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HomeMy WebLinkAbout2002-06-24 Regular Meeting and Workshop Meeting e e \.. r e e MINUTES OF THE REGULAR MEETING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL JUNE 24, 2002 1. Call to Order The meeting was called to order by Mayor Norman Malone at 6:00 p.m. Members of City Council Present: Councilmembers Chuck Engelken, Howard Ebow, Barry Beasley, James Warren, Charlie Young, Mike Mosteit, Bruce Meismer and Norman Malone Members of Council Absent: Peter Griffiths Members of City Executive Staff and City Emplovees Present: City Manager Robert T. Herrera, Assistant City Attorney John Armstrong, City Secretary Martha Gillett, Director of Public Works Steve Gillett, Assistant City Secretary Sharon Harris, Director of Planning Doug Kneupper, Fire Chief Mike Boaze, Assistant Fire Chief Champ Dunham, Human Resources Manager Lorie Doughty, Golf Course Superintendent Dennis Hlavaty, City Planner Gwen Goodwin, Director of Finance Cynthia Alexander, Police Chief Richard Reff, Dispatcher II Rusty Shepherd, Fire Engineer Billy Dalmolin, Assistant Director of Finance Michael Dolby, Director of Administrative Services Carol Buttler, Planning Coordinator Masood Malik, Director of Purchasing Susan Kelley, Director of Parks and Recreation Stephen Barr and Director of Emergency Services Joe Sease. Others Present: Ray Myers of 1909 Lomax School Road, La Porte, Texas; Bill Scott of 1802 Lomax School Road, La Porte, Texas; Barbara Norwine of 202 Lobit, La Porte, Texas; Sue Gale Mock Kooken of 41 0 S. 1 st Street, La Porte, Texas; Nick Barrera of 9510 Carlow, La Porte, Texas; and a number of other citizens. 2. Councilmember James Warren delivered the invocation. 3. Mayor Norman Malone led in the Pledge of Allegiance. 4. Council considered approving the Minutes of the Regular Meeting, Public Hearing and Workshop Meeting on June 10,2002. Motion was made by Councilmember Warren to approve the Minutes of the Rel!U1ar Meeting. Public Hearing and Workshop Meeting on June 10.2002. Second by Counci1member Beasley. The motion carried. Ayes: Engelken, Warren, Young, Mosteit, Meismer, Ebow, Beasley and Malone Nays: None Abstain: None 5. PROCLAMATIONS/PRESENTATIONS Fire Chief Mike Boaze and Assistant Fire Chief Champ Dunham recognized Fire Engineer Bill Dalmolin as Employee of the 1 st Quarter of 2002. Police Chief Richard Reff recognized Retiree Dispatcher II Rusty Shepherd for his 20 years of service with the City. e e City Council Minutes 6-24-02 - Page 2 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND T AXP AYERS WISHING TO ADDRESS CITY COUNCIL Bill Scott of 1802 Lomax School Road, La Porte, Texas, voiced his concerns regarding the noise barriers for the rail warehouse and truck stop/convenience store, the feedlot adjacent to his property, and voiced his opinions of injustice and waste within the Planning Department. 7. Council considered approval or other action regarding a resolution authorizing the City Manager to sign the resolution to participate in the Victims' Assistance Discretionary Grant. Police Chief Richard Reffpresented summary and recommendation and answered Council's questions. Motion was made bv Councilmember Young to ap?rove the resolution as presented by Chief Reff. Second by Councilmember Beasley. The motion carried. Ayes: Engelken, Warren, Young, Mosteit, Meismer, Ebow, Beasley and Malone Nays: None Abstain: None 8. Council considered approval or other action regarding an ordinance authorizing the City Manager to execute an Advance Funding Agreement with the Texas Department of Transportation, Statewide Transportation Enhancement Program, and authorizing $46,000 to fund the City's share of said Agreement. Director of Parks and Recreation Stephen Barr presented summary and recommendation and answered Council's questions. Assistant City Attorney John Armstrong: ORDINANCE 2002-2562 - AN ORDINANCE AUTHORIZING AND APPROVING AN ADVANCE FUNDING AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR A STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM AWARD, BEAUTIFICATION OF SH 225 @ SENS ROAD; APPROPRIATING $46,000.00 TO FUND SAID AGREEMENT; MAK.ING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Councilperson Warren to approve the Ordinance as presented bv Mr. Barr. Second by Councilperson Ebow. The motion carried. Ayes: Beasley, Meismer, Mosteit, Engelken, Ebow, Warren, Young and Malone Nays: None Abstain: None 9. Council considered approval or other action regarding a resolution committing the City to follow certain policies and procedures for the selection of engineering and architectural consultants for projects awarded federal funding, as outlined in the resolution. e e City Council Minutes 6-24-02 - Page 3 Director of Parks and Recreation Stephen Barr presented summary and recommendation and answered Council's questions. Motion was made by Councilmember Meismer to approve the resolution as presented by Mr. Barr. Second by Councilmember Mosteit. The motion carried. Ayes: Beasley, Meismer, Mosteit, Engelken, Ebow, Warren, Young and Malone Nays: None Abstain: None 10. Council considered approval or other action regarding an ordinance authorizing the payment of $67,671.85 to Harris County for one-half of paving costs for the upper parking lot at Sylvan Beach Park, and for paving the roadway leading from the upper parking lot to the underside of the pavilion, as provided for in the City of La PortelHarris County agreement for the operation of Sylvan Beach Pavilion. Director of Parks and Recreation Stephen Barr presented summary and recommendation and answered Council's questions. Assistant City Attorney John Armstrong: ORDINANCE 2002-2563 - AN ORDINANCE APPROVING REIMBURSEMENT TO HARRIS COUNTY, FOR ONE-HALF (1/2) OF REPAVING COSTS AT THE UPPER PARKING LOT AT SYLVAN BEACH PAVILION, PLUS PAVING OF THE ROADWAY AREA; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTNE DATE HEREOF. Motion was made by Councilmember Meismer to approve the ordinance as presented by Mr. Barr. Second by Councilmember Beasley. The motion carried. Ayes: Beasley, Meismer, Mosteit, Engelken, Ebow, Warren, Young and Malone Nays: None Abstain: None 11. Council considered approval or other action regarding an ordinance conveying Lot 7, Block 1445 to Mr. & Mrs. Carl Benjamin in exchange for a portion of Lot 32, Block 1445, Town of La Porte. Director of Parks and Recreation Stephen Barr presented summary and recommendation and answered Council's questions. Assistant City Attorney John Armstrong: ORDINANCE 2002-2564 - AN ORDINANCE APPROVING AN EXCHANGE OF CERTAIN REAL PROPERTY IN BLOCK 1445, TOWN OF LA PORTE, BETWEEN THE CITY OF LA PORTE AND CARL H. BENJAMIN AND WIFE, CAROLYN S. BENJAMIN; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTNE DATE HEREOF. Motion was made by Councilmember Ebow to approve the ordinance as presented by Mr. Barr. Second by Councilmember Mosteit. The motion carried. e e City Council Minutes 6-24-02 - Page 4 Ayes: Beasley, Meismer, Mosteit, Engelken, Ebow, Warren, Young and Malone Nays: None Abstain: None 12. Council considered approval of an ordinance authorizing the City Manager to execute a contract with Horseshoe Construction, Inc. in the amount of$127,182.00 and authorize a contingency of $6,360.00. Director of Public Works Steve Gillett presented summary and recommendation and answered Council's questions. Assistant City Attorney John Armstrong: ORDINANCE 2002-2565 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND HORSESHOE CONSTRUCTION, INC., FOR FARRINGTON BOULEY ARD TRUNK SEWER IMPROVEMENTS; APPROPRIATING $127,182.00 PLUS A CONTINGENCY OF $6,360.00, 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 Councilmember Engelken to approve the ordinance as presented bv Mr. Gillett. Second by Councilmember Ebow. The motion carried. Ayes: Beasley, Meismer, Mosteit, Engelken, Ebow, Warren, Young and Malone Nays: None Abstain: None 13. Consent Agenda Council considered agenda as follows: Award Bid #860 - Chemicals and Fertilizer - Sections 1 and 3 to Estes Inc.; Sections 2 and 6 to Vopak-Houston PPS; Sections 4 and 5 to Helena Chemical. Award Bid #852 - Police Uniforms and Body Armor - to Direct Action Uniforms. Award Bid #859 - Hot Mix Asphalt - to Martin Marietta Materials. Motion was made by Councilmember Young to approve Consent Agenda. Second by Councilmember Ebow. The motion carried. Ayes: Beasley, Meismer, Mosteit, Engelken, Ebow, Warren, Young and Malone Nays: None Abstain: None 14. Workshop was called to order by Mayor Norman Malone at 6:33 p.m. The following items were discussed: A. Redistricting Director of Planning Doug Kneupper presented summary and recommendation and answered Council's questions. e e City Council Minutes 6-24-02 - Page 5 Mayor Norman Malone appointed a Redistricting Subcommittee with Councilperson Meismer as Chairman, Councilmembers Warren and Mosteit as members of the Subcommittee. The Committee will further study the redistricting map and bring back to a future City Council Meeting for considerations. B. Polling Locations This item was put on hold until July 8, 2002. C. Mid to High-Density Multi-Family Regulations City Planner Gwen Goodwin presented summary and recommendation and answered Council's questions. 15. Closed Workshop and reconvened Regular Meeting at 8:02 p.m. 16. Administrative Reports City Manager Robert Herrera reminded Council of the July 4, 2002 holiday in observance of Independence Day. 17. Council Comments Councilmembers Mosteit, Engelken, Ebow, Beasley, Warren, Young, Meismer and Mayor Malone brought items to Council's attention. 18. 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 not an Executive Session. 19. Adjournment There being no further business to come before Council, the Regular Meeting and Workshop Meeting were duly adjourned at 8:10 p.m. Respectfully submitted, LJfl~~ Martha Gillett City Secretary Pft~?~aYOfJWY2002. / (! Malone, Mayor e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 06-24-02 Requested By: Lorie Doue:htv ~ Department: Adm. ServiceslHuman Resources Appropriation Source of Funds: Account Number: Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION Please include an "Employee of the Quarter" for the 1 st Quarter of 2002 presentation on the Agenda for the Council Meeting scheduled on June 24, 2002, The award will be awarded to: Billy Dalmolin, Fire Engineer. Please see attached memo, AW'~~/ ~~~00 Action Required bv Council: Approved for City Council Ae:enda Q~\, \\~ Robert T. Herrera, City Manager L,.\1'o~ Date City of La Porte . Administrative ServiceS"bepartment Human Resources Division e Interoffice Memorandum May 14, 2002 To: Martha Gillett, City Secretary From: Lorie Doughty, Human Resources Manager Subject: Council Agenda Item Request, June 24, 2002 Employee of the Quarter: 1st Quarter, 2002 January, February & March Please include an Employee of the Quarter for the 1st Quarter of 2002 presentation on the Agenda for the Council Meeting scheduled on June 24th, 2002. The award will be presented to: BILLY DALMOLlN The City of La Porte is exceptionally proud of Billy Dalmolin, Fire Engineer for the City. On the morning of January 7, 2002, we were dispatched to a house fire in the Bay Colony addition. Upon arrival, Unit 242, manned by firefighter Dalmolin, reported heavy smoke visible from a one-story house. One of the occupants who had been temporarily trapped in the house came up to Billy and said a little girl was still in the house, and gave instructions on which bedroom she was in. Being alone he made the decision to put on his SCBA, and attempt a rescue without hose line protection, or immediate back up. It is a very difficult decision that every firefighter may have to make in their careers, whether or not to attempt a rescue without hose line protection or backup. Fortunately, Billy's training and experience took over, and with the conditions visible, he felt time was of the essence, and he made entry. Smoke and heat conditions were becoming intolerable throughout the house, but Billy found the bedroom as described, and as he explained to me, his training kicked in and he began a systematic search of the little girl's room. Within seconds after entering the room he located the girl on the floor at the foot of the bed. He picked her up, and determined he could not go back out the way he came due to the heat buildup, so he broke out a window and passed the girl out. The child was resuscitated, and Life Flighted. Unfortunately the child died the next day. While the loss of this child was indeed tragic, Billy's bravery and quick reaction made possible the donations of precious organs. Everyone worked well as a team that morning, and as a result of one firefighter's actions life was temporarily saved so that others may live. Had Billy not made that difficult decision to enter the house, all of this would have been just another tragic loss of life. Hats off to an outstanding job! e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 06-24-02 Requested By: Lorie Doughty --/tJ Department: Adm. Services/Human Resources Appropriation Source of Funds: Account Number: Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION Please include a employee retirement presentation on the Agenda for the Council Meeting scheduled on June 24, 2002, The retiree is Rusty Shepherd, Dispatcher II with the Police Department. Action Required bv Council: Approved for City Council A2enda ~J~ 1"". \.\~ Robert T. Herrera, City Manager .krJ ,O~ Date e e City of La Porte Administrative Services Department Human Resources Division Interoffice Memorandum June 4, 2002 To: Martha Gillett, City Secretary From: Lorie Doughty, Human Resources Manager Subject: Council Agenda Item, June 24, 2002 Retiree: Rusty Shepherd - 20 Years Please include the following employee retirement presentation on the Agenda for the Council Meeting scheduled for June 24, 2002: Rusty Shepherd - 20 years Russell Shepherd, Jr. grew up in La Porte and has spent his life here serving the citizens of our community. The Shepherd family name of one that is connected with public service. Known as "Rusty" to family, friends, and co-workers, he began his career with the City of La Porte Police Department as a dispatcher on August 14, 1979. He resigned on April 24, 1981 to pursue a college education. However, he missed his heart's calling as the "voice of the La Porte Bayshore area", and returned to the police department on August 12, 1982. Rusty worked his way up through the ranks, achieving the title of Dispatcher II and eventually serving as the Senior Dispatcher in Communications. His friendly voice on the airwaves calmed many an officer as they sought help in emergency situations, and Rusty was always willing to assist the public with their needs. Law enforcement personnel throughout southeast Texas recognized Rusty's voice. Not only did Rusty serve as Dispatcher; he also volunteered as a Reserve Police Officer, During his tenure with the department, Rusty received five commendations for recognition of his work, including a nomination as Officer of the Year. In addition to serving his community as a Dispatcher and Reserve Officer, Rusty also received a certificate as an Emergency Care Attendant and served with the La Porte Ambulance Service and as a firefighter with the La Porte Volunteer Fire Department. Rusty's contributions are also widely known in the local Rotary Club and other groups, and as an organist for his church. Rusty's selfless public service is to be commended and his contributions will be sorely missed, We wish him the best in his retirement. c: Richard Reff, Chief of Police Aaron Corrales, Assistant Police Chief Ron Parker, Lieutenant Carol Buttler, Director of Administrative Services Personnel File e e e e Agenda Date Requeated: June 24, 2001, f!/ Requested By: Riehard K Reff (1: j Appropriation Source of Funds: V ADG Department: PoU~e Account Number: Report: Resolution: x Ordinance: Amount Budgeted: Exhibits: Grant Award Amount Requested: Budgeted Item: YES NO Exhibits: Exhibits: SUMMARY & RECOMMENDATION On December 10, 200 1, Council authorized the City Manager to submit for a Victims' Assistance Discretionary Grant from the Office of the Attorney General to create a Victims' Assistance Liaison. This grant request is for the amount of $66,666,00 for a lOmonth period and does not require any matching funds, The City of La Porte was awarded this grant This Resolution will formally start the reimbursement process for the grant funds. Action Reauired bv Council: Request authorization for the City Manager to sign the resolution to participate in the Victims' Assistance Discretionary Grant. Approved for City Council Ae:enda G1l~ T. ~~ Robert T. Herrera, City Manager ~-/~'O~ Date e e RESOLUTION 'LDO B. ~ a.J WHEREAS, The La Porte City Council finds it in the best interest of the citizens of La Porte to receive assistance, support and education about Victims' Assistance Programs with the acceptance of a Victims' Assistance Discretionary Grant made possible through an appropriation by the 77th Legislature to the Attorney General's Office, and WHEREAS, La Porte City Council has considered the submission of the application to the Attorney General's Office for the funding of a full- time position of a Victims' Assistance Liaison in the amount of $66,666.00 for a 20 month period, and WHEREAS, City of La Porte will receive a maximum of $62,003.00 for salary for grant position and $8,326.00 for training and equipment from the Attorney' General's Office with no required match or funds from the City, and WHEREAS, La Porte City Council has agreed that in the event of loss' or misuse of the $66,666.00 of the Attorney General's funds, La Porte City Council assures that the funds will be returned to the Attorney General's Office in full. WHEREAS, La Porte City Council has agreed that the Victim Assistance Discretionary Grant award will not be used to offset or decrease total salaries, expenses, and allowances the City receives at or after the time the grant is awarded. NOW THEREFORE, BE IT RESOLVED that the La Porte City Council approves submission for the grant application for the Office of the Attorney General, Crime Victim Services Division in the amount of$66,666.00. LJ!6 (}A;t& a if AffiJ-( CIty .lerk It.;' -- ..':~ OFFICE OFTHE ATTOR.NEY': '.~EJl.AL' STATE OFTEX.