HomeMy WebLinkAbout2002-10-14 Regular Meeting
C7
MINUTES OF THE REGULAR MEETING
OF THE LA PORTE CITY COUNCIL
OCTOBER 14, 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, Barry Beasley,
James Warren, Bruce Meismer, Mike Mosteit, Peter Griffiths, Chazlie Young, Howard
Ebow and Mayor Norman Malone
Members of Council Absent: None
Members of City Executive Staff and City Employees Present: City Attorney Knox
Askins, Acting City Manager John Joerns, Director of Finance Cynthia Alexander,
Assistant Director of Finance Michael Dolby, Director of Emergency Services Joe Sease,
City Secretary Martha Gillett, Assistant City Secretary Sharon Harris, Police Chief
Richazd Reff, .Director of Administrative Services Carol Buttler, Director of Planning
Doug Kneupper, Director of Public Works Steve Gillett, Director of Parks and Recreation
Stephen Barr, Administrative Assistant to the City Manager Crystal Scott, Purchasing
Manager Susan Kelley, City Planner Gwen Goodwin, City Manager Robert T. Herrera,
Engineering Technician Brian Sterling, Fire Chief Mike Boaze, Receptionist Deputy Clerk
Rose Hall, Part-time Receptionist Deputy Clerk Charlotte Boudreaux, and Administrative
Secretary Sara Urich
Others Present: Spero Pomonis, Commissioner Jim Fonteno, JoAnn Fonteno, Jerry
Clarke, Dottie Clazke, Rob Roy, Sue Gale Kooken, Joeena Davis, Gay Collins, Mike
Collins, Steve Helm, Dottie Kaminski, Betty Waters, Leon Waters, Rod Rothermal, Dr. B.
L. Worsham, G. Wally Hodges, Bill Scott, Reverend Michael Bingham, Karen Gold, Joe
Gold, Penny Gazcia, Rudy Garcia, Reynoldo Farias, Dr. Wayne Spears, Loretta Gardner,
Cathy Glash, Erwin Seroka, Jim Huang, Nick Barrera, Barbara Norwine, David Duckett,
Lisa Duckett, Charlie Perry, Valerie Owens, Krystel Clement, Bill White and a number of
other citizens.
2. Reverend Oliver Stillwell of First Assembly of God of La Porte delivered the invocation.
3. Mayor Norman Malone led the Pledge of Allegiance.
4. Council considered approving the Minutes of the Regular Meeting and Public Heazing of
the La Porte City Council held on September 23, 2002.
Motion was made by Councilmember En~,elken to approve the .Minutes of the Regular
Meeting; and the Public Heazing of the La Porte City Council held on September 23, 2002.
Second by Councilmember Ebow. The motion carried.
Ayes: Engelken, Warren, Beasley, Griffiths, Meismer, Mosteit, Ebow, Young and Malone
Nays: None
Abstain: None
5. PRESENTATIONS/PROCLAMATIONS
Mayor Norman Malone presented Richard McClellan with a proclamation recognizing
"Wings Over Houston Week".
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City Council Minutes 10-14-02 -Page 2
Mayor Malone presented La Porte High School with a proclamation recognizing "Orange
and White Week".
Mayor Malone presented Jim and JoAnn Fonteno with a proclamation recognizing
"Commissioner Jim Fonteno Day".
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAXPAYERS WISHING TO ADDRESS CITY COUNCIL
Craig Wooten of First National Bank withdrew his request to speak.
Steve Helm, a .Developer, spoke regarding the September 23, 2002 City Council Meeting,
there was proposed action to be taken regarding the ordinance amending the zoning
regulations dealing with mid and high-density residential development. Mr. Helm's two
concerns at the last meeting were the 2500-foot rule and the limitation of 180-units per
development. Mr. Helm understands the 2500-foot rule will be discussed later in this
meeting. The 180-unit rule will be addressed in that action; he requests this to be
reconsidered to 200 units. At 200 units, the density on the site (the corner of Luella and
Fairmont Parkway) would be 9.63 units per acre. This is well below the 14 units per acre
that is proposed. The site is 22.355 acres, there's a 1.59-acre commercial tract, which
would leave 20.7 acres on the balance of the tract. We would like the Council and
Planning Commission to approve building 200 units.
Reverend Tom Rawls of Grace Baptist Church of La Porte spoke in favor of City
Manager, Robert Herrera.
Charlie Perry of 127 North 4`h Street, La Porte, Texas, spoke in favor of Mr. Herrera.
Bill White of 10331 Collingswood, La Porte, Texas, thanked Council for giving the public
the opportunity to speak. He, too, supports Mr. Herrera.
Reverend Wayne Spears of Fairmont Park Baptist Church of La Porte, Texas, spoke in
favor of Mr. Herrera.
Loretta Gazdner of Prudential Gary Green Realtors, represents Cathy Glash, a landowner
trying to sell a 2-acre tract on the corner of East Bayou, with over 200 feet of water
frontage in Shady River, which needs driveway access.
Penny Garcia of 31 l 0 Oaken Lane, La Porte, Texas, is still concerned with Fainmont Park
Baptist Church's ineffective choices in leadership.
Reynoldo Farias of 211 N. Nugent, La Porte, Texas, discussed the issues of Mr. Herrera
and spoke in favor of him.
Reverend Michael Bingham of Abundant Life Church of La Porte, Texas, stated there is a
ground swell of support for Mr. Herrera.
Spero Pomonis of 218 Bay Colony of La Porte, Texas, knows the Community. Council
knows how he stands behind Bob Herrera.
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City Council Minutes 10.14-02 -Page 3
Cathy Glash of 2042 Glen Cove, Seabrook, Texas, lived in the Shoreacres/La Porte area
for approximately 13 years. She is the property owner, who is attempting to sell the 2-acre
tract on the corner of East Bayou, with over 200 feet of water frontage in Shady River,
which needs driveway access.
Sue Gale Mock Kooken of 410 South 1 S' Street, La Porte, Texas, has been attending
Council meetings for approximately two years. She feels there should be progress reports
at Council Meetings.
G. Wally .Hodges of 222 S. Nugent, La Porte, Texas, spoke in favor of Mr. Herrera.
Dr. B. L. Worsham of Second Baptist Church of La Porte thanked Mayor and Council.
Dr. Worsham spoke on behalf of his 550 members, in favor of Bob Herrera.
Bill Scott of 1802 Lomax School Road, La Porte, Texas, does not understand why the City
Manager's investigation has been concluded. IVIr. Scott also commented on the feedlot
next to his property.
7. Council to consider approval or other action to adopt a resolution requesting the Texas
Municipal League to initiate and support legislation concerning an amendment to Texas
Tax Code 23.012 regarding the "Income Approach" to valuation of property for Ad
Valorem Tax Purposes as presented by Director of Finance Cynthia Alexander.
Assistant City Attorney Clark Askins read: RESOLUTION 2002-35 - A RESOLUTION
REQUESTING THE TEXAS MUNICIPAL LEAGUE TO INITIATE AND SUPPORT
LEGISLATION CONCERNING AN AMENDMENT TO TEXAS TAX CODE 23.012
REGARDING THE "INCOME APPROACH" TO VALUATION OF PROPERTY FOR
AD VALOREM. TAX PURPOSES; PROVIDING THAT THIS RESOLUTION SHALL
BECOME EFFECTNE FROM AND AFTER ITS PASSAGE AND ADOPTION.
Motion was made b,LCouncilmemberGriffiths to approve the resolution as presented by
Mrs. Alexander. Second by Councilmember Young. The motion carried.
Ayes: Engelken, Griffiths, Warren, Beasley, Ebow, Meismer, Mosteit, Young and Malone
Nays: None
Abstain: None
8. Council to consider adoption of an ordinance updating the zoning ordinance regarding mid
and high-density residential development as presented by City Planner Gwen Goodwin
(previously tabled at the September 23, 2002 City Council Meeting).
City Planner Gwen Goodwin explained that Council requested additional information on
that footage. You will note changes in the exhibits in your packet. The members of the
Planning and Zoning Commission are present tonight.
Motion was made by Councilmember Griffiths to approve adoption of the ordinance
update regarding mid and high-density development, eliminating the 2500-foot separation
provision.
Assistant City Attorney Clark Askins read: ORDINANCE 1501-XX - AN ORDINANCE
AMENDING CHAPTER 106, BY AMENDING SECTION 106-1, "DEFINITIONS",
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City Council Minutes 10-14-02 -Page 4
ARTICLE I. "IN GENERAL"; BY ADDING NEW SECTION 106-150, "BOND AND
INSURANCE REQUIREMENTS", ARTICLE I1. "ADMINISTRATION", DNISION 4,
"PERMITS" BY AMENDING SECTION 106-331, "TABLE A, RESIDENTIAL USES"
AND AMENDING SECTION 106-333 "TABLE B, RESIDENTIAL AREA
REQUIREMENTS", AND AMENDING SECTION 106-334, "SPECIAL USE
PERFORMANCE STANDARDS; RESIDENTIAL" AND AMENDING SECTION 106-
394, "SPECIAL REGULATIONS AND PROCEDURES", ARTICLE III. "DISTRICTS",
DNISION 2, "RESIDENTIAL DISTRICT REGULATIONS"; AND BY AMENDING
SECTION 106-441. "TABLE A, COMMERCIAL USES" AND SECTION 106-443
"TABLE B, COMMERCIAL AREA REQUIREMENTS", ARTICLE III. "DISTRICTS",
DIVISION 3. "COMMERCIAL DISTRICT REGULATIONS"; AND BY AMENDING
SECTION 106-771. "YARD REQUIREMENTS", ARTICLE V. "SUPPLEMENTARY
DISTRICT REQUIREMENTS", DIVISION 3. "AREA REQUIREMENTS"; AND BY
AMENDING SECTION 106-835. "DESIGN STANDARDS", ARTICLE VI. "OFF-
STREET PARKING", OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL
UPON CONVICTION BE FINED A SUM OF NOT MORE THAN TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A
SEVERAB.[LITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Second by Councilmember Engelken to Councilmember Griffiths' motion.
Chairperson Betty Waters of the Planning and Zoning Commission, informed Council to
clearly understand the Commission did not arrive at the recommendations before you in a
matter of minutes or hours, it was days and days of considering every aspect of the
recommendations that aze being covered tonight.
Upon the conclusion of Mrs.Waters' questions and answers, Councilmember Griffiths
repeated his recommendation that we accept the ordinance as stated, striking out any
reference to sepazation provisions. Mayor questioned if Councilmember Engelken still
wanted to second the motion, Mr. Engelken withdrew his earlier second, thinking we
should include the 1000-foot separation as stated earlier. Councilmember Meismer asked
if Mr. Griffiths would be willing to amend his motion to 1000-foot separation.
Councilmember Mosteit seconded Mr. Griffiths' motion of striking out any reference to
separation provisions. The motion failed.
Ayes: Griffiths, Mosteit
Nays: Warren, Meismer, Engelken, Beasley, Ebow, Young and Malone
Abstain: None
Motion was made by Councilmember Engelken to consider the adoption of the ordinance
uadate re ag rding mid and hi hg, densi development, having 1000-foot sepazation. Second
by Councilmember Beasley. The motion carried.
Ayes: Mosteit, Warren, Meismer, Engelken, Beasley, Ebow, and Malone
Nays: Griffiths, Young
Abstain: None
9. Council to consider adopting a resolution extending the moratorium on mid to high
density residential development for an additional 90 days.
•
City Council Minutes 10-14-02 -Page 5
Due to the prior item being approved, it is not necessary to take action on this item.
10. Council to consider approval or other action of Ordinance 2000-IDA-67 authorizing the
execution by the City of LaPorte of Industrial District Agreements listed above as
presented by Acting City Manager John Joerns.
Assistant City Attorney Clark Askins read: ORDINANCE 2000-IDA-67 - AN
ORDINAINCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTS OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH EX TEX LA PORTS, LIMITED
PARTNERSHIP; FOR THE TERM COMMENCING JANUARY 1, 2001, AND
ENDING DECEMBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATIlVG TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Griffiths to consider the approval of the ordinance
as presented by Mr. Joerns. Second by Councilmember Ebow. The motion carried.
Ayes: Mosteit, Warren, Meismer, Engelken, Beasley, Ebow, Griffiths, Young and Malone
Nays: None
Abstain: None
11. Council received a report on the Sylvan Beach Shoreline Protection Project with the
Texas General Land Office as presented by the Director of Parks and Recreation Stephen
Ban.
12. Council to consider approval or other action of the Project Cooperation Agreement
Amendment as presented by the Director of Parks and Recreation Stephen Barr.
Assistant City Attorney Clark Askins read: ORDINANCE 2002-2547-A - AN
ORDINANCE AUTHORIZING AND APPROVING AN AMENDMENT TO THE
PROJECT COOPERATION AGREEMENT BETWEEN THE CITY OF LA PORTS
AND THE TEXAS GENERAL LAND OFFICE, APPROVED APRIL, 15, 2002,
REGARDING SYLVAN BEACH SHORELINE EROSION REMEDIATION;
APPROPRIATING $12,750.00 TO FUND SAID AGREEMENT; 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 Griffiths to consider the approval of the ordinance
as presented by Mr. Barr. Second by Councilmember Ebow. The motion carried.
Ayes: Mosteit, Warren, Meismer, Engelken, Beasley, Ebow, Griffiths, Young and Malone
Nays: None
Abstain: None
13. Council to consider approval or other action of an ordinance authorizing and approving an
amendment to the project cooperation agreement between the City of La Porte and Harris
County regarding Community Development Block Grant funding of two projects as
presented by the Director of Parks and Recreation Stephen Barr.
City Council Minutes 10-14-02 -Page 6
Assistant City Attorney Clark Askins read: ORDINANCE 2002-2587 - AN
ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN
THE CITY OF LA PORTE AND HARRIS COUNTY, REGARDING COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING OF A PEDESTRIAN BRIDGE OVER
LITTLE CEDAR BAYOU; MAKING VARIOUS FINDINGS AND PROVISIONS
REGLATING TO THE SUBJECT; FINDING COMPLIANCE W ITH THE OPEN
MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Griffiths to consider the approval of the ordinance
as presented by Mr. Barr. Second by Councilmember Ebow. The motion carried.
Ayes: Mosteit, Warren, Meismer, Engelken, Beasley, Ebow, Griffiths, Young and Malone
Nays: None
Abstain: None
14. City Council received and reviewed report from the City Council Travel Committee, and
consider calling a workshop meeting to discuss possible amendments to the City Council
Travel Policy Ordinance as presented by Committee Chairperson Rod Rothermel.
Council agreed to have a workshop on this item at a later date.
15. Administrative Reports
Acting City Manager John Joerns reminded Council of the Texas Municipal League
Conference in Fort Worth, Texas from October 16-19, 2002; the Volunteer Banquet at
Sylvan Beach Pavilion on Thursday, November 7, 2002; and the City Council Meetings
scheduled for November 11, 2002, a Workshop Meeting scheduled for November 18,
2002, and December 9, 2002.
16. Council Comments
Councilmembers Mosteit, Engelken, Griffiths, Ebow, Beasley, Meismer, Warren, and
Young had comments for Council.
17. EXECUTIVE SESSION -PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551.086, TEXAS
GOVERNMENT CODE - (CONSULTATION WITH ATTORNEY,
DELIBERATION REGARDING REAL PROPERTY, DELIBERATION
REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS,
DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A
WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN
INVESTIGATION, DELIBERATION REGARDING ECONOMIC
DEVELOPMENT NEGOTIATIONS)
Council retired into Executive Session at 8:57 p.m.
551:074 -(Personnel Matter) -Deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee: Robert T.
Herrera, City Manager.
Council reconvened the Council Meeting at 12:08 a.m.
City Council Minutes 10-14-02 -Page 7
18. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN
EXECUTNE SESSION
City Manager Robert Herrera's attorney, Mr. Randall Stone, and La Porte City Attorney
Knox Askins attended the Executive Session with all of Council and Mayor.
Based on the audit report from independent auditor, Mr. Mark Tiller, and deep discussion
with City Council, Council finds no fraud or wrongdoing. Therefore no action is
warranted.
Upon returning to chambers, City Manager Robert Herrera resigned as City Manager of
La Porte, effective immediately. He bears no animosity towards the City Council. it has
been a wonderful sixteen years.
Motion was made by Councilmember Meismer to accept Ci .Manager's Robert Herrera's
resignation and approval of the statement that Mayor Norman Malone read. Second by
Councilmember Warren. The motion carried.
Ayes: Mosteit, Warren, Meismer, Engelken, Beasley, Ebow, Young, and Malone
Nays: Griffiths
Abstain: None
The Councilmembers thanked City Manager Robert Herrera for his years of service and
wished him well.
19. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting and
Public Hearing was duly adjourned at 12:20 a.m.
Respectfully submitted,
lc. ~1~~~'U~
art
G
City Secretary
Passed and approved on this the 28s' day of October 2002.
/~Z~f ~~
an Malone, Mayor
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 14 20
Appropriation
Requested By:
Source of Funds: Nt A
Department: Fill:illl~e
Account Number: NtA
Report:
Resolution: XX Ordinance:
Amount Budgeted: Nt A
Exhibits:
Resolution
Amount Requested: N/~
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
The Texas Tax Code S23.012 provides procedures for the Chief Appraiser to use when applying the
"income approach" in valuing property for ad valorem tax purposes. In several recent refinery valuation
lawsuits, the litigants have taken the position that the Legislature has limited the applicability of the
"income approach" to only properties for which a rental market exists, such as for office buildings, retail
space and apartments. Based on this premise, the litigants contend that the income approach may not be
used in appraising refineries and petrochemical facilities for property tax purposes.
The value established under the litigants' approach is dramatically lower than under the current income
approach, which results in large amounts oflost revenue to local taxing jurisdictions. In lieu taxes are one
of 0 ur major revenue sources a nd staff feels it in the b est interest 0 f the City 0 f LaP orte to support
legislation amending section 23.012 of the Texas Tax Code to clarify that the legislature did not intend to
depart from the equality, uniformity, and generally accepted appraisal techniques when originally
adopting this statue. The City Council can request that the Texas Municipal League (TML) recognize this
issue as an issue having tremendous impact to Texas municipalities and to initiate and support such
amendment of section 23.012 of Texas Tax Code.
Action Required bv Council:
Adopt Resolution requesting TML to initiate and support legislation concerning an amendment to
Texas Tax Code 23.012 regarding the "Income Approach" to valuation of property for Ad
Valorem Tax Purposes.
)0/' /02
Dat~ I
-
RESOLUTION NO. 02- 3~
A RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE TO
INITIATE AND SUPPORT LEGISLATION CONCERNING AN AMENDMENT
TO TEXAS TAX CODE ~23.012 REGARDING THE "INCOME APPROACH" TO
VALUATION OF PROPERTY FOR AD VALOREM TAX PURPOSES;
PROVIDING THAT THIS RESOLUTION SHALL BECOME EFFECTIVE
FROM AND AFTER ITS PASSAGE AND ADOPTION.
WHEREAS, the Texas Tax Code 92.012 provides procedures for the Chief
Appraiser to use when applying the "income approach" in valuing property for ad
valorem tax purposes; and
WHEREAS, in several recent refinery valuation lawsuits, the litigants have taken
the position that the Legislature has limited the applicability of the "income approach" to
only properties for which a rental market exists, such as for office buildings, retail space
and apartments; and
WHEREAS, based on this premise, the litigants contend that the income
approach may not be used in appraising refineries and petrochemical facilities for
property tax purposes; and
WHEREAS, the value established under the litigants' approach is dramatically
lower than under the current income approach, which results in large amounts of lost
revenue to local taxing jurisdictions; and
WHEREAS, the City Council of the City of La Porte deems it in the best interest
of the City of La Porte to support legislation amending section 23.012 of the Texas Tax
Code to clarify that the legislature did not intend to depart from the equality, uniformity,
and generally accepted appraisal techniques when originally adopting this statue; and
WHEREAS, the City Council of the City of La Porte requests the Texas
Municipal League (TML) recognize this issue as an issue having tremendous impact to
Texas municipalities and to initiate and support such amendment ofsection 23.012 of
Texas Tax Code;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS:
SECTION 1: That the City Council hereby supports legislation amending section
23.012 of the Texas Tax Code to clarify that the legislature did not intend to depart from
the equality, uniformity, and generally accepted appraisal techniques when originally
adopting this statue.
SECTION 2: That the City Council hereby requests the Texas Municipal League
(TML) recognize this issue as an issue having tremendous impact to Texas municipalities
and to initiate and support such amendment of section 23.012 of Texas Tax Code.
SECTION: That this Resolution shall be in full force and effect from and after
its passage and adoption.
PASSED AND ADOPTED THIS 14th day of Octo
~ &
W
MartIia ~i y Secretary
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: Dou2; Kneupper/Gwen Goodwi
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: YES NO
Agenda Date Requested: October 14, 2002
Department: Plannin2
Report: _Resolution: _ Ordinance:~
Exhibits:
Ordinance
Exhibits A - L
SUMMARY & RECOMMENDATION
Since February 11, 2002, there has been a moratorium on construction of mid to high density residential
development for the purpose of reviewing current regulations and possibly adopting new regulations. The
moratorium is set to expire on October 24,2002.
At Council's September 23, 2002 meeting, a public hearing was held. During the public hearing, there was
testimony from developers regarding the potential impact of the 2500' "separation" provision that is part of the
proposed ordinance. Council tabled adoption of the proposed regulations so that additional consideration could
be given to the "separation" provision.
