HomeMy WebLinkAbout2003-09-08 Regular Meeting, Public Hearing and Workshop Meeting
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MINUTES OF.THE REGULAR MEETING, PUBLIC HEARING
AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL
SEPTEMBER 8, 2003
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
Members ofCitv Council Present: Councilmembers Peter Griffiths, Chuck Engelken, Howard Ebow,
Bruce Meismer, James Warren, Charlie Young, Barry Beasley and Norman Malone
Members of Council Absent: Mike Mosteit
Members of City Executive Staff and City Emplovees Present: City Manager Debra Feazelle, Assistant
City Manager John Joerns, City Manager's Administrative Assistant Crystal Scott, Emergency Services
Director Joe Sease, Assistant .city Attorney Clark Askins, Interim Planning Director Nick Finan, Building
Official Debbie Wilmore, City Secretary Martha Gillett, Police Chief Richard Reff, Assistant City Manager
Cynthia Alexander, Assistant Finance Director Michael Dolby, Public Works Director Steve Gillett, Parks
and Recreation Director Stephen Barr, Fire Chief Mike Boaze and Assistant City Secretary Sharon Harris
Others Present: Sue Gale Mock Kooken, Carroll Lee Pruitt, Bill Scott, Dave Turnquist, Elizabeth Rivera,
Gary Shirley, Michelle DeBusk, Daniel Castafion, Rachel Poppa, Adrian Nava, Erica Manscal, Melissa
Montenego, Paula Denby, Alexandra Denby, Jean McElvogue, Mr. McElvogue, Colleen Hicks, Doug
Latimer, Tommy Moser, Bill White, Charlie Douglas Boyle and a number of other citizens
2. In lieu of an invocation, Mayor Malone read a remembrance in honor of September 11, 2001.
3. Mayor Malone led the Pledge of Allegiance.
4. PRESENTATIONS/PROCLAMATIONS
Mayor Malone presented the "Patriot Remembrance Day" Proclamation in honor of September 11, 2001.
S. CONSENT AGENDA
A. C;ouncil to consider approval or other action of the Minutes of the Regular Meeting and Workshop
Meeting held on August 25,2003.
B. Council to consider awarding a contract for Sole Source Mail Machine lease to Pitney Bowes as
presented by Finance Director Cynthia Alexander. .
C. Council to consider approval and issuance of a term contract with R&K Commercial Aquatics Services
for calcium hypochlorite briquettes for La Porte Municipal Pools as presented by Parks and Parks and
Recreation Director Stephen Barr.
D. Council to consider authorizing staffto proceed with the Procurement Credit Card Program as
presented by Purchasing Manager Susan Kelley.
Motion was made by Councilmember Beaslev to simultaneously vote and aoorove on all items of the
Consent Agenda. Second by Councilmember Young. The motion carried.
Ayes: Engelken, Meismer, Warren, Young, Ebow, Griffiths, Beasley and Malone
Nays: None
Abstain: None
City Council Regular Meeting, pUb.earing and Workshop Meeting - Septemb., 2003 - Page 2
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE
AGENDA
Bill Scott of 1807 Lomax School Road, La Porte, Texas 77571- This evening Mr. Scott will continue to
discuss public comments made about him by a Councilmember at the October 14,2002 Council Meeting.
Mr. Scott will refresh your memories, regarding the feedlot that is 50 feet upwind of his front door; with a
Councilmember stating adjoining landowners had no problem with the feedlot. Mr. Scott later responded,
with the fact, that he was the only adjoining landowner other than the feedlot owner himself, and the
landowner's undivided interest partners. Mr. Scott strongly objected to the feedlot, which makes the
Councilmember's statements completely untrue.
The Councilmember also attempted to use a City survey mailed to landowners within two hundred feet of
the feedlot, as evidence that the feedlot was good for the community. Before we look at that survey, Mr.
Scott would like Council to listen to an analogy that's very similar to what happened with the survey.
The Analogy - Suppose you have children, you voted in favor of a bond issue that would raise your taxes to
build a playground on the vacant land across the street from your home, the bond issue passed and the City
raised your taxes. Then the City decided to build a playground elsewhere and put a garbage truck repair
shop on the land across the street from your home; what would you call that Council? Fraud? Deception?
Corruption? Possibly TIlega!?
Now let's look at the survey the City mailed to landowners around the feedlot. The landowner fills in the
blank below "I'm in favor of'. This particular person I spoke with yesterday; filled "in favor of' the
feedlot; thinking it was for about six cattle, the maximum he had ever seen on the feedlot, and that's what
any reasonable citizen would have concluded. The landowner informed me he would have opposed the
cattle production had he known it would probably be granted for an unlimited numbers of animals. I
believe the other landowners would have opposed the cattle production also; it destroys property values in
the unlimited stage.
Comparing this playground analogy, what do we call the City Survey? Fraud? Deception? Corruption?
TIlegal? What is even more despicable than the deception is a Councilmember attempting to use the survey
to justify a feedlot of unlimited numbers of animals in a residential area.
I haye two 26-46 questions for Council: Number I - Who engineered and who reviewed this deception
against the citizens? The Survey? Number 2 - When are you going to start correcting this abuse? I also
have a 26-46 question for you personally, Mr. Malone; why did you attempt to use this legal garbage up
here to justify a feedlot. .
Now regarding ditches, which I spoke on before. The City has three strikes against it: Strike Number 1 -
allowing the Blackwell's to install culverts while our ditch is four feet deep and has standing water; the
same street, the same scenario, the drainage scenario. Strike Number 2 - the City digging our ditch deeper
so it has standing water rather than correcting our culvert? Strike Number 3 - the City installing our new
culvert one iilch deeper than the downstream culvert, after Mr. Scott specifically asked the City to install it
higher; it also has standing water.
Mr. Scott is through dealing with the City's ditch and culvert people; he is through asking for fair and equal
treatment. Now, I'm telling you, the culvert will be raised and the ditch will be filled so it drains. I suggest
you folks go out and look at it; it has standing water right, after the last rain. The Blackwell's is dry within
a day of a rain. You need to do something about this, gentlemen. Thank you for your time and
consideration.
City Council Regular Meeting, pUb.earing and Workshop Meeting - SePtemb.~ 2003 - Page 3
Jean McElvogue of 427 Bay Ridge Road, Morgan's Point, Texas - Ms. McElvogue is a Councilmember for
the City of Morgan's Point and designated to appeal to La Porte City Council regarding the terms of our
new fire protection contract.
Morgan's Point has had a contract with the City of La Porte for the past 34 years. This year, without notice
or involvement, the terms of the contract have been changed, resulting in tripling Morgan's Point's costs,
which proportional to Morgan's Point's budget could be the equivalent of$1.25 million to La Porte.
Morgan's Point met with La Porte's staff, being informed the revisions in the contract is what Council
instructed them to do; therefore, Morgan's Point brings the appeal to Council. Morgan's Point is intimately
familiar with the data and the methodology used by the La Porte staff and feel that La Porte has made some
serious errors. Morgan's Point does not think the intent or spirit of La Porte's direction has been met. For
that reason and because of the lack of involvement of Morgan's Point in the process, we are asking La
Porte to extend our current contract 90 days while representatives of both cities meet to develop and
evaluate a fair method for determining fire costs.
Morgan's Point is prepared to accept any result from a process in which it participates and receives fair
consideration of its views. Morgan's Point will honor the terms of the agreed contract retroactively to the
expiration of the current contract.