-I.S ',\ JOHN CORNYN - STATEMENT OF GRANT AWARD Grant Number: Grantee: Project Title: Grant Period: Grant Program: Program Fund: Award Amount: 02 G02942 City of LaPorte (PD) Victims Assistance Liaison 2/01/02-8/31/03 Victims' Assistance Discretionary Grant (V ADG) Compensation to Victims of Crime Fund No. 469 $66,666.00 APPROVED BUDGET: The attached budget is approved for V ADG funding through the Office of the Attorney General (OAG). This grant is subject to and conditioned upon acceptance of the rules and regulations set forth in Title 1 Tex. Admin. Code, Chapter 60, Subchapter A-H (published for Adoption on December 14,2001). Applicable special.conditions, if any, are cited below. Total project costs must be accounted for in accordance with the Governor's Office of Budget and Planning, Uniform Grant lvfanagement Standards (http://www.govemor.state.lx.us/the_office/gtsJracslGrantslguidelines.htm) and the rules and regulations referenced above. . GRANTEE REQUEST FOR REIMBURSEMENT: All grantee requests for reimbursement shall be submitted to the Office of the Attorney General, to the attention of the Crime Victim Services Division, V ADG Coordinator. Payments made pursuant to this grant shall be for reimbursement of costs on a monthly basis. Grantee agrees to use the OAG approved Invoice Form and Financial Status Report Fonn to make reimbursement requests. Reimbursement will not be made without requisite documentation or until all special conditions outlined on the Statement of Grant Award have been satisfied. FUTURE FUNDING: Approval of the above-referenced grant does not commit the Office of the Attorney General to future funding. Any such funding shall be determined by all applicable rules, regulations, policies and procedures promulgated by the Office of the Attorney General and by the appropriation of funds. GRAJ."IT ADJUSTMENTS: Grantee shall submit written requests for grant adjustments to the Office of the Attorney General, to the attention of the Crime Victim Services Division, VADG Coordinator. SPECIAL CONDmONSIREQUIREMENTS: Nate: The grant recipient, by the acceptance of this grant, agrees to expend grant funds only fGr, and in compliance with, Article I, Section 31 of the Texas Constitution, and with the Texas Code of Crimina,! Procedure, Chapter 56. Resolution: Grantee must submit signed resolution that contains all required wording. POST OpPleB Box 125ola. AUSTIN. TSXAS 7871 I.Z5~8 TRio: (512Jol63-Z100 Will: W'III'W.OAO.STATLTX.US Air EtpttI/ Enrp"'-""'_t O~ &pltip. Pri1IUti.. ~ Papu F~.03 Approved V ADG Program a_et . Office of the Attorney General (OAG) '. Crime Victim Services Division OAG1 Grantee: City of LaPorte 215 Grant/Contract #: 02-G02942 Award Amount: $66,666 City: LaPorte Grant Period: February 1, 2002, to August 31, 2003 Budget Summary: As of 2/1/2002 211/02.8/31/02 911102-8131103 OAG Use Only OAG Use Only Total FY02l03 Award Personnel Victim Assistance Liaison 24,279 37,724 62,003 Personnel Total 24,279 37,724 0 0 62,003 Fringe Fringe Total 0 0 0 0 0 Professional & Contractual Contractual Total 0 0 0 0 0 Travel & Training Local 0 0 0 In-State 500 700 1,200 Out-Of-State 0 p 0 Travel Total 500 700 0 0 1,200 Equipment PC with Printer 1,600 0 1,600 Equipment Total 1,600 0 0 0 1,600 Supplies & DOE TelevisionNCR 500 0 500 Digital Pager Rental 63 0 63 Chair & Bookcase 300 0 300 Office Supplies 1,000 0 1,000 Supplies & DOE Total 1,863 0 '0 0 1,863 Other ~ 0 0 Other Total 0 0 0 0 - 0 Indirect 0 0 0 Total Budget 28,242 38,424 . 0 0 66,666 Doc: VADG Approved Budgets.xls Print Date: 02/12/2002: 9:23 PM e tit e e RE NeIL AGENDA ITEM Agenda Date Requested: June 24 Appropriation Requested By: Stephen L. Barr Fund 015 Department: Account Number: 015-9892.-813 Re ort: Resolution: Ordinance: X Amount Budgeted: $100,000 Exhibits: Ordinance No. 2002- Amount Requested: $46,000 Exhibits: Advance Fundine Aereement Budgeted Item: YES NO X Exhibits: SUMMARY & RECOMMENDATION In June 2001 the City submitted a proposal to the Texas Department of Transportation, Statewide Transportation Program (TxDOT STEP) for beautification of SH 225 at the Sens Road intersection. In November 2001 the City was awarded this project under the program. The Advance Funding Agreement is the first step in pursuing this project for the City of La Porte. The agreement provides the procedure for implementation of the scope of work. In summary, the City will hire an Architect to design the project and perform all the preliminary steps necessary to get the project design in line with TxDOT requirements. TxDOT will hire and administer the actual construction contract portion of the project. Total cost of the project is estimated to be $228,010, with the City's share of20% expected to be $45,602. Under the contract, the City will pay any costs over the projected budget. Upon completion, the City will be responsible for maintenance of the project for a period of at least 10 years. This project was not budgeted because there was no guarantee that the City would receive the award; however in the FY 1999-2000 CIP budget, funds were set aside for future park projects in the amount of$100,000. These funds are available to move the City toward its beautification goals as envisioned in both the Comprehensive Plan Update as well as the Park Master Plan. StaiIis recommending that this account (GEN813) be used to fund this project. Action Reauired bv Council: Consider approval of an ordinance authorizing the City Manager to execute an Advance Funding Agreement with the Texas Department of Transportation, Statewide Transportation Enhancement Program, and authorizing $46,000 to fund the City's share of said Agreement. Approved for City Council A2enda Q~ " \-l~ Robert T. Herrera, City Manager ~. \ & . D L.. Date e e ORDINANCE NO. 02- ~ 5' l.o ~ AN ORDINANCE AUTHORIZING AND APPROVING AN ADVANCE FUNDING AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR A STATEWIDE TRANSPORtf\.TION ENHANCEMENT PROGRAM A WARD, BEAUTIFICAtiON OF SH 225 @ StNS ttQAD; APPROPRIATING $46,000.00 TO FUND SAID AGRtEMENT; MAKiNG V Aktbus FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte, The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Council apprdpHates the sum not to exceed $46,000.00 for the Statewide Transportation Enhancement Program award, beautification of SH 225 @ Sens Road, from the FY 1999-2000 CIP account 015-9892-813, to fund the City's share of said Agreement. / 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 e tit Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 1.1,TH day of June 2002. CITY OF LA PORTE By: ~~/~ Norman L. Malone, Mayor ATTEST: '11l /JA1/; tI.; ~~ / t/ Marth Gillett, City Secretary S TO FORM: Knox W. Askins, City Attorney *- I Texas Department of Transportation e P.O. BOX 1386. HOUSTON, TEXAS 77251-1386. (713) 802-5000 August 21, 2002 Harris County Date Palms and Oleanders for SH 225 at Sens Road Exit Control 0912-71-795 CONTACT: DPD Mr. Stephen L. Barr Director of Parks & Recreation Department City of La Porte 1322 S. Broadway La Porte, Texas 77671 [E ~';-l_C-[!" \, .' \', \6) ~~ "!;! ]; : '\ II Al,6 2 6 2002 J:!! PARKS & RECREATiON DEPT. Dear Mr. Barr: The Advance Funding Agreement for a Transportation Enhancement Project, Date Palms and Oleanders for SH 225 at Sens Road Exit, awarded the City of La Porte as a result of the 2001 Statewide Transportation Enhancement Program (2001 STEP) Call for Projects, has been executed. We request that you retain the enclosed fully executed original Advance Funding Agreement (the Agreement) for your project files. The fully executed duplicate original counterpart will be filed with the Texas Department of Transportation (TxDOT), Austin Division Headquarters. The Houston District has a copy of the Agreement on file. It will be necessary at this time for the City of La Porte to remit a check or warrant made payable to the "Texas Department of Transportation" in the amount of $2,400.00 in accordance with Section 12-E of the Agreement. The amount is based on twenty percent (20%) of TxDOT's estimated administrative, project development and design review cost. Please include the TxDOT Control Section Job 0912-71-795 (CSJ 0912-71-795) on your check and mail it to: Mr. Brian Hohle, Accounting Section Texas Department of Transportation P. O. Box 1386 Houston, Texas 77251-1386 TxDOT must receive payment prior to the performance of any review work done by TxDOT. With the execution of the Agreement and upon TxDOT's receipt of payment, the administration of this project will move from the TxDOT Houston District Project Development Section to the TxDOT Houston District Consultant Contract Administration Section, for further development. The next step in the project development process is for the City to select a consultant to perform An Equal Opportunity Employer - ___..__ __m___ ____ e e Mr. Stephen L. Barr August 21, 2002 Page 2 the engineering and design for the project. The City of La Porte will need to follow Consultant Selection Procedures, which need to be submitted to TxDOT for approval. An example of said procedures, which have been approved by TxDOT, have been included in this mailing. Until a TxDOT Project Manager is assigned to your project, Mr. Mark Patterson, P.E., of the Consultant Contract Administration Section, will be your contact person. Mr. Patterson may be reached at (713) 802-5506. If you have any questions regarding the Agreement, please contact Ms. Teri Kaplan Heacock at (713) 802-5810. Sincerely, if/0--- Pat Henry, P .E. Director of Project Development Houston District TKH:ljh Attachments cc: Ms. Teri Kaplan Heacock Mr. Mark Patterson, P.E. Mr. Brian Hohle e e ~. , STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit STATE OF TEXAS ~ ~ J-~"'''''''';r-''';''.,., .'~""'-""". ',"",.. '. MlGr'NA,t. COUNTY OF TRAVIS ADVANCE FUNDING AGREEMENT For a TRANSPORTATION ENHANCEMENT PROJECT This Advance Funding Agreement for a transportation enhancement project (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of La Porte, acting by and through its duly authorized officials hereinafter called the "Local Government." WITNESSETH WHEREAS, the Local Government prepared and submitted to the State a nomination form for consideration under the Statewide Transportation Enhancement Program for the project which is briefly described as Date Palms and Oleanders for SH 225 at Sens Road exit, hereinafter called the Project; and WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 21 st Century (TEA-21) codified under Title 23 U.S.C. Section 101 et seq., authorize transportation programs to meet the challenges of protecting and enhancing communities and the natural environment and advancing the nation's economic growth and competitiveness; and WHEREAS, ISTEA and TEA-21 establish federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, Title 23 U.S.C. Section 134 requires that Metropolitan Planning Organizations and the States' Transportation Agencies to develop transportation plans and programs for urbanized areas of the State; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Order 108766, January 31, 2002, awarding funding for projects in the 2001 Program Call of the Statewide Transportation Enhancement Program, including this Project; and Page 1 of 32 e e , ) STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit WHEREAS, the rules and procedures for the selection and administration of the Statewide Transportation Enhancement Program are established in 43 T AC Sections 11.200 et seq.; and WHEREAS, the governing body of the Local Government has approved entering into this Agreement by resolution or ordinance dated June 5. 2001, which is attached hereto and made a part hereof as Attachment A; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until terminated as provided in Article 2. 2. Termination of this Agreement This agreement may be terminated by any of the following conditions: . by mutual written consent and agreement of all parties. . by any party with 90 days written notice. . by either party, upon the failure of the other party to fulfill the obligations as set forth in this Agreement. Any cost incurred due to such breach of contract shall be paid by the breaching party. A. The termination of this Agreement shall extinguish all rights, duties, obligations and liabilities of the State under this Agreement. If the potential termination of this Agreement is due to the failure of the Local Government to fulfill its contractual obligations, the State will notify the Local Government that possible breach of contract has occurred. The Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties. B. If the Local Government withdraws from the Project after this Agreement is executed, the Local Government shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system. C. A Project may be eliminated from the program as outlined below. If the Project is eliminated for any of these reasons, this Agreement will be appropriately terminated. A Project may be eliminated from the program, and this Agreement terminated, if: i. The Local Government fails to satisfy any requirements of the program rules cited as 43 T AC 911.200 et seq. ii. The implementation of the Project would involve significant deviation from the activities as proposed in the nomination form. iii. The Local Government withdraws from participation in the Project. iv. The Project is not implemented within a reasonable time, as determined by the State in consultation with the Local Government. In absence of Page 2 of 32 " e e , I STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit information suggesting that a shorter or longer period is appropriate, three years or less from the date of inclusion in the Statewide Transportation Improvement Plan (STIP) will be presumed to be a reasonable time. v. The State determines that federal funding may be lost due to the Project not being implemented and completed. 3. Amendments This Agreement may be amended due to changes in the work or amount of funding required to complete the Project or other material, required changes in the responsibilities of the parties. Such amendment(s) must be made through a mutually agreed upon, written amendment that is executed by all parties. 4. Scope of Work The scope of work for the Project, as described in the nomination form and as approved by the Texas Transportation Commission, will place date palm trees and oleander shrubs alonq SH 225 in the City of La Porte. The plantinq will be placed within the north and south border widths of the riqht-of-way between the eastbound and westbound exit ramps to Sens Road, approximately 3/4 of a mile in lenqth. The landscape improvements include the installation of an automatic irraqation system. The proiect will compliment similar plantinq alonq SH 225 at the Battleqround Road exit, iust west of La Porte, in the City of Deer Park. The Project Location Map(s), which was attached to the project nomination form, has been included in this Agreement as Attachment B. 5. Right of Way and Real Property Acquisition Right-of-way and real property acquisition shall be the responsibility of the Local Government. Title to right of way and other related real property must be acceptable to the State before funds may be expended for the improvement of the right of way or real property. If the Local Government is the owner of any part of the project site under this Agreement, the Local Government shall permit the State or its authorized representative access to OGcuPY the site to perform all activities required to execute the Project. All parties to this agreement will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to the Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR Section 24.2(g). Documentation to support such compliance must be maintained and made available to the State and its representatives for review and inspection. A. The Local Government shall assume all costs and perform necessary requirements to provide any necessary evidence of title or right of use in the name of the Local Government to the real property required for development of the Project. The evidence of title or rights shall be acceptable to the State, and be free and clear of all encroachments. The Local Government shall secure and Page 3 of 32 , \ STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit e e provide easements and any needed rights of entry over any other land needed to develop the Project according to the approved Project plans. The Local Government shall be responsible for securing any additional real property required for completion of the Project. B. In the event real property is donated to the Local Government after the date of the State's authorization, the Local Government will provide all documentation to the State regarding fair market value of the acquired property. The State will review the Local Government's appraisal, determine the fair market value and credit that amount towards the Local Government's financial share. If donated property is to be used as a funding match, it must be provided by a non- governmental entity and cannot be donated by a federal, state or local government. The State will not reimburse the Local Government for any real property acquired before execution of this agreement and the State's issuance of a letter of funding authority. C. The Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to the State for approval prior to the Local Government acquiring the real property. Tracings of the maps shall be retained by the Local Government for a permanent record. D. The Local Government agrees to make a determination of property values for each real property parcel by methods acceptable to the State and to submit to the State a tabulation of the values so determined, signed by the appropriate Local Government representative. The tabulations shall list the parcel numbers, ownership, acreage and recommended compensation. Compensation shall be shown in the component parts of land acquired, itemization of improvements acquired, damages (if any) and the amounts by which the total compensation will be reduced if the owner retains improvements. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of information or reports used in calculating all determined values. Expenses incurred by the Local Government in performing this work may be eligible for reimbursement after the Local Government has received written authorization by the State to proceed with determination of real property values. The State will review the data submitted and may base its reimbursement for parcel acquisitions on these values. E. Condemnation shall not be used to acquire real property for this enhancement Project. F. Reimbursement for real property costs will be made to the Local Government for real property purchased in an amount not to exceed eighty percent (80%) of the cost of the real property purchased in accordance with the terms and provisions of this Agreement. Reimbursement will be in an amount not to exceed eighty percent (80%) of the State's predetermined value of each parcel, or the net cost thereof, whichever is less. In addition, reimbursement will be made to the Local Government for necessary payments to appraisers, expenses incurred in order to assure good title, and costs associated with the relocation of displaced persons and personal property as well as incidental expenses. Page 4 of 32 e e , , STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit G. If the Project requires the use of real property to which the Local Government will not hold title, a separate agreement between the owners of the real property and the Local Government must be executed prior to execution of this Agreement. The separate agreement must establish that the Project will be dedicated for public use for a period of not less than 10 (ten) years after completion. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of the Project after completion. This agreement must be approved by the State prior to its execution. A copy of the executed agreement shall be provided to the State. 