Staff has provided exhibits that demonstrate the differences between the original 2500' separation, and other
separation distances of 1000' and 500'. As an additional option, Council could eliminate this "separation"
provision completely.
Action Required by Council:
1. Remove this item from the Table
2. Consider adoption of an ordinance updating the zoning ordinance regarding mid and high density residential
development
Approved for City Council A2enda
)0 /;o/e;; A
Date I {
ORDINANCE NO. 1501- ..~ ~
AN ORDINANCE AMENDING CHAPTER 106, BY AMENDING SECTION 106-1,
"DEFINITIONS", ARTICLE I. "IN GENERAL"; BY ADDING NEW SECTION 1 06-150,
"BOND AND INSURANCE REQUIREMENTS", ARTICLE II. "ADMINISTRATION",
DIVISION 4, "PERMITS"; BY AMENDING SECTION 106-331, "TABLE A,
RESIDENTIAL USES" AND AMENDING SECTION 1 06-333 "TABLE B, RESIDENTIAL
AREA REQUIREMENTS", AND AMENDING SECTION 1 06-334, "SPECIAL USE
PERFORMANCE STANDARDS; RESIDENTIAL" AND AMENDING SECTION 1 06-394,
"SPECIAL REGULATIONS AND PROCEDURES", ARTICLE III. "DISTRICTS",
DIVISION 2. "RESIDENTIAL DISTRICT REGULATIONS"; AND BY AMENDING
SECTION 106-441. "TABLE A, COMMERCIAL USES" AND SECTION 106-443
"TABLE B, COMMERCIAL AREA REQUIREMENTS", ARTICLE III. "DISTRICTS",
DIVISION 3. "COMMERCIAL DISTRICT REGULATIONS"; AND BY AMENDING
SECTION 106-771. "YARD REQUIREMENTS", ARTICLE V. "SUPPLEMENTARY
DISTRICT REQUIREMENTS", DIVISION 3. "AREA REQUIREMENTS"; AND BY
AMENDING SECTION 106-835. "DESIGN STANDARDS", ARTICLE VI. "OFF-STREET
PARKING", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE
SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON
CONVICTION BE FINED A SUM OF NOT MORE THAN TWO THOUSAND DOLLARS
($2,000.00) FOR EACH VIOLATION; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby finds, determines and
declares that heretofore, to-wit, on the 30th day of May, 2002, at 6:00 p.m., a special called
public hearing was held before the Planning and Zoning Commission of the City of La
Porte, Texas, pursuant to due notice, to consider the question of the possible amendment
of the Zoning Ordinance as herein described. There is attached to this Ordinance as
Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes,
the publisher's affidavit of publication of notice of said hearing.
ORDINANCE NO. 1501-ii
Page 2
Section 2. The City Council of the City of La Porte is in receipt of the written
recommendations of the City of La Porte Planning & Zoning Commission, by letter dated
June 27, 2002, a true copy of which letter is attached hereto as Exhibit "B," and
incorporated by reference herein, and made part hereof for all purposes.
Section 3. The City Council of the City of La Porte hereby finds, determines and
declares that on the 23rd day of September, 2002, a public hearing was held before the
City Council of the City of La Porte, Texas, pursuant to due notice, to consider the
recommendation of the City of La Porte Planning and Zoning Commission. There is
attached to this Ordinance as Exhibit "C", and incorporated by reference herein and made
a part hereof for all purposes, the publisher's affidavit of publication of notice of said
hearing.
Section 4. The City Council of the City of La Porte hereby finds, determines and
declares that all prerequisites of law have been satisfied, and hereby determines and
declares that the amendments to Chapter 106, Articles 1, 3, 5, and 6 of the Code of
Ordinances of the City of La Porte, are desirable and in furtherance of the goals and
objectives stated in the City of La Porte's comprehensive plan.
Section 5.
Article I, Definitions of the Code of Ordinances of the City of La
Porte, Texas are hereby amended with the language contained in Exhibit "0", which is fully
incorporated by reference herein, and which shall hereafter be incorporated into the
Chapter 106 of the Code of Ordinances of the City of La Porte, and which shall hereafter
read as indicated on said attached Exhibit "0".
Section 6.
Article II, Administration, Division 4. Permits, of the Code of
Ordinances of the City of La Porte, Texas is hereby amended by adding new Section 106-
ORDINANCE NO. 1501-11-
Page 3
150, Bond and Insurance Requirements, containing the language contained in Exhibit "E",
which is fully incorporated by reference herein, and which shall hereafter be incorporated
into the Chapter 1 06 of the Code of Ordinances of the City of La Porte, and which shall
hereafter read as indicated on said attached Exhibit "E".
Section 7.
Article III, Districts, Division 2, Residential District Regulations,
Section 106-331 Table A, Residential Uses, Section 106-333, Table B, Residential Area
Requirements, and Section 106-334, Special use Performance Standards; Residential,
Section 106-394 Special Regulations and Procedures of the Code of Ordinances of the
City of La Porte, Texas are hereby amended with the language contained in Exhibits "F",
"G", "H" and "I", respectively, which are fully incorporated by reference herein, and which
shall hereafter be incorporated into the Chapter 106 of the Code of Ordinances of the City
of La Porte, and which shall hereafter read as indicated on said attached Exhibits "F", "G",
"H" and "I"" respectively.
Section 8. Article III, Districts, Division 3, Commercial District Regulations, Section
106-441 Table A, Commercial Uses, and Section 106-443, Table B, Commercial Area
Requirements, of the Code of Ordinances of the City of La Porte, Texas are hereby
amended with the language contained in Exhibits "J" and "K", which are fully incorporated
by reference herein, and which shall hereafter be incorporated into the Chapter 1 06 of the
Code of Ordinances of the City of La Porte, and which shall hereafter read as indicated on
said attached Exhibits "J" and "K".
Section 9. Article V, Supplementary District Requirements, Division 3, Area
Requirements, Section 106-771 Yard Requirements of the Code of Ordinances of the City
of La Porte, Texas is hereby amended with the language contained in Exhibit "L", which is
ORDINANCE NO. 1501-a.
Page 4
fully incorporated by reference herein, and which shall hereafter be incorporated into the
Chapter 106 of the Code of Ordinances of the City of la Porte, and which shall hereafter
read as indicated on said attached Exhibit "l".
Section 10. Article VI, Off-Street Parking, Section 106-835, Design Standards of the
Code of Ordinances of the City of la Porte, Texas is hereby amended with the language
contained in Exhibit "M", which is fully incorporated by reference herein, and which shall
hereafter be incorporated into the Chapter 1 06 of the Code of Ordinances of the City of la
Porte, and which shall hereafter read as indicated on said attached Exhibit "M".
Section 11. Any person, as defined in Section 1.02(27) Texas Penal Code, who
shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and
upon conviction shall be punished by a fine not to exceed Two Thousand Dollars
($2,000.00). Each day a violation of this ordinance shall continue shall constitute a
separate violation.
Section 12. All rights or remedies of the City of la Porte, Texas, are expressly
saved as to any and all violations of any Zoning Ordinance or amendments thereto, of said
City of la Porte, that have accrued at the time of the effective date of this Ordinance; and
as to such accrued violation, the court shall have all the powers that existed prior to the
effective date of this Ordinance; and as to such accrued violation, the court shall have all
the powers that existed prior to the effective date of this Ordinance; and that all existing
violations of previous zoning ordinances which would otherwise become non-conforming
uses under this Ordinance but shall be considered as violations of this Ordinance in the
same manner that they were violations of prior zoning ordinances of said City of la Porte.
ORDINANCE NO. 1501 ~'RL
Page 5
Section 13. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to
be the intention of the City of Council to have passed each section, sentence, phrase, or
clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or
clause, or part thereof, may be declared invalid.
Section 14. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the city for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
Section 15. This Ordinance shall become effective fourteen (14) days after its
passage and approval. The City Secretary shall give notice to the passage of the notice
by causing the caption to be published in the official newspaper of the City of La Porte at
least twice within ten (10) days after the passage of the Ordinance.
PASSED AND APPROVED THIS THE) I-pI- DAY OF Q}fo W
,2002.
CITY OF LA PORTE
BY~!,~ ~/~
RMAN MALON , Mayor
ORDINANCE NO. 1501-f1..
Page 6
ATTEST:
APPRO~:D: !
By: (~fi!~~
KNOX W. ASKINS,
City Attorney
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public hearing at 6:00 P.M,
on the~"y of May,
2002, in the Council
Chambers of the City Hall,
604 West Fairmont Park.
82051 way, La Porte, Texas. The
La Por f~~~~:d~r t~~f~~go~~,'./, ..
dinance No. .1501 of the ",:;."<.;.;. ._..........._:,:::.:;:}.;;/; :.::::~:.:':.:<:::~':........
City of La Porte, pertaining ".".""""""""""': ':.'. . ......, .
to mid to high density resi- '11:' . '3' . .... .:..
d~ntial, develop~ent. ~he .',... ." . ..: :.:".i .:;::.~::-:: ,",
City of La Porte IS seeking .. H" .. .' . . ", :: . .. ':.. .';::
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~~.oPted by the City Coun- a.:.....,.....""'~'..:.<>...s'?'....:.~. ...........;:'::D./:.....:;:;......: re
~ .:.: . :';'. -', .:. - -/. ,:~.;.:
, . A special cal~ed ":,?':';;:,.:..,.:.:}::}:.;..:::::}{::.).~:.\:}
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Ing for the purpose of act- . J B.... 'J" ........ AS' 194'
ing upon e pub hear- mg T u ays wre rea znce 7
ing ite and t con~
other m It s e inin to
City of La P the Com I$si , - -
COUllty Or H Citiz S\'h;~~
State of Tex to address the c~mis-
sion pro or con during the
Public Hearing will be re-
Before me ' quired to sign in before the rthority on this date
I meeting is convened. '
came and a. '. 3110gg, a duly authorized
representati CITY OF LA PORTE ) Sun, a semi-weekly
newspaper I Martha Gillett lrally distributed in the
City Secretary
City of La PI>., .'!.i. Texas and who
after being c..THIS FACILITY HASDIS- the attached notice was
published inABILITY ACCOMMODA- dated U 5/1 r /~.oo;;- "
TIONSAVAILABLE. RE. 'I
QUESTS FOR. ACCOM-
MODA TIONS FOR IN-
THE STATE OF TEXAS TERPRETIVE SERVICES
A T MEETING SHOULD
COlJ~TYOFHARRis . ~~/O~A~~ ;~E H~~::'
ING. PLEASE CONTACT
. THE CITY SECRETARY'S
OFFICE AT 281-471-5020
OR TDD LINE 281-471-
5030 FOR FURTHER IN-
FORMATION.
~~ riUr'Sf
CITY OF LA PORTE
NOTICE OF PUBLIC
HEARING
In. accordance
with the provisions of Sec-
tion 106.171 of the Code
of Ordinance of the City of
La Porte, and the provi-
sions of the Texas Local b 'b d b f th' fI,.III
Government Code, notice j scn e e ore me IS L
is hereby given that the La .J.,
Porte Planning and Zoning A /} f;.
Commission will conduct a.;.L,.-(~\...,t.d./-.' ,'P:,
.~
Karolyn Kellogg
Authorized Representative
A ..,9- .j
day of ~<:~"'<-;'Y'J'~A_-
.,/ .
L1 . /"./"'-"'Lt:~...
~-t_,..~ :l- t ...~/. ,(.,-~ C'~.' - ....
. - ,~~,;
Sandra E, Bumgarner
Notary Public
Harris County, Texas
281-471-1234
Fax: 281-471-5763
Sun
, 2002.
B1iiuIAIT 4
City of La Porte
Established 1892
] ,..,..., ""00""
une L. I, L. L.
Honorable Mayor Norman Malone and City Council
City of La Porte
Dear Mayor Malone:
During a special meeting on May 30, 2002, the La Porte Planning and Zoning
Commission, held a public hearing to consider additional regulations for mid to high
density residential development.
The Planning and Zoning Commission, by unanimous vote, forwarded our
recommendations for your review. This item has appeared on the Council's June 10th
and 24th agendas as a workshop item, and it will appear on the July 8, 2002 agenda for
your consideration.
Respectfully submitted,
~~~~
Planning and Zoning Commission, Chairperson
c: Robert T. Herrera, City Manager
Jolu1. Joerns, Assistant City Manager
John Armstrong, Assistant City Attorney
Planning w1.d Zoning Commission
Doug Kneupper, Director of Planning
604 W. Fairmont Pkwy. · La Porte, Texas 77571 . (281) 471-5020
iEXHlsrr B
PUBLIC NOTICES
~
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC
HEARING
accordance
with the provisions of Sec-
tion 106-171 of the Code
of Ordinances of the City
of La Porte, and the provi-
sions of the Texas Local
Government Code,' notice
is hereby given that the La
Porte City Council will con-
duct a public hearing at
6:00 P.M. on the 23rd day
of September,. 2002, in
the Council Chambers of
the City Hall, 604 West
Fairmont Parkway,. La
Porte, Texas. The piJrpose
~~:.i~9g~.iJf:. ~
to high dens~1 ential
development. The . ity of
La Porte is. seeking this
amendment based - on'
Resolution #2002-20
adopted by City Council.
"A r~g~lar rTieet~
ing of the City Council will ..... .
follow the.. public hearingC
for the purpose. of acting
upon the public . hearing
items and.to conduct other'
, matter pertaining to City
Council.
Citizens wishing
to address the City Council
pro or con during the Pub-
lic Hearing will be required'
to sign in before themeet-
ing is convened.
CITY OF LA PORTE
Martha Gillett
City Secretary
Street
; 77571
281-471-1234
Fax: 281-471-5763
~
~
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B&1Siire SUD
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'\::::::!::i::!!:!!::::!!.i::)'ii.;:'::i;;i:.:ii:i:::!!I;}Jv"
'Serving The Bayshore Area Since 1947'
rsigned authority, on this date
Karolyn Kellogg, a duly authorized
3 Bayshore Sun, a semi-weekly
j and generally distributed in the
ris Coun.ty, Texas and who
n, swears the attached notice was
'shore Sun dated~ '7/ CS? /~c(J~..
,
J(~ ~CtIJe
.~lt.
Karolyn Kellogg
Authorized Representative
"
day of JJ.$-rl<--/~,,-
. i/
/4l.--t-~-1..""'v A, ~-<-'Y"' ~~/1.."1.U""""""'"
Sandra E. Bumgarner ()
Notary Public
Harris County, Texas
, 200 2.
j before me this
/ t.., "'[1!
THIS FACILITY HAS DIS.
ABLED ACCOMMODA.
TlONS AVAILABLE. RE.
QUESTS FOR ACCOM.
MODA TIONS FOR IN.
TERPRETIVE SERVICES
A T MEETINGS SHOULC
BE MADE 48 HOURS
PRIOR TO THE MEET. ~..................................................~
. ING. PLEASE CONTAC7 X
THE CITY SECRETARY'S BUMGARNER ~
OFFICE AT 281-471. ;C STATEOFTEXAS ~
5020 OR TOO LINE 281. '\SS\ON EXPIRES ~
471-5030 FOR FURTHEFi L 30 2006 X
INFORMATION. ' :r...................j)
:r......................................./.:
g.........................................../........................../.:
')
EXHIBlT C
EXHIBIT "0"
ARTICLE I. IN GENERAL
Sec. 106-1. Definitions.
The following words, terms and phrases, when used in this chapter shall have the meanings
ascribed to them in this section, except where the context indicates a different meaning:
Abutting means having property or district lines in common, or two objects in immediate contact.
Access means of approaching or entering a property, includes a right of passage to and from an
adjacent street.
Accessory structure means a detached, subordinate structure, the use of which is clearly
incidental and related to that of the principal structure or use of the land, and which is located in the same
lots as that of the principal structure or use.
Accessory use or building. An "accessory use or building" is one customarily a part thereof, which
is clearly incidental and secondary to permitted use and which does not change the character thereof,
including but not limited to garages, carports, bathhouses, greenhouses, tool sheds, or swimming pools.
Alley means a public way which, when at least 20 feet in width, may be used for vehicular service
access to the back or side of properties otherwise abutting on a street or highway.
Apartment. See dwelling, multi4amily.
Bed and breakfast means a building, the primary use of which is a single-family residence, in
which sleeping rooms are available for overnight rental, subject to the restrictions in section 106-744.
Boardinghouse means a building, built and/or used for residential purposes, where meals for five
or more persons are served for compensation.
Buildable area means the area of the building site left to be built upon after the required yard area
has been provided.
Building means any structure built for the support, shelter, or enclosure of persons, chattels or
property of any kind and which is affixed to the land.
Building codes means all building regulations referred to as the Southern Building Code
Congress International (S.B.C.C.I) as amended from time to time and adopted under the city Code of
Ordinances.
Building inspector means the designated chief building official of the city or his designated
representatives. Also see enforcing officer.
Building line. See setback line.
Building permit means an instrument in writing signed by the building inspector authorizing
described construction on a particular lot. Refer to the Southern Building Code Congress International
(S.B.C.C.I.) for additional information.
Business frontage means the linear measurement of the side of the building which contains the
primary entrance of the building.
Carport means a roofed structure, freestanding or attached to another structure designed to
provide covered parking for vehicles. A carport shall have no enclosing walls. A structure shall not be
considered to be a carport unless it is located directly over a driveway.
Clinic means an institution, public or private, or a station for the examination and treatment of
patients by an individual or group of doctors, dentists, or other licensed members of a human health care
profession.
Controlled access highway means any thoroughfare which is a high volume freeway (without
signalization on principal lanes) designed for four to eight main lanes and four service lanes with a right-
of-way capacity that allows two to four additional lanes.
Controlled access highway corridor means a corridor extending 500 feet to either side of the right-
of-way of a controlled access highway as designated on the city's land use map.
Notes:
The definition of Controlled Access Highway (with some minor rephrasing) was taken from
Volume One, Section 1.3 of the city's comprehensive plan.
Controlled access highway corridors are established on the city's land use map and
designated by a cross hatched highlight. State Highway 225 and New State Highway 146
are the only thoroughfares within the city presently designated as controlled access
highways.
Interim sign regulations. Signs located within a controlled access highway corridors shall be
limited to a maximum height of 65 feet.
Commercial amusement or recreation means an enterprise whose main purpose is to provide the
general public with an amusing or entertaining activity, where tickets are sold or fees collected at the
gates of the activity. Commercial amusements include zoos, carnivals, expositions, miniature golf
courses, driving ranges, arcades, fairs, exhibitions, athletic contests, rodeos, tent show, ferris wheels,
children's rides, roller coasters, skating rinks, ice rinks, traveling shows, bowling alleys, pool parlors, and
similar enterprises.
Commercial motor vehicle means any motor vehicle designed or used for the transportation of
persons or property for hire, with a rated carrying capacity in excess of one ton, including every vehicle
used for delivery purposes.
Common property means a parcel or parcels of land, together with the improvements thereon, the
use and enjoyment of which are shared by the owners and occupants of the individual building sites.
Condominium means two or more dwelling units on a lot with individual ownership of a unit rather
than a specific parcel of real property; together with common elements. See V.T.C.A., Property Code
81.001 et seq., and the building code adopted in section 82-31.
Conservation area means a designation on the land use and zoning maps representing an area
of natural undeveloped land, characterized by scenic attractiveness. When so designed, all conservation
areas require a minimum setback of 20 feet from the edge of the stream or bayou bank, right-of-way line,
or other natural features.
Convalescent home means any structure used or occupied by three or more persons recovering
from illness or receiving geriatric care for compensation.
Comer lot means a lot abutting upon two or more existing or proposed street rights~of-way at their
intersections.
Curb means a restraint located upon the edge of a parking lot, not necessarily continuous, that
restrains automobiles or other vehicles from access to an adjoining street, sidewalk, alley way, adjacent
property, or other adjoining use. As defined in this chapter, the term "curb" includes a generic precast
concrete curb stop.
Density means the measure of a degree to which land is filled with units designed to
accommodate a particular use as such use is set forth in this chapter. Measurements allow inclusion of
internal streets and public ways required to be dedicated in calculating density per acre. Streets
dedicated, improved and accepted prior to platting or the property shall not be counted.
Developed site area means that area which is being developed as per definition by the
development ordinance.
Development ordinance means the city development ordinance, being Ordinance No. 1444,
together with any amendments thereto.
Director means that person holding the position of director of the planning department for the city
or his designated representative.
District means a zoning district which is a part of the city wherein regulations of this chapter are
uniform.
Dormitory means a space in a unit where group sleeping accommodations are provided with or
without meals for persons not members of the same family group in one room or in a series of closely
associated rooms under joint occupancy and single management, as in college dormitories, fraternity
houses, military barracks, and ski lodges.
Duplex means a building built for, occupied by, or intended for the occupancy of two families, and
containing two dwelling units.
Dwelling means a building or portion thereof other than manufactured housing or recreational
vehicles, designed and used exclusively for residential occupancy, including one-family dwellings, two-
family dwellings, and Tl'll.lRi-family dwellings, but not including hotels, motels or lodginghouses.
Dwelling, attached means a dwelling which is joined to another dwelling at one or more sides by
party wall or walls.
Dwelling, detached means a dwelling which is entirely surrounded by open space on the same
building lot.
Dwelling, single~family means a residential building, other than manufactured housing or
recreational vehicles designed for occupancy for one family only.
Dwelling, multi-family means a residential building designed for occupancy of three or morc
f3miliesrl1ore.thahfour.faniilies, with the number of families not to exceed the number of dwelling units.