Council has been told that La Porte is subsidizing Morgan's Point on fire costs, which simply is not true.
Over the past five years Morgan'~ Point has contributed approximately $100,000 to La Porte's general
fund. Morgan's Point has had approximately 15 fire calls in those 5 years; 2 structure fires, 1 down power
line, 2 gas leaks, 1 mosquito fogger and six grass/trash fires for an average cost of $6,666 per fire.
Morgan's Point wants and insists on paying their fair share and feel they have been doing just that.
La Porte's new method results in citizens of Shore Acres paying less per capita than La Porte's own
. citizens, while charging Morgan's Point's citizens almost 2.5 times that rate. Morgan's Point is not a gold
mine of untapped commercial wealth. We have 7 businesses, including the taco stand, which combined
generate only Y2 as much in property tax revenue as you are iricreasing our fire costs. Morgan's Point has
one warehouse under construction, when added to existing business property tax still will not total the
increased fire cost after we eventually get our flfSt tax payment in 2005. Morgan's Point has ten acres of
undeveloped commercial land and. is 82% tax exempt. Morgan's Point is a very small city that has lost up
to 25% of our revenue with the announced closure of the MTBE plant last Friday. We only have 336
people and that includes Boys and Girls Harbor and they are tax exempt. Morgan's Point occupies two
square miles, the Port of Houston and EOTT combined occupy one of those square miles, Boys and Girls
Harbor occupies half of the remaining one square mile, leaving one-half of a mile for Morgan's Point's
citizens to live in.
La Porte has a separate contract for $32,000/year with the Port of Houston for secondary fire protection and
EOTT is covered by CIMA. Neither of these facilities are included in the proposed Morgan's Point
contract.
On behalf of our City, I thank you for your attention and consideration. Our two cities have enjoyed over
half a century of beneficial, mutual cooperation and hope to see this continue.
Carroll Lee Pruitt of 6705 Highway 290 West, #802-299, Austin, Texas 78735-8407 - spoke in favor of a
codes committee. The City needs to consider the make-up of the committee that reviews the codes;
ensuring balance of interest, including architects, engineers, homebuilders, general contractors, plumbers,
electricians and citizens at large, allowing them to return with a favorable recommendation. If requested,
the International Code Council is willing to assist.
Gary Shirley of 3815 Montrose, #123, Houston, Texas 77006 - offered his assistance in forming a codes
committee.
City Council Regular Meeting, PUb&earing and Workshop Meeting - septem., 2003 - Page 4
Mayor Malone read an email from citizen Tammy Mullen commending the City's EMS Department.
7. Open Public Hearing - Mayor Malone opened the Public Hearing at 6:25 p.m.
Review by Staff - Assistant City Manager Cynthia Alexander presented summary and recommendation and
answered questions regarding the proposed budget for the 2003-2004 Fiscal Year. Ms. Alexander
explained the result of the workshops held with City Council. All of the changes made by Council were
incorporated into the various budgets.
Councilmember Warren voiced his concern regarding the raise in golf course fees and possible loss of
players. Ms. Alexander assured Mr. Warren the City's fees are still lower than other courses.
Public Input - There was no Public Input.
The Finance Staff recommended City Council approve the proposed budget for the 2003-2004 Fiscal Year
as presented by Ms. Alexander.
The Public Hearing was closed at 6:46 p.m.
8. Council to consider approval or other action of adopting an ordinance approving Fiscal Year 2003-2004
Budget.
Assistant City Manager Cynthia Alexander gave the summary and recommendations and answered
Council's questions.
Assistant City Attorney read: ORDINANCE 2003-2653 - AN ORDINANCE APPROVING AND
ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF
OCTOBER 1, 2003 THROUGH SEPTEMBER 30,2004; FINDING THAT ALL THINGS REQUISITE
AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID
BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW AND PROVIDING AN
EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Young: to aoorove Ordinance 2003-2653 as presented by Ms.
Alexander. Second by Councilmember Beasley. The motion carried.
Ayes: Engelken, Meismer, Warren, Young, Ebow, Griffiths, Beasley and Malone
Nays: None
Abstain: None
9. Council to consider approval or other action of an ordinance approving a resolution accepting the appraisal
roll.
Assistant City Manager Cynthia Alexander gave the summary and recommendation and answered
Council's questions.
Assistant City Attorney read: RESOLUTION 2003-24 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LA PORTE, TEXAS, ADOPTING THE 2003 APPRAISAL ROLL OF THE HARRIS
COUNTY APPRAISAL DISTRICT.
Motion was made by Councilmember Ebow to aoorove Resolution 2003-24 as oresented by Ms.
Alexander. Second by Councilmember Engelken. The motion carried.
Ayes: Engelken, Meismer, Warren, Young, Ebow, Griffiths, Beasley and Malone
Nays: None
City Council Regular Meeting, pUbAearing and Workshop Meeting - septem_, 2003 - Page 5
Abstain: None
10. Council to consider approving or other action of an Ordinance establishing the tax rate for Fiscal Year
2003-2004 at 71 cents per hundred-dollar valuation.
Assistant City Manager Cynthia Alexander gave the summary and recommendation and answered
Council's questions.
Assistant City Attorney read: ORDINANCE 2003-2654 - AN ORDINANCE LEVYING TAXES UPON
TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA
PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND
IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE; FINDING THAT
ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS HELD;
CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTNE DATE
HEREOF.
Motion was made by Councilmember Griffiths to approve Ordinance 2003-2654 as presented by Ms.
Alexander. Second by Councilmember Engelken. The motion carried.
Ayes: Engelken, Meismer, Warren, Young, Ebow, Griffiths, Beasley and Malone
Nays: None
Abstain: None
ITEM NUMBERS 11, 12, 13 AND 14 TO BE VOTED ON SIMULTANEOUSLY BY COUNCIL
(SEE MOTION AT THE END OF ITEM NUMBER 14)
11. Council to consider approval of ordinances amending certain fees and charges as indicated.
Assistant City Manager Cynthia Alexander gave the summary and recommendation and answered
Council's questions.
Assistant City Attorney read: ORDINANCE 2003-2655 - AN ORDINANCE AMENDING "APPENDIX
A, FEES", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; CONTAlNING A
REPEALIN:G CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTNE DATE HEREOF.
12. Council to consider approval or other action. of an ordinance amending a fee policy and schedule for
outdoor municipal swimming pools.
Assistant City Manager Cynthia Alexander gave the summary and recommendation and answered
Council's questions.
Assistant City Attorney read: ORDINANCE 95-1644E - AN ORDINANCE AMENDING A FEE
POLICY AND SCHEDULE FOR OUTDOOR MUNICIPAL SWIMMING POOLS; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND .
PROVIDING AN EFFECTIVE DATE HEREOF.
13. Council to consider approval or other action regarding an ordinance amending Chapter 50, Parks and
Recreation, Article V, of the Code of Ordinances of the City of La Porte, Section 153 and further amending
Appendix "A".
Assistant City Manager Cynthia Alexander gave the summary and recommendation and answered
Council's questions.