6. Utilities If the required right of way encroaches upon existing utilities and the proposed project requires their adjustment, removal or relocation, the Local Government will be responsible for determining the scope of utility work and notifying the appropriate utility company to schedule adjustments. The Local Government shall be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies and procedures. This may include, but is not limited to: 43 T AC 915.55 relating to Construction Cost Participation; 43 TAC 921.21 relating to State Participation in Relocation, Adjustment, and/or Removal of Utilities; and, 43 TAC 921.31 et seq. relating to Utility Accommodation. The Local Government will be responsible for all costs associated with additional adjustment, removal, or relocation during the construction of the project, unless this work is provided by the owners of the utility facilities: a. per agreement; or b. per all applicable statutes or rules. Prior to letting a construction contract for the Project, a utility certification must be made available to the State upon request stating that all utilities needing to be adjusted for completion of the construction activity have been adjusted 7. Environmental Assessment and Mitigation Development of the Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. A. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of the Project. S. The Local Government is responsible for the cost of any environmental problem's mitigation and remediation. C. The Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. D. The Local Government shall provide the State with written certification from appropriate regulatory agency(ies) that identified environmental problems have been remediated. Page 5 of 32 , , STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit e e Mitigation and Remediation costs will not be reimbursed or credited towards the Local Government's financial share of the Project unless specified in the nominating form and approved by the State. Forty five (45) days prior to any construction contract let date, the Local Government shall provide a certification to the State that all real property has been acquired, all environmental problems have been remediated, and all conflicting utilities have been adjusted. 8. Compliance with Texas Accessibility Standards and ADA All parties to this agreement shall ensure that the plans for and the construction of the project subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 9. Architectural and Engineering Services. The Local Government shall provide Architectural and engineering services associated with the development of the Project. In procuring professional services, the parties to this agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional services contracts for federally funded projects must conform to federal requirements. A. The architectural contract documents shall be developed in accordance with the standards of the American Institute of Architects, the U.S. Secretary of the Interior's Standards for Historic Architecture/Engineering plans for buildings shall be developed in accordance with all local building codes, Preservation Projects, Standards and Guidelines for Archeology and Historic Preservation, the National Register Bulletin Number 36: Guidelines for Evaluating and Registering Historical Archeological Sites and in consultation with the State Historic Preservation Officer, as applicable. The engineering plans shall be developed in accordance with the State's applicable Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the two AASHTO publications, "A Policy on Geometric Design of Highways and Streets" and "Guide for the Development of Bicycle Facilities," as applicable. All contract procurement procedures and documents must adhere to the applicable requirements established in the Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges. The use of other systems of specifications shall be approved by the State in writing in advance. B. The Local Government shall submit any plans it has completed to the State for review and approval. The Local Government may also submit the plans to the State for review anytime prior to completion. The Local Government shall make the necessary revisions determined by the State. The construction contract will not let until all required plans have received State approval. Page 6 of 32 ~ e e , ' STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit C. The Local Government shall submit to the State all documentation relating to authorized costs incurred for providing architectural and engineering services. Reasonable, allowable, and allocable costs incurred by the Local Government, after the Local Government has obtained written authorization from the State to incur costs, will be eligible for reimbursement at an amount not to exceed eighty percent (80%) of the eligible authorized costs. D. The Local Government shall make progress payments to the design consultant in accordance with Attachment D, Billing Procedures for TxDOT/Local Public Agency Projects. Local Government shall retain and submit to the State all cost documentation associated with the development of the completed engineering documents. E. The State will reimburse the Local Government funds, which have been incurred and are applicable to the federal cost sharing arrangement established herein. The payments to the Local Government for services rendered will be made monthly based upon the Local Government's approved monthly progress report and itemized and certified statements (Texas Department of Transportation Form 132, or an invoice that is acceptable to the State) detailed to show the names of employees, time worked, actual work pertormed and actual rates. Monthly Statements should include authorized non-salary expenses with supporting itemized invoices. F. The itemized and certified statements, provided by the Local Government, shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. Final payment of any money due should be made to the Local Government after satisfactory completion of all services and obligations covered in this Agreement, including acceptance of work by the State and completion of final audit. Final payment does not relieve the Local Government of the responsibility of correcting any errors and/or omissions resulting from negligence. 10. Construction Responsibilities a. The ~tate shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. b. All contract letting and award procedures must be approved by the State prior to letting and award of the construction contract, whether the construction contract is awarded by the State or by the Local Government. c. All contract change order review and approval procedures must be approved by the State prior to start of construction. d. Upon completion of the Project, the party constructing the project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. Page 7 of 32 STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit e e For federally funded contracts, the parties to this agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHW A-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR Part 635, Subpart B. Any field changes, supplemental agreements or revisions to the design plans that may occur after the construction contract is awarded will be mutually agreed to by the State and the Local Government prior to authorizing the contractor to perform the work. Prior to completion of the Project, the party responsible for construction will notify the other party to this Agreement of the anticipated completion date. All parties will be afforded the opportunity to assist in the final review of the construction services performed by the contractor. 11. Project Maintenance. Upon completion of the Project, the Local Government will be responsible for maintaining the completed facility for public use for a period of at least ten (10) years. Any manufacturer warranties extended to the Local Government as a result of the Project shall remain in the name of the Local Government. The State shall not be responsible for honoring any warranties under this agreement. 12. Local Project Sources and Uses of Funds A. Project Cost Estimate: A Project Cost Estimate and Payment Schedule is provided in Attachment C, showing the total estimated development cost of the Project. This estimate shows the itemized cost of real property, utilities, environmental assessments and remediation, architectural and engineering activities, construction, and any other substantial items of cost. To be eligible for reimbursement, costs must have been included in the itemized budget section of the nomination form approved by the Texas Transportation Commission. Costs may be shifted between work categories after receiving written approval from the State. S. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amounts to be contributed to the Project by federal, state, and local sources. C. The Local Government will be responsible for all non-federal participation costs associated with the Project, including any overruns in excess of the Project cost estimate and any operating or maintenance expenses. Donations of real property, cash, materials, and services required for the development of the Project may be eligible to count towards the local funding share of a project as in-kind contributions. In order to be considered as an eligible in-kind contribution, donations must be made by public, non-profit, governmental or non-governmental organizations. The value of the donated contributions of real property, materials, or services will be based on fair market value. In-kind donations of services are limited to preparation of plans, specifications and estimates, and may account for no more than ten percent (10%) of the Page 8 of 32 , \ e e STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit D. allowable Project's cost. The remaining balance of the local contribution shall be in cash, donated real property or materials. The Local Government may also provide services or materials to reduce the overall cost of a Project, but it will not be considered as an in-kind contribution. Donations of real property must be from private ownership to public ownership for Project purposes. The State will be responsible for securing the federal share of funding required for the development and construction of the Project, in an amount not to exceed eighty percent (80%) of the actual cost of the work up to the amount of funds approved for the Project by the Texas Transportation Commission. Federal funds will be reimbursed on a cost basis. Project costs incurred prior to Project selection by the Texas Transportation Commission and approval by the State to proceed are not eligible for reimbursement. The estimated administrative, Project development and design review cost to be incurred by the State is $12,000.00. Within 30 days of the execution of this Agreement by all parties the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount of $2,400.00, which is based on twenty (20%) of the STATE estimated administrative, project development and design review cost. The STATE must receive payment prior to the performance of any review work by the State. E. F. Sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. The Local Government must advance to the State at least twenty (20%) of the Project construction and construction engineering costs. The amount to be advanced for this Project is estimated to be $35,227.00, including cash and allowable donations. G. In the event the State determines that additional funding is required by the Local Government at any time during the development of the Project, the State will notify the Local Government in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. In the event the Project is not completed, the State may seek reimbursement from the Local Government of the expended federal funds. The Local Government will remit the required funds to the State within sixty (60) days from receipt of the State's notification. The State will not pay interest on any funds provided by the Local Government. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this Agreement. If any existing or future local ordinances, including, but not limited to, outdoor advertising billboards or storm water drainage facility requirements, are more H. I. J. K. L. Page 9 of 32 e STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit e restrictive than State or Federal Regulations, or any other locally proposed changes, including, but not limited to plats or replats, result in increased costs, then, any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing such right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including expenses related to relocation, removal, or adjustment of eligible utilities. 13. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: STATE: Mailing Address STATE: Physical Address LOCAL GOVERNMENT: Mailing Address LOCAL GOVERNMENT: Physical Address Texas Department of Transportation P.O. Box 1386 Houston, Texas 77251-1386 Attn: District Engineer Texas Department of Transportation 7721 Washington Avenue Houston , Texas 77007 Attn: District Engineer The City of La Porte 1322 Broadway La Porte, Texas 77571 Same All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 14. Legal Construction In case one 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 provisions and this agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. Page 10 of 32 STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit e - 15. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 16. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. 17. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsott@ Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. 18. Compliance with Laws The parties shall comply with all Federal, State, and Local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 19. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the agreement's subject matter. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in the Office of Management and Business (OMB) Circular A- 87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. Page 11 of32 STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit e e 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR ~ 18.36 and with the property management standard established in Title 49 CFR ~ 18.32. 22. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHW A), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 23. Office of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular No. A-128 through August 31,2000 and stipulated in OMB Circular A- 133 after August 31 , 2000. 24. Civil Rights Compliance The Local Government shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR ~71 0.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 25. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. 26. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." The parties to this Agreement shall require any party to a subcontract or purchase order awarded under this Agreement to certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension). Page 12 of 32 STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit e e 27. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarqing of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The parties shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Submission of this certification is a prerequisite imposed by Title 31 U.S.C. ~1352 for making or entering into this transaction. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 28. Incorporation of Provisions Attachments A through G are attached hereto and incorporated into this contract as if fully set forth herein. Page 13 of 32 , ' STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit e e 29. Signatory Warranty. The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented THE LOCAL GOVERNMENT THE STATE OF TEXAS Title: (/;..1, I Ma. YlQ9 er I Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Q(~T.'~ Date: ~'c24.0:0 By: ~~ Jenni r . oldano, Director Contract Services Office ~ letsl DC}- Date: ATTACHMENTS: ATTACHMENT "A" ATTACHMENT "B" ATTACHMENT "C" ATTACHMENT "0" ATTACHMENT "E" ATTACHMENT "F" ATTACHMENT "G" Resolution of Local Government Project Location Map(s) Project Budget Estimate and Source of Funds Billing Procedure for TxDOT/Local Public Agency Project Project Detail Shcet(s) Right of Way Identification & Authorization Transportation Improvement Program Inclusion Page 14 of 32 , , STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit e e ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT Page 1 of 1 CITY OF LA PORTE RESOLUTION NO. 01- otf- A RESOLUTION OF THE CITY OF LA PORTE APPROVING THE SUBMmAL OF APPLICATIONS TO THE TEXAS DEPARTMENT OF TRANSPORTATION STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM FOR A PROJECT NOMINATION PROVIDED BY THE TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY. WHEREAS. the City of La Porte, Texas desires to submit 2 applications: 1) for implementation of a landscape enhancement plan for State Highway 225 at Sens Road, 2) for restoration and enhancement of the roundabout at Five Points intersection in La Porte; and WHEREAS, the enhancement programs proposed will be beneficial to both residents and travelers through the City of La P.orte by improving the aesthetics, reducing fuel usage and providing cleaner air; and WHEREAS. the City desires to establish its commitment to pledge the 20% match in accordance with the Texas Transportation Enhancement Program guidelines; and WHEREAS, the City commits to the projects' development, implementation, construction, maintenance and financing, should ~7flPjects be approved; THEREFORE BE IT RESOLVED BY TH~OUNCIL OF THE CITY OF LA PORTE: that the City Manager is authorized to execute all documents necessary for the submission of the two projects designated herein. PASSED AND APPROVED, this 5111 day of June 2001. CITY OF LA PORTE ATTEST: ~!i;I:lrLiL(jftf Martha iIIett, City Secretary A~RO\(ED AS TO FORM: I' ... ~h / 7,~# f. 'Y.. I/t ,~ .-..... i Knox W. Askins, City Attorney Page 1 of 1 Page 15 of 32 "I r- .:::.VV.:::.\ 1'1'I} I r:: CSJ: 0912-71-795 P_ct: Date Palms and Oleanders for_ 225 at Sens Road Exit ATTACHMENT B PROJECT LOCATION MAP (5) Page 1 of 2 ~'~. '~, t. '.i'frfL,.:~I,:"." .::'1' ',1__: .' ':. ~1""....-." ,'~'~'''~ /1. ___1, rJ~ H7~ ,~()RrU -::~5'11o I 252 253 ": '":>,,, !1:.i Attachment "A" 254 .~ ~ , "....255 '1, .., '.~ ....:, ~~.tt1_". ' / CZ:~ '6" .. 2?, i '"':<!'~.!~c~1~':1 ! ~I'U ) ~:;~i nl'l.(tfr:-;' } Vicinity Map 'S"'~l'UJr. d _.....'~.), ...... ~'~" WOOdf,UN1. " - _~_~~~'~''''__~~'~''' '\.- ~', ' ,~ .~ -1 ......rt!'293 "'- ~, 294 Project Map Photographs Site Plans !-21ff'J:'l3.L~ I ,,=,;'-- ;\.-=-::\\~,~: , ,ill " ,~"l :1 ~ ~~.'::'?" .~ 2 ...~ ' c-". :1 33"\ ~ --~ ~. '. l~ .... /",)) , . ,'* ...,'.. .Spriflg, " yL..... -. ..- -'~ " . ~ 1, "'I (1 , , T . ~ ~,.~..MP;,,"'1_ ~. ,.,_ " 't .. ~~k--'; i 8~:!~~~ '--~c.;-l ,I ~ ..~ :..0'.Jt&C". .j .~ ~~ -~~~i"\ '1T1Ir.1f~_~.~ .~~ ;_... ,'~'.:" '___;w""L~9 .~ -38'0, ~","-l.~:)c_~~~~~,-4 .,1.:, r.1~ ~ 'cI..AIIAl~~~!j.~ rr ___, -_..... 11 ... ......, ~~,.}-.. . * -- - )Nijl~ttlr.?---O~; ~..:~I>N~~{'Q .~ n I\; 11-1"'1 381',- -.i ".,,) - , :1 ,;. ',.... !.:'.~~ , 419,.....--~--~, 421 <;; ..dj'iP;'t'1~~\\~-~i'":.- i~......tcDelffrf"l.L'.g - ~S--f-;-- -~ D~~~:tJ 46~,,-: '... 'j:,;-(.-~: ~ ~~~~';,~: ~!~ ! 'j ,J~, r.:~,~!!-t-~- Page 160f32 u I r .::.vv.::.~ I "'t f 'I L.. CSJ: 0912-71-795 pect: Date Palms and Oleanders foe 225 at Sens Road Exit ATTACHMENT B PROJECT LOCATION MAP (5) Page 2 of 2 "A" Vicinity Map Project Map - Nomination 1 'j I Photographs Site Plans ---U;-i &...~~,,"-_.- WH .~1d " :1 ~ Q 15 Proposed Landscaping SH225 & Sens Road ~ >II II ! <II I Joe DOCI " --..---'----j--: ... I , ~ I J '" \,;, <C ~ ~ " ~ -'I .. 