Dwelling, two~family. Refer to duplex.
Dwelling unit means a single unit providing complete, independent living facilities for one or more
person including permanent provisions for living, sleeping, eating, cooking and sanitation.
Efficiency apartment means an apartment without a bedroom separate from other living quarters.
Enforcing officer means the chief building official of the city or his designated representative.
Family means any number of related persons or, not more than four unrelated persons living as a
single housekeeping unit.
Fence means a man made structural barrier erected on or around a piece of property or any
portion thereof.
Floor area means the sum total area of all floors as calculated from measurements to the outside
walls.
Foundation system means an assembly of materials constructed below, or partially below-grade,
not intended to be removed from its installation site, which is designed to support the structure and
engineered to resist the imposition of exterior natural forces, as defined by the Standard Building Code.
Such foundation system shall be skirted or enclosed with wood, or masonry to give the appearance of a
solid foundation, if one is not provided, compatible with the appearance of adjacent housing.
Freestanding sign means an outdoor sign supported by uprights or braces placed in or upon the
ground, or mounted on a vehicle, trailer, or mobile structure principally used for the purpose of advertising
or display of information. For the purpose of this chapter, a portable sign shall be considered to be a
freestanding sign.
Garage, private means an accessory building designed or used for the storage of motor vehicles
owned and used by the occupants of the building to which it is an accessory.
Garage, public means a building or portion thereof, other than a private or storage garage,
designed or used for servicing, repairing, equipping, hiring, selling, or storing motor driven vehicles.
Glare means emitted light which exceeds 60 footcandles.
Grade means a referenced plane representing the average of finished ground level adjoining the
building and all exterior walls.
Grand opening means the formal offering by a new business of its goods, wares, merchandise,
service, entertainment, or activity.
Greenway corridor means a publicly owned system of trails and walkways, patterned in the open
space and pedestrian system plan, and is designated on the land use map, park zone map, and zoning
map of the city, that link existing and proposed neighborhood, community, and regional parks with each
other and other proposed activity areas of the city. These trails and walkways, are in their majority within
existing right-of-way, but may be within proposed right-of-way to be acquired by the city. Greenway
corridors are a special use site, as said special use site is defined in the city's development ordinance,
section 12.07.
Group care facilities means residential facilities designed to provide a transition from traditional
treatment facilities to normal daily living for special populations such as the mentally retarded, physically
handicapped, or substance users. These facilities include but are not limited to half-way houses and
group homes. .
Hardship means a determination made by the zoning board of adjustment in hearing a variance
request in accordance with section 106-192.
Height of building means the vertical distance from grade to the highest finished roof surface in
the case of flat roofs, or to a point at the average height of roofs having a pitch of more than 2.5/12;
height of a building in stories does not include basements and cellars, except as specifically provided
otherwise.
Home occupation means an occupation limited to custom production, repairing, and servicing,
conducted at a dwelling unit, provided it conforms to the requirements in section 106-749, and provided
that said occupation does not involve general retail sales.
Home owners association means an incorporated, nonprofit organization operating under
recorded land agreements through which (a) each lot and/or homeowner in a planned unit or other
described land area is automatically a member, (b) each lot is automatically subject to charge for a
proportionate share of the expenses for the organization's activities, such as maintaining a common
property, and (c) the charge, if unpaid, becomes a lien against the property.
Hospital, sanitarium, nursing or convalescent homes mean a building or portion thereof, used or
designed for the housing or treatment of sick, aged, mentally ill, injured, convalescent or infirm persons;
provided that this definition shall not include rooms in any residential dwelling, hotel, or apartment hotel
ordinarily intended to be occupied by said persons.
Identification sign means any sign which carries only the firm, business or corporate name, the
major enterprise on the premises, or the principal products offered for sale on the premises.
Industrial housing and buildings means a residential or commercial structure that is constructed in
one or more modules or constructed using one or more modular components, built to the specifications of
the Texas Department of Licensing and Regulation (T.D.L.R.) Rules and Regulations and designed to be
placed on a permanent foundation system consistent with the above requirements. Such industrialized
house or building must bear a T.O.L.R. approved decal or insignia permanently affixed to each
transportable section or component of each industrialized house or building to indicate compliance with
the state standards. An industrialized house or building is not a mobile or manufactured home as defined
herein.
Landscaped means adorned or improved by contouring land and placing thereon live flowers,
shrubs, trees, grass, wood, stone, and ponds or streams.
Light truck means any truck, as defined in this chapter, with a limited manufacturers rated
carrying capacity. This definition is intended to include those trucks with such rated carrying capacity
being not in excess of one ton, panel delivery trucks and carryall trucks.
Loading berth means a parking area provided for commercial motor vehicles, designed for the
receipt or distribution by such vehicles of materials or merchandise to or from the use to which such
parking area is accessory.
Lot area per dwelling unit means the lot area required for each dwelling unit located on a building
lot.
Lot, corner means a building lot situated at the intersection of two existing or proposed street
rights-of-way, the interior angle of such intersection not exceeding 135 degrees.
Lot coverage means the area under roof on any given lot.
Lot, depth means the mean horizontal distance between the front lot line and the rear lot line of
the building lot measured within the lot boundary.
Lot, interior means a building lot other than a corner lot.
Lot line means a boundary of a building lot.
Lot line, front means that boundary of a building lot which is the line of an existing or dedicated
street. Upon corner lots either street line may be selected as the front lot line providing a front and rear
yard are provided adjacent and opposite, respectively to the front lot line.
Lot line, rear means that boundary of a building lot which is most distant from and is, or is most
nearly parallel to the front lot line.
Lot line, side means any boundary of a building lot which is not a front lot line or a rear lot line.
Lot of record means an area of land designated as a lot on a plat of a subdivision recorded
pursuant to statutes of the state with the county clerk or an area of land held in single ownership
described by metes and bounds upon a deed recorded or registered with the county clerk.
Lot, residential large means a homesite for a single-family home that is comprised of at least one
acre (43,560 square feet). Minimum lot width shall be 100 feet.
Lot, single-family dwelling, special means any residential lot for single-family dwelling purposes
with an area of less than 6,000 square feet, but greater than 4,500 square feet.
Lot, through means a building lot not a corner lot, both the front and rear lot lines of which adjoin
street lines. On a through lot both street lines shall be deemed front lot lines.
Lot, width means the minimum distance measured in a straight line between the side lot lines of a
building lot along a straight line, which shall be on the side of the building.
Manufactured housing means a structure, transportable in one or more sections, which in the
traveling mode is eight body feet or more in width or 40 feet in length, or, when erected on-site, is 320 or
more square feet in size and which is built on a permanent chassis and designed to be used as a dwelling
with or without a foundation system when connected to the required utilities, and includes the plumbing,
heating, air conditioning, and electrical systems contained therein. Such manufactured housing mayor
may not be constructed under H.U.D. specifications.
Manufactured housing parks means a development under single ownership intended for the
rental or leasing only of manufactured housing units.
Manufactured housing subdivision means a subdivision designed andlor intended for the sale of
lots for residential occupancy by manufactured housing meeting H.U.D. specifications as established
under the National Manufactured Housing Construction and Safety Act.
Mobile home means a structure that was constructed before June 15, 1976, transportable in one
or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more
in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis
and designed to be used as a dwelling with or without a permanent foundation when connected to the
required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.
Multi-family residential deveJopmen
within one or more structures. This includes
ans the use of a lot for more than four dwelling units,
partment complex.
National Manufactured Housing Construction and Safety Act of 1974 means the federal act which
governs the standards for construction, design, and performance of manufactured homes or mobile
homes built in the United States since June 15, 1976 defined as homes meeting H.U.D. specifications.
New business means a project or undertaking which involves the use of any property, building, or
structure, permanent or temporary, for the primary purpose of conducting in such building or structure or
on such property a legitimate commercial enterprise or other nonresidential use, in compliance with all
ordinances and regulations of the city and when such project or undertaking is new to the premises.
Provided however, a change in ownership of at least 50 percent of the ongoing project or undertaking
shall constitute a new business, for the purposes herein and, provided further, expansion of an existing
building or structure shall constitute a new business if such expansion increases the size of the area
devoted to primary use, in building floor square footage, by not less than 50 percent.
Occupancy means any utilization of property.
Office trailer means a structure, transportable in one or more sections which is built on a
permanent chassis and intended to be used for office space or storage with or without a permanent
foundation system and with or without utility connections.
Off-premises sign means any sign which directs attention to any business, commodity, service or
entertainment offered elsewhere than on the premises where such sign appears.
On-premises sign means any sign which directs attention to a business, commodity. service or
entertainment offered on the same premises where such sign appears.
Open space means the area, excluding parking, street, alley, service walk or other service areas,
but including any side, rear, or front yard or any unoccupied space on a lot that is unobstructed to the sky,
except for the ordinary projections of cornices. eaves, porches or trellises. Developed open space shall
be defined as recreational space developed with facilities for either active or passive recreation not within
any required yard.
Parking space means a surfaced area, designed to control dust and moisture, enclosed or
unenclosed, sufficient in size to store one automobile together with a surfaced driveway connecting the
parking space with the street or alley permitting ingress and egress of an automobile. A parking space or
any requisite maneuvering area incidental thereto shall not occupy any public right-of-way.
Party wall means a fire wall on an interior lot line, used or adapted for joint service between two
buildings.
Planned unit development means a land area characterized by a unified site design which (a) has
individual building sites and provides common open spaces, and (b) is designed to be capable of
satisfactory use and operation as a separate entity without necessarily having the participation of other
building sites or other common property. The ownership of the common property may be either public or
private. It may be a single planned unit development as initially designed; or as expanded by annexation
of additional land area; or a group of contiguous planned unit developments, as separate entities or
merged into a single consolidated entity.
Pole trailer means every vehicle without motive power designed to be drawn by another vehicle
by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and
ordinarily used for transportation of long or irregularly shaped loads such as poles, pipes, or structural
members capable, generally, of sustaining themselves as beams between the supporting connections.
Political sign means a temporary sign announcing, supporting or opposing political candidates,
dates or issues in connection with any national, state or local election.
Portable sign means a sign which is not permanently and rigidly affixed or attached to the ground
and is designed or constructed to be easily moved from one location to another, including signs mounted
upon or designed to be mounted on a trailer, wheeled carrier, or other nonmotorized mobile structure.
This definition shall also include any vehicle or trailer parked so as to be visible from a public right-of-way
for the primary purpose of advertisement of products or directing people to a business or activity located
on the same or nearby property or any other premises.
Public improvements criteria manual (P.I.C.M.) means the set of standards set forth by the
director of planning and approved by the city council to determine the specific technical requirements for
construction to public improvements. The manual may be acquired from the community development
department, and is on file in the city secretary's office.
Public parks means any publicly owned park, playground, beach, parkway, or railroad within the
jurisdiction and control of the city.
Public service sign means the following types of signs and no others shall be considered to be
public service signs.
(1) Signs identifying and naming the location of churches, schools and other nonprofit
organizations;
(2) Signs identifying and naming the location of public facilities; and
(3) Community information signs which provide information regarding community functions
and activities.
Signs which display commercial advertising in conjunction with public service information shall not be
considered to be public service signs except that a person, firm, or organization who donates or otherwise
provides a public service sign may be identified on such sign in a means which is clearly incidental to the
primary message.
Quadraplex means four single-family dwelling units joined by common sidewalls, and/or common
floors/ceilings.
Ranch trailer means a vehicle with or without motive power other than a pole trailer designed for
carrying livestock, ranch implements, or other moveable personal property attendant to the business or
recreational use of the raising of livestock or crops.
Reader panel means any and all portions of any sign on which text, graphics or pictures are
displayed. In the case of double faced reader panels, only one side shall be considered in the calculation
of sign size.
Recreational vehicle means a camp car, motorhome, trailer, or tent trailer with or without motive
power, designed for human habitation or recreational occupation, having less than 320 square feet.
Rest home or nursing home means a private home for the care of the aged or infirmed or a place
of rest for those suffering bodily disorders. Such homes do not contain facilities for surgical care or the
treatment of disease or injury.
Roofline means the height above finished grade of the upper beam, rafter, ridge or purfin of any
building.
Semi-trailer means every vehicle, with or without motive power, other than a pole trailer or ranch
trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so
constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
Setback line means the closest point to any property line or utility easement which may be
occupied by a structure.
Setback, sign measurement means the closest point to any property line which may be occupied
by any sign, as defined by this chapter. This point shall be determined by measuring perpendicularly from
adjacent property lines.
Shall is always mandatory; may is always permissive.
Shipping containers means sealable shipping containers, designed for intermodal transportation,
either with or without a permanent affixed chassis, used in intrastate, interstate and international
commerce for the shipment of goods and merchandise.
Shopping center or integrated development means a development consisting of two or more
interrelated business establishments using common driveways and on-site parking facilities.
Sight triangle means the triangular shaped area of clear visibility located at all intersections
including private driveways. The area of the triangle shall be determined by engineering standards.
Sign means any word, number, figure, device, design or trademark by which anything is made
known, as used to designate an individual, firm, profession, business, or a commodity and which is visible
from any public street. Refer to S.B.C.C.I. for additional definitions. For the purpose of this chapter, a sign
is a structure.
Single-famil esidential. development means a gr
or detached).. This i ludes single family residential subdivlSI
ingle':family dwelling units (attached
Single-family residential, large lot means any single tract or lot comprised of at least 43,560
square feet of property, located in R-1 zone, whose primary use is for a single-family dwelling unit.
Site area per unit means the total area, including public and private streets, for a proposed
development divided by the total number of units proposed. Used to determine the maximum density
permitted for a development.
Site plan, certified means, in the case of all uses, a scaled drawing showing the use of the land to
include locations of buildings, drives, sidewalks, parking areas, drainage facilities, and other structures to
be constructed in relationship to surveyed boundaries. Such site plan shall be certified by a registered
engineer or surveyor, licensed as such in the state. Under the terms of the development ordinance
number 1444 on file in the city secretary's office, when a development site plan is required, such
development site plan shall be prepared in accordance with the terms of such ordinance and shall be
accepted as a certified site plan as required herein.
Special exception means only those exceptions provided for under section 106-191.
Standard Industrial Classification Code (SIC) means the numerical code established by the U.S.
Department of Commerce and used in the Standard Industrial Classification Manual, 1987 as amended
and supplemented.
Street, private means a vehicular access way, under private ownership and private maintenance,
providing access to buildings containing residential dwelling units without direct access to an approved
public street right-of-way, or a public right-of-way, however designated, dedicated or acquired, which
provides vehicular access to adjacent properties. Alleys, parking lots, and private driveways within
shopping centers, commercial areas, or industrial developments shall not be considered as streets.
Street, public means a public right-of-way, however designated, dedicated, or acquired, which
provides vehicular access to adjacent properties.
Street, thoroughfare means a public street designed for heavy traffic and intended to serve as a
traffic artery of considerable length and continuity throughout the community and so designated on the
city's thoroughfare plan.
Structure means that which is built or constructed.
Structure, principal means the principal structure which fulfills the purpose for which the building
plot is intended.
Substantial improvements means any repair, reconstruction, or improvement of a structure, the
cost of which equals or exceeds 50 percent of the market value of the structure as determined by a
licensed appraiser, either (a) before the improvement is started, or (b) if the structure has been damaged
and is being restored, valuation before the damage occurred. Substantial improvement is started when
the first alteration of any structural part of the building commences.
Temporary sign means a sign not to exceed 18 inches by 24 inches in size which is intended for
a limited period of display.
Townhouse means one of a group of no less than three nor more than 12 attached dwelling units
constructed in a series or group of attached units with property lines separating such units.
Trailer means every vehicle, with or without motive power, other than a pole trailer or ranch
trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so
constructed that no part of its weight rests upon the towing vehicle.
Truck means any motor vehicle designed, used or maintained primarily for transportation of more
than nine persons or property.
Truck tractor means every motor vehicle designed and used primarily for drawing other vehicles
and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
Used or occupied, as applied to any land or buildings, shall be construed to include the words
"intended, arranged or designed to be used or occupied."
Yard means an open space on the same building lot with a building, unoccupied and
unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In
measuring a yard for the purpose of determining the width of a side yard, the depth of a rear yard, and the
depth of a front yard, the minimum horizontal distance between the building site and the lot line shall be
used. A yard extends along the lot line and at right angles or radial to such lot line to a depth of width
specified in the yard regulations of the zoning district in which such building lot is located.
Yard, front means a yard extending along the whole of the front lot line between the side lot lines,
and being the minimum horizontal distance between the front lot line and the front of the principal building
or any projections thereof other than stairs, unenclosed balconies, or unenclosed porches. In the case of
the lots directly adjacent to the shoreline of Galveston Bay, the front yard shall be the yard extending
along the whole of the lot line directly adjacent to the shoreline of Galveston Bay, and along the horizontal
distance between the front lot line and the front of the principal building or any projections thereof, other
than steps, unenclosed balconies, or unenclosed porches.
Yard, rear means a yard extending across the rear of a lot between the side lot lines and being
the minimum horizontal distance between the rear lot line and the rear of the principal building or any
projections thereof other than steps, unenclosed balconies or unenclosed porches.
Yard, side means a yard extending along the side lot line from the front yard to the rear yard,
being the minimum horizontal distance between any building or projections thereof except steps and the
side lot line.
Zoning district map means the map or maps incorporated into this chapter as a part hereof by
reference thereto.
Zoning permit means a written instrument signed by the enforcing officer authorizing a use
described in this chapter, in conformance with section 106-142.
Words or phrases not defined in this section shall have their ordinarily accepted meaning as the
context may imply.
EXHIBIT "E"
ARTICLE II. ADMINISTRATION
DIVISION 4. PERMITS
Sec. 106-141. Building permit application.
Every application for a building permit shall be accompanied by a certified site plan in
accordance with the terms of the development ordinance of the city, together with such
other copies as the enforcing officer may require for city review, showing the lot lines,
subdivision name and the lot and block numbers, the location of the building on the lot,
accurate dimensions of building and lot, and such other information as may be
necessary to provide for the enforcement of zoning regulations. This plan shall be
prepared after the lot has been staked by a licensed surveyor. A record of the original
copy of such application and plans shall be kept in the office of the enforcing officer and
a duplicate copy of the approved plan shall be at the building at all times during
construction.
Sec. 106-142. Zoning permits.
In order to ensure that all new construction and the use of all existing and new
structures and the use of land shall comply with the terms of these regulations, a zoning
permit shall be required in accordance with the rules in section 106-143.
Sec. 106-143. Application for zoning permit.
An application for a zoning permit shall be filed in the office of the enforcing officer on
forms provided by the enforcing officer. Upon approval, a zoning permit shall be issued
stating that the building or proposed use of a building or premises complies with the
provisions of this chapter. A permanent record of all such permits shall be kept on file in
the office of the enforcing officer, and copies shall be furnished, on request, to any
person having proprietary or tenancy interest in the building affected.
Sec. 106-144. Zoning permit to establish new use or change of use of property.
No vacant land shall be occupied or used, except for agricultural purposes, and no
building hereafter erected, reconstructed, altered, or enlarged, shall be occupied or
used nor shall any building have a change in its use or occupancy until a zoning permit
shall have been issued by the enforcing officer stating that the building or proposed use
of the building or premises complies with the provisions of this chapter.
Sec. 106-145. Zoning permit and building permit.
A zoning permit shall be applied for coincident with the application for building permit; it
shall be issued within ten days after the erection, addition, or alteration of such building
or use has been completed in conformity with the provisions hereof, as determined by a
final inspection. The enforcement officer shall not issue a zoning permit for any use or
structure not in conformance with this chapter or any other ordinance of the city in
accordance with state law.
Sec. 106-146. Zoning permit for nonconforming uses, lots and structures.
A zoning permit shall not be required but may be applied for and shall be issued for
nonconforming uses, lots, or structures. However, in the event of any subsequent
application or building permit or of any change in occupancy the enforcing officer may
require other evidence that the nonconforming use, lot, or structure legally existed prior
to the effective date such property became subject to the terms of these regulations.
Sec. 106-147. Certificate of existing conforming uses.
A zoning permit shall not be required but may be applied for and shall be issued for any
existing use of land or structure which conforms to the requirements of these
regulations. .
Sec. 106-148. Utility connections; prior zoning permit approval required.
For all new construction and the use of all existing and new structures, no public utilities
under the city's direction and control shall be connected to such building or structure
until the zoning permit approval required by this chapter has been granted.
Sec. 106-149. Application fees.
All written requests shall be accompanied by a filing fee sufficient to offset all costs of
publication and notice required by statute or ordinance but in no event less than the
amount established by the city council and listed in appendix A.
Sec. 106-150.. Bond and Insurance Requirements.
1) . for developments of less than 100 units, $500,000.
(b) Th
serve as
standard
the City
necessa
disrep .
build in
(c) Each bond
evidence of renewa
ocableletter of credit shall be renewable every five years,. with
urnished to the city.
p curren e
certificat of
(e) Eac
purcha
policy naming
$1,000,000.0 or the Ii
apartment complex itself.
ired to
iability
u nt of
nd/orthe
EXHIBIT "F"
ARTICLE III. DISTRICTS
DIVISION 2. RESIDENTIAL DISTRICT REGULATIONS*
Sec. 106-331. Table A, residential uses.
Subdivision I. Generally
P (ABC) -- Permitted uses (subject to designated criteria established in section 106-334).
P -- Permitted uses.