City Council Regular Meeting, pUb&earing and Workshop Meeting - septem., 2003 - Page 6
Assistant City Attorney read: ORDINANCE 1 829-C - AN ORDINANCE AMENDING CHAPTER 50,
PARKS AND RECREATION, ARTICLE V, OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, SECTION 153; AND FURTHER AMENDING APPENDIX A - FEES OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, AS HEREIN PROVIDED; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
14. Council to consider approval or other action regarding an ordinance amending Appendix A of the Code of
Ordinances of the City of La Porte, providing fees and penalties for building permits, electrical permits,
plumbing permits, fuel gas code permits, mechanical permits and manufactured parks permits.
Assistant City Manager Cynthia Alexander gave the summary and recommendation and answered
Council's questions.
Assistant City Attorney read: ORDINANCE 2003-2656 - AN ORDINANCE AMENDING APPENDIX A
OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; PROVIDING FEES AND
PENALTIES FOR BUILDING PERMITS, ELECTRICAL PERMITS, PLUMBING PERMITS, FUEL
GAS CODE PERMITS, MECHANICAL PERMITS AND MANUFACTURED PARK PERMITS;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTNE
DATE HEREOF.
Motion was made by Councilmember Griffiths to approve amendimz simultaneously Ordinance 2003-2655.
Ordinance 95-1644E. Ordinance 1 829-C and Ordinance 2003-2656 as presented by Ms. Alexander.
Second by Councilmember Ebow. The motion carried.
Ayes: Engelken, Meismer, Warren, Young, Ebow, Griffiths, Beasley and Malone
Nays: None
Abstain: None
15. Council to consider approval or other action of an ordinance to vacate, abandon, and close the West "H"
Street Right-of-Way between Blocks 861 and 868, Town of La Porte.
Interim Planning Director Nick Finan gave the summary and recommendation and answered Council's
questions.
Assistant City Attorney read: ORDINANCE 2003-2657 - AN ORDINANCE V ACA TING,
ABANDONING AND CLOSING THE HEREINAFTER DESCRIBED PORTION OF THE WEST "H"
STREET RIGHT-OF-WAY, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTNE DATE
HEREOF.
Motion was made by Councilmember Meismer to approve Ordinance 2003-2657 as presented by Mr.
. Finan. Second by Councilmember Ebow. The motion carried.
Ayes: Engelken, Meismer, Warren, Young, Ebow, Griffiths, Beasley and Malone
Nays: None
Abstain: None
16. Council to consider approval or other action of ordinances appointing members to various boards,
commissions, and committees.
Mayor Malone gave the summary and recommendation and answered Council's questions.
Assistant City Attorney read: ORDINANCE 2003-2658 - AN ORDINANCE APPOINTING A MEMBER
OF THE CNIL SERVICE COMMISSION; PROVIDING A SEVERABILITY CLAUSE; CONTAINING
City Council Regular Meeting, pUbaearing and Workshop Meeting - septem.. 2003 - Page 7
A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF. .
Motion was made by Councilmember Warren to approve Ordinance 2003-2658 appointing a member of the
Civil Service Commission as presented by Mayor Malone. Second by Councilmember Young. The motion
carried.
Ayes: Engelken, Meismer, Warren, Young, Ebow, Griffiths, Beasley and Malone
Nays: None
Abstain: None
17. Council to consider approval or other action of ordinances appointing members to various boards,
commissions, and committees.
Mayor Malone gave the summary and recommendation and answered Council's questions.
Assistant City Attorney read: ORDINANCE 2003-2659 - AN ORDINANCE APPOINTING A MEMBER
OF THE FIRE CODE REVIEW COMMITTEE; PROVIDING A SEVERABILITY CLAUSE;
CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Young to approve Ordinance 2003-2659 aooointing a member of the
Fire Code Review Committee as presented by Mayor Malone. Second by Councilmember Warren. The
motion carried.
Ayes: Engelken, Meismer, Warren, Young, Ebow, Griffiths, Beasley and Malone
Nays: None
Abstain: None
18. Council to consider voting a delegate and alternate voting delegate for the City of La Porte at the National
League of Cities Conference.
Mayor Malone gave the summary and recommendation and answered Council's questions.
Motion was made bv Councilmember Griffiths to approve the same delegate as last vear. being
Councilmember Warren as the yoting delegate. and Councilmember Mosteit as the alternate voting
delee:ate. as oresented by Mayor Malone. Second by Councilmember Beasley. The motion carried.
Ayes: Engelken, Meismer, Warren, Young, Ebow, Griffiths, Beasley and Malone
Nays: None
Abstain: None
19. The Regular Meeting closed and the Workshop Meeting opened at 7:02 p.m.
A. City Manager Administrative Assistant Crystal Scott discussed the "Shop La Porte Campaign".
B. Interim Planning Director Nick Finan distributed the following memo for further clarification regarding
codes.
From the City Council Workshop of September 8, 2003, it was suggested that staffput
together an outline of a committee that could moye forward and review the yarious options on
the selection of a city building construction related code: No changes (keep current codes), C3
Codes, ICC Codes, or a hybrid of C3 and ICC. If Council decides to form such a committee
and if expediency is important, Staff suggests creation of an ad hoc committee. The
City Council Regular Meeting, PUb&earing and Workshop Meeting - septema, 2003 - Page 8
committee could have a core group of members who are residents and represent the yarious
trades so that once a selection is made, that core group could continue as a Building Board of
Adjustments and Appeals or a Building and Standards Board. The committee as a whole
could include non-residents who have expertise in the YarlOUS codes and construction industry
to assist in the review and recommendation. This committee could initially focus only on the
selection ofa building code(s) for the City and then assist on the creation of an ordinance, by-
laws, etc. to create a permanent Board.
Below is an outline of a sample committee composition followed by an outline of a schedule
and process for code selection.
The core group would be residents, comprised of the following trades and could continue to
serve as either a Board of Adjustments and Appeals or a Building and Standards Board. A
possible make up is:
· Architect
· Master Electrician
· Master Plumber
· Licensed HV AC Contractor
· General Contractor (commercial builder, homebuilder, etc.)
· Two (2) LayPersons (at-large)
The aboye would proyide two representatives of the fiye main trades that deal with the codes,
a structural engineer, and two lay persons (at-large) for a total of a 13-member committee.
The most aggressiye time schedule could be as follows:
September 22:
Appointment of Board
September 23:
Notification of appointment to members
Week of Oct 6-10: Host first meeting - staff proyide background, committee elects
chairman, determines meeting dates and times (preferably at least twice a month), outline
program for researching, reviewing, and recommending to City Council a set of building codes
. for the City.
December 8 (or earlier): Finalize review and research and make formal recommendation to
City Council. Ifhaye not worked simultaneous reyiew ofa type of Board to continue to serve
the City on building related matters, outline a program to reyiew and research this matter for a
recommendation by the first meeting of City Council in February.
This item will be posted for the September 22, 2003, Council meeting. Council can discuss
and establish a Board at th~t time or table to a future date.
C. Police Chief Reff discussed a proposed Alarm Ordinance. It was the consensus of City Council for
Chief Reff to move forward with the adoption of this ordinance.
D. Parks and Recreation Director Stephen Barr discussed a Wildlife Refuge. City Council did not want
Mr. Barr to move forward, with this item, at this time.
The Workshop closed and the Regular Meeting reconvened at 8:33 p.m.
City Council Regular Meeting, pUbAearing and Workshop Meeting - Septemb., 2003 - Page 9
20. ADMINISTRATIVE REPORTS
City Manager Debra Feazelle annouriced the SEED Legislative Wrap-Up Breakfast being held Wednesday,
September 10,2003, at 7:30 a.m. at the Hobby Hilton Hotel.