00.;" I 9~ OJ "Q It.. Page 17 of 32 e e STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit ATTACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS Page 1 of 2 X ITEMIZED BUDGET List the estimated cost for each work activity. An accurate and itemized budget will help defme the scope of work proposed in the project. Only those approved items of work and cost estimates established in the nomination form will be eligible for federal funding participation. Contingency costs are not eligible for participation. Include: Preliminary Engineering, Environmental Costs, Real Property Costs, and Construction Costs. Quantity Unit Price Amount Preliminary Engineering: Work Activities: Develop Landscape Design (10% of Est. Const.) 1 $15,328 $15,328 Total Preliminary Engineering Costs $15,328 Environmental Costs: Work Activities: Categorical Exclusion Document 1 ea. $16,000.00 $16,000 Total Environmental Costs $16,000 Real Property Costs: Work Activities: Not Applicable Total Real Property Costs 0 Construction Costs: Work Activities: Install 1 " Water Taps & Meters 6 ea. $125 $ 750 Install 1" Water Line and Bubblers 9,240 ft. $0.75 per ft. $ 6,930 Install Date Palm Phoenix Dactylifera (Med Jewel) 54 ea. $2,700 $145,800 Install Oleander 200 $26 $ 5,200 Total Construction Costs $158,680 TOTAL ITEMIZED BUDGET: $190,008 Page 18 of 32 e e STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit ATTACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS Page 2 of 2 XI. FUNDS REQUESTED Total Itemized Budget (from page 5) 1 $ 190,008 In-Kind Contributions (If applicable): Real Property Cash Materials Services * Total In-Kind Contributions $ $ $ $ 2. $ o Subtotal Value of Proj ect (Line 1 + Line 2 ) 3. $ 190,008 Administrative Expenses (20% of line 3) 4. $ 38,002 Total Value of Project (Line 3 + Line 4) Local Match: 20% of Total Value of Projects (Line 5) Less In-Kind Contributions (Line 2) Local Match (Line 6 less Line 7) 5. $ 228,010 6. $ 45,602 7. $ 0 8. $ 45,602 Federal Funds Requested (80% of Line 5) 9. $ 182,409 * All Donations must provide sUEPorting Documentation Page 19 of 32 e e STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit ATTACHMENT D BILLING PROCEDURES FOT TxDOT/LOCAL PUBLIC AGENCY PROJECTS Page 1 of 1 1. The consultant shall prepare a draft copy of their statw payment from the LOCAL GOVERNMENT. 2. The consultant shall prepare TxDOT Form 132. This form is required for the LOCAL GOVERNMENT to request reimbursement from TxDOT for consultant expenses. 3. The consultant shall fax a draft copy of the status report and bill to the LOCAL GOVERNMENT Project Manager and TxDOT's Consultant Contract Administration Project Manager. The Project managers shall review the status report and bill to confirm that they agree on the consultant's progress. 4. If the Project managers agree on the bill, the LOCAL GOVERNMENT Project Manager shall contact the consultant to request a final status report and monthly bill to be submitted to the LOCAL GOVERNMENT for payment. If the PROJECT managers disagree on the bill, the LOCAL GOVERNMENT Project Manager shall request that the consultant revise and resubmit the bill. 5. The LOCAL GOVERNMENT shall receive and pay the consultant's monthly bill. 6. The LOCAL GOVERNMENT submits the consultant's bill to TxDOT and request reimbursement for a percentage of the consultant's bill. Request for reimbursement from the LOCAL GOVERNMENT to TxDOT shall include proof that the LOCAL GOVERNMENT has paid the consultant. Proof of payment can take the form of a copy of a cancelled check (from the LOCAL GOVERNMENT to the consultant), a notarized statement from the LOCAL GOVERNMENT stating that they have paid the consultant or a notarized statement from the consultant stating that they have been paid. 7. Do not send a request for reimbursement to the TxDOT Consultant Contract Project Manager. The LOCAL GOVERNMENT bill for reimbursement must be sent directly to the TxDOT, Houston District Accounting Section, and Attention Mr. Brian Hohle. The address is: MR BRIAN HOHLE, ACCOUNTING SECTION TEXAS DEPARTMENT OF TRANSPORTATION PO BOX 1386 HOUSTON TX 77251-1386 8. The LOCAL GOVERNMENT request for reimbursement is processed by TxDOT, Houston District Accounting Office, and paid within thirty days of the signature date that appears on TxDOT Form 132. 9. For the bill, the LOCAL GOVERNMENT vendor identification number is: 17460015526000. 10. For the bill, the TxDOT Miscellaneous Contract Number is: 12-2XXF6011. Page 20 of 32 ""U It o III - CD ""U III 3 en III ~ c.. o CD III ~ c.. CD .., en - o .., e I\:) I\:) en III () (J -00- 00 c.... , CD .. ~ 0 " encoC :0 ....L C o I}'~ III -.....J - c.. ....L ~ I ' m-.....J..... x co - ;::;:enn -.a "tI :D o c.. m)> t..J "tI ~ ~ Sl)c- .(0 mO (1)~~ ...,1,)>3: o-m -I'z .I:loen~ ~m m m ~ - en - t ~ ,~ ~'I ~L. ... ' ..I .4:--_: ~ ;'.-; ~ a , ..""'" ... .... -- -"" I ""0 t:.; 00 (1) t-..> o ......, W tv ...__-.._~--- -- 225 @ Battlegrollnd Road S.H. Existing Date Palllls, -0 . ~ o I3l - CD -0 I3l 3 Ul I3l ::J C. o CD I3l ::J C. CD ..., Ul - o ..., - I\) I\) 01 I3l 0 (j -C/)- C/) c.... "1 CD .. ::J 0 1\ (J) co C JJ ...... C o ~~ I3l -....J - C. ...... + I ... m-....J- x co - ;::+01n ""C ::D o c.. m)> ""C~~ l3lC)> c.c m 0 C'D-t::I: 1\))>3: o-m _IZ oI::aen-t ::I:m m m -t - en - ,t,f .J - - Existillg Date Pa.lll1s & Crepe Myrtles S.I-I. 2,25 @ Battlegroll11d Road . .F - ;f-.... ....... .. . I L . I L-_ ""0 ~ (JQ (l,) N N o .....,., UJ N "U , ~ o III - <D "U III 3 Ul III :J a. o <D III :J a. <D ..... Ul - o . I\) I\) 01 III () (J -(f)- g'!=-:-' :Jol\ UlCOC :II ...... C o I}>~ III "'..J - a. ...... + I ... m "'..J'- x co - ;::;:01n '"C ::c o c.. m)> ;to '"C ~ ~ .. D) )> " (Q Co '._ _" .......7'_ (I) m ~ ~...~~,"...:' ,.., ""i -.., .' ":,. -)> s: .,''/ . 0 - m . _i"Z _'_ ~........... ~ en ""i ~m m m ""i - en - , . ..... ~-ll._~~ - .-/".... . - ,. ......- ...... . . "- .. 1t:. ~t..~.;,:-" ~ :" li '.. ,,;-:::-- . ." ~ . ' \"" '. '":.; "':!\:.-. ~.. .,,~.~"~' ."!" ... f''' ,... 'i: \' "{."". ' '..V-t. ..... .1.: - . ,,- - . ~,'~, ~'._~;""" . o+.~.~'~ "I. . .. ,:v.(,..>l~"~; "' ......... ,"f.t'l! ~ t~.. ' .' ',,~':'~:~4' - ""0 ~ {Jq (l) N lJ.l o ......., lJ.l 10 225 S.H.. --- ... ,~~ " "j ...-....-.... ~;'1 .... '. ... ," - "'---.,-.~, ... 'r ' ! . - I --~~ - ."-~ ,''''" - ..........-........ \ " ' I · .. ~L.-,.. . _ ., J -...:::; .. _ v:. . ......, east side: of Battlegrolmd Road Myrtles, >, l..--___ __ Existil1g Crepe . . "?( ~!.. ,~, \J It :-!' CJ l>> .... CD \J l>> 3 CJ) l>> ::J c.. o CD l>> ::J c.. CD W - o . I\) I\) 01 l>> 0 (j .... (J) - ~!7' ::J 0 1\ CJ) CD c JJ~c o ~~ l>> -.....I - c.. ~ -'= I .... m-.....l...... x CD - ;::;:01n "'0 :D o c.. ~~ "tl-t)> =00 CJ'Q m ~ :'-t3: o)>m """'r-z .a:.en-t ~m m ~ - en - Pr01Josecl,Planting PlanJN.TS.) S.l:-[ 225 at Sens Road ( I vplcal) S.T.E.P. N-olnination Project 1 City of La Porte TUlle. 2001 Legend, )P:?,ttc Palnr{Phoe~i~ J.)actylifc,ra)' ~ (:Yleaiu.lcr.(Hcr:ili.m) Bed 8 "'0 p.: Oq (ll N +:- o ......., w Iv e e STP 2002(147)TE CSJ: 0$12-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit , ATTACHMENT F RIGHT OF WAY IDENTIFICATION & AUTHORIZATION Page t of 2 The image below (XIII. PROPERTY ACQUISITION INFORMATION) was taken from the original Nomination Form - 2001 Statewide Transportation Enhancement Program (2001 STEP) for the subject project (Date Palms and Oleanders for SH 225 at Sens Road Exit). XIII. PROPERTY ACQUISITION INFORMATION Will Prope'rty be acquired for the project? DYES [;gI NO If yes, provide a written statement from the current property owner stating their willingness to sell, lease or donate the property, the fair market value, and a description of the property. Who owns 'the property? Texas Department of Transportation Describe how the property is to be acquired (through purchase, lease or donation), including estimated current fair market value and proposed funding arrangements, if applicable. The entire project is proposed within roadway right-of-way owned by the Texas Department of Transportation (TxDOT). The City has discussed the project with TxDOT and there appears to be no objection to the project nomination; however, TxDOT requested that the City of La Porte put our request: in writing. Attached to the Nomination Foim- 2001 Statewide Transportation Enhancement Program is a copy of the letter sent to TxDOT from the City of La Porte for this landscape project (See ATTACHMENT "C"). During the, review process the City of La Porte received a letter from TxDOT, dated July 17, 20OQ" responding to the City's request to propose landscaping on SH 225. The image on the following page (ATTACHMENT F, Page 2 of 2) is the letter from TxDOT, for the proposed subject proj~ct nomination in the 2001 STEP. Page 25 of 32 ..'.' e' e STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms cHid Oleanders for SH 225 at Sens Road Exit ATTACHMENT F RIGHT OF WAY IDENTIFICATION & AUTHORIZATION Page 2 of 2 * .I Texas Department of Transportation P.O. BOX 1386. HOUSTON, TEXAS 77251-1386. (713) 802-5000 July 17,2001 Galveston County 2001 Statewide Transportation Enhancement Program ' Project Nomination: Date Palm and Oleanders for SH 225 at Sens Road Exit CONTACT: DPD Mr. Stephen Barr Parks &. Recreation Department City of La Porte P. O. Box 1115 I La Porte, Texas 77572-1115 Dear Mr. Barr: I ' We have received your request for Texas Department of Transportation (TxDOT) approval to utilize State right-of-way' as identified ,in your Statewide Transportation Enhancement' Program , (2001 S:TEP) nomination. TxD01' offers no objection to the City of La Porte's 2001 STEP landscape project at the subject location; however, final approval is subject to TxDOT District review of the 'plans and the execution of a Landscape Maintenance Agreement. All plans must be prepared in accordance with th~ roadway specifications outlined in the TxDOT Roadway Design Manual and the landscape guidelines outlined in the TxDOT Houston District Green Ribbon Project. It will be necessai-y to identify the existing and proposed utilities as part of the project nomination. Should :you have any questions or need additional information, please contact Ms. Teri Kaplan- Heacock, Houston District Enhancement Coordinator, at (713) 802-5810. SCANNED Kfr' JUL J n. 2001 PROJECT DEVELOPMENT SECTION ~ ames G. Darden, P.E. Director of Project Development Houston District TK.H:vkb cc: Ms. Teri Kaplan-Heacock be: Mr. Dana Cote, RLA Page 26 of 32 e e STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens' Road Exit ATTACHMENT G TRANSPORTATION IMPROVEMENT PROGRAM INCLUSION Page 1 of 6 Houston-Galveston Area Council PO Box 22n7' 3555 Tlmmons . Houston, Texas 772Z1.2m. 7131627-3200 June 11,2001 Mr. Stephen L. Barr Director of Pam and Recreation Dept City of LaPorte 1322 S. Broadway' LaPorte, Texas 77571 Re: 2001 S~ Transportation Enhancements Program . Letter of Intent for TIP Placement Dear Mr. Barr: The Houston-Galveston Area Council (H-GAC), in its role as the Metropolitan, Planning Organization (MPO) for the Houston-Galveston Transportation Management Area (TMA), has , reviewed your agency's submission for the proposed: , , 1) Date Palms and Oleanders for SJI. 225 at Sens Road Exit project; and 2) Restore Traffic Roundabout and Common Areas at 5 points Intersection, SH 146 (Business). We are pleased to infonn'you'that, if selected for fwtding by the Texas tran~rtation Commission, the MPO will include these projects in the Metropolitan Transportation Plan (MJ'P) and the Transportation Improvement Program (TIP) for the TMA. In accordance with Section XVIII of the Nomination Fenn for the 2001 Program Call, please attach this letter to yoUr completed form clearly labeled as c'Intent for TIP Placement". Please remember that an original and ten copies of the Nomination Form are due to the Texas Department of Transportation (TxDOT) District Office by 5:00 P Mo, June 18. 2001. H you have any questions regarding this transmission, please contact Mr. Rick Beverlin, Sr. Transportation Planner at (713) 993-2456. S~cerely, ~e~ Alan C. Clark MFO Director cc:' Ms. Ten Kaplan, TxDOT Page 27 of 32 e e STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms ahd Oleanders for SH 225 at Sens Road Exit ATTACHMENT G TRANSPORTATION IMPROVEMENT PROGRAM INCLUSION Page 2 of 6 2000-2002 TRANSPORT A TION IMPROVEMENT PROGRAM AMENDMENT District: Houston Type of Amen~ment: Administrative TPC x STIP Revision x , Program: CMAQ STP X TRANSIT OTHER Highway: See attached table TIP Number: CSJ: See attached table Limits: See attached table Type of Work: See attached table Requested Amendment: Amend the projects listed in the attached table into the 2002-2004 Transportation Improvement Program. ' 2000-2002 TIP ,Amendment Number: I 91 Approved By: ~~. Alan Clark MPO Director Houston-GalvestQn Area Council, ~--k1)d Tom Reid Secretary Transportation Policy Council 51>>. /c~ ,- ~t't./,~~ ')r'~7'c1Z- Carol W. Nixon, P .E. Date Director of District Transportation Planning TxDOT, Houston District Date ~l~~2 . Page 28 of 32 e e STP 2002(147)TE , CSJ: 0912-71-795 Project: Date Palms ahd bleanders for SH 225 at Sens Road Exit ATTACHMENT G TRANSPORTATION IMPROVEMENT PROGRAM INCLUSION Page 3 of 6 PAGE I, 03/04/02 2002-2004 TRANSPORTATION IMPROVEMENT PROGRAM AMENDMENT 91 HOUSTON-GALVESTON MPO ORIGINAL FY 2003 CSJ NAME OR DESIGNATION APPN CAT I COST 1 FEDERAL PROJ ID DlSTRICT LOCATION (FROM) APPN CAT 2 COST 2 STATE LET DATE COUNTY LOCATION (TO) APPN CA T3 COST 3 LOCAL RVN DATE CITY DESCRIPTION OF WORK APPN CAT 4 COST 4 LCL CONTRIB PHASE COMMENTS TOTAL FY 2003 I' I I I FY 2004 I: I I I AMENDED FY 2003 CSJ NAME OR DESIGNATION APPN CAT I COST 1 FEDERAL PROJ ID DlSTRICT LOCATION (FROM) APPN CAT 2 COST 2 STATE LET DA1E COUNTY LOCATION (TO) APPN CAT 3 COST 3 LOCAL RVN DA1E CITY DESCRIPTION OF WORK APPN CAT 4 COST 4 LCL CONTRIB PHASE COMMENTS TOTAL 0912-31-137 :CS STP-ENH SI.329,318 SI.049.462 Hou.aO.S03 HOUSTON VICTORIA ST SO $0 0812003 BRAZORIA SH 36 AT SH 288 SO S279,8S6 OTHER ,LANDSCAPE so $69,96S C.E,R SH 288 BEAUTIFICATION IN FREEPORT 49 STP.ENHANCEMENTS SI.399.282 0912-71-794 CS STP-ENH S670,370 $469,259 HOU.HAo516 HOUSTON W OF ACADEMY ST sa so 0812003 HARRIS ,E OF EDLOE ST ON BELLAlRE BL YO sa SI34,074 OlliER ,LANDSCAPE so $67.037 C.E.R BELLAlRE BOULEVARD BEAUTIFICATION IN 49 STP.ENHANCEMENTS S670,370 :SOUTHSIDE PLACE 0912-71-795 CS STP-ENH s228.a10 S182.408 HOU.HA.S 18 HOUSTON SENS RD EB EXIT RAMP SO so 0812003 HARRIS WB EXIT RAMP ON SH 225 so S45,602 OTHER LANDSCAPE so' - ,sa C.E.R DATE PALMS AND OLEANDERS IN LA PORTE 49 STP.ENHANCEMENTS S228,010 0912-71.796 CS STP.ENH S917,880 S734,304 HOU.HA.S20 HOUSTON ,NASSAU BAY DR so so 08l20a3 HARRIS SAINT JOHNS BLVD ON NASA 1 so S183,576 OTHER LANDSCAPE so sa C,E.R 'NASA PARKWAY SCENIC BEAUTIFICATION IN 49 STP-ENHANCEMENTS S917,88a NASSAU BAY 0912-71.798 CS STP-ENH S2,708,340 S2. 1 66,67,2 HOU.HA.S24 HOUSTON 1ELEPHONE RD TO IH lOON US 90A AND SO so 0812003 HARRIS CHARTRES ST TO BROADWAY ON HARRISBURG SO S54 1 ,668 OTHER LANDSCAPE SO so C,E.R HOUSTON EAST END STREETSCAPES - GREATER EAST 48 STP-ENHANCEMEIITS S2,708,340 'END MANAGEMENT DISTRICT 0912.71.802 CS STP.ENH SI,960,821 S 1.568.657 HOU.HA.S28 HOUSTON' SH 288 so so 0812003 HARRIS MYKA WARD ON OST AND GRIGGS RD so S392,164 OlliER LANDSCAPE so SO C,E.R LANDSCAPE. OST/ALMEDA CORRIDORS 48 STP-ENHANCEMEIITS SI.960,821 REDEVELOPMENT AUTHORITY IN HOUSTON 0912.71.804 CS STP-ENH S2,532,420 $2,02S.936 HOU.HA.529 HOUSTON TELEPHONE RD TO SH 35 ON IH 610 SAND so $0 01112003 HARRIS IH 610 S TO WINKLER DR ON REVEILLE so SS06.484 OTHER LANDSCAPE so SO C,E,R ,GULFGATE FREEWAY - TlRZ 8 & GULFGATE 48 STP-ENHANCEMENTS S2.S32,4~0 , REDEVELOPMENT AUTHORITY IN CITY OF HOUSTON Page 29 of 32 e e STP 2002(147)TE CSJ: 0912-71-795 Project-Date Palms arid Oleanders for SH 225 at Sens Road Exit ATTACHMENT G TRANSPORTATION IMPROVEMENT PROGRAM INCLUSION Page 4 of 6 PAGE 2 03/04/02 2002-2004 TRANSPORT A TION IMPROVEMENT PROGRAM AMENDMENT 91 HOUSTON-GALVESTON MPO AMENDED FY 2003 CSJ NAME OR DESIGNATION APPN CAT I COST l FEDERAL PROJ ID DISTRICT ~OCA TION (FROM) APPN CAT 2 COST 2 STATE LET DATE COUNTY LOCATION (TO) APPN CAT 3 COST 3 LOCAL RVN DATE CITY DESCRIPTION OF WORK APPN CAT 4 COST 4 LCL CONTRIB PHASE COMMENTS TOTAL 0912-71-806 CR STP-ENH SI.881.120 SI.098.010 HOU.HA.534 HOUSTON HARDY TOLL RD 50 SO 0812003 HARRIS JOHN F KENNEDY BLVD 50 5376,224 OTIfER ~DSCAPE 50 S406.886 C.E,R' HARDY TOLL RD AIRPORT CONNECTOR 48 STP-ENHANCEMENTS 51,881.1'20 ENHANCEMENT- HCTRA, NORTH HOUSTON ASSOCIATION &. TREES FOR HOUSTON AMENDED FY 2004 CSJ NAME OR DESIGNA nON APPN CAT I COST I FEDERAL PROJ ID DISTRICT LOCATION (FROM) APPN CAT Z COST 2 STATE LET DATE COUNTY LOCATION (TO) APPN CAT 3 COSTJ LOCAL RVNDATE CITY DESCRIPTION OF WORK APPN CAT 4 COST 4 LCL CONTRIB PHASE COMMENTS TOTAL 091Z-7H93 cs STP-ENH 51,342.998 51.074,398 HOU.HA.513 HOUSTON BURKFlCRENSHAW PARK 50 SO 0812004 HARRIS STRAWBERRY PARK ON VINCE BAYOU SO S268600 OTHER lZ' WIDE CONCRETE SHARED USE PATH so SO C.E.R VINCE BA YOU PEDESTRIAN AND BICYCLE TRAIL IN 48 S11'-ENHANCEMENTS 51.342.998 PASADENA 0912-71-797 CR STP-ENH S2.895.038 52,316.030 HOU.HA.523 HOUSTON GEARS RD so 'so 0812004 HARRIS BRADFIELD PARK ON S BANK OF GREENS BAYOU so 579.008 OTHER 12' WIDE CONCRETE SHARED USE PATH SO 'so C,E.R GREENS BAYOU TRAIL SYSTEM IN GREATER 48 STP-ENHANCEMENTS S2.895.038 GRF.ENSPOINT MANAGEMENT DISTRICT , , , , 0912-71-799 CS STP.ENH S3,761.261 S3 ,009,009 HOU.HA.ns HOUSTON BAKERST so so 0812004 HARRIS NORTH YORK ST ON N BANK OF BUFFALO BAYOU SO S752,252 OTIfER 12' WIDE CONCRETE SHARED USE PATH so SO C,E.R BUFFALO BAYOU HERITAGE CORRIDOR SHARED 48 STP-ENHANCEMENTS S3.761.261 USE TRAIL IN HOUSTON 0912-71-800 CS STP-ENH SI.140.810 S912.648 HOU.HA.526 HOUSTON CAVALCADE so so 0812004 HARRIS SYLVESTER ST ON LITTLE WHITE OAK BAYOU so S228.162 OTHER 12' WIDE CONCRETE SHARED USE PATH so so C,E.R PHASE I SHARED USE PATH-TREES FOR HOUSTON IN 48 STP.ENHANCEMENTS SI.140.810 CITY OF HOUSTON 0912-71-801 CS STP-ENH S883.784 S707.027 HOU.HA.S27 HOUSTON POLK ST TO WALKER ST AND BASTROP ST so so 0812004 HARRIS TEXAS A VENUE ON MOPAC RR so S 176.'m OTHER 12' CONCRETE PATH WITH S' BIKE LANE so so C,E,R COLUMBIA TAP - UNION STATION TRAIL IN CITY OF 48 STP-ENHANCEMENTS S883.784 HOUSTON 0912-71-803 CS STP-ENH S4.9O \,088 S3.920,870 HOU.HA.530 HOUSTON DEERWOOD TO WESTHEIMER E OF HCFCD DITCH so so 0812004 HARRIS W IS7 TO S BANK OF HCFCD DITCH D 124 so S980,218 OTIfER 12' WIDE CONCRETE SHARED USE PATH so so C,E,R THE WESTCHASE DISTRICT TRAIL - NORTH-CITY OF 48 STP.ENHANCEMENTS $4.901.088 HOUSTON & THE WESTCHASE MANAGEMENT DISTRICT IN HOUSTON Page 30 of 32 It e STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit ATTACHMENT G TRANSPORTATION IMPROVEMENT PROGRAM INCLUSION Page 5 of 6 PAGE 3 02128/02 2002-2004 TRANSPORT A TIONIMPROVEMENT PROGRAM AMENDMENT 91 HOUSTON-GAL VEST ON MPO AMENDED FY 2004 CSJ NAME OR DESIGl'lA TION APPN CAT I COST 1 FEDERAL PROJ ID DISTRlCf LOCA nON (FROM) APPN CAT 2 COST 2 , STATE LET DATE COUNTY LOCATION (TO) APPN CAT 3 COST 3 LOCAL RVN DATE CITY DESCRIPTION OF WpRK APPN CAT 4 COST 4 LCL CONTRIB PHASE COMMENTS TOTAL 0912-71-805 CS STP-ENH S2.499,300 SI,999,440 HOU.HA.533 HOUSTON HERMANN PK THE GOLF COURSE PERIMETER PATH so SO 08/2004 HARRlS CONNECTIONS SO $499.860 OTHER 8' TO 16' WIDE SHARED USE PATH so SO C,E,R HERMANN PARK. TRAIL IMPROVEMENTS-FRIENDS 48 STP.ENHANCEMENTS S2,499,3OO OF HERMANN PARK IN HOUSTON 