A -- Accessory uses (subject to requirements of section 106-741)
C -- Conditional uses (subject to requirements of sections 106-216 through 106-218 and
designated criteria established in section 106-334 as determined by the planning and
zoning commission).
* -- Not allowed.
Uses (SIC Code #)
Agricultural production, (011-019 crops)
Agricultural production, (027 animal spe-
cialties - breeding or sale)
Bed and breakfast as defined by section 106-1
Breeding kennels, private stock, limited to
dogs and cats, large lot residential
Domestic livestock--Large lot
Industrialized housing on a permanent
foundation
Single-family dwelling, detached
Single-family dwelling, special lot
Single-family dwellings, zero lot line (patio
homes, etc.)
ble bungalows
elling units)
Townhouses
Conversion of single-family dwellings to
duplexes (or no more than two-family
dwellings)
Tri-plexes and quadraplexes
(three and four-family dwelling units)
Multi-family (more than four dwelling
units)
Modular housing on a permanent founda-
tion system as defined in section 106-1
Zones
R-1 R-2 R-3
P P P
C * *
C C C
A A C
A A A
P P P
P P P
* P P
* P P
* P P
* PO> pm
* P P
MH
P
*
c
A
P*
P
P
*
*
*
* P(I> P(I)
* * PO) *
P P P P
Manufactured housing subdivisions re- .. C C P
stricted to H.U.O. certified mobile homes;
min. width 20 feet, min. shingled roof pitch
3: 12, permanentfoundation system; siding
similar to surrounding residential
Manufactured housing subdivisions (re- C .. P
stricted to H.U.O. certified mobile homes
on permanent foundation systems)
Manufactured housing parks .. P(F, 0)
Manufactured housing .. .. .. P
Group care facilities no closer than 1,000 .. .. C ..
feet to a similar use (836)
Childcare home in private home (services P P P P
no more than 6)
Oaycare centers (services more than 6) .. P P P
(835)
Freestanding on-premises identification See article VII of this chapter
sign; townhouses, multi-family develop-
ments, group care facilities, subdivisions,
education and religious facilities
Residential PUO (refer to section 106-636) .. C C C
Public parks and playgrounds P P P P
Recreational buildings and community cen- C p P P
ters (832)
Religious institutions (866) C P(AB) P(AB) P(AB)
Public or private educational institutions C P P P
limited to elementary, junior and senior
high (8211)
Junior colleges and technical institutes .. C P
(8222)
Boardinghomes (7021) .. P P ..
Civic, social and fraternal organizations .. .. C
(8641 )
Convalescent homes, sanitarium, nursing .. P
or convalescent homes (805)
Private garages, carports and off-street A A A A
parking (associated with residential uses)
Storage of recreational vehicles or boats A A A A
Storage of equipment in an accessory A A A A
building or behind a screening device
Home occupations A A A A
Noncommercial greenhouses A A A A
Noncommercial recreation facilities associ- A A A A
ated with residence
Toolhouses, sheds, storage building (non- A A A A
commercial associated with residence)
Boarding or renting of rooms (1 person A A A A
max.)
Off-street loading (refer to section 106-840) * * A
Off-street parking (refer to See article VI A A A A
of this chapter)
Petroleum pipelines (restricted to existing P P P P
pipeline corridors)
Residential density bonus, as provided in C C C C
section 106-334(g)
Secondary dwelling units C P P *
EXHIBIT "G"
ARTICLE III. DISTRICTS
DIVISION 2. RESIDENTIAL DISTRICT REGULATIONS
Subdivision I. Generally
Sec. 106-333. Table B, residential area requirements.
(a) Table B, residential area requirements.
Maximum
Lot
Minimum Minimum Minimum Minimum Minimum Coverage /
Lot Lot Yard Site Development Minimum
Area / D.U. Width Setbacks Maximum Area / Unit Open Space / Landscaping
Uses SF L.F. L.F. F.R.S. Height SF Unit SF Required
B 2, 3, 4, 5, 6, 10 16 17 18
11,12, 13,14. 15
Single-family detached 6000 50 25-15-5 35 Ft. 9100 40%/N/A
4.8
Single-family large lot 43560 100 25-15-5 45 Ft. DU/A 30%/N/A 0
4356
1.0
Single-family special lot 4500 40 20-10-0 35 Ft. DU/A Footnote 60%/N/A
line. 0 lot line 7300 #1
6.0
Duplexes 6000 60 25-20-20 45 Ft. DU/A Footnote 60%/N/A
8.0 #1
Single-family converted 6000 50 20-1 0-5 35 Ft. DU/A N/A 50%/N/A
to multj.family N/A
Townhouses, 2000 20 25-20-20 45 Ft. 4400 Footnote 75%/25%
quadraplexes (10,000 s.f DU/A #1
of site area 100 ft. wide) 10.0
Multi-family 20000 100 25-20-20 45 Ft. 1600 ~ 60%/25%
14 Footnote
QUIA #1
Manufactured housing 4500 40 20-10-5 25 Ft. 7300 Footnote 60%/6%
6.0 #1
QUIA
Manufactured housing 100 of front N/A N/A N/A N/A N/ A/N/ A
subdivision or parks (5 road frontage
acre min.)
Group care facilities (less 25-20-10 25 Ft. N/A N/A N/A/6%
than 6) and day care
homes
Public or private educa- 30-20-10 45 Ft. N/A N/A N/A/6%
tional and religious insti-
tutions, large group care
facilities, daycare cen-
ters, recreational build-
ings, boarding, and nur-
sing homes
Freestanding on-prem-
ises signs See article VII of this chapter
Table B footnotes.
1.
Lot Size
5000 - 6000 Sq. Ft.
4000 - 4999 Sq. Ft.
3000 - 3999 Sq. Ft.
2000 - 2999 Sq. Ft.
Required Developed
Open Space / Lot
200 Sq. Ft.
300 Sq. Ft.
400 Sq. Ft.
500 Sq. Ft.
a. Minimum size of developed open space:
(i) tbt01ulti:.family....residential....developments: Milli01urn..of..250/c,..o{.the ...total....developrTIent ...reg ardless . .of...sizebf
developrnellt.
(ii) For townhouse/quadraplex developments: One-half acre for every 80 units or fraction thereof.
b. All required developed open spaces must be operated and maintained by a homeowners association, subject to the
conditions established in sections 106-676 through 106-679, with all documentation required to be submitted for filing in
conjunction with the final plat. (See also the city development ordinance number 1444, section 4.04 which is on file in the city
secretary's office.)
2. A minimum landscape setback of 20 feet will be required adjacent to all conservation areas. Buildings, parking areas, and
refuse containers will not be allowed in such setback area. These areas are to be landscaped with trees, shrubs, and
groundcover, with a planting plan required to be submitted and approved by the enforcement officer.
3. The minimum setback adjacent to any utility easement located in a rear yard, shall be three feet. No portion of any building
including projections of any nature shall encroach into any utility easement or vertical projection of the easement boundary.
4. Where adjacent structures within the same block have front yard setbacks different from those required, the front yard
minimum setback shall be the average of the adjacent structures. If there is only one adjacent structure, the front yard
minimum setback shall be the average of the required setback and the setback of only one adjacent structure. In no case shall
the minimum front yard setback exceed 30 feet.
5. All side yards adjacent to public R.OW.'s must be ten feet.
6. In the case of zero lot line housing, the side setback opposite the zero lot line must be ten feet.
7. D.U.A. is an abbreviation for dwelling units per acre, or the maximum density permitted.
8. All structures except slab on grade, shall be placed on a foundation system described as: An assembly of materials
constructed below or partially below grade, not intended to be removed from its installation site, which is designed to support
the structure and engineered to resist the imposition of external forces as defined by the Standard Building Code, or in the
case of industrialized housing, the requirements of the TDLS. Such foundation system shall be skirted or enclosed with wood
or masonry to give the appearance of a solid foundation, if one is not provided, compatible with the appearance of adjacent
housing, and subject to the requirements of the Southern Building Code.
See article V, division 4 of this chapter for additional requirements.
No sign shall be located in a sight triangle so as to obstruct traffic visibility at a level between three feet and six feet as
measured above adjacent road grade.
Il'ltliec;as~..of..l'l1l."ti+fal'l1ilyrtlsiCl~fltial.de\felop
9.
10.
s with 50 or more units, said complexes must be lotated at least: 1.000 feet
or more uni
t opaque scr
nsisting of shrubs and fencing. (See Sec. 106-334 (i)
uired 25 foot setback,
gle-family residential
uired setback and the
elopments, the buildings
tial development shall be
ents may be 3-stories in
pments cannot
r open space uti!
80 dwelling units.
riteria.
EXHIBIT "H"
ARTICLE III. DISTRICTS
DIVISION 2. RESIDENTIAL DISTRICT REGULA TIONS*
Subdivision I. Generally
Sec. 106-334. Special use performance standards; residential.
(a) Landscape buffers.
(1) A landscape buffer planted with grass or evergreen ground cover and also planted with
trees shall be provided. No buildings or refuse containers shall be placed in such
areas.
(2) Standards:
a. Minimum width of planting strip: Four feet.
b. A planting plan specifying the location and species of trees to be planted as well
as the type of grass or ground cover to be utilized shall be submitted for approval
by the director or his duly authorized representative.
(3) Screening will be required in the following situations:
a. Parking areas for recreational buildings, community centers, religious, and
private and public educational institutions.
b. Manufactured housing parks and subdivisions screened from abutting uses.
(4) Required screening will count toward the required percentage of landscaping.
(5) Required landscaping must be maintained by the property owner and/or occupant.
(b) Traffic control. The traffic generated by a use shall be channelized and controlled in a
manner that will avoid congestion on public streets, safety hazards, or excessive traffic through
low density residential areas. The traffic generated will not raise traffic volumes beyond the
capacity of the surrounding streets. Vehicular access points shall be limited, shall create q
minimum of conflict with through traffic movements, and shall be subject to the approval of the
director. The proposed development should be adequately served by a collector or arterial
street without circulating through low density residential uses or districts in the following cases:
(1) Junior or senior high school, junior colleges and technical institutes.
(2) Manufactured housing subdivisions.
(c) Compatibility with surrounding area. The architectural appearance and functional plan
of the building(s) and site shall reflect the building character of the area and shall not be so
dissimilar to the existing buildings or area as to cause impairment in property values or
constitute a blighting influence within a reasonable distance of the development. The proposed
development is to be compatible with the existing and planned use of the area and conflicts are
not to be created between the proposed use and existing and intended future use of the
surrounding area.
(d) Required license obtained. All necessary governmental permits and licenses are
secured with evidence of such placed on record with the city.
(e) Compatible alterations and adequate parking. Adequate parking as required by Article
VI of this chapter must be provided on the lot and not within any required front yard. Any exterior
alterations must be compatible with the existing structure, and the surrounding neighborhood.
(f) Manufactured housing criteria (manufactured housing parks only). A preliminary
certified site plan must be submitted simultaneously with the submissions required in the mobile
home park ordinance of the city and the city development ordinance, that illustrates compliance
with the following:
(1) Legal description and size in acres of the proposed manufactured housing park. Such
park shall not be less than five acres.
(2) Locations and size of all manufactured housing sites, dead storage area, recreation
areas, laundry drying areas, roadways, parking sites, and all setback dimensions
(parking areas, exact manufactured housing sites, etc.).
(3) Preliminary landscaping plans and specifications.
(4) Location and width of sidewalks.
(5) Plans of sanitary sewer disposal, surface drainage, water systems, electrical service,
and gas service.
(6) Location and size of all streets abutting the manufactured housing park and all
driveways from such streets to the manufactured housing park.
(7) Preliminary road construction plan.
(8) Preliminary plans for any and all structures.
(9) Such other information as required or implied by these standards or requested by
public officials.
(10) Name and address of developer or developers.
(11) Description of the method of disposing of garbage and refuse and location of approved
solid waste receptacles.
(12) Detailed description of maintenance procedures and ground supervision.
(13) Details as to whether all of area will be developed or a portion at a time.
(14) Density intensity regulations in compliance with Table 8, residential.
(15) Compliance with the required number of off-street parking spaces.
(16) All private streets shall be a minimum of 28 feet wide and constructed in accordance
with the public improvements criteria manual. The layout of such private streets shall
be subject to approval by the fire chief, to ensure adequate emergency access.
(17) All manufactured housing shall have a minimum frontage of 20 feet on public or private
streets.
(g) Density bonus. vvithinsingle_farnilyireside:nti~l:de\lel()prl1el"1ts, a maximum of ten
percent reduction in square feet of site area per unit for residential developments of 20 units or
more shall be permitted as a conditional use based upon the following bonus features and
square foot reduction:
Bonus Feature
Square Foot Reduction
Per Unit
(1) Major outdoor recreational facilities such as swimming
pools, tennis courts or similar facilities requiring a
substantial investment.
250 square feet
(2) Designation of developed open space for semipublic use
adjacent to designated public greenway corridors equal to
an additional 100 square feet per unit.
100 square feet
(3) All required developed open space must be operated and maintained by a
homeowners association, subject to the conditions established in sections 106-676
through 106-679, with all documentation required to be submitted for filing in
conjunction with the final plat.
(4) The density bonus shall only be permitted per designated open space or major outdoor
recreational facilities in excess of the requirements established in section 12.00 et
seq., of the development ordinance number 1444, on file in the city secretary's office,
including the credit given in section 12.02 for land dedicated by a developer within a
development or subdivision for compensating open space on an acre per acre basis.
(h) Bed and breakfast (as defined in sections 106-1 and 106-744):
(1) Bed and breakfast shall be operated in accordance with the bed and breakfast and
home occupation requirements of section 106-749.
(2) Additional required parking shall not be provided in any required front or side yard.
(3) Bed and breakfasts shall comply with the boardinghouse requirements of the currently
adopted edition of the Standard Housing Code and Life Safety Code (NFPA 101).
(i)' Additional multi-family regulations
(1) " Screenin pa reenconsis'
and/or m ust be created betwe
adjacent to single-fa , residential developm ,
(a) Location - The requir
building setback adj
(b) Planting -At the time
and create an opaque
een four to six feet tall
i. All shrubs must be approved by Planning Department officials.
(2) Fencing. Every m '- mily development wi ' .
located along all si butting or facing th
abutting or facing single-family residential deve op
r fence
II sides
(a). Construction,. maintenanc
constructed and maintain
r wall.. Everyfence or wall herein shall be
rwrought iron.
n three inches of the
pliancewith all applicable
(b) Gates at openings. in enclo
necessa to
equippe
the requiremen
(3). Recreational areas, facilities, and open space.
nclosure which are
lopment shall be
tcordance with
trolled access gates, ifutilized:
(b) . . Must provide 24-hour acce
EMS, Police Department an
ncluding Fire Department,
EXHIBIT "I"
ARTICLE III. DISTRICTS
DIVISION 2. RESIDENTIAL DISTRICT REGULATIONS
Subdivision IV. R-3 High Density Residential District
Sec. 106.394. Special regulations and procedures.
(a) Refer to articles IV, V, VI, and VII of this chapter, and refer to Section 106-334 (i).
(b) AIlr"rlUltj-.fClrrlil9 developments with residential units more than 200 feet from a public
street must meet the following private street design criteria:
(1) Purpose. The purpose for the regulation of private streets and the standards
established in this section are:
a. To provide adequate vehicular access to all buildings and facilities by city police,
fire, and solid waste department vehicles; and
b. To provide for the safe movement of all vehicles from a private street to the
public street system of the city.
(2) Location. All portions of residential buildings must be within a 300-foot length,
measured horizontally as a fire hose would lay, from a public or private street.
(3) Width. The width of a private street shall be measured from edge to edge across
the surface of the pavement. The right-of-way width and the pavement width of a
private street are considered coterminous and the terms are used interchangeably.
The minimum acceptable unobstructed width of any private street is 28 feet. If
parallel parking is proposed along the private street, additional width may be
required to accommodate such parking.
(4) Dead ends, cul-de-sacs, and T or L-type turnarounds. Dead end private streets
must be terminated by a circular cul-de-sac having a paving radius of not less than
40 feet or a T or L-type turnaround designed in conformance with the standards
approved by the director.
(5) Length of cul-de-sacs or dead end private streets. Dead end private streets must
not extend further than 300 feet from the nearest right-of-way line of the
intersecting public or private street measured along the centerline of said private
street to the center of the cul-de-sac or the outer limit of the paving in the T or L-
type configuration.
(6) Construction. All private streets shall be constructed in conformance with the public
improvements criteria manual.
. Points of entry/exit: All multi-family developments shall contain a
s of entry for ingress and egress of vehicle traffic from adjacent publi
oroughfares.
EXHIBIT "J"
ARTICLE III. DISTRICTS
DIVISION 3. COMMERCIAL DISTRICT REGULATIONS
Sec. 106-441. Table A, Commercial uses.
P (ABC) -- Permitted uses (subject to designated criteria established in section 106-444).
P - Permitted uses.
A - Accessory uses (subject to requirements of section 106-741).
C - Conditional uses (subject to requirements of sections 106-216 through 106-218 and
designated criteria established in section 106-444).
'" -- Not allowed.
Uses (SIC Code #)
Zones
CR
NC
GC
P P
All conditional uses in R-3 zone '" C C
Agricultural service (076--078) '" '" P
Amusements (791--799) C '" P
Amusement (7993)1 C '" P
Antique and used merchandise stores (5932) '" P P
Arrangements for passenger transport (472) '" '" P
Arrangement for shipping and transport (473) '" '" P (I)
Apparel and accessory stores (561-569) C '" P
Automotive dealers and service stations
(551,552,553,555-559) * * P
Automotive repair, services (751--754) * * P
Banking (601--605) * '" P
Building construction--general contractors (152--161) '" * P
Building construction--special trade
contractors (171--179) '" * P
Building materials, garden supply (521--523, 526--527) * '" P
Business services (731, 732, 736--738) '" '" P
Business services (7359) '" '" P(A,B,C,O)
Civil, social and fraternal organizations, (8641) C C C
Communications (481--489) * * P
Convenience stores (5411) '" P P
Credit agencies (611--616) '" '" P
Dog grooming * * P (H)
Drugstores (591) * P P
Eating and drinking places (5813) C * P
Eating places (5812) C P P
Electric, gas and sanitary services (491, 4923, 493,
494, 4952) * P P
Engineering, architectural, accounting services
(871--872) * P P
Food stores, general (541, 542, 544, 545, 549) * * P
Freestanding on-premises signs See article VII of this chapter
Governmental and public utility buildings
(911--922,9631,4311 ) C * P
Grocery, fruit and vegetable stores (542, 543) * P P
Hardware stores (525) * P P
Home furnishing stores (571--573) * * p
Hotels and motels (701,7032,704) C * P
Hospitals, laboratories (806--809) * * P
Insurance, real estate, legal, stock and commodity
brokers, agents (641--679) * P P
Laundry (plants) (7216--7219) * * p
Membership organizations (861--869) * * P
Miniwarehousing (4225) * * C
Misc. retail (592, 593, 5948, 596--599, 5399) C * P
Misc. repair services (762--764) * P P
Misc. shopping (5941--5947, 5949, 5992--5994) C P P
Misc. shopping (5995, 5999) C * *
Motion picture theaters (7832) * * p
Museums, art galleries (841--842) C * P
Offices for doctors, dentists, etc. (801--805) * P P
Passenger transportation (411--415) * * p
Personal services (7211--7215, 722--729) * P P
Recreational buildings and community centers C P P
Reproduction, photography, and cleaning
services (733--734) * P P
Repair services (7699) (except tank truck cleaning) * * P
Retail bakeries (546) * P P
Securities and insurance (621--639) * * p
Service stations (554) * P
Service stations, excluding truck stops (554) C * P
Underground pipelines (461) * P P
Veterinary services (0742) * P P
Video rental and sales shop * P P
Parking ramps and structures C P P
Commercial PUD (Refer to section 106-636) * C C
Outdoor sales as a primary or accessory use * * P (C, G)
Outdoor storage as a primary or accessory use C * P (8)
Off-site parking C C C
Off-street loading C C C
Joint parking C C C
Drive-in or drive through facilities as an
accessory or principle use C C C
Kennels, boarding (0752) * * C
Kennels, breeding (0279) * * C
Unlisted uses, similar to uses listed above C C C
1. Refer to chapter 10 of this Code. (Must be at least 300 feet from church, school or hospital.)
EXHIBIT "K"
ARTICLE III. DISTRICTS
DIVISION 3. COMMERCIAL DISTRICT REGULATIONS
Sec. 106-443. Table B, commercial area requirements.
(a) Table B, commercial area requirements.
Uses
Minimum
Landscaping
Required
5
Minimum
Yard
Setbacks
F.R.S.
1,3,4,6,7
Maximum
Lot
Coverage
Adjacent to
Residential
Minimum Yard
Setback
F.R.S.
2,6
Maximum
Height
(feet)
6% Density Intensity Regulations Specified in Table B, Residential
area requirements, section 106-333
Same as
principle
use
Same as
Principal
Use
See article VII of this chapter
CR Comm. Recreation Dist.;
all permitted or conditional
NC Neighborhood Comm.;
all permitted or conditional
GC General Comm.; all
permitted or conditional
Outside sales or services
6%
50%
20-1 0-0
6%
40%
20-10-0
5-5-5
N/A
N/A
Outside storage
N/A
N/A
20-10-5
Freestanding on-premises
signs
Freestanding on-premises
signs located in controlled
access highway corridors
20-10-10
20-20-10
See article VII of this chapter
(b) Footnotes to Table B.