Ms. Feazelle announced the 6th Annual Health and Safety Fair being held Saturday, September 13, 2003, at
La Porte High School from 9:30 a.m. until 2:30 p.m.
Ms. Feazelle reminded Council and Staff of the City Health and Benefits Fair for employees being held
Friday, September 19,2003, at the La Porte Recreation and Fitness Center from 9:00 a.m. until 4:00 p.m.
21. COUNCIL COMMENTS
Councilmembers Engelken, Ebow, Meismer, Malone, Warren, Griffiths, Beasley and Young had
comments.
22. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW,
CHAPTER 551.071 THROUGH 551.076, 551.086, TEXAS GOVERNMENT CODE,
(CONSULTATION WIm ATTORNEY, DELmERATION REGARDING REAL PROPERTY,
DELmERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL
MATTERS, DELmERATION REGARDING SECURITY DEVICES, OR EXCLUDING A
WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION,
DELmERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS.
551.072 - LAND ACQUISITIONS - MEET WITH CITY MANAGER, CITY ATTORNEY TO
DISCUSS LAND ACQUISITION, EXCHANGE, LEASE OR VALUE OF REAL PROEPRTY.
Council retired into Executive Session at 8:55 p.m.
Council reconvened the Council Meeting at 9:45 p.m.
23. CONSIDERATIONS AND POSSmLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE
SESSION
There was no action taken during Executive Session.
24. There being no further business to come before Council, the Regular Meeting, Public Hearing and
Workshop Meeting was duly adjourned at 9:46 p.m.
Respectfully submitted,
ufYIatIIl~r}(4tt
Martha Gillett
City Secretary
jz;;;;&ZYOfS~_2003
Ne:~alone, Mayor
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agcada Dale Ilequeoled: _~
Requested By: Steve Gillett __
Aoorooriation
Department:
Public Works
Source of Funds: General Fund
Account Number: 001-7071-531-8029
Report: ~Resolution: _Ordinance:
E:dli.bits: Bid Becao_ Sealed Bid #0894
Exhibits: Bidden List
Amount Budgeted: $60.000
Amount Requested: $22.960.00
Budgeted Item: XX YES
NO
E:dli.bits:
SUMMARY & RECOMMENDATION
Advertised, sealed bids #0894 for the annual supply of Reinforced Concrete were opened and read on August 25,
2003. Bid requests were mailed to five (5) vendors with three (3) returning bids.
Low bidder meeting specifications and submitting bids on all items was Hanson Pipe & Products, om current
supplier. Using estimated yearly quantities, the contract would cost $22,960.00. This represents an 11% decrease
over last year's bid.
Staff recommends awant of the bid for the amiua1 supply of RCP to Hanson Pipe & Products, low bidder meeting
specifications. FWlds for this purchase are budgeted in the 2003/04 Streets Division Operating Budget
Action Reauired bv COUDm:
Awant bid for the annual supply of ~orced Concrete Pipe to Hanson Pipe & Products-as recommended by Staff.
Aoonved for CitY COUDm Al!ellda
t2!~~~L
q -/ 7 '03
Date
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BID TABULATION
BID # 0837 - REINFORCED CONCRETE PIPE
RINKER
HANSON SOUTH MATERIALSI
PIPE & HOUSTON HYDRO
DESCRIPTION QTY PRODUCTS CONCRETE CONDUIT
1) 12" RCP 200 $6.75 $7.75 $10.33
2) 15" RCP 200 $8.58 $8.50 $12.81
3) 18" RCP 200 $9.87 $9.75 $14.51
4) 24" RCP 200 $14.02 $14.50 $19.69
5) 36" RCP _ 200 $27.53 No Bid $40.37
6) 48" RCP 200 $48.05 No Bid $66.03
TOTAL $22,960.00 $8,100.00 $32,748.00
Information reflects pricing only and other factors
may be considered during the evaluation process.
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BIDDER'S LIST
SEALED BID #0894 - REINFORCED CONCRETE PIPE
JERRY MCKINNLEY CONCRETE PIPE
2918 ELYSIAN STREET
HOUSTON, TEXAS 77009
MOORE & MOORE LUMBER
P.O. BOX 1517 .
LA PORTE TEXAS 77571
HANSON PIPE AND PRODUCTS
P.O. BOX 40444
HOUSTON TEXAS 77240
HYDOR CONDUIT BAY
6560 LANGFIELD
HOUSTON, TEXAS 77092
SOUTH HOUSTON CONCRETE PIPE
P.O. BOX 101
SOUTH HOUSTON, TEXAS 77587
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TEXAS 77572-0996
BAYSHORE SUN PUBLISH DATES
AUGUST 10, 2003
AUGUST 17, 2003
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Requested By: S. Gillett
Source of Funds: Various
Department: Public Works
Account Number: Various
Report: X Resolution:
Ordinance:
Amount Budgeted: $461,662.00
Exhibits:
Bid Tabulation and Bidders List
Amount Requested:
$337,290.00
Exhibits:
Budgeted Item: YES
Exhibits:
SUMMARY & RECOMMENDATION
Sealed bids were received on September 8, 2003 for new and replacement vehicles. Bids were sent to nine
(9) vendors, with six (6) returning bids. Low bid for vehicles meeting specifications was submitted as
follows:
Philpott Ford
ITEM ADD/REPLACE BID BUDGETED
1) - (Seven) Patrol Cars 1/6 $167,192.00 ... $219,448.00
2) - (One) Mid-size SUY Replace $ 15,951.00 $ 22,000.00
3) - (Seven) Y2 Ton Pickup 1/6 $ 79,233.00 $99,679.00
4) - (Two) 1 ton Cab/Chassis Replace $ 31,474.00 ** $50,468.00
5) - (One) 12 Passenger Van Replace $ 18,998.00 $ 28,467.00
6) - (One) 1 Ton Diesel Chassis Replace $ 24.442.00 ......... $41.600.00
$337,290.00 $461,662.00
BIDDER
Philpott Ford
Lawrence Marshall
Lawrence Marshall
Philpott Ford
Philpott Ford
TOTAL
...
......
.........
Budget amount includes purchase/installation of light bars, sirens, radios, rear seat shields.
Budget amount includes purchase/installation of one dump body and one service body.
Budget amount includes retrofitting existing ambulance module to new chassis.
Action Required bv Council: Award bid for Items 1,25 & 6 to Philpott Ford in the amount of
$226,583.00. Award bid for Items 3 & 4 to Lawrence Marshall in the amount of$110,707.00.
Approved for City Council Al!enda
~ ~-/7-a3
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BID TABULATION
BID # 0896 - VEHICLES
Lawrence
Marshall
Chevrolet
Lawrence
Marshall
Ford
Red
McComb
Dodae
Champion
Chevrolet
La Porte
$18,987.00
$17,992.00
$150,901.00
$21,447.00
$20,456.00
$170,585.00
NO BID
NO BID
McRee Ford
$21,420.44
$21,033.34
$170,976.42
Philpot Ford
$20,996.00
$20,220.00
$167,192.00
NO BID
NOBID
QTY
7
1
DESCRIPTION
Police Vehicles, Black& White
Police Vehicle, White
1)
e
Total
$17,967.00
$10,989.00
$11,759.00
$79,233.00
$19,436.00
$12,196.00
$12,841.00
$87,307.00
NOBID
$14,821.00
$14,821.00
$103,747.00
$18,598.67
$16,697.65
$17,394.65
$118,974.55
$15,951.00
$12,113.00
$12,793.00
$86,831.00
NO BID
$17,500.00
$18,200.00
$124,600.00
1
4
3
Sport Utility Vehicle
1/2 Ton Pickup - W/O AlC
1/2 Ton Pickup - With AlC
2)
3)
$15,737.00
$31,474.00
$15,999.00
$31,998.00
17,326.00
$34,652.00
$1"9,669.19
$39,338.38
$16,016.00
$32,032.00
$22,200.00
$44,400.00
2
Total
Dual Rear Wheel
Ton Pickup
1
4)
Total
$19,667.00
$19,999.00
NO BID
$20,155.67
$18,998.00
$26,400.00
1
Passenger Van
(12)
Twelve
!!