0912-71-807 CR STP-ENH S2,25 1,098 SI,8oo,878 HOU.HA.538 HOUSTON S BANK OF WHITE OAK BAYOU SO SO 08/2004 HARRIS W BANK OF HCFCD DITCH; US 290 S TO METRO SO S450.220 OlliER 12' WIDE CONCRETE SHARED USE PATH so so C,E.R JERSEY VILLAGE-WHITE OAK BAYOU TRANSIT 48 STP-ENHANCEMENTS $1,251,098 CONNECTION TRAIL.HARRlS COUNTY PRECINCf 4 0912-71-808 CR STP.ENH S2,708.036 S2,I66,429 HOU.HA.541 HOUSTON ARMARANTH RD so SO 08/2004 HARRIS 0:2 MI E OF GREENHOUSE ON MAYDE CREEK SO S541,607 OlliER 12' WIDE CONCRETE SHARED USE PATH so SO C,E.R SOUTH MAYDE CREEK PEDESTRIAN AND BICYCLE 48 STP-ENHANCEMENTS S2,708.036 FACILITY-HARRIS COUNTY PRECINCf 3 0912-71-809 CR STP-ENH S3,960,000 S2,81 J ,600 HOU.HA.S43 HOUSTON SAN JACINTO ST, FRANKLIN ST, AUSTIN ST SO so 08/2004 HARRIS CONGRESS ST (AN ENTIRE BLOCK DOWNTOWN) SO S792,000 OlliER LANDSCAPE & PEDESTRlANIBICYCLE PATH SO S356.4OO C.E,R HARRIS COUNTY TRANSPORT A TION PLAZA-HARRIS 48 STP-ENHANCEMENTS S3,960,000 COUNTY INFRASTRUCTURE 0912-71-810 CR STP-ENH S4,253,640 S3,402,912 HOU.HA.S44 HOUSTON W OF VISTA RD SO so 08/2004 HARRIS IN SAN JACINTO BATTLEGROUND STATE PARK SO S850.728 OlliER VISITOR CENTER so SO C,E.R SAN JACINTO BAlTLEGROUND VISITOR 48 STP-ENHANCEMENTS S4.253.640 INFORMATION CENTER-TEXAS PARKS AND WILDLIFE DEPARTMENT 0912-37-142 CR STP.ENH S2.280,OOO S 1.824,000 HOU.HA.546 HOUSTON TURNING BASIN ON WOODLANDS WATERWAY SO , SO 08/2004 MONTGOMERY LAKE ROBBINS (NEAR IH 45) SO S456,000 OlliER 12' WIDE CONCRETE SHARED USE PATH so SO C,E,R THE WOODLANDS TOWN CENTER PEDESTRIAN 48 STP-ENHANCEMENTS S2,280,OOO CORRlDOR - SOUTH SIDE-THE BRAZOS TRANSIT DlSTRICf & TIlE WOODLANDS OPERATING COMPANY Page 31 of32 I (;.. ' t. '.. e e STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit ATTACHMENT G TRANSPORTATION IMPROVEMENT PROGRAM INCLUSION Page 6 of 6 tsnlufinu ADOPTING AMENDMENTS TO THE 2022 METROPOW'AN TRANSPORTATION PLAN (MTP) UPDATE AND THE 2002-2004 TRANSPORTATION IMPROVEMENT PROGRAM (TIP) FOR THE HOUSTON-GAL VESTON TRANSPORTATION MANAGEMENT AREA: WHEREAS, the 2022 Metropolitan Transportation Plan Update was adopted by the Transportation Policy Council on March 22, 2002; and WHEREAS, the 2002-2004 Transportation Improvement Program for the Houston-,Galveston Transportation Management Area was originally approved by the Transportation Policy Council on May 18,2001, and was subsequently updated on March 22, 2002. in conjunction with the adoption of the 2022 Metropolitan Transportation Plan Update and its air quality confonnity finding WHEREAS, it has become necessary to amend the 2022 Metropolitan Transportation Plan Update and the 2002-2004 Transportation Improvement Program as detailed in 2002-2004 TIP Amendments 87-93. WHEREAS, the proposed revisions, to the 2002-2004 Transportation Improvement Program are consistent with the 2022 Metropolitan Transportation Plan Update and its finding of conformance with the State :Implementation Plan for air quality. NOW, THEREFORE, BE IT RESOLVED BY THE TRANSPORTATION POllCY COUNCIL FOR THE HOUSTON-GALVESTON TRANSPORTATION MANAGEMENT AREA THAT THE 2022 , METROPOW'AN TRANSPORTATION PIAN UPDATE AND THE 2002-2004 TRANSPORTATION IMPROVEMENT PROGRAM BE AMENDED TO REFLECf THE REVISIONS IDENTIFIED IN 2002- 2004 TIP AMENDMENTS 87-93. PASSED AND APPROVED this 220d day of March 2002, at a regularly called meeting of the Transportation Policy Council. , , APPROVED: ATTEST: (~~ RObert Eckels, hairman Transportation Policy Council .') 4',.. ~'m 1 (fy' Tom Reid, Secretary Transportation Policy Council Page 32 of 32 e e e e RE UEST FOR CITY COUNCIL AGENDA ITEM Stephen L. Barr , Appropriation Agenda Date Requested: Requested By: N/A Department: Account Number: NIl\. Re ort: Resolution: X Ordinance: Amount Budgeted: N/A Exhibits: Resolution No. 2002- Amount Requested: N/A Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION In acceptance of the Texas Department of Transportation, Statewide Transportation Program (TxDOT STEP) for beautification of SH 225 at the Sens Road intersection, TxDOT is asking the City of La Porte to follow certain policies and procedures for the selection of engineering and architectural consultants for projects awarded federal funding. These policies and procedures are outlined in the accompanying Resolution and are very similar to those currently followed by the City of La Porte. Staff has reviewed these proposed policies and procedures and has determined that they will not cause undue problems in the administration of the City's share of the project. Action Reauired bv Council: Consider approval of a Resolution committing the City to follow certain policies and procedures for the selection of engineering and architectural consultants for projects awarded federal funding, as outlined in the Resolution. Approved for City Council A2enda QL T t\~ Robert T. Herrera, City Manager (0-1 ~'l> 1... Date e . RESOLUTION NO. 2002 - ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ESTABLISHING POLICIES AND PROCEDURES FOR THE SELECTION Of ENGINEERING AND ARCHITECTURAL CONSULTANTS FOR PROJECTS AWARDED FEDERAL FUNDING AND ADMINISTERED THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT); FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Department of Transportation (TxDOT) administers federal funding awarded projects through the Statewide Transportation Enhancement Program and the congestion mitigation for air quality program within the State of Texas; and WHEREAS, cost reimbursement program funding has been awarded to the City for the project identified as "Date Palms and Oleanders for SH 225 at Sens Road" (CSJ 0912-71-795); and WHEREAS, TxDOT'S administrative process requires the City to establish specific procedures for the selection of consultants, including engineers and architects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: SECTION 1. The City Council of the City of La Porte finds and determines that the premises hereof are true and correct. SECTION 2. The procedures set forth herein shall be followed by the City of La Porte, Texas for the selection of consultants (engineers, architects, etc.) for projects awarded federal funding administered by the Texas Department of Transportation. Page 1 of 3 e e Procedures and Responsibilities i. Authorize advertisement for Professional Services/Qualifications ii. Prior to advertising, develop the scope of work to be accomplished and an estimate of the anticipated fee (for comparison during the negotiation process). A notice of the solicitation for Professional Services will be published in the official newspaper of the City, and the Houston Chronicle. The first day of publication shall occur no less than fourteen (14) days before the date the Proposals/Qualifications are opened. iii. Provide Proposal Packets to all interested Engineers/Architects and maintain a log of recipients. Inform potential providers that, if selected, they will be required to fill out Debarment, Lower Tier Debarment and Lobbying Certifications per TxDOT requirements. Also inform potential providers of the requirement for a 15% Disadvantaged Business Enterprise goal. iv. Proposals are to be received in the City Secretary's office, 604 W. 'Fairmont Parkway, La Porte, Texas in sealed envelopes marked with the assigned Proposal number. Publicly receive and record the submission of requested Proposals, including the time and date proposals are received. v. Open the Proposals in the City of La Porte Council Chambers on the date and time specified in the notice. vi. The Parks & Recreation Director or his designee shall evaluate the Proposals/Qualifications and make recommendations to City Council. The criteria used to evaluate the proposals shall be: ' 1. Similar Work Experience 2. Present Work Load 3. Past Performance with TxDOT 4. Staffing Capabilities 5. Qualifications of individual staff members proposed for project. VII. The City of La Porte will request a pre-negotiation audit by TxDOT of providers' books prior to contract execution. Contract will be Lump Sum or Cost Plus Fixed Fee. The contract for design will not be a percentage of construction cost. The. Design Contract and scope of work will be reviewed and approved by TxDOT before execution by the city. Provider will be required to submit Debarment, Lower Tier Debarment and Lobbying Certifications upon contract execution. viii. The City of La Porte will monitor the contract for design in conjunction with TxDOT. TxDOT will assign a permanent Project Manager. The Parks & Recreation Director or his designee will be Project Manager for the City. TxDOT and the City will schedule meetings, verify work completed, and review costs. The City will pay the provider and request reimbursement from TxDOT. TxDOT and the City will jointly approve and process contract amendments for additional time, changes in scope and additional costs. The City and TxDOT will mutually provide an evaluation of the provider's work. The City and TxDOT will cooperatively determine responsibility for errors or omissions and settle all contractual or administrative issues. Page 2 of 3 e e 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 is posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Chapter 551, Ix. Govt. 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 SECTION 4. This Resolution shall be effective from the date of its passage and approval, and it is so ordered. PASSED, APPROVED AND ADOPTED THIS THE ~th day of JUNE 2002. ATTEST: 'ii!li dAJi(J~ ~!Jl/ Marth Gillett, City Secretary Knox W. Askins, City Attorney Page 3 of 3 e e, e e RE UEST FOR CITY COUNCIL AGENDA ITEM Stephen L Barr Appropriation Agenda Date Requested: Requested By: Fund 008 Department: Account Number: 008-0804J;l.c;n Re ort: Resolution: Ordinance: X Amount Budgeted: $69,000 Exhibits: Ordinance No. 2002- Amount Requested: $67,671.85 Exhibits: Harris County Bid Documents Budgeted Item: YES X NO Exhibits: SUMMARY & RECOMMENDATION Shortly before the City of La Porte FY 00-01 budget was implemented, Harris County informed the City that it was planning to resurface the three major parking lots at Sylvan Beach Park, The City's lease agreement with Harris County for the Sylvan Beach Pavilion calls for the City to pay for one-half of the cost of repaving the upper parking lot that services the pavilion. County estimates for the cost of repaving were budgeted in the FY 00-01 Capital Improvement Budget to cover this anticipated cost. Harris County is now ready to pave the parking lots and is asking the City to pay $56,158.85 for its share of the paving costs, In addition to the upper parking lot, the roadway leading from the upper parking lot to the underside of the Pavilion is also in need of paving. The County Engineering Department has given the City the cost of paving this area as well as the parking lots, in the amount of $11,518,00, Funds for this additional cost are available in the account because the County's contract award was substantially lower than its original estimates for the project. Staff recommends that the City proceed with payment of its share of the paving costs for the upper lot as called for in its agreement with Harris County, and that the additional cost to pave the roadway leading under the pavilion also be approved. Action Required bv Council: Consider approval of an ordinance authorizing the payment of $67,671.85 to Harris County for one-half of paving costs for the upper parking lot at Sylvan Beach Park, and for paving the roadway leading from the upper parking lot to the underside of the pavilion, as provided for in the City of La PortelHarris County agreement for the operation of Sylvan Beach Pavilion, Approved for City Council Aeenda GLT.~ Robert T. Herrera, City Manager (t)~ r"l 'O'l..- Date e . ORDINANCE NO. 2002- ~5'~3 AN ORDINANCE APPROVING REIMBURSEMENT TO HARRIS COUNTY, FOR ONE-HALF (1/2) OF REPAVING COSTS AT THE UPPER PARKING LOT AT SYLVAN BEACH PAVILION, PLUS PAVING OF THE ROADWAY AREA, 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 of the City of La Porte has heretofore entered into a lease agreement with Harris County, under the terms of which agreement the City of La Porte is obligated to pay one-half (1/2) of the repaving costs at the upper parking lot at Sylvan Beach Pavilion. Harris County has awarded a bid for this repaving project, and the City of La Porte's one-half (1/2) portion of the cost is $56,158.85 plus $11,513.00 for Change Order No.1, for paving of the roadway area. The City Council of the City of La Porte hereby appropriates the sum of $67,671.85 for said project, and authorizes ,the payment of said funds to Harris County, for reimbursement of the City's portion of said project. Said funds are appropriated from City of La Porte Budget FYOO-01. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. e . ORDINANCE NO. 2002 - -;lS II) PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 24th day of June, 2002. By: CITY OF LA PORTE !L~~ Mayor ATTEST: ~ dA-J/ld) f! lidi/' Mart:. a A. illet, City Secretary AP~~/ Kno W. Askins, City Attorney FROM e (FRI) 6. 7' 02 9: 391 9: 39/NO, 4862113374 P 2 . ~I.{~~ HARRIS ,COUNTY PUBLIC INFRASTRUCTURE DEPARTMENT ENGINEERING DIVISION 1001 Preston Avenue Seventh Floor Houston, Texas 77002 (713) 755-5370 25 March 2002 ~ oPt (nik, CrPrr P rOj@c'T foldp( Honorab~e County Judge and Commissioners' Court Building Attt'ntlon: Com.ml$~iont'r Jim Fnntt."no SUBJECT: Recommendation by the County Engineer that Job 020050 for Acph:llt Overl:;;l.Y !U\d Dr:lin9.se ImproVem~tf: of P:.\I'ldng Lots 9.nd Roads in Sylvan Beach Park, Precinct 2, Request No. R086615 be awarded to Ped]<o Paving, lnc., in the amount of '$285,054.60; that the County Judge be. authorjzed to execute contracts on behaU of Harris County; that the County Engineer be authorized ' to accept and approve ,any required Performance and Payment Bonds on behalf of Harris County; and that the County Clerk be directed to file the accepted bid and approved Bonds in the records of Commissioners I Court Gentlemen: It is recommended that bids received on 26 February 2002 for Job 020050 be .awarded to Pedko Paving, Inc. The lowest bidder, Angel Brothers Enterprises, Ltd., dId not submiL l.he addendum COVe! ltLLer ur the auuemlwIl Li<.l ~heel~. DeLails of the recommendation by this office are listed below: I. The award be made to Pedko P.aving, Inc. as the responsible bidder submitting the best bid, in the amount of $285,O~4.60. , 2. The County Judge be authorized to. on behalf of' the County, execute the ' contract accepting the bid of Pedko Paving, Inc.. 3. The County Engineer be authorized to accept and approve any required Performance and Payment Bonds, on behalf of the County upon proper presentation by the Contractor on the County's prescribed forms, and h;\comr.1cl & bond\word\awanl\04022002 0200S0.dat FROM e (FRI) 6. 7' 02 9: 10. 9: 39/NO. 1862113371 P 3 Court Members -2- 25 March 2002 4. The County aerk be directed to file the accepted Bid to Commissioners' Court and approved bond(s) in the records of Commissioners' Court. In addition the County Clerk be directed to retwn one executed original and a copy. Sincerely, JF/lWja cc;' Commissioner Jim Fonteno, Pct.2 Elmo Wright. Pet. 2 Arthur L Storey, Jr., HCPID Deborah M. Vaughn, HCPID ' Robert Castille, HCPID ~ F. Ray Phillips"HCPID Jack Pepas, HCPID Frank Ma, HCPID Ravi Arora, HCPID Tom Vu, HCPID Jack Rodriguez, HCPID All Bidders Central File Agenda File ~+~ Jadde Freeman, P.E. Director h:\cQXltnlct & bond\word\a.warci\C4022002 020050.dot FROM e (FRI) 6. 7' 02 9: 401 9: 39/NO. 4862113374 P 4 e ~~N;?~;':~1!~~~m~T_"_"17'~1~7...m Robert Eckels 1:1 FrlUltO Lee Jim Fouteao Steve Ridaek Jury EvenGle County Judre CQltl1l1iuiollt!l'. /'ndna 1 r.1J_J~~,,". ~dlld:1 C"...u.'--. ~." J C"_~i-,",. l'rv<;J"a i No. 02.08 AGENDA Apri12, 2002 1:45 p.rn. Opening prayer by Pastor Curtis C'rrissett of Asbury United Methodist Church in Pasadena 1. Public Infrastructure Department a. Public Infrastructure b. Toll Ro~d Authority c. Flood Control District d. Engineering 2. Management Services J. CMtrAl Tcclwulu~'y 4. Facilities & Property Managculcnt 5. Public Health Services 6. Social Services 7. Library Services 8. Youth & Family Services 9. CU.l.Ll;Lablt:loi 10. Sheriff 11. Fire & Emergency Services I:.!. County Clerk 13.' District Clerk 14. County Attorney 15. District Attorney 16. Court Services 17. Justices of the Peace 18. Probate Courts 19~ District Courts 20. Cuurls uf Appeals 21. Fiscal Services & Purchasing a. Auditor b. Trc;~r C. Tax Assessor-COllector d. Purchasing' 22. COmmissioners Court a. CO\Ully Juugr; b. Commissioner, Precinct 1 c. Commissioner, Precinct 2- d. Commissioner. Precinct 3 e. Commissioner. Precinct 4 23, Miscellaneous . 24. Emergency items 25. Public Hearing 26. Appearances before court 27. Opening of bids and proposals 28. Executive Session 11u: QmmJi.s$Wller.1 Cuun muy ~u irutJ ~nve session, If nece.rsary, pursuant to chapter j5] of the Texas Government Code. for olle or more of the following reasons: (1) consultation wiJh the County Attorney to seek or receive legal advice or consultation regarding pending or contemplated IiligalitJn; (2) disCussion about the value Or 'transfer o/real property; (3) disG'W'Sion about a prospective gift or donation,' (4) consideration of .specific penonnel matters; (S) discussion ahout securily personnel or dev~es; or (6) discussitJn of certain eC01U)mic development It/(ltlen. The Commwioners Court may annOWlce tJrat it will. go ;1Ito (!:'((!(!litive 3(j!Uion on an)' itsm 1i4t~d on thi.9 agC11aa if the subject mallcr is permittea for a closed sessio" by provinons of chapter j 5/ of the Texas Government Code. FROM e (FRI) 6. 7' 02 9: 1 L. 9: 39/NO. 1862113371 p 5 Page ~ 7- d. Hubco, Inc., contractor fOf Westheimcr Parkway construction from Barker Reservoir Levee to FM 1093 and signa117Ation at PM 1093 in Precinct 3, resulting in an addition of$16,348 to the contract amount (27429). e. Infrastructw"e Services, Inc., contractor for West University Place pedestrian bridges over Poor Farm Ditch at Plum ~treet. Tangley Road. and Robinhood Street in Precinct 3, resulting in an addition of $3,500 to the contract amOlmt (27415). f. Kinsel Industries, Inc., contractor for Fry Road bridge over Cypress Creek in Precinct 3, resulting in an addition of $6,637 to the contract amount (27414). g. L.N. McKean, Inc., contractor for Binford Road bridge construction over Unit ' 1158-00-00, Kickapoo Creek in Precinct 3, adding 33 calendar days and resulting in an addition of$12,399 to the contract amount (27425). 5. Rccommclldativu fvr uulhumation to negotiate with: a. Richard Carter and Associates for engineering services for the design and evaluation of on-site sewage facilities ' and other small permit related projects for various county projects. b. Traffic Engineers, Inc., for c:.ub-meering service3 for the Katy comprehensive , traffic study in Precinct 3. c. Huitt-Zollars, Inc., for preliminary, design, and contract phase services for Barker-Cypress from south of Cypress Creek to north of Jarvis in Precinct 3. d Burk Kleinpeter, Inc.. for prelinllnary and design phase services for Memorial Drive from Dairy Ashford to Kirkwood in Precinct 3. e. Weisser Engineering Company for preliminary, design, and contract phase services for Barker Cypress from north of Jarvis to Spring Cypress in Precinct 3. @ ~eco~cndati~n for authorization to issue purchase orders for testing and ~ection semces to: . Geotest Engineering in the amount of $26,467 for asphalt overlay and drainage improvements of parking lots and roads at Sylvan Beach Park in Precinct 2. b. HBC Engineering in the amolmt of $47,996 for construction of Ella Boulevard from north of Spring-Cypress to south of Seals Gully in Precinct 4. 