45
45
N/A
See section
1 06-444(b)
1. A minimum landscape setback of 20 feet will be required adjacent to all designated conservation
areas. Buildings, parking areas, loading docks, outside storage, and refuse containers will not be
allowed in such setback areas. These areas are to be landscaped with trees, shrubs, and
groundcover, with a planting plan required to be submitted and approved by the enforcing officer.
Required landscaping must be maintained by the property owner and/or occupant.
2. Screening is required in conformance with section 106-444(a).
3. All yards adjacent to public right-of-way must be a minimum of ten feet.
4. The minimum setback adjacent to any utility easement shall be three feet.
5. See article V, division 4 of this chapter for additional requirements.
6. No sign shall be located in a sight triangle so as to obstruct traffic visibility at a level between three
feet and six feet as measured above adjacent road grade.
EXHIBIT "l"
ARTICLE V. SUPPLEMENTARY DISTRICT REQUIREMENTS
DIVISION 3. AREA REQUIREMENTS
Sec. 106-771. Yard requirements.
The following shall not be considered as encroachments on yard setback
requirements:
(1) Chimneys, flues, belt courses, etc. Chimneys, flues, belt courses, leaders, sills,
pilasters, lintels, ornamental features, cornices, eaves, gutters, steps, stoops,
and the like, provided they do not project more than four feet into any front or
rear yard, and two feet into any side yard.
(2) Terraces, decks, patios, etc. Terraces, decks, patios, or similar features,
provided they do not extend more than one foot above the height of the exterior
finish grade elevation, or to a distance less than two feet from any lot line, or
encroach upon any utility easement. Further, pools shall not be considered as
an encroachment on a front yard setback, provided that such pools are located
in a front yard adjacent to Galveston Bay, and provided further that such pool
does not extend more than one foot above the exterior finish grade elevation, or
to a distance less than two feet from any lot line or encroach upon any utility
easement.
(3) Rear yards only. An unenclosed, attached patio cover, awning, or canopy,
provided that no portion of such patio covers, awnings, or canopies shall
encroach into any utility easements, or any vertical projection thereof, and
provided further that no portion of such patio covers, awnings, or canopies shall
be located at a distance less than five feet from the side property line or three
feet from the rear property line, or any vertical projection thereof.
(4) Front and side yard carports. Front and side yard carports shall be permitted for
single-family detached homes subject to the following requirements:
a. Carports in a required front or side yard shall not be located closer than
five feet from any front or side property line.
b. Carports located on corner lots shall not be located closer than 25 feet
from an intersection. This distance shall be measured from the
intersection of property lines common with street right-of-way lines.
c. The maximum width of a carport located in a required front or side yard
shall be 25 feet.
EXHIBIT "M"
ARTICLE VI. OFF-STREET PARKING
Sec. 106-835. Design standards (also see Figures 10-1, 10-2 and 10-3).
(a) Parking space size. Each standard parking space shall not be less than t n feet
wide and 18 feet in length, eac . ADA accessiblepa space
shall not be less than 14 .~ wide 0 feet in length, exclusiv access
aisles, and each space shall be served adequately by access aisles oxcluoi'.'o of
3CCOGC :JiGloc, 3nd o3ch Sp3CO Gh311 bc corvod :Jdoqu:Jtoly
(b) Within structures. The off-street parking requirements may be furnished by
providing a space so designed within the principal building of one structure
attached thereto; however, unless provisions are made, no building permit shall
be issued to convert such parking structure into a dwelling unit or living area or
other activity until other adequate provisions are made to comply with the
required off-street parking provisions of this chapter.
(c) Circulation.
(1) Except in the case of single-family, two-family and townhouse dwellings,
parking areas shall be designed so that circulation between parking bays or
aisles occurs within the designated parking lot and does not depend upon a
public street or alley. Except in the case of single-family, two-family and
townhouse dwellings, parking area design which requires backing into the
public street is prohibited.
equired
isle is
(d) Parallel parking spaces. In all cases, parallel parking spaces shall be 22 feet in
length. Except in the case of single-family, two-family and townhouse dwellings,
parking areas and their aisles shall be developed in compliance with the
standards contained in Figures 10-1 and 10-3.
FIGURE 10-1
(See drawings)
FIGURE 10-2
CURB AND DRIVEWAY CRITERIA, RESIDENTIAL DISTRICTS
(R-1, R-2, R-3, MH)
Driveway
Requirements
Drive width
Curb return radius
Distance from intersection
Spacing between driveway
Distance from side lot line
Intersecting angle
Approach grade
For concrete drives only:
a. Material
12' to 25'
2' to 5'
25' min.*
10' min.
3' min.
90
5% max.
b. Expansion joint
c. Curb (if applicable)
Min. 4" thickness
w/6 X 6-6/6 W.W.M.
At property line
Curb disappearing at
property line
Min. 3' from poles,
hydrants, etc.
Obstruction clearance
* This distance shall be measured from the intersection of property lines common with
street right-of-way lines.
106-835
LA PORTE CODE
FIGURE 10-1
SCALE: l' = 40
~ Zl.ct ---4' 90'
r
'4ct ~
..J.-
-r- r
10.0' eo'
~i'-
I'-- 1M -}- 7SJf -+- 1M ~
{ H.ct {
. NOTEl
· NOTEl
3.7'
42
42
....,.
* NOTE1: SO. or 45. PARKINC CONFIGURATIONS ARE MANDATORY
FOR SENIOR HOUSING DEVELOPMENTS.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 14. 2002
Appropriation
er/Gwen Goodwi
Source of Funds:
Budgeted Item:
N/A
N/A
N/A
N/A
NO
Department: Plannin2
Account Number:
Report: _Resolution: ~Ordinance: _
Amount Budgeted:
Exhibits:
Resolution
Amount Requested:
YES
SUMMARY & RECOMMENDATION
On February 11, 2002, City Council passed Resolution #2002-20. This placed a I80-day moratorium on new
construction of mid to high density residential development to review current regulations and possibly adopt
new regulations. Previously, the moratorium was extended for 60 days at the Council's July 8, and August 26,
2002 meetings. Currently, the moratorium will expire on October 24,2002.
At the Council's September 23, 2002 meeting, a public hearing was held. During the meeting, the Council
tabled the adoption of the mid to high density regulations. The Council asked Staff to develop additional options
to the proposed 2,500' spacing requirement.
This moratorium extension is provided for Council's consideration in case there is no action taken on the
proposed amendments to the zoning regulations regarding mid and high density residential developments.
Action Reauired bv Council:
1. Consider adopting a Resolution extending the moratorium on mid to high density residential
development for an additional 90 days.
Approved for City Council A2enda
)0)0 !o?
Date'l (
1e~~~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS,
EXTENDING THE MORATORIUM ON THE ACCEPTANCE FOR FILING AND THE
ISSUANCE OF BUILDING PERMITS AND ALL OTHER ZONING ANDIOR
DEVELOPMENT PERMITS FOR NEW CONSTRUCTION IN THE MID AND HIGH-
DENSITY RESIDENTIAL ZONING DISTRICTS, ADOPTED FEBRUARY 11, 2002;
PROVIDING THAT SUCH EXTENSION SHALL EXPIRE AFTER NINETY (90) DAYS OR
DISPOSITION OF ZONING CHANGE PROCEEDINGS WITH REGARD TO SUCH
DISTRICTS, WHICHEVER COMES FIRST; PROVIDING FOR SPECIAL EXCEPTIONS IN
THE EVENT OF HARDSHIP; AND PROVIDING AN EFFECTIVE DATE.
RESOLUTION NO. 2002 -
WHEREAS, there continues to be undeveloped land in the City of La Porte, Texas,
the development of which may significantly impact City services, such as water, sanitary
sewer, traffic, sanitation, and fire and police protection; and
WHEREAS, the construction of Mid and High Density Residential projects have
raised concerns regarding the impact of these projects on adjacent properties, which said
concerns have been the effort of a significant and intensive effort to develop new
regulations for mid and high density residential developments within the City of La Porte;
and
WHEREAS, the City of La Porte has not conducted a thorough review of its Mid and
High Density Residential regulations since 1987; and
WHEREAS, the City Council of the City of La Porte desires to avoid the adverse
effects such development may have on the public health, safety, and welfare of the citizens
of the City of La Porte; and
WHEREAS, the City Council of the City of La Porte, in order to avoid any adverse
effects, to further the goals of the Comprehensive Plan update, to provide for orderly future
development and growth, desires to extend the period of time in which to complete a review
of Mid and High Density Residential development regulations, since efforts to revise the
zoning ordinance regulations regarding mid and high density residential development have
been conducted in an orderly and timely fashion, yet have not been completed within the
time period set for the original moratorium, the first extension thereof, nor the second
extension due to expire on October 24, 2002; and
WHEREAS, continued refinement of development standards ensures neighborhood
compatibility, minimizes incompatible elements between abutting land uses and contributes
to a higher quality of life; and
WHEREAS, the City's Comprehensive Plan Update made the following
recommendations:
Provide an appropriate amount of land for various densities and types of
residential uses and ensure the highest quality living environment.
Seek to ensure that adjacent land uses are developed compatibly and take
measures to mitigate land use transitions with differing intensities.
Evaluate the appropriateness of design standards that include landscaping,
screening, increased lot sizes and setbacks, and other methods to minimize
negative effects among different land uses.
Determine appropriate residential densities for various areas within the City on
the basis of accessibility, utility availability, topography, proximity to shopping
areas, and other relevant factors.
Update the Zoning Ordinance and Official Zoning Map to reflect identification of
various areas of particular densities.
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 City Council further finds and determines that it is in the best
interests of the public health, safety and general welfare of the citizens of the City to
extend the moratorium heretofore placed on February 11, 2002, and thereafter extended
on July 8, 2002, and extended again on August 26, 2002, on the acceptance for filing and
consideration, and the issuance of building permits and all other development and zoning
permits, for all properties in the Mid and High Density Residential Districts in the City for
an additional period of ninety (90) days from the date hereof, and such moratorium is
hereby imposed and extended. For purposes of this moratorium, the term "Mid Density
and/or High Density Residential Districts", or words of similar import, shall include, but not
be limited to development occurring within Zoning Districts R-2, R-3, NC, GC, U, HI,
and/or PUD.
SECTION 3. That there is hereby established an extension of the moratorium on
the issuance of permits for construction of any Mid Density or High Density Residential
units within the City of La Porte, Texas for a period of up to ninety (90) days from the date
of passage of this Resolution or on January 12, 2003, whichever date first occurs.
SECTION 4. That during the moratorium period, and the moratorium extension
period, no new Mid Density or High Density Residential building permits, or certificates of
occupancy shall be issued and no letters of availability for utilities, as well as formal
review or action by any City board, commission or department shall be authorized for any
new Mid Density or High Density Residential location in the jurisdiction of the City of La
Porte as described in Section 2 of this Resolution.
SECTION 5. This extension of the moratorium shall remain in effect for a period of
ninety (90) days or until final action is taken on any proposed zoning and/or subdivision
regulation changes affecting the Mid and High Density Residential Districts, or until final
action is taken regarding amendment of the Comprehensive Zoning Ordinance and Map,
and development regulations by the City Council, whichever comes first.
SECTION 6. Any property owners subject to this moratorium and/or this extension
of the moratorium may apply to the City Council for an exception in the event that a
hardship results from its application, and the City Council is authorized to grant an
exception to the moratorium imposed by this Resolution only when it finds that such
hardship does exist. Any exception so granted shall not be a substitute for enforcement
of current zoning, development or building regulations, policies and procedures of the City
of La Porte.
SECTION 7. This moratorium shall not apply to building permits within
previously platted, duly recorded and properly zoned subdivisions approved by the City
of La Porte Planning and Zoning Commission. Further, this moratorium does not apply
to developments for which administratively complete applications for zoning permits,
building permits, special conditional use permits, or any other development permits
have been completed and filed with the City of La Porte prior to the passage of this
resolution. In such event, the applicant may complete the permit review process and
development approval process under existing City of La Porte regulations, policies, and
procedures in connection with the proposed application.
SECTION 8. This extension to the moratorium on the acceptance for filing and
the issuance of building permits and all other development permits for new construction
in the Mid and High Density Residential Districts for shall expire on January 12, 2003, at
11 :59 p.m., Central Standard Time.
SECTION 8. This Resolution shall take effect immediately from and after its
passage, and it is accordingly so resolved.
DULY PASSED by the City Council of the City of La Porte, Texas, on the
day of ,2002.
APPROVED:
Norman L. Malone, Mayor
ATTEST:
Martha Gillett, City Secretary
Requested By:
UNCIL AGENDA ITEM
Agenda Date Requested: October 14 2002
Appropriation
Stephen Barr
urce of Funds: Sylvan Beach Escrow Fund
Department:
Account Number:
001-0000-202-0623
Report:
Resolution: Ordinance: X
Amount Budgeted:
-0-
Exhibits:
Orrlin::mr.p. AW::lreling Riel
Amount Requested: $12,750
Exhibits:
Coastal Cooperation AQreement
Budgeted Item:
YES
NO
Exhibits:
Letter from Harris County
SUMMARY & RECOMMENDATION
In April of 2002 the City Council approved a Project Cooperation Agreement with the Texas General Land
Office to study the erosion problems at Sylvan Beach Park and make a recommendation as to
remediation. As discussed in the previous item, that portion of the project is complete and the Texas
General Land Office is ready to begin final design and permitting of the project. The amendment to the
agreement approved in April will add an additional $85,000 to the existing agreement to fund the
permitting process through the U.S. Army Corps of Engineers, develop the final design for the project,
and complete the bidding process. The TGLO will provide $72,250, or 85% of the addtional estimated
cost of the project. The City will contribute $12,750, or 15% of the total estimated cost of the project.
Sylvan Beach Park is Harris County property. Harris County has agreed to participate in the project and
an agreement is being drawn up to be presented to Council that will reimburse the City for % of its match,
or $6,375. Participation in this project does not obligate either the City or Harris County to any future
activity regarding actual construction of the project. The City and Harris County jointly constructed and
have operated Sylvan Beach Fishing Pier since 1995. There are funds set aside in the Sylvan Beach Pier
Escrow Fund to cover the cost of rebuilding the pier, should it become necessary, as well as additional
funds that could be used to fund the City's share of this Project Cooperation Agreement. The balance of
funds in this account, over the amount required for pier replacement, is expected to be approximately
$43,000 at year-end.
Staff Recommendation:
Staff recommends that Council consider approval of the proposed Project Cooperation
Agreement between the Texas General Land Office and the City of La Porte, with $12,750 for the City's
share to be funded from the Pier Revenue Escrow fund.
Action Required by Council:
Consider approval of the Project Cooperation Agreement Amendment as described above.
Availability of Funds:
General Fund Water/Wastewater
_ Capital Improvement _ General Revenue Sharing
--2L Escrow Funds N/A
Account Number: 001-0000-202-0623 Funds Available: XX YES NO
Approved for City Council Aaenda
ns, Acting City Manager
/1~-Z
Date
ORDINANCE NO. 2002- ~5tf'7~A
AN ORDINANCE AUTHORIZING AND APPROVING AN AMENDMENT TO THE
PROJECT COOPERATION AGREEMENT BETWEEN THE CITY OF LA PORTE AND
THE TEXAS GENERAL LAND OFFICE, APPROVED APRIL 15, 2002, REGARDING
SYLVAN BEACH SHORELINE EROSION REMEDIATION; APPROPRIATING
$12,750.00 TO FUND SAID AGREEMENT; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract,
agreement, or other undertaking described in the title of this ordinance, in substantially the
form as shown in the document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such document and all
related documents on behalf of the City of La Porte. The City Secretary is hereby
authorized to attest to all such signatures and to affix the seal of the City to all such
documents.
Section 2. The City Council officially finds, determines, recites, and declares that
\.
a sufficient written notice of the date, hour, place, and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further ratifies,
approves, and confirms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED, this 14TH day of October 2002.
CITY OF LA PORTE
~:&~~
No an L. Malone, .
Mayor
ATTEST:
lJl!1iHbJli~
Mart a Gillett,
City Secretary
)
'X~)'li U.
Knox W. Askins,
City Attorney
(
APPROVED AS TO FORM:
GLO Contract No. 02-436C
Coastal Projects No, 1114
PROJECT COOPERATION AGREEMENT
FOR EVALUATING EROSION RESPONSE ALTERNATIVES
BETWEEN
GENERAL LAND OFFICE
AND
CITY OF LA PORTE
FOR
SYL VAN BEACH
THIS PROJECT COOPERATION AGREEMENT (Agreement) is made and entered into
by and between the General Land Office (GLO) and the City of La Porte (the Qualified Project
Partner) pursuant to the Coastal Erosion Planning and Response Act (the Act), Texas Natural
Resources Code Ann. gg33.601-12 (Vernon 2001 & Supp. 2002).
WHEREAS, pursuant to the Act, the GLO is authorized to implement a program of
coastal erosion avoidance, remediation, and planning; and
WIJEREAS, if the GLO receives legislative appropriations or other ftmding~ the GLO
will undertake coastal erosion studies, demonstration projects, and response projects in
conjunction with qualified project partners; and
WHEREAS, ftmds may be expended from the Coastal Erosion Response Account (the
Account) to finance erosion response activities authorized by the Act and approved by the
Commissioner of the GLO; and
WHEREAS, ifthe,GLO and the Qualified Project Partner enter into a project cooperation
agreement to undertake an erosion response study or project, the Act requires the Qualified
-Project Partner to pay at least 15% of the shared project costs; and
WHEREAS, the Qualified Project Partner has filed a Project Goal Summary with the
GLO in accordance with 31 Texas Administrative Code 915.21 (Vernon Supp. 2001); and
WHEREAS, both the GLO and the Qualified Project Partner desire to cooperatively
undertake an evaluation of the alternatives to determine the feasibility, cost, and financing of
different methods of avoiding, slO'vving, or remediating coastal erosion as identified in the Project
Goal Summary;
,
NOW THEREFORE, in consideration of the benefits to the State of Texas, the GLO and
the Qualified Project Partner enter into this Agreement and hereby agree as follows:
I.' ALTERNATIVES ANALYSIS
1.01. ALTERNATIVES ANALYSIS. The parties agree to cooperatively evaluate alternatives
for addressing erosion problem(s) identified in the Project Goal Summary, attached hereto and
incorporated herein by reference as Attachment A, t~ assess the feasibility, cost, and financing of
different methods of avoiding, slowing, or remedyin.g coastal erosion at Sylvan Beach, City of
La Porte, Harris County, Texas (the Alternatives Analysis). The parties shall complete the
Alternatives Analysis in accordance with the Work Plan, attached hereto as Attachment B and
incorporated herein for all purposes.
1.02. NO COMMITMENT. The parties agree and acknowledge that by undertaking of
this Agreement the GLO neither expresses nor implies any commitment to fund
construction of any erosion response projects that may be evaluated in the Alternatives
Analysis pursuant to this Agreement.
1.03. COASTAL BOUNDARY SURVEY. The Qualified Project Partner agrees and
acmowledges that in the event a coastal boundary survey is required for the Alternatives
Analysi.s, the survey will be conducted in conformance with Section 33.136 of the Texas Natural
Resources Code. Maps, sUlYeys and/or profiles to be completed under this Agreement shall not
include delineating or mapping vegetation, the line of vegetation or the landward boundary of the
public beach. Work products provided under this Agreement shall not include any mention of
the location of the line of vegetation or the boundary of the. public beach. For any work funded
in whole or part by. funds from the Account, vegetation, the line of. vegetation and/or the
landward boundary of the public beach can only be mapped, delineated, or described with
specific written authorization from the GLO. A coastal boundary survey performed pursuant to
this Agreement must contain the following statement: "This survey does not nor is it intended to
be used to identify, delineate or fix the line of vegetation or the landward boundary of the public
beach. "
II. TERM.
2.01. DURATION. This Agreement shall be effective on the date the last party executes this
Agreement, and shall terminate upon the completion of the Work Plan or August 31, 2003,
whichever is earlier.
i02. EARLY TERMINATION. This Agreement may be terminated by either party by
giving written notice specifying a termination date at least thirty (30) days subsequent to the date
of the notice. .
2
2.03. DISPUTE RESOLUTION. If a contract dispute arises that cannot be resolved to the
satisfaction of the parties, either party may notify the other party in writing of the dispute. If the
parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the Written
notiiication, the GLO may require the issue(s) be mediated. In sUQh event, the GLO shall so notify
the Qualified Project Partner and furnish the Qualified Project Partner ,with the names of three
mediators acceptable to the GLO. Within ten (10) days of such notice, the Qualified Proj ect Partner
shall select a mediator from the list provided by the GLO and notify the GLO. The mediation shall
occur within thirty (30) days of such notification. Prior to the mediation, each party will provide the
mediator with a statement of issues to be mediated, along with any other information/releases
required by the mediator. Cost of the 'mediator shall be borne equally by the parties. Any dispute
resolution shall be conducted in accordance with Chapter 2260 of the Texas Government Code
01 emon 2001).
ID. FUNDING.
3.01. PARTNER MATCH. (a) The Act requires the Qualified Project Partner to pay at least
15% of the shared project costs. In-kind goods or services provided by the Qualified Project
Partner after entering into this Agreement may be used to offset the Qualified Project Partner's
shared costs for the project provided the Qualified Project Partner presents the GLO with
reasonable basis for estimating the monetary value of those goods or services. The decision to
allow any in-kind goods or services to offset cost-sharing requirements is in the sole discretion of
the GLO.