6)
e
$24,#i73.00
$25,130.00
NO BID
the evaluation
$27,302.12
nformation reflects pricing only, and other factors may be considered during
$24,442.00
NO BID
1
Ambulance Diesel Cab & Chassis
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BIDDER'S LIST
SEALED BID #0896
VEHICLES
ALLEN SAMUEL CHEVROLET
7000 SW FWY.
HOUSTON, TX 77074
. CHAMPION CHEVROLET LA PORTE
PO BOX 1119
LA PORTE, TX 77572-0119
KNAPP CHEVROLET
815 HOUSTON AVENUE
PO BOX4179
LA PORTE FORD
621 HWY 146 SOUTH
LA PORTE, TX 77571
LAWRENCE MARSHALL CHEVROLET
PO BOX 983
HEMPSTEAD, TX 77445
LAWRENCE MARSHALL FORD
PO BOX 983
HEMPSTEAD, TX 77445
MCREE FORD
P.O. BOX 577
DICKINSON, TX 77539
PHILPOTT FORD
PO BOX 876
PORT NECHES TX 77651
TOMMIE VAUGHN FORD
1145 NORTH SHEPHERD
HOUSTON, TX 77008
CHAMBER OF COMMERCE
PO BOX 996
LA PORTE TX 77572-0996
BAYSHORE SUN PUBLISH DATES:
AUGUST 24,2003
AUGUST 31,2003
Co
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Houston-Galveston Area Council Office of the Executive Director
PO Box tz177 · 3555l1mmons . Houston, Texas T72Z7-2777. 713/827-3200
August 29, 2003
The Honorable Norman Malone
Mayor, City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
RECEIVED
SEP 0 2 2003
Dear Mayor Malone:
CITY SECRETARY'S
OFFICE
I am writing regarding the appointment of La P~rte's representative to H-GAC's 2004
General Assembly and Board of Directors. .
H-GAC's Bylaws authorize each member city with a population of at least 25,000 but not
in excess of 99,999 according to the last preceding Federal Census (2000) to select one member
of its governing body as its representatiye and one member of its goyerning body as an alternate
to the H-GAC General Assembly.
. H-GAC's Bylaws also stipulate that your Board of Directors representative shall be the
General Assembly delegate. Therefore, the official chosen to serve as the General Assembly
representative will also be designated to serve on H-GAC's Board of Directors.
I have enclosed the appropriate form for your conyenience.
The 2004 designated representatiyes begin their terms of office at the first of January.
. If more information concerning General Asse~bly and Board of Directors membership
would be useful, please contact me or Mary Spain of the staff. Thanks for your help in selecting
H-GAC's 2004 General Assembly and Board of Directors.
Sincerely, .
~
Jack Steele .
JS/ms
Enclosure
cc: City Secretary
". ".0.. !" ..r~ :..
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DESIGNATION OF REP~SENT ATIVES
HOUSTON-GALVESTON AREA COUNCIL
20b3 GENERAL ASSEMBLY
. AND
BOARD OF DIRECTORS
*********************************
BE IT RESOLVED, by the City Council of La Porte, Texas that the following be and are hereby
designated as the representative and alternate of the General Assembly of the Houston-Galveston
Area Council for the year 2003:
REPRESENTATIVE U IA.et E ~:~t I Ie t' n
. ALTERNATE 'Pe~-f-€r ~(I ?r7-Yh-S
FURTHER THAT, they are hereby, designated as the representatiye and alternate to the Board
of Directors of the Houston-Galyeston Area Council for the year 2003.
THAT, the Executiye Director of the Houston~GalYeston Area Council be notified of the
designation of the hereinabove named delegate and alternate.
PASSED AND ADOPTED, this the~(O day of 5e-<p_Je m f!Je r
,2002.
APPROVED:
#Il/!/!~>/j ~(
M;yor. . .
ArrEST:
~tv;4..ul1i/
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. REQUEST FOR. CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Appropriation
Requested By: S. Gillett
Source of Funds: Airport Fund (010)
Department: Public Works
Account Number: 010-9891-825-1100
Report:
Resolution:
Ordinance:
xx
Amount Budgeted: $30,000
Exhibits:
Ordinance
Amount Requested: $50,000
Exhibits:
Airport Proiect Particioation Agreement
Budgeted Item: YES
Exhibits:
Letter from Aviation Division - TexDOT
SUMMARY & RECOMMENDATION
The Aviation Div.ision ofTe~OT has notified the City that entitlement funds totaling $500,000 are
available to the City of La Porte for Airport Improvements. Of that amount, $150,000 will expire ifnot
encumbered by September 30,2003. 'These funds have accumulated over the past several years, but have
not been spent to allow the balance to build up to an amount that could fund several projects, as well as to
allow recent private development to use improvements constructed in the past.
Staff has identified several projects that are needed to improve security, reduce maintenance and enhance
safety at the Airport. These projects include replacement of Runway/Taxiway lighting (underground
wiring), fencing and gate improvements (including motorized gates), overlay and seal coating of taxiways
and ramps, drainage improvements, automated weather system (A WOS) and differential GPS approaches.
Other projects may be identified through meetings with airport users, including FBO's.
The grant offer is for $450,000 (federal share) and $50,000 (local share) for a total project of$500,000.
Initially, the City, through the Aviation Division ofTexDOT, will retain the services ofa design
consultant to prepare preliminary cost estimates to identify funding needs, and detailed plans and
specifications for bidding. Depending on costs, this grant may pay for several improvements, with
remaining improvements to be funded by future grants. It is important to note that this grant is funded
through entitlement funding, and the City is also eligible for direct grant offers for eligible airport
improvements in future years.
Funding for the 'City's 10% share ($50,000) is available in the Airport Fund. A total of $30,000 has been
budgeted in the Airport Fund.
Action Required bv Council: Approve Ordinance authorizing the City Manager to execute a Grant
Agreement between the City of La Porte and the Aviation Division of TexDOT for improvements to the
La Porte Municipal Airport.
Approved for City Council Ae:enda
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Date
D
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I Texas Department of Transportation
AVIATION DIVISION
125 E. 11TH STREET. AUSTIN, TEXAS 78701-2483.512/416-4500. FAX 512/416-4510
August 29, 2003
Mr. Steve Gillett
Public Works Director, City of La Porte
604 W Fairmont Pkwy
La Porte, Texas 77571
TxDOT CSJ No.:
0412LPRTE
Dear Mr. Gillett:
Enclosed are several documents that must be. completed by the City of La Porte in order to initiate
the airport development project for the LaPorte Municipal Airport. Please review the instructions in this
transmittal letter for completing the documents and return the documents not later than September 19,
2003. We are most pleased to provide any assistance possible to help complete this project in a timely
manner.