7. Reconunendation for deposit offunds received from: a. Ray Childress Auto Group in the amount of$15,161 [or refund of payment for a contract with HGAC. b. City of Pasadena in the amount of $7,267 for reimbursement for construction of Strawberry Road from Genoa Red Bluff Road to north of Hernandez Road in Precinct 2. c. City of Houston in the amount of $377.725 for reimbursement for drainage improvements in connection with the Forest Cove project in Precinct 4. ~'ROM e (FRI) 6. 7' 02 9: 11' 9: 39/NO. 1862113371 P 6 Page -8- 8. Recommendation for authorization for the COWlty Judge to execute agreements with: a. tlricker + Cannady Architects in the amount of $893,000 in connection with the Chimney Rock Center ~place1llellt, with accompanying parking. running track, and volleyball sandpit located within Rllmett Bayland Park. b. TEDSI Infrastructure Group, Inc., in the additional amount of $25,000 in connection with Westgreen Boulevard from IH-lO to Park Row Boulevard in Precinct 3 (amendment). 9. Recommendation that the award for installation of advance warning flashers or school zone flashers and related improvements for six months at various locations in Precinct 1 be made to Creacom, Inc., lowest and best bid in the amount of $79,466, and for appropriate officials to take necessary actions relating to the award. /?o). Recommendation that bids for clearing and grubbing East Harris. County Soccer o Complex in Precinct 2 be rejected and the project be readvertised. ~ Recommendation that the award for asphalt overlay and drainage improvCOlents of Q paddng lots and roads in Sylvan Beacb Park in Precinct 2 be made to Pedko Paving, Inc.. hest bid in the amount of $285,055, and for appropriate officials to l~e necessary actions relating to the award. 12. Recommendation that bids for improvements to Westheimer Parkway from east of Fry Road to Buffalo Bayou in Precinct 3 be rejected and the project readvertised at a later date. 13. Recommendation that a technical defect be waived and the award for signage and graphics for Barbara Bush Branch Library in Precinct 4 be made to Neon Electric Corporation, lowest bid in the amount of $41,489, and for appropriate officials to take necessary actions relating to the award. 14. Recommendation for authorization to renew a contract with Batterson, Inc., for striping of various roads in the Spring Camp area in Precinct 4 in the amount of $175,000, and for appropriate officials to take necessary actions relating to the contract. 15. Recommendation for authorization for the County Judge to execute :m agreement with the Texas Department of Transportation for construction of West Greens Road from SH 249 to Cutten Road in Precinct 4 in the amount of$15,000. 16. Recommendation for authorization for the C,ounty Judge to execute a joint participation agreement with Pulte of Texas, L.P., for construction of Ella Boulevard as it fronts CyPresswood Glen SUbdivision between Louetta Road and Spring- Cypress Road in Precinct 4. -- -- e - RE UEST FOR CITY COUNCIL AGENDA ITEM Stephen L. Barr Appropriation Agenda Date Requested: Requested By: ource of Funds: N/A Department: Parki & Recreation Account Number: N/A, Re ort: Resolution: Ordinance: X Amount Budgeted: N/A Exhibits: Ordinance No. 2002- Amount Requested: N/A Exhibits: Diaeram showin2 Benjamin Property Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION As you may recall Mr. Carl Benjamin purchased Lots 25-32, Block 1445 for the purpose of building a home. The property is adjacent to the Little Cedar Bayou Park, east of Broadway. Mr. Benjamin's property is adjacent to the "P" Street right-of-way on which the parking area is located for the Little Cedar Bayou Nature Trail. The property is zoned R-3 and is appropriate for single- family residential building, The "P" Street right-of-way was never closed as a part of the Little Cedar Bayou Park project. There are no paved streets that can serve as access to the Benjamin property. In addition, the small Nature Trail bridge over the ditch adjacent to the Park Street right- of-way was inadvertently built on what is now the northeast corner of Mr. Benjamin's property (see map). The City, with Council direction, purchased Lots 7 & 8 of Block 1445 to allow access for Mr, Benjamin to his property. Since the City needed only one of the lots for this project, Lot 8 was offered for sale through the Sealed Bid process, with a minimum bid at market value, which allowed to City to recover its costs for Lot 8. Mr. Benjamin was the successful bidder and Council has approved his purchase of Lot 8. This ordinance before you, will exchange Lot 7 for a portion of Lot 32 that contains the Nature Trail Bridge. Staff recommends that the ordinance be approved, This solution will meet Mr, Benjamin's needs in a way that is not disruptive to the park operation, that does maintain Mr. Benjamin's privacy, allows unimpeded access for emergency vehicles, and allows us to obtain the small bridge parcel at the northeast corner of Mr. Benjamin's property. Action Required bv Council: Consider approval of an ordinance conveying Lot 7, Block 1445 to Mr, & Mrs. Carl Benjamin in exchange for a portion of Lot 32, Block 1445, Town of La Porte, Approved for City Council A2enda GMT. ~ Robert T. Herrera, City Manager &y \ ~. 0 '"l..,; Date e e ORDINANCE NO. 2002 - ).)~f AN ORDINANCE APPROVING AN EXCHANGE OF CERTAIN REAL PROPERTY IN BLOCK 1445, TOWN OF LA PORTE, BETWEEN THE CITY OF LA PORTE AND CARL H. BENJAMIN AND WIFE, CAROLYN S. BENJAMIN, 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 of the City of La Porte hereby authorizes an exchange agreement, between the City of La Porte and Carl H. Benjamin and wife, Carolyn S. Benjamin, under the terms of which agreement Carl H. Benjamin and wife, Carolyn S. Benjamin, will convey to the City of La Porte by Special Warranty Deed, that certain 0.0151 acre tract of land, out of the northeast corner of Lot 32, Block 1445, Town of La Porte, in exchange for the City of La Porte conveying to Carl H. Benj amin and wife, Carolyn S. Benjamin, by Special Warranty Deed, Lot 7, Block 1445, Town of La Porte, Harris County, Texas. Section 2. 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 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 e e 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 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 24th day of June { 2002. CITY OF LA PORTE ~ By: Mayor ATTEST: idJ1dliiJ &, III 111 Marth A. Gille t City Secretary 2 u.s. Project ) Benjamin Property Access PARK ST. (60' R.O.W (UNIMPROVED) e e ".-,., 3: o c:i........ _ 0 oW -0> ~O .0:::: t-CL Cf) L' = z 9::) ~ t- if) <[ w t-olTCH _ 17 18 19 20 ~ I ~ ~ zl~ - 8,'11 cO -I..... z - :U z (/) W l- I- 0..1' 0 ffi '...J ~ I 21 22 23 30 I 29 I I 28 I I I I I I I I I I I I I I I I CARL BE NJAM I N LOTS 25-32, BLOCK 1445, TOWN OF LA. PORTE I I I I I I I I I I I I I : I I I I 'I ---~-DJTCH_______ T ~ I I 1 I I I I I I I I I I I I I I "'"": I JI 3: o fr: o co ~ t- Cf) 0... t- r (f), ....... tlEI! <[ ..,~....".,..."'''''''''''".., w I _.,..,..,...l.....pLc.."'''''' Ill'lJ ~ 0"""'''''' I ~ ~;:;. <t,..W1 TilS .",."" "'" TREi It' ,....... .1",J_lie s' "o.~i- 11''''' ". (D "....""'~1 ~ ...no....""" t. I .1I"~#4~T~ 6' ALLEY I ~ I ~ I z I -t Z ,0 z - z _ I wI'" W I J, a.. _ a.. _ , (/). (/) W I- W l- I ffi[Og ffi I 3 I :5 ~ <I 4 12 ,13 4 15 16 == oiL -" II ~I Z ZIN W - a.. 6- .(/) WIl- l- 0 a:: ...J W ~I 10 l'. ~ (/) ~ ~ rr. !II ci a:: W :L ..-I W > 5 :&,." "'ltrT'IOAJr. 1iQi ",~.L..~ I I \H ~"I'-1- I I ~ .......- a::-t .....,~'I& I I ,-'- 'Il'.' - l:..(/) ,~ HA.a.BE l!ef Z I- "'''''''"r r+-, I ~g "V4~ I ToG U-J I i I I 2 I 3 I 4 :-: n...l!, ::. ----I" W I~ i~" 0 ~n .," ~ ~' .. ~,,- .. iii o iUT~. ! I --- ) R.O.W. 20 ( f'RaI'.U1WII!' , ..call 1lIlI1. SOUTH BROADWAY .. , V-..._w- I ~ e e ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W, FAIRMONT PARKWAY P,O, BOX 1218 LA PORTE, TEXAS 77572-12/8 KNOX W, ASKINS JOHN Q, ARMSTRONG TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 CHARLES R, HUBER, JR, BOARD CERTIFIED - CIVIL TRIAL LAW TEXAS BOARD OF" LEGAL SPECIALIZATION CLARK T, ASKINS August 21, 2002 Ms. Martha Gillett City Secretary City of La Porte City Hall La Porte, Texas Re: City of La Porte Acquisition from Carl H. Benjamin Dear Martha: I enclose herewith original Special Warranty Deed dated June 26, 2002, from Carl H. Benjamin, to the City of La Porte, which was recorded on July 17, 2002, in the Harris County Clerk's office under Harris County Clerk's file No. V941986i and re-recorded to attach Exhibit "A", on August 6, 2002, under Harris County Clerk's File No. V988604. I also enclose copy of my letter to the Harris County Appraisal District, advising it of this purchase, and requesting that this property be placed on the tax rolls as exempt. y~ truly, t?;:. Askins . City Attorney City of La Porte KWA: sw Enclosures cc: Mr. John Joerns Acting City Manager City of La Porte Mr. Stephen Barr Director of Parks & Recreation City of La Porte e e ASKINS & ARMSTRONG. P. C. ATTORNEYS AT LAW 702 W, FAIRMONT PARKWAY P,O, BOX 121B LA PORTE, TEXAS 77572-1218 KNOX W, ASKINS JOHN D, ARMSTRONG TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 CHARLES R, HUBER, JR, BOARO CERTlnED . CIVIL TRIAL LAW TEXAS BOARD Of LEGAL SPECIALIZATION CLARK T, ASKINS August 21, 2002 Harris Cou ATTENTI P.O. x Hou y Appraisal District NAME/ADDRESS CHANGE 920975 TX 77292-0975 Re: See attached photocopy of deed. Dear Sir/Madam: I represent the City of La Porte, a municipal corporation, which has acquired the property described on the attached deed" dated June 26, 2002. Please render this property in the name of the City of La Porte, and place on the tax rolls as EXEMPT from taxation. Thank you for your cooperation in this matter. Yours very truly, Knox W. Askins City Attorney City of La Porte KWA: sw Enclosure cc: Ms. Katherine R. Powell Tax Department City of La Porte ~~ Martha A. Gillett ():~:y Secretary City of La Porte ~ I ~ ~, ~ r ~ OJ I ~j u) W;, .. @941986) · e V98860'l ~ 3007~J5 '.1941986 SPECIAL WARRANTY DEED .11.00~ "THIS DEED IS BEING RE-:-RECORDED TO ATTACH '"EXHIBIT '11:" " 08/06/02 201848202 V988604 $15.00 Hr Date: J://Je Z~ ,2002 Grantor: Carl H. Benjamin, joined herein pro forma by my wife, Carolyn S. Benjamin Mailing Address: P.O. Box 582, La Porte, TX 77572-0582 Grantee: City of La Porte, a municipal corporation /f:C Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Consideration: Ten and NO/100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements) : Being a 0.0151 tract of land out of the Northeast corner of Lot 32, Block 1445, Town of La Porte, Johnson Hunter Survey, A-35, Harris County, Texas, as more particularly described by metes and bounds and plat attached hereto as Exhibit "A". @ Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs" executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor but n~t otherwise, except as to the rese~tE~REe~Dand exceptlons to conveyance and warranty. 8:00 AM AUG .. 6 2002 ~<1/~J e e When the context requires, plural. singular nouns and pronouns /l~ L:tY Ii ~ Carl H. Benjamin include the , ..--- ;2dL ~ ~ ~~~~ Carolyn\ S. Benjami STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ ~ ~ ..0 ~ r l\. 00 I ~ ~ U1 This instrument was acknowledged before me on the ;?~ day of :J'\JV\.C!:.. 2002, by Carl H. Benjamin and wife, Carolyn S. Benjamin. ~ ~ Notary Public State of Texas lllE SALE RflfTAL OR USE OF llIE OESCRIBED REAl :=~~A~~E~ r~L~~ ~S~~T~ IIlVALIO AAD UNENfOActABLE UNDER F,OERAL l,\'Il, THE STATE OF TEXAS COUNTY Of' HARRIS MlIlFle\\Jlllll!~lIlIiIIldllu'lill'''rA ==:;::-:Il€~,~bCtil""'flo:lIIQIdRuiPlll!*lYolln CoII1ly, TOIIISOlI JUL 1 7 2002 ,0. ~::~ HARRIS COUNTY, TEXAS . AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: ASKINS & ARMSTRONG, P.C. P.O. Box 1218 La Porte, TX 77572-1218 ASKINS & ARMSTRONG, P.C. P.O. Box 1218 La Porte, TX 77572-1218 ,~ ~ ~, ~ I ~ I~ l ~ U1 (t) e, e METES AND BOUNDS DESCRIPTION 0.0151-ACRE TR~CT Out of BLOCK 1445, TOWN OF LA PORTE JOHNSON HUNTER SURVEY~ A-35 HARJUSCQUNTY,TEXAS Being a 0.0151 tractofland ou!ofNortheast corner oflot 32, Block 1445, Town of La Porte, Johnson D'. , Hunter Survey, A-35, Harris County, Texas; said property being shown on the' plat recorded in Volume 72, Page 4 of the Harris County Deed Records, The metes and bounds description described the survey 'performed by H. Carlos Smith, Engineers & Surveyors, Inc, in October 2001. The easement is more particularly' described by metes and bounds as follows: BEGINNING at a 5/S-inch iron rod with cap, found for the Northeast corner of Lot 32, Block 1445. Thence; coincident with the East boundary line of Block 1445 and the West right-of-way line of Park Avenue (based on a width of 60 feet); following a curve to the left in a southerly direction; said curve having a radius of 1245.77 feet, a central angle of 1 degree 13 minutes 22 seconds, a chord bearing of S Is degrees 06 miriutes 58 seconds W - 26,58 feet; for an arc distance of26,58 feet to a 5/8-inch iron rod with cap set for corner. Thence, N 60 degrees 05 minutes 05 seconds'W a distance of,50.66 feet to a 5/S inch iron rod with cap set for corner; said point being coincident with the South right-of-way line of"P" street. Thence, East; coincident with the South right-of-way line of ''P'' street (based on a width of 80 feet); a distance of 52.1S feet RETURNING TO THE POINT OF BEGINNING, , ./!2:j'~t ' ..-~.:;q c;:~ q;;. d, ';::' ~t)(~".t '.~ ""<1\\ II l' r~ ...::.-:!:~ ..~. t;.. .~..:*!)~ ... err '"t\ (~[:i~~i~ ~'!.\.~;!;'(J :>.';~':lQlc..:,) '1~:;;" '""'",-V, . ..:-~~.::" e i'; , ~:J\. \~ ~... '~"'J'(:::;" -.x;%" ~ James F. Beck Texas Professional Land Surveyor No. 2021 Project #3429-01 Date: October 10,2001 REVISED: 10/23/2001 Page 1 of 1 'p' STREET (80' R,O,V, UNIMPROVED> NOTE, ASPHALT PARKING LOT NOT LOCATED OR SHOIIN '~ND 5/8' I.R.IJ leAP EAST 190,96' 16' RE~ERENCE BEARING <EAST> ~ROM PLAT n '" n '" SET 5/8' l.R. 'vIICAP 32 2 31 30 '0 o ci o C\J 29 I >- ~ Cl z 28 _ 0 __~________ N Qj IJ) ~, I l\ 00 I ~: u1 u~ J >- W ...J ...J <t 26 "' '" 25 VEST 141.16' 9 "' 2~ '" 10 n "' 23 '" '" TOt CITY or LA PORTE: I, JAMES ;, BECK, DO HEREBY CERTIfY THAT THIS PLAT COR~ECTLY REPRESENTS A SURVEY MADE UNOER MY SUPERVISION,' AND THAT THE ~ ACTS AS roUND ON THE: GROUND AT THE TiHE: O~ THE SURVEY ARE AS SHOIIN HEREON. lilT SS MY ~D SEA,..THIy:Jth DAY Of' OCTOBER"2001, ,- "')""-. ~~ /r JAME S ~, IltCK ,. , TEXA~ REGISTERED PROf'ESSIONAL LAND SURVEYOR NO, 2021 REVISE!lo 10/23/2001 SET NO CORNERS AND REVISED TITLE BLOCK AND SURVEY DRAIIING. ADDED SURVEY CERTI~ICATlON IO-~-Ol ~H 3' 29-01 I / I I ". " '" . Vj!",Vl '<r;f"\O": (\J;""'O\ -co" 7'3 I I tJ :. ::> ci ~ 0:' ~ . '" ~ ~ ft ~ ~~ a.. ;: ~ $J loJ~ ~ VACA TED, ABANDONED ~ CLOSED CITY OF' LA PORTE ORD, 1536 APRIL 13, 1987 FND 5/8' l.R. 'vi ICAP R = 1245.77 yjl::. = 1'13'22" / L = 26.59' LC = S18'06'58' 'vi I 26.58' .." 10 -c ~.o .... !5 o u '" i c::; '" I ~ o tJ tJ o:r l; ~:q B ;er.:j ~....a.. g",~. ~~fJf ~ ~" ;i c:i ;:1 "', <5, Ii E/ EXHIBIT DRA'vIING PLAT RE~ERENCE' VOL 72. PG. " H,C,DR, .0151 ACRE TRACT OUT OF LOT 32. BLOCK 1445 MAP OF LA PORTE TEXAS JOHNSON HUNTER SURVEY, A-35 HARRIS, COUNTY, LA PORTE, TEXAS t.a40' 3~29-01 or I. e m ~ \0 ~ l ~ OJ. I ~ lJ1 ~~ III 'ROI'1l1 mEII . HJ:M RESTRelS lME sm, REllIL OR USE OF lHE OEStRSEO REAl PROmlllEClUii Of COLOR OR RICE S IYll.ll lID UIEMFORtE1SlE UlCER FEDERlllll, THE STATE OF TEXAS COUNTY OF HARRIS I """,, elf'" Nt'" il'.....11II FLEO il fill ~'.H1 S.q.."", ,n "'Ilo~ om 111Ilo!in, ...,.j I..." I, u:.04 III ja, RECOROED, ~~. Ollicill "lie R,,,~,.f RulPr'l.ItJ.t "ulil C""".l,",,, e AUG - 6 2002 ~4~ COUNTY CLERK' HARRIS COUNTY, TEXAS e e e METES AND BOUNDS DESCRIPTION 0.0151-ACRE TRACT Out of BLOCK 1445, TOWN OF LA PORTE JOHNSON HUNTER SURVEY, A-35 HARJUSCQUNTY,TEXAS Being a 0.0151 tract ofland out of Northeast comer oflot 32, Block 1445, Town of La Porte, Johnson Hunter Survey, A-35, Harris County, Texas; said property being shown on the plat recorded in Volume 72, Page 4 of the Harris County Deed Records, The metes and bounds description described the survey performed by H. Carlos Smith, Engineers & Surveyors, Inc. in October 2001: The easement is more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch iron rod with cap, found for the Northeast comer of Lot 32, Block 1445. Thence; coincident with the East boundary line of Block 1445 arid the West right-of-way line of Park Avenue (based on a width of 60 feet); following a curve to the left in a southerly direction; said curve having a radius of 1245.77 feet, a central angle of 1 degree 13 minutes 22 seconds, a chord bearing of S 18 degrees 06 minutes 5~ seconds W - 26,58 feet; for an arc distance of26,58 feetto a 5/8-inch iron rod with cap set for corner. Thence, N 60 degrees 05 minutes 05 seconds W a distance of 50.66 feet to a 5/8 inch iron rod with cap set for corner; said point being coincident with the South right-of-way line of"P" street. Thence, East; coincident with the South right-of-way line of "P" street (based on a width of 80 feet); a distance of 52.18 feet RETURNING TO THE POINT OF BEGINNING, ~~~L James F. Beck Texas ProfesslOnal Land Surveyor No. 2021 Project #3429-01 Date: October 10,2001 REVISED: 10/23/2001 ~:l! I,k':':"~O~~~~~ J.....f' ',:: ,.~'.~I..~ "Ill .1"~ 3li -. If;~?;~,:~~~j:::;>,'~~~~~;~~ '."', ..Jt ..JI.....".I ;. w_L.;~ ;~ .\.~ ~~~~~,;~.: .', ,.: ',~ ~_.? .~' 'w..~~. ;~;~r~~~' ,\' ,').' ;~. ~_ _ _ _ ~l, ....-,..!'1 \.,{.. ....~\... ':,'.i'~ f'J ~~~QrSl r:j-'VJ \.,'.... _,',' :', ':'l'<:,\ ~..~~ J. (, ,', -.." ":l '. ...,... urw -,. I '1;i\..,,;:1 jf'lt , ......~;.I.~ fl::;' ,-~f .:-~....::" v e ~ , 0:":1\ '\~ ,... ~":7~ -~~Y' 0 ~;:e. Page 1 of I 'p' STREET (80' RoO,\J, UNIMPROVED> NOTE. ASPHALT PARKING LOT NOT LOCATED OR SHOIJN, . rND 5/8' I.R,IJ/CAP EAST 190,96' 16' RErERENCE BEARING (EAST> rROM PLAT " l\J " l\J SET 5/8' I.R. IJ ICAP 32 2 31 30 0 0 ci 0 ru 5 :c .... ~ CJ Z 6 29 28 PEDESTRAN PATHIJAY PROPOSED ESM' T, 27 ~ V --------------- 7 >- W -l -l 4: 26 8 25 " l\J \JEST 141.16' , 9, " 24 l\J 10 ,., " 23 l\J l\J TO. CITY Dr LA PORTE: I. JAMES r, BECK. DO HEREBY CERTlrY THAT THIS PLAT CORRECTLY REPRESENTS A SURVEY MADE UNDER MY SUPERVISION, AND THAT THE rACTS AS rOUND ON THE GROUND AT THE TIME or THE SURVEY ARE AS SHOIJN HEREON. /. REVISED. 10/23/2001 SET TIJO CORNERS AND REVISED TITLE BLOCK AND SURVEY DRAIJING. ADDED SURVEY CERTIrICA TION . 10-4-01 rH 3429-01 ~ / / / ". " "', /Ii!"//) ~\O": C\J;""l0\ -(I)" 7'5 I I t..i ~. ~ f1 ~ , ., ~ :i ~ 0: l:I f? ~ ~ 1: ~E loJy VACATED, ABANDONED ~ CLOSED CITY or LA PORTE ORD, 1536 APRIL 13, 1987 FND 5/8' I.R. IJ ICAP R = 1245.77 O /:). = 1"13'22' / L = 26.59' LC = SI8"06'58' Ir/ J 26.58' '- 9 '" fJ ~ ;;; !a 0{ I '" o cJ f.JQ~ >. ~V) ~~(t) El~L:j &t;~ 2: ::>'" ~!5~ "''''..... , -,; ;' ~ :::i c:i ~I "', i5 -J '" ~I &/ EXHIBIT DRAIJING PLAT RErERENCE, VOL 72, PG. 4, H,C.DR, .0151 ACRE TRACT OUT OF LOT 32. BLOCK 1445 MAP OF LA PORTE TEXAS JOHNSON HUNTER SURVEY, A-35 HARRIS COUNTY, LA PORTE, TEXAS . 