(b). The parties agree that all expenses associated with the performance of this
Agreement will be paid by the parties in accordance with the Budget attached hereto and
incorporated herein by reference as Attachment C. in an amount not to exceed the sum of Fifty
Thousand and No/IOO Dollars ($50,000.00). In the event the parties agree that additional tasks
and/or funds are required, the parties shall execute an amendment to this Agreement. ' The
Qualified Project Partner acknowledges that no costs incurred by. the Qualified Project
Partner before entering into this Agreement or not in accordance 'with the Budget can be
used to offset the cost-sharing requirement. Further, the Qualifie~ Project Partner
acknowledges that it may be subject to cost-sharing requirements exceeding the minimum 15%
share required by the Act.
b. For an in-kind Partner Match, valuing and accounting determinations should be
provided to the GLO within thirty (30) days of execution of this Agreement, and inclll:de a
description of the Partner Match, how it is to be provided, and a timeline for providing it over the
course of the Agreement. All in-kind Partner Match determinations are subject to the review and
approval of the GLO. All in-kind Partner Match requirements must be accounted for before the
expiration of this Agreement. Funds equaling to the in-kind match valuation will be retained until
the accounting for the match is provided to and approved by the GLO.
c. For a cash Partner Match, the full amount is due within thirty (30) days of the
execution of this Agreement. This match contribution should be submitted to the following:
3
Texas General Land Office
Coastal Erosion Planning and Response Act (CEPRA)-MATCH
Mail Code 127
P.O. Box 12873
Austin-, TX 78711-2873
Attn: Dianna Gordon
3.02. ALTERNATIVE SOURCE FUNDING. The parties agree to work cooperatively to
investigate and secure funding from sources other than the Account. Alternative sources of
funding acquired by the Qualified Proj,ect Partner after the execution of this Agreement may be
used to meet the Partner Match, subject to the approval of the GLO. Financial assistance from
the Beach Cleaning and }.1aintenance Assistance Program pursuant to 31 Texas Administrative
Code Chapter 25 (Vernon 2001) may not be used to meet the Qualified Project Partner's cost-
sharing requirement.
3.03. STATE FUNDING. This Agreement shall not be construed as creating any debt on behalf
of the State of Texas and/or the General Land Office in violation of Sec. 49, Art. ill of the State
Constitution. In compliance with Sec. 6, Art. VITI of the Constitution, it is understood that all
obligations of the State hereunder are subj ect to the availability of State funds. If such :funds are not
appropriated or become unavailable, this Contract may be terminated. In that event, the parties shall
be discharged from :further obligations, subject to the equitable settlement of their respective
interests accrued up to the date of termination.
3.04. AUDIT. The GLO reserves the right to audit any Qualified Project Partner account related
to the subject project and to verify any expense item submitted for reimbursement by the Qualified
Project Partner, who will permit the GLO to inspect, and MIl make available for inspection, any and
all pertinent records, files, information, and other written materials pertaining to the expenditure of
funds on the Alternatives Analysis. The Qualified Project Partner further agrees to maintain, keep,
and preserve at its principal office all. such records, and all other records associated with this
Agreement, for a period of four (4) years following the completion or termination of this Agreement
and to make the same .available to the GLO or other agencies of the state or federal government for
purposes of audit -
IV. :MISCELLANEOUS PROVISIONS.
4.01. OTHER LAW. Incorporated by reference the same as if specifically written here~ are
the rules, regulations, and other requirements imposed by law, including but not limited to
compliance with those pertinent statutes, rules, and regulations of the State of Texas and those of
federal agencies providing funds to the State of Texas, all of which shall apply to the performance
of the services hereunder.
4.02. PARTNER COMPLIANCE. This paragraph applies only to a local governmental entity
subject to the provisions of the Open Beaches Act (Texas Natural Resources Code, Chapter 61) and
the Dune Protection Act (Texas Natural Resources Code, Chapter 63). The Qualified Project
Partner acknowledges that it will reimburse the Account for any costs to the erosion response
4
project, whether in the form of increased project costs or decreased benefits, resulting from any
action or activity which has occurred or is occurring that is not in compliance "vith the relevant local
beach/dune planes). .
4.03. POINTS OF CONTACT.
a The GLO's point of contact for this Agreement shall be:
Jimmy Tyree
Project 11anager .
Resource 11anagement Prograin Area
1700 N. Congress Ave.
Austin, Texas 78701-1495
(512) 475-1552 .
(512) 475-0680 -- fax
b. The Qualified Project Partner's point of contact for this Agreement shall be:
Stephen Barr
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
(281) 470-7275
(281) 470-1361 - fax
4.04. NOTICES. Any notice required or permitted to be delivered under this Agreement shall
be deemed delivered when deposited in the United States mail, postage prepaid, certified mail,
return receipt requested, addressed to the point of contact for the GLO or the Qualified Proj ect
Partner, a,s the case may be, at the address set forth in Section 4.03 of this Agreement.
4.05. VENUE. This Agreement shall be governed and construed in accordance with the laws
of Texas. Venue of any suit brought for breach of this Agreement is fixed in any court of
competent jurisdiction in Travis County, Texas; provided, however, the foregoing shall not
be construed as a waiver of sovereign immunity by the GLO.
4.06. SEVERANCE. Should anyone or more provisions of this Agreement be hel4 to be
void, voidable, or for any reason whatsoever of no force and effect, such provision(s) sh<;l.l1 be
construed as severable from the remainder of this Agreement and shall not affect the validity of
all other provisions of this Agreement, which shall remain of full force and effect.
4.07. FORCE MAJEURE. Any delays in or failure of performance by either party, except in
respect of the obligation to make payments under this Agreement, shall not constitute default
hereunder if and to the extent such delays or failure of performance are caused by occurrence(s)
beyond the reasonable control of the party affected, and which by the exercise of due diligence
such party is unable to prevent, herein called "Force Majeure," including but not limited to: acts
of God or the public enemy, sabotage, war, mobilization, revolution, civil commotion, riots,
strikes, lockouts, fires, accidents or breakdowns, floods, hurricanes or other actions 0.[
5
governmental authorities. In any such event, the party claiming Force Majeure shall notify the
other party in writing and, if possible, of the extent and duration thereof and shall exercise due
diligence to prevent, eliminate or overcome such cause where it is possible to do so and resume
performance at the earliest possible date.
4.08. ENTIRE AGREEl\1ENT. This Agreement constitutes. the entire agreement of the
parties. No other agreement, statement, or promise that is not contained in this Agreement shall
be binding except a subsequent written modification signed by both parties.
GENERAL LAND OFFICE
CITY OF LA PORTE
(U2Jl
LarryR. Sow d, ChiefClerkl"
Senior Deputy Land com1oner
Date of execution: ~ (/0L-
G?~T~
N.ame:~-,- ~?ex<t
TItle: I\f.Q no. Q
Date of execution: l..{-c;.....o "L.
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A.TTA.C~"NT C
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9
BUDGET PAGE
Sylvan Beach Shore Protection: Beach Nourishment
CEPRA PROJECT #1114
PROJECT COSTS
CONTRACTUAL AMOUNT
Task l.Alternatives Analysis $50,000.00
"
TOTAL PROJECT COST NOT TO EXCEED $50,000.00
COSTS~GS~Y
QUALIFIED PROJECT PARTNER (QPP): 15 % of total project costs $7,500.00
QPP Cash Commitment $7,500.00
QPP In-kind Commitment $0.00
QPP's TOTAL CONTRIBUTION* .. - $7,500.00
CEPRA: 85% oitotal project costs ,
CEPRA's TOTAL CONTRIBUTION $42,500.00
,
TOl'AL PROJECT CONTRIBUTIONS $50,000.00
... PleaSe specify when using historically underutilized business as required by state law.
Texas General
Land Office
i
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... IJ OCT 2 2
PAR~
Ri..r;TlON DEPT.
October 18,2002
David Dewhurst
Commissioner
Mr. Stephen Barr
City of La Porte
PO Box 1115
La Porte TX 77572
Re: Amendment to GLO Contract No. 02-436 C
Dear Mr. Barr:
Please find enclosed for your files one fully executed amendment to
the above-referenced contract with the General Land Office.
If you have any questions, please do not hesitate to contact me at
(512) 475-2225, or via electronic mail at iudv.coover@glo.state.tx.us.
Sincerely,
~contracts Liaison
Legal Services Division
JC/bt
enclosure
Stephen F. Austin Building
1700 North
Congress Avenue
Austin, Texas
78701-1495
512-463-5001
PROJECT COOPERATION AGREEMENT
GLO CONTRACT NO. 02-436C
AMENDMENT NO.1
STATE OF TEXAS ~
~
COUNTY OF TRAVIS ~
The General Land Office and the City of La Porte (Qualified Project Partner), parties to that certain
Project Cooperation Agreement entered into effective as of April 15, 2002 and denominated GLO
Contract No. 02-436C (Agreement), now desire to amend the Agreement.
WHEREAS, the parties desire to modify the Work Plan of the Agreement by adding
additional tasks to be performed by Qualified Project Partner; and
WHEREAS, the parties desire to modify the Budget of the Agreement to reflect the
additional tasks;
NOW, THEREFORE, the parties have agreed to amend the Agreement as follows:
1. Attachment B to the Agreement is hereby deleted and substituted by Attachment B-1
attached hereto, reflecting the amended Work Plan.
2 Attachment C to the Agreement is hereby deleted and substituted by Attachment C-l
attached hereto, reflecting the amended Budget.
3. Except as amended and modified by this Amendment, the terms and conditions of the
Agreement shall remain in full force and effect.
GENERAL LAND OFFICE
CITY OF LA PORTE
. .
IJI..,* .JJ
~~
Senior Deputy Land Commissioner
Date: fJ!i~
N~~:
Tit e: 4ct'~ ~V; )(~a.fje.lt
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Date: 0/ - 0
~yED AS TO E
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Knox W. Askins, City Attorney
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AM-B"NDBD woRR PLAN
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SYLVAN BEACH SHORELINE PROTECTION, CEPRA # 1114
PERMITTING, FINAL DESIGN, BID PACKAGE DEVELOPMENT WORK PLAN
1. To address erosion at Sylvan Beach, the GLO shall:
a. Identify, document, and confer with the Qualified Project Partner, the location
and extent of the project area.
b. Contract with a professional services provider to:
document existing conditions/applications and confirm project site
location and dimensions;
review and summarize historical data and engineering studies;
collate data as required to prepare permit application, final design, bid
package;
conduct site surveying as required;
determine all permit requirements and obtain permits;
conduct supporting modeling (e.g., SBEACH) for engineering design;
develop construction drawings;
develop engineering plans and specifications;
recommend a post-project monitoring program
develop bid package; and
estimate construction costs.
c. Identify legal requirements for the use of state-owned submerged land.
d. Confirm with the Qualified Project Partner, the preferred alternative(s) for
erosion response at the project site.
e. Estimate total project costs of implementation of preferred alternatives and
cost-sharing requirements.
f. Provide financial point of contact.
2. To address erosion at Sylvan Beach, the Qualified Project Partner shall:
.....""...
a. Confer and cooperate with the GLO, the location and extent of the area.
b. Confer and cooperate with the GLO on the selection of the professional
service provider, scopes of work, and preferred alternatives.
c. Identify, document, and coordinate with the GLO any in-kind services that
will count toward the cost-sharing requirement under this Agreement:
labor;
contractual;
volunteers;
equipment; and
supplies.
d. Document local support (local associations, foundations, and others).
e. Provide data from local appraisal districts and taxing entities as needed.
f. Confer and cooperate with the GLO to establish a process for obtaining
landowner consent, if needed.
g. Disclose any other contractual relationship between the Qualified Project
Partner and the selected professional service provider (or their subcontractors)
during the Agreement term.
h. Provide financial point of contact.
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ATTACHMENT C-l
AMENDED BUDGET
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AMENDED BUDGET PAGE
Sylvan Beach Park - Shoreline Protection & Beach Nourishment
CEPRA PROJECT #1114
PROJECT COSTS
CONTRACTUAL AMOUNT
Task 1. Alternatives Analysis $50,000.00
Task 2. Permitting ( new task) $7,000.00
Task 3. Final Design (new task) $70,000.00
Task 4. Bid Package Development (new task) $8,000.00
TOTAL PROJECT COST NOT TO EXCEED $135,000.00
QUALIFIED PROJECT PARTNER (QPP): 15 % of total project costs
QPP Cash Commitment (original) $7,500.00
QPP Cash Commitment (amended additional) $12,750.00
QPP In-kind Commitment $0.00
QPP's TOTAL CONTRIBUTION (amended) $20,250.00
CEPRA: % of total project costs
CEPRA's CONTRIBUTION (original) $42,500.00
CEPRA's CONTRIBUTION (amended additional) $72,250.00
CEPRA's TOTAL CONTRIBUTION (amended) $114,750.00
PROJECT CONTRIBUTION (original) $50,000.00
TOTAL PROJECT CONTRIBUTIONS $135,000.00
COST SHARING SUMMARY
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COMMISSIONER
NORlH CHANNEL ANNEX #26
14350 W ALUSVILLE ROAD
HOUSTON, TEXAS 77049
(713) 455-8104
August 8, 2002
~1lJ1I.
V6-
Mr. Stephen Barr, Parks Supervisor
City of La Porte
1322 South Broadway
La Porte, Texas 77571
Re: Sylvan Beach Shoreline Restoration
Dear Mr. Barr:
The Harris County Precinct Two Parks Department is very interested in moving
forward with the Sylvan Beach Park shoreline restoration project.
Although this project is in the early stages of development we feel the opportunity
to participate in a one million-dollar shoreline restoration, at a cost of 7.5 percent to
Harris County, is a great benefit to the citizens of Harris County.
The Precinct Two Parks Department would like to proceed with the necessary legal
agreements between the City of La Porte and Harris County to keep this project on
line.
If you have any questions please call me at (713) 455-8104 or Mike Greer at (281)
326-6539.
Sincerely,
~L4
Gilbert Smith, Harris County Precinct Two
General Superintendent of Parks
GS/bb
cc: Mike Greer
~FCFrvED
AUG 1 2 2002
Parks ailQ h='l' . . D"" t
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"S~ i4 ()et/t 'P~"
._-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 14 2002 Aoorooriation
Requested By: Stephen Barr of Funds: N/A
Department: Account Number:
Report: Resolution: Ordinance: X Amount Budgeted: -0-
Exhibits: ()rrlin~nc:p. Amount Requested:
Exhibits: AQreement Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
In September, the City was approached by Harris County regarding surplus funds for projects that
could be quickly accomplished prior to the Harris County deadline for fund expenditures in April,
2003. Staff submitted 2 projects that were subsequently conditionally approved, totaling $250,000.
The agreement before you with Harris County is for a pedestrian bridge over Little Cedar Bayou,
connecting the Recreation & Fitness Center and the Special Programs Center, to Little Cedar Bayou
Park. The bridge will allow seniors and special populations to access the Little Cedar Bayou Nature
Trail as well as the amenities of Little Cedar Bayou Park. The bridge will also provide a means of
transportation for low and middle income residents living south of Little Cedar Bayou that are also
targeted for Community Development Block Grant funding. The bridge will be prefabricated and will
require engineering, construction of footings, and installation. The bridge will also be capable of
handling park maintenance equipment, allowing them to access the park without having to use public
roadways. The City will secure the engineering portion, conduct surveys if necessary, and provide
administrative oversight for the project through force account efforts. Funding for the project in the
amount of $150,000 will be provided by Harris County Community Development Block Grant money.
The City is not required to provide any capital expenditure for this project.
Staff Recommendation:
Staff recommends that Council consider approval of the proposed Agreement between the City of La
Porte and Harris County for installation of a pedestrian bridge over Little Cedar Bayou.
Action Required by Council:
Consider approval of the Agreement as described above.
Availability of Funds:
General Fund
_ Capital Improvement
Escrow Funds
Account Number: N/A
Water/Wastewater
_ General Revenue Sharing
N/A
Funds Available: YES NO
Approved for City Council Aaenda
s, Acting City Manager
)O)f01
Date
ORDINANCE NO. 2002-J5'(1
AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND HARRIS COUNTY, REGARDING COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING OF A PEDESTRIAN BRIDGE OVER
LITILE CEDAR BAYOU; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract,
agreement, or other undertaking described in the title of this ordinance, in substantially the
form as shown in the document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such document and all
related documents on behalf of the City of La Porte. The City Secretary is hereby
authorized to attest to all such signatures and to affix the seal of the City to all such
documents.
Section 2. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place, and subject of this meeting of the City
Council was posted at a place convenient to the publiC at the City Hall of the City for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further ratifies,
approves, and confirms such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED, this 14TH day of October 2002.
CITY OF LA PORTE
By:
~h~;HJt~
I.
Norman L. Malone,
Mayor
ATTEST:
~ OUk.~itJ
Martha Gillett,
City Secretary
APPROVED AS TO FORM:
,h/ , ) /
!Ae-v? 'i/ {elf
Knox W. Askins,
City Attorney
COUNTY, TEXAS
OFFICE OF HOUSING & ECONOMIC DEVELOPMENT
8410 Lantern Point
Houston, Texas 77054
Tel: 713-747-0132 Fax: 713-578-2190
NOV I 3 2002
November 5, 2002
Mr. John E. Joems
Acting City Manager
City of La Porte
604 W. Fairmont Pkwy
La Porte, Texas 77571
Dear Mr. Joems:
SUBJECT: Community Development Block Grant (CDBG) Agreement
The Pedestrian Bridge Project
Project No. 2002-105
(
Enclosed is a copy of the executed Agreement between Harris County and the City of La Porte
for the partial funding of the purchase and installation of a pedestrian bridge using CDBG funds
in the amount of$150,000.00.
Please contact Daniel Adame at (713) 747-0132 if you have any questions.
David Turkel
Director
DBT/ng
Enclosure
G:\gmsnare\QA \ng\executed agreelnt~llts\ 11 0502 _Pedestrian_Bridge ~ exec_ agreement.doc
2002-105
AGREEMENT BETWEEN HARRIS COUNTY
AND
CITY OF LA PORTE FOR THE PEDESTRIAN BRIDGE PROJECT
THIS AGREEMENT is entered by and between Harris County, a body politic and corporate
under the laws of the State of Texas, herein called the "Grantee," and the City of La Porte (the
City), a body politic and corporate under the laws of the State of Texas, herein called the
"Subrecipient" .
WHEREAS, the Grantee has applied for and received funds from the United States Government
under Title I of the Housing and Community Development Act of 1974, Public Law 94-383,
application number B-2002-UC-48-0002, CD2002-105;
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such
funds;
WHEREAS, the Subrecipient shall insure recognition of the role of the Grantee in providing
services through this contract. All activities, facilities, and items utilized pursuant to this
contract shall be prominently labeled as to funding source. In addition, the Subrecipient will
include reference to Harris County Office of Housing and Economic Development (HCOHED)
for the support provided herein in all publications made possible with funds made available
under this contract.
NOW, THEREFORE, in consideration ofthe mutual covenants and agreements herein contained,
it is agreed between the parties hereto that:
1. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for administering a Community
Development Block Grant (CDBG) Fiscal Year 2002 City of La Porte Pedestrian
Bridge Rehabilitation Project (the "Project") in a manner satisfactory to the
Grantee and consistent with any standards required as a condition of providing
these funds. Such Project will include the partial funding of the construction and
installation of a pedestrian bridge to span Little Cedar Bayou in the City of La
Porte. The City of La Porte qualifies for the receipt and expenditure of
Community Development Block Grant funds because the area served contains a
proportion of low and moderate income persons that meets one of the criteria for
national objectives set out in 24 CFR 570.208 (a) (1)(2).
Program Delivery
Activity: The Project will partially fund the construction and installation of a 165 ft.
pedestrian bridge over the Little Cedar Bayou in the City of La Porte, Texas.
General Administration
Within 30 days after the date this Agreement is executed by both parties the Subrecipient
through its representative will prepare drawings and specifications for the Project (in
accordance with the usual requirements of the Subrecipient). Upon completion of said
drawings and specifications, the Subrecipient will submit the same to the Grantee for the
Grantee's written approval.
Within 15 days after approval by Grantee of the drawings and specifications as set out
above, the Subrecipient will advertise for and receive bids for the construction of the
Project in accordance with approved drawings and specifications which bidding
procedure will be in accordance with attached Exhibit A guidelines.
Upon receipt and tabulation of the bids for the Project, Subrecipient will determine the
lowest and best bid for the construction of the Project with the Grantee approving award
of the bid. In the event the lowest and best bid for the construction of the Project is an
amount that would result in the cost of the Project being equal to or less than the sum of
$163,000.00, Subrecipient will notify Grantee of the amount of the lowest and best bid
for the Project. The Contract between Subrecipient and its contractor shall be in
accordance with the Guidelines attached hereto as Exhibit A and with all applicable
CDBG regulations and OMB circulars, which are itemized at 24 CFR Part 85.