Enclosed are two copies of the Airport Project Participation Agreement (APPA) between the City
of La Porte, as airport sponsor, and the Texas Department of Transportation, Aviation Division, as your
agent for this project.
We request that you proceed as expeditiously as possible to execute the Agreement and complete
the certifications. It will be necessary for your attorney to endorse your acceptance of the Agreement to
assure that it has been accepted in accordance with local laws. Both copies of the Agreement should have
original signatures for acceptance. Please return both copies of the fully signed Agreements to the
Aviation Division.
Texas Department of Transportation - Aviation Division
125 E. 11th St.
Austin, Texas 78701-2483.
If you have questions concerning the enclosed documents, please contact Allison Martin at 1-800-
687-4568. The Texas Department of Transportation looks forward to working with you on this important
project for your community. .
~--:j)J b
David S. Fulton
Director
cc: Gary K. Trie~sch, P.E.
am
An Equal Opportunity Employer
.,
TE. DEPARTMENT OF TRANSPORaION
AIRPORT PROJEcr PARTICIPATION AGREEMENT, OPY
(Federally Assisted Airport Development Grant) C '. ....'
TxDOT CSJ No.:04l2LPRTE
TxDOT Project No.:AP LAPORTE
TxDOT Contract No. : 4XXA V03S
Part I - Identification of the Project
TO:
The City of La Porte, Texas.
FROM:
The State of Texas, acting through the Texas Department of Transportation
This Agreement is made and entered into by and between the Texas Department of
Transportation, (hereinafter referred to as'the "State"), for and on behalf of the State of Texas,
. and the City of La Porte, Texas, (hereinafter referred to as the "Sponsor").
. The Sponsor desires to sponsor a project for the deyelopment of a public ayiation facility,
known or to be designated as the Airport under the Airport and Airway Improyement Act of
1982, as repea~~d and recodified in Title 49 Ul)ited States Code, S~ti<?n 47101 et seq.,
(hereinafter ref~rr~d to. as "Title 49 . D..S.C. "), and Rules, Regulations. and.. Procedures
promulgated pursu.ant; and under v.T.c.A Transportation Code, Title 3, Chapters 21-22, et seq. .
(Vernon and Vernon Supp).
The project is described as follows: airport improyement project at the LaPorte Municipal
Airport. .
The Sponsor .applies for federal non-primary entitlement financial assistance ap.d desires
the State to act as the Sponsor's agent in matters connected with the project described above.
The parties, by this Agreement, do fix their respective responsibilities, with reference to
each other, with reference to the accomplishment of the project and with reference to the United
States.
. . .. . .'
Pursuant to and 'for the purpose of carrying out the proyisions of Title 49 US.C., and in
consideration of (a) the Sponsor's adoption and ratification of the representations and assurances
contained in the Airport Project Participation Agreement and its acceptance of this Offer as
provided, and. (b) the benefits to accrue to the United States and the public from the
accomplishment of the project and compliance with the assurances and .conditions proyided,
THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF
THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION (HEREINAFTER
REFERRED TO AS THE "FAA"), OFFERS AND AGREES to pay, as the United States
share of the allowable costs incurred in accomplishing the project, ninety percentum of all
allowable project costs. This grant is made on and subject to the following terms and conditions:
Page 1 of 2S
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Part II - Offer of Financial Assistance
1. The allowable costs of the project shall not include any costs determined by the State to
be ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.e.A.
Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the
Airport Zoning Act, Tex. Loc. Govt. Code Ann. ~~ 241.001 et seq. (Vernon. and Vernon
Supp ).
2. It is estimated that total project costs will be approximately $500,000 (Amount A). It is
further estimated that approximately $500,000 (Amount B) of the project costs will be
eligible for federal financial assistance, and that federal financial assistance will be for
ninety percent (90%) of the eligible project costs. Final determination of federal
eligibility oftotal project costs will be determined by the State in accordance with federal
guidelines fol~owing completion of project.
3. The maximum obligation of the United States payable under this offer shall be $450,000
(Amount C).
This grant should not be construed as block grant funds for the Sponsor, but as a grant for
funding of the scope items as listed on page one of this agreement. It is the intent of the
State to provide funding to complete the approyed work items of this grant and not to
amend the scope of ~<?rk to include items outside of the current determined needs of this
project. Scope of work may.be amended as necessary to ful~ll the unforeseen needs of
this specific development project within the .spirit of the.. approved scope, subject to .the .
ayailability of state, federal, and/or local funds.
4. It is estimated that the Sponsor's share of the total project costs will be $50,000 (Amount
D). The Sponsor specifically agrees that it shall pay any project costs, which exceed the
sum of the federal share (Amount C).
It is further agreed that the Sponsor will reimburse the State for any payment or payments
made by the State in behalf of the Sponsor which are in excess of the federal percentage
of financial participation as stated in Part 11-2. The State shall refund to the Sponsor, at
the financial closure of the project, any excess funds proyided by the Sponsor.
5. If there is an.. pyerrun. in the :eligibl.e. project costs, ~e St~t~ :may not in~reasethe. grant.
Any cost overruns will be 100% sponsor responsibility.
Payment of the United States share of the allowable project costs will be made in
accordance with the proyisions of such regulations and procedures as the State and the
FAA, shall prescribe. Final determination of the United States share will be based upon
the final audit of the total. amount of allowable project costs and settlement will be. made
for any upward or downward adjustments to the Federal share of costs.
6. Sponsor's share of project costs (Amount D) shall be paid initially in cash when requested
by the State. At project closeout, Sponsor will be reimbursed for any credited amounts
Page 2 of 25
that exceed sponso.hare.
e
7. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to
the State that it has sufficient funds to meet its share of the costs. The Sponsor grants to
the State and federal government the right, upon adyance written request during
reasonable and regular business hours, to audit any books and records of the Sponsor to
yerify said funds. In addition, the Sponsor shall disclose the source of all funds for the
.project and its ability to finance and operatelhe project.
Following the execution of this Agreement and upon written demand by the State, the
Sponsor's financial obligation (Amount D) shall be due and payable to the State. State
may request the Sponsor's financial obligation in partial payments. Should the Sponsor
fail to pay the obligation, either in whole or in part, within 30 days of written demand, the
State may exercise its rights under Part V -7. Likewise, should the State be unwilling or
unable to pay its obligation in a timely manner, the failure to pay shall be considered a
breach and the Sponsor may exercise any rights and remedies it has at law or equity.
Expenditures for eligible project costs for the aboye project made by the State or the
Sponsor prior to the award of a federal grant for the project, and prior to actual receipt of
the authority to expend federal grant funds, shall be made from Sponsor funds.
PART III - Sponsor Responsibilities
1. .In: accepting the Agreement, the Sporisor giuirantees that:
a. it will comply with the Attachment A, Certification of Airport Fund, attached and
made a part of this Agreement; and
b~ it will comply with the .Attachment B, Airport Assurances (9/99)(State Modified
9/99), attached and made a part ofthis Agreement; and
c. it will, in the operation of the facility, comply with all applicable state and federal
laws, rules, regulations, procedures, covenants and assurances required by the
State of Texas or the FAA in connection with the federal grant; and
d. .the Airpo.rt or navigational fa~ility which is the subject of this Agreement shall.be
controlled for a period of at least 20 years, and improyements made or acquired
. under this project shall be operated, repaired and maintained in a safe and
serviceable manner for the useful life of said improvements, not to exceed 20
years; and . - .
e. consistent with safety and security requirements, it shall make the airport or air
nayigational facility ayailable to all types, kinds and classes of aeronautical use
without unjust discrimination between such types, kinds and classes and shall
proyide adequate public access duri~g the term of this Agreement; and
Page 3 of 25
f.