1-.40' 3429-01 Of' e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: S. Gillett Agenda Date Requested: Appropriation Source of Funds: Utility CIP Department: Public Works Account Number: 003-9890-867-1100 Report: Resolution: Ordinance: xx Amount Budgeted: $ 175,000.00 Exhibits: Ordinance - Amount Requested: $133,542.00 Exhibits: Bid Tabulation Budgeted Item: YES Exhibits: SUMMARY & RECOMMENDATION The FY 00-01 Utility Capital Improvement Fund included funds to rehabilitate the Farrington Blvd. Trunk Sewer. The project includes the removal of old liner (recent flow data indicate line is undersized) and pipe-bursting of the original concrete pipe and relining to increase flow capacity and rehabilitate the original pipe. Bids were opened on June 3, 2002, Bid packages were picked up byfive-(5) general contractors, with five (5) returning bids, Low bid was submitted by Horseshoe Construction, Inc. in the amount of $127,182.00. A $6,360.00 contingency is also requested, for a total of $133,542.00. The Utility CIP funds available for this project total $175,000.00. Action Required by Council: Approve an ordinance authorizing the City Manager to execute a contract with Horseshoe Construction, Inc. in the amount of $127, 182,00, and authorize a contingency of $6,360.00. Approved for City Council Agenda Q~T \\~I...) Robert T. Herrera, City Manager ~~I ~''{) 0 Date e e ORD INANCE NO. 2002 - d.:;; &5' AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND HORSESHOE CONSTRUCTION, INC. , FOR FARRINGTON BOULEVARD TRUNK SEWER IMPROVEMENTS, APPROPRIATING $127,182.00 PLUS A CONTINGENCY OF $6,360.00, TO FUND SAID CONTRACT, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such r documents. City Council appropriates the sum of $127,182.00 plus a contingency of $6,360.00, from Fund 3 to fund said contract. Sec tion 2. The City Council officially findsl 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 I 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 e PASSED AND APPROVED, this 24th day of June, 2002. CITY OF LA PORTE By: Jf~;:-- ~n L. Ma ne Mayor ATTEST: ~ (jJ1Ii Dv JijJj I Marth' A. Gill tt City Secretary 2 Farrington Blvd, Trunk Sewer Improvements Bid Tabulation Horseshoe Const. Reliance Const. Allco Trov Construction Kinsel Industries Item Description Est. Unit Unit Price Extended Unit Price Extended Unit Price Extended Unit Price Extended Unit Price Extended No, Quan, Meas. Price Price Price Price Price 1 Pioeburst8" Dia, 0'-10' 335 LF $ 35,00 $11,725,00 $ 52,00 $ 17,420,00 $ 45,00 $15,075,00 $ 45,00 $15,075,00 $ 51,00 $17,085,00 2 Pipeburst 8" Dia. 10'-15' 1275 LF $ 35,00 $44,625,00 $ 52,00 $ 66,300,00 $ 55,00 $ 70,125,00 $ 51.00 $65,025,00 $ 53,00 $ 67,575,00 3 Pioeburst10" Dia, 10'-15' 690 LF $ 39,00 $ 26,910,00 $ 52,00 $ 35,880,00 $ 60,00 $ 41 ,400,00 $ 64,00 $ 44,160,00 $ 65,00 $ 44,850,00 4 Pioeburst10" Dia, Over 15' 670 LF $ 43,00 $ 28,810,00 $ 52,00 $ 34,840,00 $ 65,00 $ 43,550,00 $ 73,00 $48,910,00 $ 68,00 $ 45,560,00 5 Reconnect Service 0'-10' , 8 EA $ 475,00 $ 3,800,00 $ 400.00 $ 3,200,00 $ 550,00 $ 4,400,00 $ 769,00 $ 6,152.00 $ 700,00 $ 5,600,00 6 Reconnect Service 10'-15' 14 EA $ 700,00 $ 9,800.00 $ 500,00 $ 7,000,00 $ 850,00 $ 11,900.00 $ 977.00 $13,678,00 $ 800,00 $ 11,200.00 7 Trench Safety 0'-10' 56 LF $ 2,00 $ 112,00 $ 0,01 $ 0,56 $ 1,00 $ 56,00 $ 1,00 $ 56,00 $ 10,00 $ 560,00 8 Trench Safety 10'-15' 150 LF $ 3,00 $ 450,00 $ 0,01 $ 1,50 $ 1,00 $ 150,00 $ 2,00 $ 300,00 $ 12,00 $ 1,800,00 9 Trench Safety Over 15' 50 LF $ 5,00 $ 250,00 $ 0,01 $ 0,50 $ 1,00 $ 50,00 $ 3,00 $ "150,00 $ 16,00 $ 800,00 10 Obstruction Removal 1 EA $ 700,00 $ 700,00 ,$ 100,00 $ 100,00 $ 5,500,00 $ 5,500,00 $ 2,275,00 $ 2,275,00 $1,700,00 $ 1,700,00 e e 196.730,00 $ 00 195,78 $ 192.206,00 $ 164,742,56 $ 182,00 127 $ e e' e e A It e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 24, 2002 Appropriation Requested By: Dennis Hlavaty Source of Funds: General Fundi Other Account Number: Various Department: Administration Report: ~ Resolution: Ordinance: Amount Budgeted: $87,000.00 Amount Requested: $77,573.11 Exhibits: Sealed Bid #0860 Exhibits: Bid Tabulation Exhibits: Bidders List Budgeted Iteml YES I NO SUMMARY & RECOMMENDATION Sealed bid #0860 for chemical and fertilizers to-be used at the City of La Porte's Golf Course and Parks Maintenance Department were opened ,and read on June 3, 2002. Bid requests were mailed to six (6) vendors with six (6) returning bids. Bids will be awarded in each section to the vendor meeting all required specifications. Section Vendor Total 1. Insecticides Estes Inc. $4,656.00 2. Herbicides Vopak-Houston PPS $21,658.11 3. Fungicides Estes Inc. $15,162.00 4. Greens Grade Fertilizer Helena Chemical $5,608.80 5. Fairway Fertilizer Helena Chemical $23,266.00 6. Other Products Vopak-Houston PPS $7,222.20 TOTAL $77,573.11 Sufficient funds are available in the Golf Course Maintenance and Parks Maintenance budgets. Golf Course Maintenance will provide 75% of the funding and Parks Maintenance will provide 25%. Golf Course budget for chemical and fertilizers: Parks Maintenance budget: Total $58,000.00 $29,000.00 $87,000.00 Staff recommends awarding bids in Sections 1 & 3 to Estes Inc.; Sections 2 & 6 to Vopak-Houston PPS; Sections 4 & 5 to Helena Chemical, low bidder, meeting all specifications. Action Required by Council: Award bids as recommended by Staff. Approved for City Council Agenda Q~T. l\~ Robert T. Herrera, City Manager J,. L f{'. OL,., Date e e CITY OF LA PORTE INTEROFFICE MEMORANDUM JUNE 10, 2002 TO: FROM: DENNIS HLAVATY, GOLF COURSE SUPERINTENDENT GINGER SHAW, PURCHASING TECH. II SEALED BID #0860 - CHEMICALS AND FERTILIZER SUBJ: Advertised, sealed bids #0860 - Chemicals and Fertilizer were opened and read on June 3,2002. Bid requests were mailed to six (6) vendors with six (6) returning bids. \ This contract would be for one (1) year with one (1) additional option year. Copies of the bids are attached for your review. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this bid before council, please notify me. Attachment: Bid Tabulation Bidder's List Bid Copies BID TABULATION I CHEMICALS & FERTILIZER BID # 0860 VOPAK- HOUSTON PPS SAN JACINTO NOBID NOBID NOBID NOBID NOBID NOBID NOBID LESCO. INC $8,25 NOBID $8.58 $149.10 $126.50 NOBID *$3,597.50 $10.49 $543.96 $8.49 $171.55 $126.50 $77.00 $5,787.17 HELENA CHEMICAL $10.52 $448.80 $8.86 $164.50 $126.50 $76.75 $5,544.10 BWI $10.88 $468.00 $9.08 $174,00 $126.50 NOBID *$4,939.00 QTYIESTESINC $10.16 $275.00 $8.58 $166.40 $126.50 $24,00 $4,656.00 50 2 50 10 10 10 DESCRIPTION SECTION I - INSECTICIDES 1) ORTHO ORTHENE w.P.S. (10 LBS BAGS) 2) TURCAM (12 IB CASE) 3) DYLOX (5 LBS CONTAINERS) 4) AWARD FIRE ANT KILLER (25 LB BAGS) 5) CHIPCO TOP CHOICE (50 LB BAGS) 6) PINPOINT 15G {25 LB BAGS) e NOBID NOBID NOBID NOBID NOBID ~OBID NJO BID NOBID NOBID NOBID NOBID NOBID NOBID $16.00 $18.80 $40.80 $14,80 NOBID $114,75 NOBID NO BID $75.60 $72.00 $69.00 $104.50 *$15,095.00 $17.80 $16.85 $43.80 $18.30 $39.25 $121.30 $35.50 $126.14 $78.00 $89.05 $71.75 $97.07 $21,658.11 $16.00 $19.31 $35.71 $14.50 $90.60 $119.22 $34.75 $107.25 $76.50 $79.32 $66.00 $80,75 $21,864.73 $16.68 $18.30 $20.06 $19.60 $40.80 $41.60 $15.60 $12.00 $91.40 $94.60 $118.00 $120.00 $36.70 $38.34 $109.68 $118.00 $73.40 $76.70 $84.40 $89,20 $67.20 $69.50 $102.26 $96.08 $23.602.38 $24,076.04 30 15 50 20 50 4 30 20 20 60 10 48 TOTAL I SECTION II TOTAL SECTION SECTION II - HERBICIDES 1) BUENO SIX M.S,M.A. (2.5 GALS) 2) TRIMEC TRIPLETT (2,5 GALS) 3) ROUND-UP PRO (2.5 GALS) 4) PRINCEP LIQUID (2.5 GALS) 5) SUFLAN (2.5 GALS) 6) ILLOXAN (1 GALS) 7) BARRICADE 65 WG (10 LBS) 8) BUCTRIL (2,5 GALS) 9) MANAGE (1,3 OZ CNTNR) 10) BASAGRAN (2.5 GALS) 11) RONST AR G (50 LB BAGS) 12) KERB (3 LB BAGS) e NOBID NO BID NOBID NOBID NOBID NOBID NOBID NOBID NOBID NOBID NOBID $106.40 $313.50 $65.60 $281.90 $526.50 $3,25 $267.00 $136.00 $355.00 NOBID *$15,608.60 $117.17 $318.32 $65.60 $291.57 $544.23 $4.34 $350.00 $59,35 $355.00 $35.14 $16,507.00 $112.24 $303,75 $65.55 $291.00 $524.50 $4.70 $260,00 $148.45 $354.82 $7.13 $16,011.71 $110,00 $116.10 $317,22 $320.75 $65.60 $65.60 $285,00 $288.00 $532.60 $538.00 $4.35 $4.40 $257.00 $253.50 $40.34 $143,10 $355.00 $355.00 $28,00 $36.00 $15,162.00 $16,374.50 10 10 10 4 4 200 10 10 8 10 (2.5 GALS) (2.5 GALS) SECTION III - FUNGICIDES 1) CHIPCO 26GT FLOWABLE 2) BANOL (1 GALS) 3) DACONIL WEATHER STIK 4) BANNER MAXX (1 GALS) 5) SUBDUE MAXX (1 GALS) 6) PROTECT T/O (48 LBS CASES) 7) RUBIGAN A.S. (1 GALS) 8) CLEARY 336 F (2.5 GALS) 9) HERITAGE (1 LBS) 10) JUNCTION (2.5 GALS) - TOTAL SECTION ~n- HOUSTON PPS ,SAN JACINTO NOBID NOBID NOBID NOBID NO BID NC $23.15 NOBID $31.00 NOBID *$4,332.00 LESCO, $20.50 $22.62 $27.50 $6.00 $6,129.60 , HELENA CHEMICAL $20.25 $21.25 $23.81 $4.80 $5,608.80 BWI $25.35 $24.71 $28.40 $4.50 $6,636.80 ESTESINC $23.80 $18.24 $28.05 $5.25 $6,027.20 QTYI 80 80 80 80 DESCRIPTION SECTION IV - GREENS GRADE FERTILIZER 1) HOWARD JOHNSON 18-4-18 W/50% NUTRALENE (BAGS) 2) HOWARD jOHNSON 10-18-22 (BAGS) 3) HOWARD JOHNSON 22-0-22 W/100% NUTRALENE (BAGS) 4) AMMONIUM SULFATE 21-0-0 (GREENS GRADE BAGS) SECTION IV TOTAL $458.50 $397.50 $328.50 $510.00 $1,200,00 $62,423.00 i $1,196.00 NOBID NOBID $700.00 NOBID *$23,744.0g $1,404.80 $369.50 $252.30 $460.00 $17.35 $27,448.40 $1,130.00 $335.00 $244,00 $445.00 $17.00 $23,266.00 $1,400.00 $348.00' , $222,00 $712,00 $26,29 $30,051.60 $1,608.90 $333.91 $277 .45 $425.27 $27,00 $30,302.74 14 4 4 10 40 SECTION V - FAIRWAY FERTILIZERS 1) PROMATE 20-4-10 W/40% PCSU W/1% RON STAR (TONS) 2) BONUS CROP 18-6-12 W/50% S.C.U. (TONS) 3) BONUS CROP 12-24-12 WATER SOLUBLE (TONS) 4) PROMATE 25-5-10 W/40% NUTRALENE 5) OSMOCOTE OR CaMP 14-14-14 SLOW RELEASE (BAGS) SECTION V TOTAL e NOBID NOBID NO BID NOBID NOBID N.O BID NbBID NO BID NOBID NO BID $62,423.00 NOBID $96.50 $37.40 $24.00 $24.00 $34.50 NOBID NOBID NO BID *$5,749.00 *$68.126.10 $23.18 $101.00 $18.00 $23.80 $6.50 $19.50 $91,25 $14.10 $176.50 $7,222.20 $84,752.48 $14.50 $99.50 $15.50 $30.00 $6.50 $25.00 $350.00 $22.00 $155.00 $9,576.00 $81,871.34 $0.00 $120.00 $3.17 $24.41 $5,08 $28.50 $374.00 $0,00 $170.50 $9,561.80 *$91.639.74 $27.00 $97.77 $18.68 $21.55 $7.25 $29.00 $180.92 $54.00 $162.00 $9,092.86 $88.843.18 30 10 10 30 10 100 8 8 10 SECTION VI - OTHER PRODUCTS 1) ASSET RTU ROOT ENHANCER 2) REWARD (1 GALS) 3) WIPE OUT TANK CLEANER (1 GAL) 4) PROMATE SPRAY INDICATOR (1 GALS) 5) ADD SPRAY 80 STICKER/SPREADER (2.5 GALS) 6)PROMATE LAKE DYE (1 GALS) 7) PRIMO WSB (64 OZ GALS) 8) NALQUATIC (1 GALS) 9) NEMACUR 10% (50 LB BAGS) (2.5 GALS) SECTION VI TOTAL GRAND TOTAL e nformation reflects pricing only and other factors may be considered during the evaluation process items of sections Did not bid a * - e BIDDER'S LIST , SEALED BID #0860 CHEMICALS & FERTILIZERS ARROW-MAGNOLIA 2646 RODNEY LANE DALLAS, TX 75229 ESTES INCORPORATED 1075 W. SAM HOUSTON PKWY, STE 214 HOUSTON, TX 77043 VOPAK HOUSTON PPS FACILITY P.O. BOX 96649 HOUSTON, TX 77213 HELENA CHEMICAL *Requested Bid PO BOX 510 EL CAMPO, TX 77937 CHAMBER OF COMMERCE P.O. BOX 996 LAPORTE, TX 77572-0996 BWI- COMPANIES INC. 1229 N POST OAK HOUSTON, TX 77055 LESCO, INC 15885 SPRAGUE RD STRONGSVILLE,OH 44136-1799 SAN JACINTO ENVIRONMENTAL 2221A WEST 34TH STREET HOUSTON, TX 77018 BAYSHORE SUN PUBLISH DATES: MAY 19,2002 MAY 26,2002 e e B e e Requested By: Richard Reff Agenda Date Requested: June 24, 20 App rop riation Source of Funds: 2003 Budget Account Number: 00152525212003 00152535212003,001525ft~1200?JOOI525 85212003 .rIJ :5 ifl (",;).'-/-. o() Amount BUdgeted~~' 5'90.41) I Amount Requested: Budgeted Item: YES NO Department: Poli~e Report: x Resolution: Ordinance: Exhibits: Bid Tabulation Exhibits: Bid List Exhibits: ~-,- -. ~ - .--....-. SUMMARY & RECOMMENDATION Advertised sealed bids #0852- Police Uniforms were opened and read on May 20, 2002 , Bid requests were mailed out to eight vendors with four returning bids, Direct Action Unifonns submitted a overall low bid meeting specifications. The total cost for the year will be 53,590.40 Action Required by Council: Request approval of recommendation of Direct Action Unifonns Bid, Approved for City Council Aeenda ~~ T \-\-~ o ert T. Herrera, City Manager to - \g. b'L Date e e BIDDER'S LIST SEALED BID #0852 - POLICE UNIFORMS & BODY ARMOR CODE BLUE POLICE SUPPL V 5550 EAST EX FRWY STE L BEAUMONT, TX 77708 DIRECT ACTION UNIFORMS 600 N. SHEPHERD HOUSTON, TX 77007 GALL'S INC. 2680 Palumbo Drive LEXINGTON, KY 40509 LAWMAN'S UNIFORMS 5814 MILWEE BLDG A HOUSTON TX 77092 LONE STAR UNIFORMS 12454 STE S CUTIEN RD. HOUSTON TX 77066 SKAGGS 6100 WEST by NORTHWEST BLVD SUITE 100 TROOPER SUPPL V, INC. 2900 SMITH ST STE 150 HOUSTON, TX 77006 TYLER UNIFORMS PO BOX 4116 TYLER, TX 75712 CHAMBER OF COMMERCE PO BOX 996 LA PORTE, TX 77572-0996 BAVSHORE SUN PUBLISH DATES: MAY 5,2002 MAY 12, 2002 e e BID TABULATION - POLICE UNIFORMS & BODY ARMOR DIRECT ACTION LONE STAR PUBLIC TYLER DESCRIPTION QTY UNIFORMS UNIFORMS SAFETY UNIFORM CO SECTION I - POLICE UNIFORMS 1. MEN'S LONG SLEEVE SHIRT A. NAVY 150 $39.95 $48.00 $49,25 $54.75 B. GRAY 6 $29.95 $33.50 $36.15 $43.20 C. TAN 10 $29.95 $33.50 $33.00 $39.75 D. WHITE 10 $29.95 $33.50 $33.00 $39.75 ITEM #1 TOTAL $6,771.20 $8,071.00 $8,264.40 $9,266.70 2. MEN'S SHORT SLEEVE SHIRT A. NAVY 280 $34.95 $43.50 $44.95 $49.85 B. GRAY 10 $27.95 $31.00 $32.50 $36.15 C. TAN 20 $27.95 $31.00 $28,95 $32.15 D. WHITE 20 $27.95 $31.00 $28,75 $31.95 ITEM #2 TOTAL $11,183.50 $13,730.00 $14,065.00 $15,601.50 3. LADIES' LONG SLEEVE SHIRT A. NAVY 15 $39.95 $48.00 $49.65 $54.75 B. GRAY 2 $29.95 $33.50 $36.15 $43.20 C. TAN 4 .$29.95 $33.50 $33.00 $39.75 D. WHITE , 10 $29.95 $33.5'0 $32.75 $36.35 ITEM #3 TOTAL $1,078.45 $1,256.00 $1,276.59 $1,430.15 4. LADIES' SHORT SLEEVE SHIRT A. NAVY 30 $34.95 $42,10 $45.25 $49,85 B. GRAY , 5 $27.95 $31.39 $29.25 $35.55 C. TAN 10 $27.95 $31.00 $29.25 $35.55 D. WHITE 20 $27.95 $30.99 $29.25 $35.55 ITEM #4 TOTAL $2,026.75 $2,349.75 $2,381.25 $2,739.75 5. MEN'S PANTS 400 $29.00 $29.95 $29.95 $28.75 ITEM #5 TOTAL $11,600.00 $11,980.00 $11,980.00 $11,500.00 6. "WESTERN" STYLE PANTS 100 $29.00 $32.25 $32.25 $32.30 ITEM #6 TOTAL $2,900.00 $3,225.00 $3,225.00 $3,230.00 7 LADIES' PANTS 100 $29.00 $36.00 $36.00 $28.75 ITEM #6 TOTAL $2,900.00 $3,600.00 $3,600.00 $2,875.00 8. MEN'S WORK STYLE PANTS A. BROWN 20 $11.95 $16.95 $12,50 $15.40 B. NAVY 10 $11.95 $16.95 $12.50 $15.40 ITEM #7 TOTAL $358.50 $508.50 $375.00 $462.00 9. LADIES' WORK STYLE PANTS A. BROWN 10 $11.95 $16.95 $13.25 $16.30 B. NAVY 10 $11.95 $16.95 $12.25 $16.30 ITEM #8 TOTAL $239.00 $339.00 $255.00 $326.00 10. RAINCOATS A. LETTERING 20 $32.95 $44.00 $33.50 $36.98 B. LETTERING OMITTED 20 $30.95 $38.00 $30.95 $33.98 ITEM #9 TOTAL $1,278.00 $1,640.00 $1,289.00 $1,419.20 11. GARRISON CAPS A. WHITE COVER 10 $28.50 $32.00 $27.50 $28.85 B, NAVY COVER 20 $28.50 $32.00 $23.50 $28,85 ITEM #11 TOTAL $855.00 $960.00 $745.00 $865.50 SECTION I TOTAL $41,190.40 $47,659.25 $47,456.24 $49,715.80 SECTION II - UNIFORM JACKET 20 $200.00 $219.95 $243.50 $269.45 SECTION II TOTAL $4,000.00 $4,399.00 $4,870.00 $5,389.00 SECTION 111- BODY ARMOR 20 $420.00 $459.00 $525.00 $455.00 SECTION III TOTAL $8,400.00 - $9,180.00 $10,500.00 $9,100.00 GRAND TOTAL $53,590.40 $61,238.25 $62,826.24 $64,204.80 Information reflects pricing only, and other factors may be considered during the evaluation process. e e c -- e REQUEST FOR CITY COUNCIL AGENDA ITEM Department: Public Works Agenda Date Requested: June 24 Appropriation Requested By: Steve Gillett Source of Funds: General Fund Account Number: 001-7071-531-4015 Report: XX Resolution: Ordinance: Amount Budgeted: $155,000. Exhibits: Bid Recap Sealed Bids #0859 Amount Requested: $51.000. Exhibits: Vendors List Budgeted Item: X YES NO Exhibits: SUMMARY & RECOMMENDATION Advertised, Sealed Bids #0859 - Hot Mix Asphalt - Type D were opened and read on June 3, 2002, Bid requests were mailed to five (5) vendors with two (2) returning bids, Martin Marietta Materials submitted low bid meeting specifications at a cost of $25,50 per ton picked up by city forces, This represents a two percent (2%) increase over the last bid, Staff recommends award of annual contract for the supply of Hot Mix Asphalt - Type 0 to Martin Marietta Materials, low bidder meeting specifications. Using estimated yearly quantities, the total cost of this contract would be $51,000,00, Funds for this contract are budgeted in the FY 2001/02 Street Maintenance Division's Operating Budget. Action Required by Council: Award bid for annual supply of Hot Mix Asphalt - Type D to Martin Marietta Materials, low bidder meeting specifications as recommended by Staff. Approved for City Council Al!enda Q~~~ Robert T. Herrera, City Manager {~_.( g-'OL Date - ,e BID TABULATION BID #0859 - HOT MIX ASPHALT - TYPE D MARTIN MARIETTA CENTURY ASPHALT DESCRIPTION QTY , MATERIALS MA TERIALS HOT MIX ASPHALT. TYPE D 2000 $25.50 $27.00 PICKED UP TOTAL $51,000.00 $54,000.00 922 Mayo Shell Rd 4008 Hwy 146 N, Bay town LOCATION Galena Park, TX 5303 Navigation, Houston ,e CENTURY ASPHALT MATERIALS P.O. BOX 57 BA YTOWN, TX 77522-0057 ATTN: PHILLIP KING 281-421-2621 281-421-9662 (FORML Y BA YTOWN ASPHALT) MARTIN MARIETTA PO BOX 3,129 HUMBLE, TX 77347 ATTN: HOWARD TAYLOR 281-441-6888 281-441-4482 WRIGHT ASPHALT PRODUCTS 704 SHELDON RD, SUITE B CHANNEL VIEW, TX 77530 A TTN: DOUGLAS GOODSON 1-800-882-6541 281-452-2562 CHAMBER OF COMMERCE P.O. BOX 996 LAPORTE, TX 77572-0996 e' BIDDER'S LIST HOT MIX ASPHALT - TYPE 0 SEALED BID #0859 GULF STATES ASPHALT PO BOX 508 SOUTH HOUSTON TX 77587 A TTN: CHRISTINA PENA 713-941-4410 713-947-4949 PRIME MATERIALS INC 600 CENTURY PLAZA DRIVE STE 100 HOUSTON TX 77073 ATTN: SARAH 0' LEARY 281-821-1482 281-821-1485 BAYSHORE SUN PUBLISH DATES: MAY 19, 2002 MAY 26,2002 e e, . e A BATTl.EG ROUND INDUSTRIAL DISTRICT CITY OF PASADENA REDISTRICTING DATA - - Population Ideal 1 Vanance - 0/0 Variance Map 2 154 - R-009-A Map Map - 2.90% R-009-B R-009-C Map 3 (7) - Black or American 5,531 3.31% - R-009-D White Indian or - -0.13% 3,61% - Hispanic African 4 218 - 3.61% Amencan Alaska H Native 5,064 - Native awallan or - 4,10% -0,13% - Asian Other Pacific 5 (249) - 3.69% - -0,13% Islander -4.690/. 4.46% - (265) - -3,58% - -1.79% - -4.99% -7.42% - 31,880 151 - -1.86% - 1.05% 2.84% -4.99% - - -0.98% 4,50% - -1.73% CITY OF LA PORTE 604 w. FAIR MONT PKY, LA PORTE, TEXAS 77571 281-471-5020 PLANNING DEPARTMENT ENGINEERING DIVISION REDISTRICTING MAP , - R-Q09-D REVISIONS MADE BY DOUG & MARTHA AS DIRECTED BY CITY MANAGER ~ , REVISEfr. BS Cl-ECKED BY: .... APPROVED BY: RlH '-- ~ " REVISIONS "' NO, REVISION tISSUE DATE , CCMNmee REVISIC).