In the event the lowest and best bid for the construction of the Project is an amount in
excess of the sum of$120,000.00, Subrecipient shall have the following four (4) options:
1. Subrecipient may notify Grantee of the bid and request Grantee to agree in writing to
use those CDBG funds designated as contingency in Exhibit B attached hereto, to
fund the construction costs to meet the lowest and best bid received by the
Subrecipient. If the Grantee approves the use of contingency funds to meet the lowest
and best bid, then the Subrecipient, upon receipt of such notification, shall proceed to
let the contract, incorporating all required provisions, and continue with construction
of the Project; or
2. Subrecipient may notify Grantee of the bid and agree in writing to pay the additional
cost of the Project. In the event the Subrecipient agrees in writing to pay the
additional costs, then and in that event the Subrecipient. will proceed to let the
contract and continue with the construction of the Project. If the Subrecipient fails to
agree in writing to pay said additional costs and Grantee fails to use contingency
funds, then in that event, the Subrecipient may reject all bids and elect not to proceed
2
with the letting of the contract and terminate the Project without any further
obligations to Grantee; or
3. Subrecipient may notify Grantee of the bid and undertake to negotiate with the
Grantee for Grantee to agree in writing to reduce or delete specific items in the bid
proposal so that bids will be within the amount of available construction funds. In the
event Grantee agrees in writing to reduce or delete items in the bid proposal, the
Subrecipient will re-bid the project and proceed as if it were the original bid; or
4. Subrecipient may reject all bids and elect not to proceed with the letting of the contract
and terminate the Project, giving the Grantee written notice of its termination.
The project contractor shall furnish, deliver, and install one 4'-0" X 8'-0" temporary
project sign according to Harris County specifications. The Subrecipient will ensure
that the specifications are made part of the project manual and the cost of the project
sign is included in all bids.
Within thirty (30) days after notification by Grantee to Subrecipient that the bid has
been approved, the contract shall be awarded to the lowest and best bidder, in
accordance with the usual and customary procedures of the Grantee. Grantee will
contract directly with the contractor, incorporating all requirements of this Agreement
therein.
The Grantee may terminate this Agreement without cause, at any time prior to the
letting of the contract for installation of the Project, by written notice to the
Subrecipient, and the Subrecipient shall have no obligation thereunder except to
return to Grantee the funds paid to the Subrecipient, if any, by Grantee pursuant to
this Agreement.
During the construction of the Project, Grantee and Subrecipient shall have the right
to review all documents, maps, plats, records, photographs, reports or plans affecting
said installation. The Subrecipient shall, at its sole expense, furnish the necessary
inspection personnel to assure itself of compliance with the installation contract.
B. Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against goals and
performance standards required herein. Substandard performance as determined
by the Grantee will constitute non-compliance with this Agreement. If action to
correct such substandard performance is not taken by the Subrecipient within a
reasonable period of time after being notified by the Gra,ntee, contract suspension
or termination procedures will be initiated pursuant to 24 CFR 85.43.
II. TIME OF PERFORMANCE
3
Services of the Subrecipient shall start within 7 days after the date of this Agreement and
shall terminate when the Project is completed. In addition, the Subrecipient's covenants
and Agreements shall extend for five (5) years after the funds provided for this Project are
fully spent, in accordance with 24 CFR 570.505 and with applicable OMB circulars.
ill. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee
under this Agreement shall not exceed ONE HUNDRED FIFTY THOUSAND AND
NOll 00 DOLLARS ($150,000.00). Draw downs for the payment of eligible expenses
shall be made against the line item budget specified in Exhibit B in accordance with
performance. Expenses for general administration shall also be paid against the line item
budget specified in Exhibit B and in accordance with performance. The Grantee will
make direct payments to the contractor in accordance with Harris County guidelines.
Invoices must be submitted on or before the fifteenth working day of the month for
eligible costs incurred during the preceding month, and shall be on a form approved by
Harris County Auditor. Prior to payment all invoices must be approved by the HCOHED
and the Harris County Auditor. (A standard AIA form is acceptable.)
The Grantee has no County funds for the payment of services to be rendered under this
Agreement. It is expressly understood that Grantee's obligation under this Agreement is
contingent upon receipt of funds for such purpose from the U.S. Department of Housing
and Urban Development (HUD), by virtue of the above mentioned Grant(s).
Accordingly, notwithstanding anything herein to the contrary, the maximum liability of
the Grantee under this Agreement, shall not exceed $150,000.00 or the amount actually
received by the Grantee from HUD pursuant to the Grant, whichever is less, and
Subrecipient, by execution of this Agreement, acknowledges its understanding of this
fact.
The Subrecipient understands and agrees that reimbursement for costs under this Contract
shall be in accordance with all applicable federal rules, regulations, cost principles, and
other requirements relating to reimbursement with Housing and Urban Development
(HUD) grant funds. The County shall pay for only those costs that are allowable under
said rules, regulations, cost principles and requirements. The Subrecipient agrees to
repay County in full for any costs paid by County under this contract that are disallowed
or determined to have been ineligible for payment with HUD grant funds.
V. NOTICES
Communication and details concerning this contract shall be directed to the following
contract representatives:
Grantee
Subrecipient
David B. Turkel, Director
Mr. John Joerns
4
Harris County Office of Housing
And Economic Development
8410 Lantern Point
Houston, Texas 77054
Acting City Manager,
City of La Porte
604 W. Fairmont Pkwy
La Porte, Texas 77571
VI. SPECIAL CONDITIONS
The Subrecipient agrees to comply with the requirements of 24 C.F.R. Part 570 and all
federal regulations and policies issued concerning the CDBG program. The Subrecipient
further agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
VD. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with all applicable federal, state and local laws and
regulations governing the funds provided under this Agreement, including Executive
Order 12372, governing the review and coordination of Federally assisted programs and
projects.
B. Independent Contractor
Subrecipient shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of Grantee. Subrecipient shall have exclusive control of, and
the exclusive right to control, the details of the work and services performed hereunder,
and all persons performing same, and shall be solely responsible for the acts and
omissions of its officers, members, agents, servants, employees, sub-Subrecipients,
program participants, licensees or invitees. The doctrine of respondeat superior shall not
apply as between Grantee and Subrecipient, its officers, members, agents, servants,
employees, sub-Subrecipients, program participants, licensees or invitees, and nothing
herein shall be construed as creating a partnership or joint enterprise between Grantee and
Subrecipient. It is expressly understood and agreed that no officer, member, agent,
employee, sub-Subrecipient, licensee or invitee of the Subrecipient, nor any program
participant hereunder, is in the paid service of Grantee and that Grantee does not have the
legal right to control the details of the tasks performed hereunder by Subrecipient, its
officers, members, agents, employees, sub-Subrecipients, program participants, licensees
or invitees.
Grantee shall in no way nor under any circumstances be responsible for any property
belonging to Subrecipient, its officers, members agents, empl9yees, sub-Subrecipients,
program participants, licensees or invitees, which may be lost, stolen, destroyed or in any
way damaged.
C. Workers' Compensation
5
The Subrecipient shall provide Workers' Compensation Insurance coverage for all
employees involved in the performance of this Agreement. Subrecipient must provide to
RCORED a Certificate of such insurance. Subrecipient agrees to require any sub-
Subrecipients to carry Workers' Compensation Insurance coverage for all employees
involved in the performance of this Agreement. The Subrecipient shall also abide by the
Contract Work Rours and Safety Standards Act of 1962 (40 U.S.c. 327 et seq.).
D. Insurance and Bonding
Subrecipient will obtain and maintain during the term of this Agreement public liability
and automobile liability insurance covering all risks incident to or in connection with the
execution, performance, attempted performance or nonperformance of this Agreement.
The amounts of such insurance shall not be less than the maximum liability which can be
imposed on Grantee under the laws of the State of Texas. At present, such amounts are
as follows:
Bodily injury or death, per person
$100,000
Bodily injury or death, per occurrence
$300,000
Property damage, per occurrence
$100,000
Subrecipient agrees that such insurance amounts shall be revised upward at Grantee's
option and that Subrecipient shall revise such amounts within 30 days following notice to
Subrecipient of such requirements.
Subrecipient will submit to Grantee documentation that it has obtained insurance
coverage as required in this contract within 30 days of the execution of this contract and
prior to payment of any monies hereunder.
Subrecipient will comply with the insurance and bonding requirements of OMB Circular
A-I02.
E. Grantor Recognition
The Subrecipient shall insure recognition of the role of the grantor agency in providing
services through this Agreement. All activities, facilities and items utilized pursuant to
this Agreement shall be prominently labeled as to funding source. In addition, the
Subrecipient will include a reference to the support provided herein in all publications
made possible with funds made available under this Agreement.
F. Amendments
6
Grantee or Subrecipient may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing,
signed by a duly authorized representative of each organization, and approved by the
Grantee's governing body.
Additionally, Grantee may, in its discretion, amend this Agreement to conform with
federal, state or local governmental guidelines, policies and available funding amounts, or
for other reasons. If such amendment results in a change in the funding, the scope of
services, or schedule of the activities to be undertaken as part of this Agreement, such
modifications will be effected only by written amendment signed by both Grantee and
Subrecipient.
G. Suspension or Termination
Either party may terminate this Agreement prior to the award of the installation contract
by Subrecipient, as described above, by giving written notice to the other party of such
termination and specifying the effective date thereof at least 30 days before the effective
date of such termination. Partial terminations, including of the Scope of Service in
Paragraph IA above, may be undertaken only with the prior approval of Grantee.
Grantee may also suspend or terminate this Agreement, in whole or in part, if
Subrecipient materially fails to comply with any term of this Agreement, or with any of
the rules, regulations or provisions referred to herein; and the Grantee may declare the
Subrecipient ineligible for any further participation in Grantee Agreements, in addition to
other remedies as provided by law. Additionally, in the event there is probable cause to
believe the Subrecipient is in noncompliance with any applicable rules or regulations, the
Grantee may withhold up to 15 percent of said Agreement funds until such time as the
Subrecipient is found to be in compliance by the Grantee, or is otherwise adjudicated to
be in compliance.
Termination, or expiration, of this Agreement shall not relieve Subrecipient of liability
for any breach of this Agreement that occurs prior to such termination or expiration.
H. Reversion of Assets
Upon expiration of the term of this Agreement, the Subrecipient shall transfer to the
Grantee any CDBG funds on hand at the time of expiration which were not used in
performance of the project and any account receivable attributable to the use of
CDBG funds.
VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
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1. Accounting Standards
The Subrecipient agrees to comply with Subpart C of OMB Circular A-102 and
agrees to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with OMB
Circulars A-87 and the applicable sections of 24 C.F.R. Part 85, "Uniform
Administrative Requirements for Grants and Cooperative agreements to State and
Local Governments," for all costs incurred whether charged on a direct or indirect
basis.
B. Documentation and Record-Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the federal regulations
specified in 24 C.F.R. 570.506 and that are pertinent to the activities to be funded
under this Agreement. Such records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of
the National Objectives ofthe CDBG program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
f. Financial records as required by 24 C.F.R. 570.502, and OMB
Circular A -133; and
g. Other records necessary to document compliance with Subpart K
of24 C.F.R. Part 570.
2. Retention
The Subrecipient shall retain all records pertinent to expenditures incurred under
this Agreement for a period of 5 years after the terminatipn of all activities funded
under this Agreement, or after the resolution of all Federal audit findings, which
ever occurs later. Records for non-expendable property acquired with funds under
this Agreement shall be retained for 5 years after final disposition of such
8
property. Records for any displaced person must be kept for 5 years after he/she
has received final payment.
Subrecipient must also comply with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970.
Notwithstanding the above, if there is litigation, claims, audits, negotiations or
other actions that involve any of the records cited and that have started before the
expiration of the above-described periods, then such records must be retained until
completion of the actions and resolution of all issues, or the expiration of the
above-described periods, whichever occurs later.
3. Reports
The Subrecipient shall furnish reports to the Grantee, which include, but may not
be limited to the following, if applicable:
A. Payment Request submitted monthly to Grantee.
B. Weekly Payroll Reports from General Contractors and all Subcontractors.
Monthly reports are to be submitted within 15 working days of the end of the
reporting periods. The quarterly performance reports are due within 15 days after
the end of the previous quarter and the annual performance report is due within
one month after the end of the contract period.
Failure to comply with the reporting requirements of this Article shall be a
material breach of the contract and funding will be withheld from the Subrecipient
until such time as the reports are submitted.
The Subrecipient agrees to cooperate in periodic site visits and annual program
and financial monitoring visits which will be conducted by the HCOHED staff
and/or the Harris County Auditor's staff.
4. Property Records
The Subrecipient shall maintain real property inventory records, which clearly
identify properties purchased, improved or sold. Properties retained shall
continue to meet eligibility criteria and shall conform to the "changes in use"
restrictions specified in 24 C.F.R. 570.503(b)(8).
5. National Obiectives
The Subrecipient agrees to maintain documentation that demonstrates that the
activities carried out with funds provided under this Agreement meet one or more
of the CDBG program's national objectives-I) benefit low/moderate income
9
persons, 2) aid in the prevention or elimination of slums or blight, 3) meet
community development needs having a particular urgency - as defined in 24
C.F.R. 570.208.
6. Close-Outs
Subrecipient's obligation to the Grantee shall not end until all close-out
requirements described in 24 C.F.R. 85.50 are completed to the satisfaction of the
HCOHED and the Harris County Auditor. Activities during this close-out period
shall include, but are not limited to, making final payments, disposing of program
assets, including the return of all unused materials, equipment, unspent cash
advances, program income balances, and accounts receivable to the Grantee, and
determining the custodianship of records.
7. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement
shall be made available to the Grantee, its designees or the Federal Government,
at any time during normal business hours, as often as the Grantee or other agency
deems necessary, to audit, examine, and make excerpts or transcripts of all
relevant data. Any deficiencies noted in audit reports must be fully cleared by the
Subrecipient within 30 days after receipt by the Subrecipient. Failure of the
Subrecipient to comply with the above audit requirements will constitute a
violation of this Agreement and may result in the withholding of future payments.
Subrecipient hereby agrees to have an annual agency audit conducted in
accordance with Generally Accepted Governmental Auditing Standards (the
"Yellow Book"), and OMB Circular A-133. The audit must include a statement
regarding compliance with Federal Regulations, including national objectives of
the program.
C. Reporting and Payment Procedures
1. Budgets
The Subrecipient has submitted a detailed budget (see Exhibit B) in a form and
content prescribed by Harris County Auditor. The Grantee and the Subrecipient
may agree to revise the budget from time to time in accordance with existing
county policies.
2. Program Income
The Subrecipient shall report all program income as defined at 24 C.F.R.
570.500(a) generated by activities carried out with CDBG funds made available
under this Agreement. The use of program income by the Subrecipient shall
comply with the requirements set forth at 24 C.F.R. 570.504. By way of further
10
limitations, the Subrecipient may use such income during the contract period for
activities permitted under this Agreement and shall reduce requests for additional
funds by the amount of any such program income balances on hand. All unused
program income shall be returned to the Grantee at the end of the contract period.
Any interest earned on cash advances from the U.S. Treasury is not program
income and shall be remitted promptly to the Grantee.
3. Indirect Costs
If indirect costs are charged, the Subrecipient will develop an indirect cost
allocation plan for determining the appropriate Grantee share of administrative
costs and shall submit such plan to the Grantee for approval.
4. Payment Procedures
The Grantee will pay to the Subrecipient funds available under this Agreement
based upon information submitted by the Subrecipient and consistent with any
approved budget and county policy concerning payment. With the exception of
certain advances, payments will be made for eligible expenses actually incurred by
the Subrecipient, and not to exceed actual cash requirements. Payments will be
adjusted by the Grantee in accordance with advance fund and program income
balances available in Subrecipient accounts. In addition, the Grantee reserves the
right to liquidate funds available under this Agreement for costs incurred by the
Grantee on behalf of the Subrecipient.
D. Procurement
1. Compliance
The Subrecipient shall comply with state law concemmg the purchase of
equipment and services. Any real or personal property under Subrecipient's
control that was acquired or improved in whole or in part with CDBG funds must
either be:
a. Used by the Subrecipient to meet one of the national objectives in 24
C.F.R. 570.200(a) (2) and (3) until 5 years after expiration or
termination of the Grantee's Agreement with HUD; or
b. Transferred to the Grantee; or
c. Disposed of in a manner, consistent with 24 C..F .R. 85.31, which results
in the amount of the then current fair market value of the property less
any portion thereof attributable to expenditures of non-CDBG funds
for acquisition thereof, or improvements to, the property being
reimbursed to the Grantee. Such reimbursement is not required if
11
disposed of more than 5 years after the expiration or termination of this
Agreement.
d. Further, if within 5 years of the termination or expiration of this
Agreement, the Subrecipient ceases to use any or all personal property
attributable to CDBG funds to meet a national objective, the personal
property shall, in accordance with 24 C.F.R. 85.32, either revert to the
Grantee or be disposed of in accordance with the applicable federal
rules and regulations, including but not limited to OMB Circular A-
102, Subpart C.
e. The Grantee in its sole discretion shall determine whether or not the
Subrecipient use of any property meets a national objective contained
in 24 C.F.R. 570.200(a) (2) and (3).
f. After the expiration of 5 years, the Subrecipient shall have no
obligation to comply with this section regarding real or personal
property.
2. OMB Standards
The Subrecipient shall procure materials in accordance with the requirements of
Subpart C of OMB Circular A-l02, Procurement Standards, and shall
subsequently follow Subpart C, Property Management Standards, covering
utilization and disposal of property.
3. Travel
Subrecipient must comply with Rarris County travel guidelines and obtain written
approval from the RCORED for any travel outside the Grantee's service area with
funds provided under this Agreement.
4. Relocation, Acquisition and Displacement
The Subrecipient agrees to comply with 24 C.F.R. 570.606 relating to the
acquisition and disposition of all real property utilizing grant funds, and to the
displacement of persons, businesses, non-profit organizations and farms occurring
as a direct result of any acquisition of real property utilizing grant funds. The
Subrecipient agrees to comply with applicable Grantee Orders, and Policies
concerning displacement of individuals from their residences, including The
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970.
IX. PERSONNEL & PAR TICIP ANT CONDITIONS
12
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964
as amended, Title vrn of the Civil Rights Act of 1968 as amended, Section 109 of
Title 1 of the Housing and Community Development Act of 1974, Section 504 of
the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the
Age Discrimination Act of 1975, Executive Order 11063, and with Executive
Order 11246 as amended by Executive Orders 11375 and 12086 and all other
applicable requirements of24 C.F.R. Part 570, Subpart K.
2. Nondiscrimination
The Subrecipient will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age marital status, or status with regard to public
assistance. The Subrecipient will take affirmative action to insure that all
employment practices are free from such discrimination. Such employment
practices include but are not limited to the following: hiring, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff, termination, rates of payor
other forms of compensation, and selection for training, including apprenticeship.
The Subrecipient agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Subrecipient setting
forth the provisions of this nondiscrimination clause. Subrecipient shall also
abide by Title IX of the Education Amendments of 1972 (20U.S.C. - 1681 et
seq.) which prohibits sex discrimination in federally assisted education programs.
3. Section 504
The Subrecipient agrees to comply with any federal regulations issued pursuant to
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706), which prohibits
discrimination against the handicapped in any federally assisted program. The
Grantee shall provide the Subrecipient with any guidelines necessary for
compliance with that portion of the regulations in force during the term of this
Agreement.
4. Drug Free Workplace
All profit or non-profit agencies or organizations receiving state or federal grant
funds under the official sponsorship of Harris County must certify on an annual
basis their compliance with the requirements of the Drug Free- Workplace Act of
1988. Employees are specifically prohibited from manufacturing, distributing,
possessing, purchasing, and using illegal drugs or controlled substances in the
13
workplace or in any other facility, location or transport in which the employee is
required to be present in order to perform his or her job function.
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the
Grantee's specifications an Affirmative Action Program in keeping with the
principles as provided in President's Executive Order 11246 of September 24,
1965. The Grantee shall provide Affirmative Action guidelines to the
Subrecipient to assist in the formulation of such program. The Subrecipient shall
submit a plan for an Affirmative Action Program for approval prior to the award
of funds.
2. W /MBE
The Subrecipient will use its best efforts to afford minority- and women-owned
business enterprises the maximum practicable opportunity to participate in the
performance of this contract. As used in this contract, the term "minority and
female business enterprise" means a business at least 51 percent owned and
controlled by minority group members or women. For the purpose of this
definition, "minority group members" are Afro-Americans, Spanish-speaking,
Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and
American Indians. The Subrecipient may rely on written representations by
businesses regarding their status as minority and female business enterprises in
lieu of an independent investigation.
3. Access to Records
The Subrecipient shall furnish and cause each of its sub-Subrecipients to furnish
all information and reports required hereunder and will permit access to its books,
records and accounts by the Grantee, HUD or its agent, or other authorized federal
officials for purposes of investigation to ascertain compliance with the rules,
regulations and provisions stated herein.
4. Notifications
The Subrecipient will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other agreement or
understanding, a notice, to be provided by the agency cOI).tracting officer, advising
the labor union or worker's representative of the Subrecipient's commitments
hereunder, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
14
.
5. EEO/AA Statement
The Subrecipient will, in all solicitations or advertisements for employees placed
by or on behalf of the Subrecipient, state that it is an Equal Opportunity or
Affirmative Action Employer, as applicable.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs vrn A, Civil Rights,
and B, Affirmative Action, in every subcontract or purchase order, specifically or
by reference, so that such provisions will be binding upon each sub-Subrecipient
or vendor.
c.
Employment Restrictions
1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for political activities; sectarian, or
religious activities; lobbying, political patronage, and nepotism activities.
2. OSHA
Where employees are engaged in activities not covered under the Occupational
Safety and Health Act of 1970, they shall not be required or permitted to work, be
trained, or receive services in buildings or surroundings or under working
conditions which are unsanitary, hazardous or dangerous to the participant's health
or safety.
3. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of
Labor issued in accordance with the provisions of Contract Work Hours and
Safety Standards Act [40 U.S.c. 327-330] as supplemented by Department of
Labor regulations, the Copeland "Anti-Kickback" Act [18 U.S.C 874], the Davis-
Bacon Act [40 U.S.c. 276(a) to a-7], and all other applicable federal, state and
local laws and regulations pertaining to labor standards, insofar as those acts apply
to the performance of this Agreement. The Subrecipient shall maintain
documentation which demonstrates compliance with hour and wage requirements
of this section. Such documentation shall be made available to the Grantee for
review upon request. The Subrecipient shall also abide 1:>y Chapter 11 of Title 18
of the U.S. Code (18 U.S.c. 201-224) which prohibits a number of criminal
activities, including bribery, graft and conflict of interest.
15
The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property designed for residential use for less than 8
households, all contractors engaged under contracts in excess of $2,000.00 for
construction, renovation or repair of any building or work financed in whole or in
part with assistance provided under this Agreement, shall comply with federal
requirements adopted by the Grantee pertaining to such contracts and with the
applicable requirements of the regulations of the Department of Labor, under 29
C.F.R., Parts 1, 3, 5, and 7 governing the payment of wages and ratio of
apprentices and trainees to journeymen; provided, that if wage rates higher than
those required under the regulations are imposed by state or local law, nothing
hereunder is intended to relieve the Subrecipient of its obligation, if any, to
require payment of the higher wage. The Subrecipient shall cause or require to be
inserted in full, in all such contracts subject to such regulations, provisions
meeting the requirements of this paragraph.
4. "Section 3" Clause
a. Compliance
Compliance with the provisions of Section 3 of the Housing and Urban
Development Act of 1968, as amended, the regulations set forth in 24
C.F.R. Part 135, and all applicable rules and orders issued hereunder prior
to the execution of this Agreement, shall be a condition of the federal
financial assistance provided under this Agreement and binding upon the
Grantee, the Subrecipient and any sub-Subrecipients. Failure to fulfill
these requirements shall subject the Grantee, the Subrecipient and any sub-
Subrecipients, their successors and assigns, to those sanctions specified by
the Agreement through which federal assistance is provided, and as set out
in 24 C.F.R. Part 135, Subpart O. The Subrecipient certifies and agrees
that no contractual or other disability exists which would prevent
compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3"
requirements and to include the following language in all subcontracts
executed under this Agreement.
"The work to be performed under this contract is a project assisted
under a program providing direct federal financial assistance from
HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended, 12
D.S.C. 1701. Section 3 requires that, to the greatest extent
feasible, opportunities for training and employment be given to
lower income residents of the project area and contracts for work
in connection with the project be awarded to business concerns
16
which are located in, or owned in substantial part, by persons
residing in the areas of the project."
The Subrecipient certifies and agrees that no contractual or other disability
exists which would prevent compliance with the requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or
representative of workers with which it has a collective bargaining
agreement or other contract or understanding, if any, a notice advising said
labor organization or worker's representative of its commitments under
this Section 3 clause and shall post copies of the notice in conspicuous
places available to employees and applicants for employment or training.
c. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract
and will take appropriate action pursuant to the subcontract upon a finding
that the sub-Subrecipient is in violation of regulations issued by the
Grantor Agency. The Subrecipient will not subcontract with any sub-
Subrecipient where it has notice or knowledge that the latter has been
found in violation of regulations under 24 C.F.R. Part 135 and will not let
any subcontract unless the sub-Subrecipient has first provided it with
preliminary statement of ability to comply with the requirements of these
regulations.
D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement
without the prior written consent of the Grantee thereto; provided, however, that
claims for money due or to become due to the Subrecipient from the Grantee
under this Agreement may be assigned to a bank, trust company, or other financial
institution without such approval. Notice of any such assignment or transfer shall
be furnished promptly to the Grantee.
2. Hatch Act
The Subrecipient agrees that no funds provided, nor p.ersonnel employed under
this Agreement, shall be in any way or to any extent engaged in the conduct of
political activities in violation of Chapter 15 of Title V United States Code.
3. Conflict of Interest
17
The Subrecipient agrees to abide by the provisions of 24 C.F.R. 570.611 with
respect to conflicts of interest, and covenants that it presently has no financial
interest and shall not acquire any financial interest, direct or indirect, which would
conflict in any manner or degree with the performance of services required under
this Agreement. The Subrecipient further covenants that in the performance of
this Agreement no person having such a financial interest shall be employed or
retained by the Subrecipient hereunder. These conflict of interest provisions apply
to any person who is an employee, agent, consultant, officer, or elected official or
appointed official of the Grantee, or of any designated public agencies or
subrecipients that are receiving funds under the CDBG Entitlement program.
The Subrecipient also agrees to abide by 18 D.S.C. 286, which provides for
conspiracy to defraud the Federal Government with Respect to Claims. In
addition, the Subrecipient will also abide by the False Claims Act (31 D.S.C. 3729
et seq.), 18 US.c. 287 relating to False, Fictitious and Fraudulent Claims, 18
D.S.C. 245 Federally Protected Activities, 18 D.S.C. 1001 regarding General
Statements or Entries, the Program Fraud Civil Remedies Act (31 US.C. 3801-
3812), the Federal Claims Collection Act of 1966 (31 D.S.C. 952) as amended by
the Derby Collection Act of 1982, the Meritorious Claims Act (31 D.S.C. 3702),
the Tucker Act (28 US.C. 1346, 1491, and 2501), the Wunderlich Act (41 D.S.C.
321-322), the Anti-Deficiency Act (31 D.S.C. 1341), and Section 208(a) of the
Intergovernmental Personnel Act of 1970, as amended.
4. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this Agreement without the written
consent of the Grantee prior to the execution of such agreement.
b. Monitoring
The Subrecipient will monitor all subcontracted services on a regular basis
to assure contract compliance. Results of monitoring efforts shall be
summarized in written reports and supported with documented evidence of
follow-up actions taken to correct areas of noncompliance.
c. Content
The Subrecipient shall cause all of the provisions of this Agreement in its
entirety to be included in and made a part of any subcontract executed in
the performance of this Agreement.
18
d. Selection Process
The Subrecipient shall undertake to insure that all subcontracts let in the
performance of this Agreement shall be awarded on a fair and open
competition basis. Executed copies of all subcontracts shall be forwarded
to the Grantee along with documentation concerning the selection process.
Subrecipient must adopt and utilize written selection criteria for use in the
selection of subcontractors, which selection criteria must conform to the
procurement requirements of24 C.F.R. 85.36.
5. Copyright
If this Agreement results in any copyrightable material, the Grantee and/or
grantor agency reserves the right to royalty-free, non-exclusive and
irrevocable license to reproduce, publish or otherwise use and to authorize
others to use, the work for government purposes.
6. Religious Organization
The Subrecipient agrees that funds provided under this Agreement will not
be utilized for religious activities, to promote religious interests, or for the
benefit of a religious organization in accordance with the federal
regulations specified in 24 C.F.R. 570.2000).
x. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following regulations insofar as they apply to
the performance of this Agreement:
.
Clean Air Act, 42 D.S.C. 1857, et seq., and S 7401 et seq.
Clean Water Act, 33 D.S.C. 1368
Executive Order 11738
Federal Water Pollution Control Act, as amended, 33 D.S.C. 1251, et seq., and 1318,
relating to inspection, monitoring, entry, reports, and information, and all regulations
guidelines issued thereunder.
Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R., Part 50,
as amended.
National Environmental Policy Act of 1969 (42 D.S.C. 432 et seq.; as amended)
HUD Environmental Review Procedures (24 C.F.R., Part 58).
.
.
.
.
.
.
B.
Flood Disaster Protection
19
The Subrecipient agrees to comply with the requirements of the Flood Disaster Protection
Act of 1973 (P.L.-2234) in regard to the sale, lease or other transfer of land acquired,
cleared or improved under the terms of this Agreement, as it may apply to the provisions
of this Agreement.
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures
with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint
Regulations at 24 C.F.R. 570.608, and 24 C.F.R. Part 35, and in particular Sub-Part B
thereof. Such regulations pertain to all HUD-assisted housing and require that all owners,
prospective owners, and tenants of properties constructed prior to 1978 be properly
notified that such properties may include lead-based paint. Such notification shall point
out the hazards of lead-based paint and explain the symptoms, treatment and precautions
that should be taken when dealing with lead-based paint poisoning, and of the advisability
and availability of blood-level screening for children under 7 years of age.
D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth
in the National Historic Preservation Act of 1966, as amended (16 V.S.C. 470) and the
procedures set forth in 36 C.F.R., Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance
of this Agreement.
In general this requires concurrence from the Texas Historical Commission and
Antiquities Committee for all rehabilitation and demolition of historic properties that are
fifty years old or older or that are included on a Federal, State, or local historic property
list.
E. Wildlife Protection
The Subrecipient agrees to comply with the requirements of the Endangered Species Act
of 1973 as listed in 50 C.F.R. 17.11 and 50 C.F.R. Part 451, the Lacey Act (18 V.S.c.
42), the Migratory Bird Treaty Act (16 V.S.c. 703-12), the Fish and Wildlife
Coordination Act (16 V.S.C. 661-667e), Section 4(f) of the Department of Transportation
Act (49 V.S.C. 1653(f), the Federal Water Pollution Control Act (33 V.S.C. 1251 et seq.),
the Coastal Zone Management Act of 1972, as amended (16 V.S.C. 1451), and the Safe
Drinking Water Act of 1974 (42 V.S.C. 300f to j-10), insofar as they apply to the
performance of this Agreement.
20
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the il./ll-' day of
[J~bf)e( ,2002.
Gel" '4 2 2002
Harris County
City of La Porte
BY:~
ROBERT ECKELS, County Judge
( /~t is ~~ Attest:~YA-/iuttI
DAVID B. TURKEL, Director Secretary
Harris County Office of Housing
And Economic Development
APP~~d as to Form:/ /~
~ , 7,/ "--'-1 /" .../
~~. - _ .: L L- . (. ;_'-1/,_. ~'
Knox W. Askins, City Attorney
21
AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the amount of $150,000.00 to pay the obligation of
Harris County under this contract.
TOMMY J. TOMPKINS
County Auditor
21A
EXHIBIT A
HARRIS COUNTY OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
SUBRECIPIENT CONSTRUCTION
POLICIES
These policies are intended to assist those public entities receiving Harris County Office of Housing and
Economic Development Block Grant funds. They will facilitate the entity's understanding and compliance
with applicable federal and county regulations, policies and processes where the entity is responsible for
design, bidding and construction contract administration. If clarification is needed, call Joseph L.
Thompson at 713-747-0132.
1. If federal funds will be used to retain consultants, the entity must advertise Request for
Qualification Statement (RFQ). The entity shall submit the draft RFQ for approval prior to
advertisement. The responding consultant's SF 254 and 255 qualification statements must be
submitted for review to Harris County Office of Housing and Economic Development (HCOHED)
prior to commissioning the consultants. Upon approval by HCOHED. the entity may retain
consultant(s).
2. The entity will advertise for bids and award contracts in compliance with the State of Texas
bidding procedures and the Sections listed below from 24 C.F.R. 85:
Section 85.20 Standards for Financial Management Systems
(Except subparagraph a)
Section 85.36 "Procurement," except paragraph (a)
Section 85.42 "Retention and Access Requirements
for Records"
3. The preliminary drawings must be within the previously approved project scope. All construction
projects must comply with Harris County requirements and the policies and procedures of Harris
County's Department of Public Infrastructure, Purchasing Agent, Auditor and HCOHED.
4. Entity will incorporate into the construction documents any and all Department of Housing and
Urban Development requirements. Final documents must se approved by HCOHED.
5. Prior to award of contract, HCOHED will review the bid documents, the bidder's qualification
statements, minority business plan and financial statements to ensure that the contractor has a
good contracting record, adequate capitalization, equipment, and personnel to successfully
complete the project, meets minority participation goals and that the bidder has not been debarred
by HUD from working on federal contracts.
6. The entity, the consultant, and HCOHED will conduct a prebid meeting and a preconstruction
conference with the contractor(s).
7. The entity shall, at its sole expense, furnish the necessary inspection personnel to assure itself of
compliance with the construction contract. The Architect or Engineer of record will have final
authority in all construction disputes.
8. The entity and contractor will be responsible for preparing monthly pay requests to be reviewed by
the consultant prior to submittal for payment. Preparation will consist of a site meeting with the
22
consultant and the contractor's representative to accurately determine the percentage completion
of various components of the work and time used. The entity, the consultant, and the contractor
will be required to sign each monthly estimate prior to being processed for payment.
9. All change orders must be approved in writing by the entity prior to any alterations or modifications
of the work or specifications. The entity will be responsible for any increase in cost based on any
change order required due to errors and/or omissions. Total aggregate Changes in Contract will
not exceed twenty five percent of the original contract amount.
10. Entity will submit or cause to be submitted, weekly payrolls for general contractor and all
subcontractors to HCOHED for review. HCOHED will review all payrolls and conduct worker
interviews and will hold the general contractor responsible for compliance with labor, EEO and
minority business requirements. The County through HCOHED reserves the right to withhold
funds from the general contractor to compensate workers in accordance with the appropriate
wage scales as promulgated by the U.S. Department of Labor.
11. The entity must submit the following documentation to HCOHED prior to award of the
construction contract:
}> Copy of the bid advertisement.
}> Copy of the bid tabulations.
}> Copies of all bids submitted.
}> Copies of bidders' bid bonds or cashiers checks.
}> Copy of the minutes and attendance roster of the bid opening.
}> Consultant's recommendation of contractor.
}> Request authorization from HCOHED to award project to lowest/best bidder.
12. The entity must submit the following documentation after award of contract:
}> Copy of the performance, payment and maintenance bonds.
}> Copy of "Certificate of Authority" issued by the State Board of Insurance of Texas for the surety
company. Only companies listed in the Department of the Treasury circular #570 (most recent issue)
will be accepted.
}> Certification of bid award by the City Council/Board.
}> Original copy of the executed contract between the successful bidder and the entity.
}> Copy of the purchase order.
}> Copy of subcontractor list.
}> Schedule of values based on standard Construction Specifications Institute (CSI) format (16 divisions)
and given in labor and materials listed separately per line item including overhead and profit for each.
}> Construction schedule (Bar Chart or Critical Path Method).
13. The entity will not be permitted to perform any "force account work", wherein the entity uses their
own employees, materials, and/or equipment. All portions of construction work will be subject to
the competitive bidding process referenced above.
14. The entity's contractor shall furnish, deliver, and install one 4'-0" X 8'-0" temporary project sign
according to Harris County specifications. The entity will ensure that the specifications will be
made part of the project manual and the cost of the project sign will be included in all bids.
15. The entity's contractor, on all buildinq projects, shall furnish, deliver, and install one 18" X 24"
bronze plaque built according to Harris County specifications. The entity will ensure that the
specifications will be made part of the project manual and the cost of the plaque will be included in
all bids.
23
EXHIBIT B
BUDGET
CATEGORY HCOHED MATCH TOTAL
Construction! $120,000 0 $120,000
Installation
Contingency $10,000 0 $10,000
Testing $10,000 0 $10,000
Design $10,000 0 0
Admin/Inspection 0 $8,000 $8,000
Oversight
Survey 0 $5,000 $5,000
Total $150,000 $13,000 $163,000
CDBG 2002 - $150,000
24
EXHIBIT C
Certification for Contracts, Grants, Loans
and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and beliefthat:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress in connection with the awarding 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.
(2) 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 Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all sub awards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. 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 that $100,000 for each such failure.
Executed this 1 0/'1- day of ~ -tv 6 f ( , 20
BY~e) -
-.:John C Ste~/()5
(Type or Print Name)
Covered Action:
F't-fi ~ C~ MrayJf
(Title)
Pea e:m'I./t'J B((&~ ~(Q )ew
(Program, Projec or Activity)
25
THE STATE OF TEXAS
COUNTY OF HARRIS
Presented to Commissioners' Court
~
~
~
.
OCT 2 2 2002
APPROVE
Recorded Vol _ Page
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the
Harris County Administration Building in the City of Houston, Texas, on the day of
OC1 2 2 2002 , 2002, with the following members present, to-wit:
Robert Eckels
EI Franco Lee
James Fonteno
Steve Radack
Jerry Eversole
County Judge
Commissioner, Precinct No.1
Commissioner, Precinct No.2
Commissioner, Precinct No.3
Commissioner, Precinct No.4
and the following members absent, to-wit: ~
quorum, when among other business, the following was transacted:
, constituting a
ORDER AUTHORIZING EXECUTION OF THE AGREEMENT BETWEEN HARRIS
COUNTY AND THE CITY OF LA PORTE FOR THE PEDESTRIAN BRIDGE PROJECT
Commissioner G,.....~trodUced an order and made a motiou that the same be
adopted. Commissioner ~ ~ seconded the motIon for adoptIOn of the order.
The motion, carrying with it the adoptioll.oftheo[der, p~~vaile1.g~a~Re following vote:
o
o
o
o
D~ ~I~..l~
Cc~~rn. E\i\.~:-:ci;;; _-
The County Judge thereupon announced that tl1 motion had duly and lawfully carried and that
the order had been duly and lawfully adopted. The order thus adopted follows:
AYES:
NAYS:
ABSTENTIONS:
r-..~
L t
[~]
CC:,',1;;
RECITALS:
WHEREAS, the County has applied for and received funds from the United States Government
under Title 1 of the Housing and Community Development Act of 1974, Public Law 97-383
application number B-2002-UC-48-0002; CD2002-105.
WHEREAS, the County wishes to engage the City of La Porte to assist the County in utilizing
such funds;
WHEREAS, the City of La Porte shall insure recognition of the role of the County in providing
services through this contract. All activities, facilities, and items utilized pursuant to this
contract shall be prominently labeled as to funding source. In addition, the City of La Porte will
include reference to Harris County Office of Housing and Economic Development ("HCOHED")
26
for the support provided herein in all publications made possible with funds made available
under this contract.
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF
HARRIS COUNTY, TEXAS THAT:
Section 1:
The recitals set forth in this order are true and correct.
Section 2. The Agreement is approved and the County Judge of Harris County or his
designee is authorized to execute an Agreement between Harris County and the City of La Porte
for the Pedestrian Bridge Project, in the amount of $150.000.00. The Agreement is attached
hereto and made a part hereof for all purposes.
La Porte Ped Bridge:e:\qa\jt\cdbg02
0-105
27
MEETING HANDOUTS
,"
TO: La Porte Mayor Norman Malone, Interim City Manager John Joernes, ~
City Council persons /2
FROM: Rudy & Penny Garcia, 3110 Oakeu Lane, La Porte TX 77571-4224 f'" - ~ti(/
SUBJECT: COMMON LAW NUISANCES and HEALTH ENDANGERMENT U
from Fairmont Park Baptist Church's [FPBC) ineffective choices/leadership:
1. Concert bass noise (low frequency)
2. Lack of drainage
3. NOT mowed mounds & trash on property
4. NOT insulated midget ramp
DATE: October 14, 2002
Please take immediate action on the foUowing:
1. Revise the newlv-oassed La Porte noise ordinance bv addin2 that noise CANNOT be heard
within 50 ft. outside the buildin2 of the amolifvin2 eQuioment. i.e. Pasadena's noise ordinance.
NOTE: Low freQuency sounds must be addressed Quickly to save the nei2hbors' oriyacies and
ri2hts to enioyment of their homes.
a. At 62 decibels, we are still able to hear/feel the concert bass noise. Last concert was on Fri.,
Oct. 11 from 8:()()"'11:30 p.m. We talked to Bobby, Minister of Youth, who visited our home
at 8:15 p.m. after I walked to the church to ask that the bass be turned down. He was only
concerned that he was within the decibels even though he could hear/feel the bass while
standing behind and in front of our home as well as inside our home.
b. Called LPPD at 8:10 p.m., and Officer Sowers checked the decibels at the back of church
parking lot by our home, which registered 52 dee., bass he could also hear standing at our
front door (which is the opposite side of the church).
c. The concert volume was increased after Officer Sowers left the premises, and I had to sleep
with earplugs in our closed-door luest bedroom (opposite side of our home from church) after
taking anxiety and sleeping pills. The earplugs were not sufficient in our bedroom, which is
on the church side of our home. The next day I suffered drogginess unnecessarily.
2. ReQuire FPBC to finish their draina2e ditch behind our fence within 10 days. SEE PHOTOS.
a. It holds standing water and is not graded enoulh to drain water to their north side ditch.
b. See photos.
c. The church leaders have stalled on this issue for 4 consecutive summers.
3. ReQuire FPBC to mow or weedeat their mounds with over 8 ft. weeds. SEE PHOTOS.
a. Do their mounds for crosses on their new plan for the field have to be 100 ft. from our fence? New
dirt has already been added closer to our fence.
b. Why is the church providing a drain in an area close to their church, but not a drain where all the
water is and has been coUecting close to our fence? By the way, their ditch is tacky-looking.
4. ReQuire immediate insulation in the mid2et ramo that has been added to their entertainment.
5. ReQuire FPBC to lock uo the mid2et ramo when suoervision is NOT oresent.
6. Reauire FPBC to lock uo or throwaway all boardsllumber left accessible for children to use.
Would the City Councilpersons be so tolerant (1) if a neighbor caused noise during the church's
worship services or (2) if a neighbor caused standing water close to any of a church's entrances?
We expect that City action would have been taken long before twenty-two (22) months. It is your
job to protect the homeowners, and we have been waiting too long. FPBC has been protected too
long. We a~-e requesting feedback from the City to let us know what and when steps will be
taken. We urge your support. Thank you.