. g.
it shall not at or permit anyone to exercise an exc.ye right for the conduct of
aeronautical actiyity on or about an airport landing area. . Aeronauticai actiyities
include, but are not limited to scheduled airline flights, charter flights, flight
instruction, aircraft sales, rental and repair, sale of ayiation petroleum products
and aerial applications. The landing area consists of runways or landing strips,
taxiways, parking aprons, roads, airport lighting and nayigational aids; and
it shall not permit non-aeronautical use of airport facilities, unless noted on an
approyed Airport Layout Plan, without pnor approyal of the StatelF AA; and
h.
it shall not enter into any agreement nor permit any aircraft to .gain direct ground
access to the Sponsor's airport from priyate property adjacent to or in the
immediate area of the airport. Further, Sponsor shall not allow aircraft direct
ground access to priyate property. Sponsor shall be subject to this prohibition,
commonly known as a "through-the-fence operation," unless an exception is
granted in writing by the State due to extreme circumstances; and
1.
it will acquire all property interests identified as needed for the purposes of this
project and comply with all applicable state and federal laws, rules, regulations,
procedures, coyenants and assurances required by the State of Texas or the FAA
in connection with the federal grant in the acquisition of such property interests;
and that airport property identified within the scope of this project and Attorneys
Certificate of Airport Property Interests shall be pledged to airport use and shall
not ~e remoyed from suc~ use without prior written approval of the State; and
J.
. .
the Sponsor shall submit to the State annual statements of airport.reyenues and
expenses as requested; and
k.
all fees collected for the use of an airport or nayigational facility constructed with
funds provided under the program shall be reasonable and nondiscriminatory.
The proceeds of such fees shall be used solely for the deyelopment, operation and
maintenance of the Sponsor's system of airport(s) or navigational facility(ites).
Sponsor shall not be required to pledge income received from the mineral estate to
airport use unless state and/or federal funds were used. to acquire the mineral
estate of airport lands or any interests therein; and
1.
an Airport Fund shall be established by resolution, order or ordinance in the
treasurY. of the Sponsor,. or eyidence .of the. prior creation. of an existing airport
fund or a properly executed copy of the resolution, order, or ordinance creating
such a fund shall be submitted to the State. Such fund may be an account within
another fund, but must. be accounted for in such a manner that all reyenues,
expenses, retained earnings, and balances in the account are discernible.from other
types of moneys identified in the fund as a whole. All fees, charges, rents, and
money from any source deriyed from airport operations must be deposited in said
Airport Fund and shall not be diverted to the general reyenue fund or any other
reyenue fund of the Sponsor. All expenditures from the Airport Fund shall be
solely for airport or airport system purposes. Sponsor shall be ineligible for a
subsequent grant or loan by the State unless, prior to such subsequent approyal of
Page 4 of 25
- .
a grant or 1_, Sponsor has complied with the requAents of this subparagraph;
and
m. the Sponsor shall operate runway lighting at least at low intensity from sunset to
sunrise; and
n. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce
zoning regulations to restrict the height of structures and use of land adjacent to or
in the immediate yicinity of the airport to heights and activities compatible with
nonnal airport operations as proyided in Tex. Loc. Govt. Code Ann. ~~ 241.001 et
seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain ayiation
easements or other property interests in or rights to use of land or airspace, unless
Sponsor can show that acquisition and retention of such interests will be
impractical or will result in undue hardship to Sponsor. Sponsor shall be
ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to
such subsequent approyal of a grant or loan, adopted and passed an airport hazard
zoning ordinance or order approyed by the State; and
o. it will provide upon request of the State, the engineering or planning consultant,
and the FAA copies of any maps, plans, or reports of the project site, applicable to
or affecting the aboye project; and
p. after reasonable notice, it will pennit the State, the FAA,.and any consultants and
contractors associated with this project, access to the project site, and will obtain
pennission for the State, the FAA; and consultants aIJ.d contractors associated.with.
this project, to enter priyate property for purposes necessary to this project; and
q. all deyelopment of an airport.constructed with program funds shall be consistent
with the Airport Layout Plan approyed by the State and maintained by the
Sponsor. A reproducible copy of such plan, and all subsequent modifications,
shall be filed with the State for approyal; and
r. . it shall take all steps, including litigation if necessary, to recover funds spent
fraudulently, wastefully, or in yiolation of Federal antitrust statutes, or misused in
any other manner in any project upon which Federal and State funds have been
expended. For the. purposes of this grant agreement, the tenn "funds" means
funds, . howeyer used or disburs~d by the Sponsor or Agent that were originally
paid pursuant to this or any other grant agreement. It shall obta~n the approval ()f. .
the State as to any detennination of the amount of such funds. It shall return the
recoyered share, including funds recovered by settlement, order or judgment, to
the State. It shall furnish to' the State, upon request, all documents and records
pertaining to the determination of the amount of the funds or to any settlement,
litigation, negotiation, or other efforts taken to recoyer such funds. All
settlements or other final positionS of the Sponsor, in court or otherwise,
inyolving the recoyery of such funds shall be approved in adyance by the State.
2. The Sponsor certifies to the State that it will have acquired clear title in fee simple to all
property upon which construction work is to be perfonned, or haye acquired a leasehold
Page 5 of 25
. on such property f~ tenn of not less than 20 years, prior Ihe adyertisement for bids
for such construction or procurement of facilities that are part of the above project, and
within the time frame 9f the project, a sufficient interest (easement or otherwise) in any
other property which may He affected by the project.
3. The Sponsor, to the extent of its legal authority to do so, shall saye harmless the State, the
State's agents, employees or contractors from all claims and liability due to actiyities of
the Sponsor, the Sponsor's agents or employees perfonned under this agreement. The
Sponsor, to the extent of its legal authority to do so, shall also saye harmless the State, the
State's agents, employees or contractors from any and all expenses, including attorney
fees which might be incurred by the State in litigation or otherwise resisting the claim or
liabilities which might be imposed on the State as the result of such .actiyities by the
Sponsor, the Sponsor's agents or employees.
4. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement
incorporated shall be eyidenced by execution of this instrument by the Sponsor, and the
Agreement shall comprise a contract~ constituting the obligations and rights of the State
of Texas and the Sponsor with respect to the accomplishment of the project and the
operation and maintenance of the airport. Such Agreement shall become effectiye upon
execution of this instrument and shall remain in full force and effect for a period of at
least 20 years.
5. Sponsor agrees to proyide a suitable location for pre-bid and for pre-construction
conferences, and for the submission and open~ng of construction bids.
6. The Sponsor and not the State shall, for all purpos.es; be the "Sponsor" of the project
identified above ~ defined in Title 49 U.S.C. Sponsor agrees to assume responsibility
for operation of the facility in compliance with all applicable stat~ and federal
requirements including any statutes, rules, regulations, assurances, procedures or any
other directiyes before, during and after the completion of this project.