{ 1001101 , CCNMtTTEE ~ISlQ'.l 1(1'15Jll1 , CQ.!MIT'TEE REVI5KJ.I llYtS'llI ...... PROJECT: I SHEET, 2000 REOISTRIcnNG DATE 6/5/02 HeAD M-'P# OF N/A SCAlE AS NOlCD CITY CITY OF MORGAN'S POINT ~ N,T,S, ~ e - B e CITY OF LA PORTE e CITY SECRETARYS OFFICE INTEROFFICE MEMORANDlJM May 23, 2002 TO: Robert T. Herrera, City Manager Martha A. Gillett, TRM~{J City Secretary ~ t' ~ FROM: SUBJECT: Polling Locations and Early Voting Hours Recorrnnendation Revised Recorrnnendation - Original Memorandwu Sent April 11 , 2002 With recent discussions regarding polling locations and redistricting map suggestions, I am amending the memorandwu originally sent to you on April 11, 2002 to include additional options. Changes are italicized As you may recall, I have been approached on two occasions, by Council Members, with regards to reducing the nwuber of polling locations within the City of La Porte. City Council Members held two Workshop Meetings to discuss reducing the nwuber of polling locations. The first discussions were held at a Workshop Meeting in June 1999. Council opted not to make changes after this Workshop discussion. Due to concerns and confusion after the last election, Council requested this matter be discussed again at a Workshop Meeting held in August 2001. As a result of that meeting, Council directed staff to research this matter and make recommended changes d~ the redistricting process. Staff presented the Redistricting Corrnnittee with a recorrnnendation to reduce the nwuber of polling locations from six to two. The Corrnnittee agreed and voted to recommend to City Council a proposed redistricting map and reduction of polling locations. In addition, the Blue Ribbon Corrnnittee requested the City look at increasing early voting hours and locations. I researched these matters and confinned the regulations with the Secretary of State's Office. Upon consideration of election laws and research, I recorrnnend the following: . Extend early voting at City Hall for an additional day on the first Saturday during the early voting period, from 8:00 A.M. to 5:00 P.M. Additional early voting will afford voters the opportunity to cast their ballots during the early voting period in cases whereby the voter is unable to be in the City during early voting period. I do not recorrnnend an additional early voting site be added at this time. Adding a second location during nonnal business workdays would place a tremendous burden on my office. It would not allow us to conduct e e Page 2 our normal business, and effectively cover two early voting locations in different buildings. In addition, historically, voters have been accustomed to early voting at City HalL . Reduce the nwnber of polling locations on Election Day to two locations. Districts 2 , 3 and 6 to vote at Baker School and Districts 1, 4, and 5 to vote at City HalL Members of City COWlCil and the Redistricting Connnittee did not foresee any concerns with the reduction of polling locations denying or abridging anyone the right to vote. By reducing the number of polling locations on Election Day, there would be less confusion to the voter and the City would see a significant cost savings. Citizens would know they needed to vote in one of two locations, rather than one of six. . A third option could be to have districts 1, 2, 3 and 6 vote at Baker, and districts 4 and 5 vote at City Hall. . A fourth option could be to have one polling location and have all districts vote at City Hall. This would be the least confusing option to the voters. They would know in City, School District and College District elections that they always vote at City Hall. Early Voting seems to be very popular. Voters have frequently expressed, to the Early Voting staff, that they prefer to vote early because they aren't certain where to vote on Election Day. This option would also ease the confusion of implementing the new redistricting map. Voters would not need to be concerned with what district they live in or what Harris County Precinct number was printed on their voter registration card The negative side of this option is the driving distance for the voters on the west side of town. If new polling locations are approved and implemented, citizens would be informed through newspaper articles, utility bill statements, notifications to churches, homeowners associations, etc. Should you need additional infonnation or have any questions, please advise. /rog c: Knox Askins John Annstrong e e c REQ_T FOR CITY COUNCIL AG.DA ITEM Agenda Date R.equested: June 24, 2002 Requested By: Dou2 Kneupper COC~ ~ Department: Plannin2 Appropriation Source of Funds: N/A Account Number: N/A Report: _Resolution: _ Ordinance:~ Amount Budgeted: N/A Exhibits: Staff Report Exhibit A - Multi-family inventory (tab e) Amount Requested: Exhibit B - Recommended changes Exhibit C - Multi-family complexes witl Bud2eted Item: YES 2,500' distance radii N/A NO SUMMARY & RECOMMENDATION On February 11, 2002, City Council passed Resolution #2002-20 placing a 180-day moratorium on new construction of mid to high density residential development for the purpose of reviewing current regulations and possibly adopting new regulations. City Council directed the Planning and Zoning Commission to assess and make recommendations to amend the Zoning Ordinance regarding mid to high density residential development. The Commission's recommendations were to be forwarded to Council for consideration and adoption prior to July 11, 2002. (This is the date the moratorium expires unless an extension is granted.) Staff presented this item to the Commission on February 21, 2002. To accomplish these goals, a subcommittee of the Commission was created. The members included Commissioners Dottie Kaminski and Hal Lawler. During March through May, the Commissioners held five (5) meetings with Staff. (Chairperson Waters attended most of these meetings.) To help the Subcommittee, Staff compiled an inventory of existing mid to high-density developments. Please refer to Exhibit A. At the May 30, 2002 special meeting of the Commission, the work of the Subcommittee was presented to the full Commission. By a unanimous vote, the Commission forwards the recommendations found in Exhibit B to City Council for discussion. At the Council's June 10, 2002 meeting, this item was presented during the workshop. Action Required by Council: 1. Discuss Planning and Zoning Commission's proposed changes for Mid to High Density Residential Development. Approved for City Council A2enda GclJ: T ~ Robert T. Herrera, City Manager ~.OL Date SOUTH LA PORTE INDUSTRIAL DISTRICT iXHlB1T f-\ DEER PARK e BAYPORT INDUSTRIAL DISTRICT - ~----------'ft--------- ~--------------------- CITY ". ........ ...............-- ----- - ---- - -........... ....... "', " OF LOWER SAN JACINTO MORGAN'S BAY POINT BAY e 'tj N.T.S. ~ e e City of La Porte City Council Workshop Presentation Regarding Planning & Zoning Commission Recommendations for Changes to Zoning Ordinance in Connection with Mid-Density and Multiple-Family Residential Development 1. Currently, Mid-Density and Multiple-Family Residential Developments are allowed to locate within R-2, R-3, PUD and General Commercial Zoning Districts. Planning & Zoning Commission is recommending removal of General Commercial Zoning Districts from the Permissible Locations for Mid-Density and Multiple-Family Residential Developments. 2. Currently, Mid-Density and Multiple-Family Residential Developments have no separation or distancing requirements from other such developments. The Planning & Zoning Commission is recommending that in the case of apartment complexes with 50 or more units, said complexes must be located at least 2,500 feet from other apartments complexes of 20 or more units. 3. Currently, the Zoning Ordinance allows for apartment complexes to have up to 27 apartment units per acre. Planning & Zoning Commission recommends that this number be reduced to 14 apartment units per acre. 4. Currently, the Zoning Ordinance provides no maximum for the number of apartments within a complex. The Planning & Zoning Commission is recommending that there be a maximum of 180 apartment units within an apartment complex. 5. Currently, there is no allotment for increasing the set back and/or providing for screening and/or buffering between apartment complexes and single family residential developments. Planning & Zoning Commission recommends that when apartment complexes are located adjacent to single family residential developments, that an additional 2,500 foot buffer be provided for in order to increase spacing between the apartment complex and the residences. In addition, the Planning & Zoning Commission recommends that within the increased buffer, there be a 10-foot opaque screen, including opaque fencing and/or plantings in order to screen apartment complexes from single-family residences. 6. Currently, the Zoning Ordinance provides that six percent (6%) of a Multiple- Family Development be utilized for landscaping and open space. The Planning & Zoning Commission is recommending that the landscaping and open space, as well as buffering and/or screening within a development be increased to thirty- five percent (35%). 7. Currently, the Zoning Ordinance provides for a height restriction for apartment complexes of 45 feet. The Planning & Zoning Commission has not recommended that the 45 foot height restriction be changed, but has exHli,\\1 -B e e recommended that buildings adjacent to R-1 be limited to two (2) stories in height (occurring only after the increased setbacklbuffer zone/screen zone), and the Planning & Zoning Commission is further recommending that any three-story apartment buildings be located only in the center of the apartment complex. 8. As another comment of the Planning & Zoning Commission is the recommendation that there be a ten-foot opaque screening area between Multiple-Family and Single-Family Residential Developments. Fences shall be utilized, with said fences being limited to six-foot in height plus the rot board. Fencing materials must be made from 1" x 4" wood board of redwood, cedar, fir, pine, or a combination thereof. In addition, the Planning & Zoning Commission recommends allowing wrought iron fences to be utilized. 9. Planning & Zoning Commission recommends that for apartment complexes, a perimeter fence be located along all sides abutting or facing right-of-way, as well as along all sides abutting or facing residential development. 1 o. Controlled access gates are to be provided at the apartment complexes, said gates shall be constructed set back from the street far enough to prevent traffic congestion from any vehicle traveling on the right-of-way adjacent to the controlled access gates. In addition, apartment complexes must provide means of access to City of La Porte emergency vehicles, including Fire Department, EMS, Police Department and utilities. 11. Currently, the Zoning Ordinance provides for apartment complexes to provide recreational areaslfacilities, grass, trees, and shrubs. Planning & Zoning Commission recommends that open space and amenities at apartment complexes be required to include a combination of the following: trails, playgrounds (except in the case of "seniors only" apartment complexes), clubhouse and on-site detention. If playgrounds are included in the apartment complexes, they are not to be located in the detention pond area. 12. Currently, the Zoning Ordinance provides minimum open space requirements of 200 sqft per lot in the case of duplexes; 500 sqft per development in the case of townhomes to quaduplexes; and 200 sqft per unit for the maximum of 5,400 sqft in the case of multiple-family or apartment developments. The Planning & Zoning Commission recommends that in the case of duplexes, the minimum open space per lot remain 200 sqft per lot; that in the case of townhomes to quaduplexes, the minimum open space per development be increased to 35%; and in the case of multi-family or apartment development, the minimum amount of open space be increased to 35% of the development. 13. Currently, the Zoning Ordinance provides that in the case of duplexes setbacks be 20 feet front, 10 feet rear, and 5 feet side. Planning & Zoning Commission recommendsthat these setbacks be increased 25 feet front, 20 feet rear, and 20 feet side. Currently, the Zoning Ordinance provides that in the case of e e townhomes to quaduplexes, that minimum setbacks be 20 feet front, 10 feet rear, and 5 feet side. Planning & Zoning Commission recommends that these setbacks be increased to 25 feet front, 20 feet rear and 20 feet side. Currently, the Zoning Ordinance provides that in the case of multiple-family developments that the setbacks be 25 feet front, 20 feet rear, and 20 feet side. Planning & Zoning Commission recommends that these setbacks remain the same, but note that the Planning & Zoning Commission's recommendations for an additional 2,500 foot buffer zone when these apartment complexes are located adjacent to single family residential development, plus a ten-foot opaque screen. Note that the ten-foot opaque screen may be located within the setback adjacent to single family residential development. 14. Currently, the Zoning Ordinance provides for maneuvering aisles (that is the space between rows of parked cars within an apartment complex) of 25 feet (when the parking is "head-in" or based on a 900 angle; 18 feet (when the parking is based on a 600 angle); or 11 feet (when the parking is based on a 450 angle). The Planning & Zoning Commission is recommending that in the case of "head- in" or 900 angle parking that the maneuvering aisle be at least 28 feet. 15. Currently, the Zoning Ordinance has no requirements when garages are provided in apartment complexes. The Planning & Zoning Commission is recommending that the distance between garages (i.e. the maneuvering aisles between garages) be at least 28 feet or greater. 16. Currently, the Zoning Ordinance has no requirements for points of entry for an apartment complex. The Planning & Zoning Commission is recommending that all apartment complexes have at least two points of entry. 17. Currently, the Zoning Ordinance has no requirements for school bus maneuvering at or about apartment complexes. The Planning & Zoning Commission is recommending that all apartment complexes have a designated area for school bus pickup and/or drop off. The Planning & Zoning Commission recommends that the area be accessible appropriate with the correct driveway/road width for LPISD school buses to maneuver. The Planning & Zoning Commission is recommending that apartment complex developers obtain from the School District the standards that provide for school bus ingress, egress, and maneuvering within apartment complexes in order facilitate these new regulations. 18. Currently, the Zoning Ordinance provides that standard parking spaces be 9-feet wide by 18-feet long, and also provides that handicap parking spaces be 13-feet wide by 20-feet long. The Planning & Zoning Commission is recommending that these parking space widths and lengths be increased to 10-feet by 18-feet in the case of standard spaces, 14-feet by 20-feet in the case of handicap spaces. e e 19. In the case of parking lots, the Planning & Zoning Commission has recommended that 900 angle parking, or "head-in" parking should be prohibited at "senior" apartment complexes. 20. Currently, the Zoning Ordinance has no requirements for separation of parking lot in Multi-Family Residential areas from Single-Family Residential areas. The Planning & Zoning Commission is recommending that all parking lots in Multi- Family Residential Development be a minimum 25-feet away from Single-Family Residential Development. 21. Currently, the Zoning Ordinance has no requirements for bonding or insurance for apartment complexes and/or developers. The Planning & Zoning Commission is recommending that the City Council adopt a bond and/or irrevocable letter of credit requirement for apartment complexes and/or developers. The bond and/or irrevocable letter of credit should be at least in the amount of $ ; should be payable to the City of La Porte as a guarantee of compliance of upkeep and maintenance of the apartment complexes; and further, as a guarantee of compliance with applicable laws, including necessary demolition of buildings that have fallen into disrepair, and other remedial measure as may be necessary to keep apartment complexes maintained and up to standards. The bond and/or irrevocable letter of credit should be renewable every five-years, with evidence of renewal being furnished to the City. Failure of the owner of the apartment complex to obtain and keep current the bond or letter of credit shall be cause for revocation of the owner's certificate of occupancy and/or zoning permit, with consequences as provided in the zoning ordinance. 22. Currently, the Zoning Ordinance has no requirements for insurance for apartment complexes and/or developers. The Planning & Zoning Commission is recommending that all apartment complexes have an effective comprehensive, general liability insurance policy, with the City of La Porte being named as an additional named insured in the amount of $1 Million for the life of the structures within the apartment complex, and/or the apartment complex itself. . - :::::l - - _J J - - ~ l--/ OF SHolACRES ~.. ,'1' ." . . . , ~. CITY i \ - ~ I -. . - !!;:: . . ~--'" .. - - ~-~ . I - -"; 1. , '. .... zo,'", ~ . . . . .. . .... ':1- I~ . -:+. . .... r- ~ ..J - .. .. .. ___a - .. .... ...... ............ . ------- . .. . . - - . -1-----... . . - --.. . I/it.: - . __U1 - - -1= ::::::~ ------l- - - - - V' II := is::'=! , .. - - - .. .. - - '. . !::::;;;;:;; =:== t- Ii fi1 I".... _ _ _ _ _ _ _ _ ~. _.. _. _. - . --- - 8 . _....._.._ ~ ----- -.--------... ..... Ii ~ - ill- --------- I W ------Lr . ~ -~-----_.- ......... => ~ ~ ~y .... ..~. .. ...~ :I... ...... IL"'. _ _ __ .~. . oJ ~ Ia - - - -0..::.= II .. 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OF ADOrnoN OF THESE REGULATIONS SHALL BE THE ZONING BOUNOA.RY. REF: 106-308 (2): WHERE BOUNDARIES ARE SHOWN TO ENTER ON CROSS PlATTED BLOCKS, PROPERTY UNES OF LOTS, AS THEY EXIST AT THE TIME OF ADOrnoN OF THESE REGULATIONS, SHALL BE THE ZONING BOUNDARY. REF: 106.308 (3): IN CASE OF A DISTRICT BOUNDARY UN! DIVIDING A PROPERTY INTO TWO PARTS, THE DISTRICT BOUNOA.RV UNE SHALL BE CONSTRUED TO BE THE PROPERlY L.INE NfARESTnfE DISTRICT BOUNDARY lINE AS SHOWN. REF: 106.308 (4): WHEFlE BOUNDARIES ARE SHOWN ON UNSUBDMDeD PROPERTY, THE LOCATION SHALl. I!E DETERMINEO BY USE OF THE SCAL! SHOWN ON THE HAP UNLESS DIHENSIONS ARE GIVEN ON THE HAP. R-l R-2 R-3 MH. GC NC. PUD BI LI HI . . . . . LOW DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL . .HIGH DENSITY RESIDENTIAL . . . . MANUFACTURED HOUSING GENERAL COMMERCIAL NEIGHBORHOOD COMMERCIAL PLANNED UNIT DEVELOPMENT .BUSINESS INDUSTRIAL LIGHT INDUSTRIAL . HEAVY INDUSTRIAL ZONING LEGEND CITY 0 PASADE OF DEER PARK ~.... ~ - - ~ !/,It. ~ ~ \ \.",' ~', ;; . . - iW - l .:- l F. 1= - ~, :1:11. - - - I-~ -. . . - - . - . :]- - T r.r - .1-- . I IJ:II:J. .&11':1 . . - . '" . :!: :r: ~ i :r. SCALE ~ & A 11 & M t A1 f!. A1 A ..&. ffi &, L1 Ai EXHIIbT 9t "'. GALVESTON aJT ." ." o!tBOUR'S " BLVD. a:u.-- ~ l:J -1- - ~:II ~ ~ .. % 1;1 o z -- ." ." f' j ~ ) ~ CITY BAY OF MORGAN'S 1" ZONING MAP POINT e 000 ORe. ORe. ORe. ORe ORe. ORe ORe. ORe. ORD ORe. ORe 50 50 lS01 1501 501-R REZQ\lED FROM 501 -Q (A) REICNED F (B) REZO\ED 501-M REZCNED FR 501-KK REZQr"EO FROol GC TO 8I 501-)J REZOI"-ED FRCM R.3 TOGe 501-HH REZt:lN:D FRC>1 PlO TO R-2 501-GG REZON:Q FRCM R-t TOGe 501-fF-l REZt:lr\ED FRCM UTOHI 501-FF REzet.EO FRGot GC TOBI SOI..eE REzat..eO FR~ GC TOU 150l-CC REZON:D FRCM R.2TOGC 1501-YRElCNEOFROM R.l &R-2TON: iOl.T REZCN:O FROM M-t TO GC CRO. IS0t-WREzor..ED FRCM GC TOR.l CRO. 1501-55 REZOf'ED FRCM NC TO PlO ORD. 1501-QQ REZt:lN:O FRQ.t GC TO FH 106-308 ~31IR~~T~Il'fAS~~R CPO. 1501<>OREzat..EO FRo.t NC TOR-3 ORe. DIlD. ORe. ORe. ORe. AMENDMENTS TO ORD 1" 1600' 05/02/02 , w/ MULTI-FAMILY DEVELOPMENTS OF 50+ UNITS - DATE " 1600' ~ I.R. BS u::o"";rro BY - TEXAS 1501 BS BS BS BS BS BS BS MW MW BS SC BS SC SC '" RMO RMO RMO RMO BS BS SC SC 4/18/68 ~ .lIoCTlc>J 11/14/89 4/18188 6/12189 2/13/89 3/18102 10123101 518101 4/24/01 4/11101 4/10/00 4/10/00 3/27/00 t 2/13/99 10/11/99 B/9199 '/24/99 t/11199 2/10197 4/221% 6/6/94 8/30193 1219/91 9/13189