7. The Sponsor shall haye on file with the State a current and approyed Attorney's
Certificate Qf Airport Property Interests and Exhibit A property map.
8. The Sponsor shall have on file with the State, Attachment C, Certification Regarding
Drug-Free Workplace Requir~ments, attached and made part of this agreement.
. .
_ 9. Unless otherwise approyed by the State, the Sponsor will.not acquire- or pennit any
contractor or subcontractor to acquire any steel or manufactured products produced
outside the UI:1ited States to be used for any project for airport deyelopment or noise
compatibility for which funds are proyided under this grant. The sponsor will include in
eyery contract a proyision implementing this special condition. .
10. SPECIAL CONDITION: Except for instrument landing systems acquired with AlP
funds and later donated to and accepted by the FAA, the Sponsor must proyide for the
continuous operation and maintenance of any nayigational aid funded under the AlP
during the useful life of the equipment. The sponsor must check the facility, including
instrument landing systems, pri,or to commissioning to ensure it meets the operational
Page 6 of 25
standards. The slsor must also remoye, relocate, or l.r each Obs~clion on the
approach or provide for the adequate lighting or marking of the obstruction if any
aeronautical study conducted under FAR Part 77 determines that to be acceptable; and
mark and light the runway, as appropriate. The FederB:I Ayiation Administration will not
take oyer the ownership, 6p~ration, or maintenance of any sponsor-acquired equipment,
except for instrument landing systems..
11. SPECIAL CONDITION: For a project to. replace or reconstruct payement at the
airport, the Sponsor. shall. -implement an effectiye airport payement maintenance
management program as is required by Airport Sponsor Assurance Number 11. The
sponsor shall use such program for the useful life of any payement constructed,
reconstructed, or repaired with Federal financial assistance at the airport: As a minimum,
the program must conform to the proyisions in Attachment D "Pavement Maintenance
Management Program", attached and made part of this agreement.
12. The Sponsor ~ay uti~ize paying. sp.ecifications meeting State H;ighway criteria for
runways at non~primary. airports with lengths up to 5,000 fe~t .arid serving aircraft not
exceeding 60,000 pounds gross take-off weight. The sponsor agrees not to request
additional AIP funds for reconstruction or rehabilitate of pavement construct utilizing
State specification for 10 years from payement acceptance.
Par't IV- Nomination of the Agent
L The Sponsor designates the State as the party to. apply for, rece~Ye and disburse all fun~s
used, or to be used, in paym~nt of the costs of the project; or in reimbursement to either of
the parties for costs incurred.
2. The State agrees to assume the responsibility to assure that all aspects of the grant are
done in compliance with all applicable. state and federal requirements including any
statutes, rules, regulations, . assurances, procedures or any other directiyes, except as
otherwise specifically provided.
3. The State shall, for all purposes in connection with the project identified aboye, be the
Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent
to perform the following services: .
. .
.R~ceiving Disbur.ing Agent:
. a. apply for, accept, receiye, and deposit with the State Treasury any and all project
funds granted, allowed, and paid or made ayailable by the State and/or the United
States under Title 49 D.S.C. and congressional appropriation;
b. receiye, reyiew, approye - and process Sponsor's reimbursement requests for
approyed project costs; and
c. pay to the Sponsor, from granted funds, the portion of any approyed reasonable
and eligible project costs incurred by the Sponsor that are in excess of the
Sponsor's share.
Page 7 of 25
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Paying Agent:
d. receiye, reyiew, approve and pay inyoices and payment requests for services and
materials supplled iil accordance with State executed contracts;
Contracting Agent:
e. adyertise for professional engineering and/o.r planning services for, but not limited
to, the preparation of planning studies, plans and. specifications for the above
project and for the management of the construction of the aboye project; select the
consultant; certify consultant selection procedures; proyide notification of contract
award for professional services; and negotiate professional services fees; and
execute, on behalf of the Sponspr, a professional services agreement as related to
this project;
f. administer Disadyantage Business Enterprises (DBE) and/or Historically
Underutilized Business (HUB) Programs in accordance with federal and state
regulations.
. Contract Management Agent:
g. exercise such supervision and direction of the project work as the State reasonably
finds appropriate. Where there is an irreconcilable conflict or difference of
opinion, judgment, order or direction between the State and the Sponsor, any
. engineer, contractor, or materialman, the State .shall issue a written order, which
sh.all preyail and be controlli~g;
h. coordinate and reyiew project plans, specifications and construction; coordinate
and conduct progress and final inspections.
Construction Phase:
1. authorize the advertisement, receipt and opening of bids for construction of the
aboye project; and award contracts for construction of the aboye project and
acquisition of materials related to it; and execute, on behalf of the Sponsor,
construction contracts as related to this project;
J. participate in pre-bid and pre-construction conferences; and issue orders as it
deems ~ppropriate regarding. construction progress, i~cluding. but. not limited to
. Notices to Proceed, Stop.Wqrk Orders, and Change Orders;
k. reyiew, approye and maintain record drawings.
PART V - Recitals
1. The State and the Sponsor shall obtain an audit as required by federal or state regulations.
2. The Sponsor, and not the State, shall be the contractual party to all construction and
Page 8 of 25
professional serviclontracts entered into for the accompLent of this project. The
power of attorney, as granted by the Sponsor to the State in Part IV - Nomination of
Agentt is a limited power to perform acts in connection with airport improyements as
specified in or necessitated by this Agreement.
3. The Sponsor agrees to pursue and enforce contract items, which are required by federal
and/or state regulations, laws and orders to insure satisfactory performance of contract
yendors. Such items include, but are not limit~d to, bid bonds, payment bonds, and
performance bonds. Pursuit and enforcement of contract items may require litigation and
other remedies of law.
4. The United States and the State of Texas shall not be responsible or liable for damage to
property or injury to persons which may arise from, or be incidental to, compliance with
this grant agreement.
5. This Agreement is executed for the sole benefit of the contracting parties and is not
intended .or execut~d for the direct or incidental benefit of any third party. Furthermore,
the State. .shall not" be a party to any other contract or commitment, which the Sponsor
may enter into or assume, or haye entered into or haye assumed, in regard to the aboye
project. .
6. If the Sponsor fails to comply with the conditions of th~ grant, the State may, by written
notice to the Sponsor, suspend the grant in whole or in part. The notice of suspension
. shall cOJ1.tain the following:
a. The reaSons for. the suspension and the correctiye actton necessary to lift the
suspension;
b. A date by which the correctiye action must be taken;
c. Notification that consideration will be giyen to terminating the grant after the
correctiye action date.
In the ~~e: of suspension or. termination, the Sponsor may reque~t the State to reconsider
the suspension or termination. Such request for reconsideration shall be made within 45
days after receipt of the notice of suspension or termination.
. .
7. This Agreement is.subject to the applicable proYislons of Title 49 U:S.C., .the V.T.C.A.
Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and
the Airport Zoning Act, Tex. Loc. Govt. Code Ann. ~~ 241.001 et seq. (Vernon and
Vernon Supp.). Failure to comply with the terms of this Agreement or with the rules and
statutes shall be considered a breach of this contract and will allow the State to pursue the
remedies for breach as stated below. .
a. Of primary importance to the State is compliance with the terms and conditions of
this Agreement. If, howeyer, after all reasonable attempts to require compliance
haye failed, the State finds that Sponsor is unwilling and/or unable to comply with
any of the terms and conditions of this Agreement, the State may pursue any of
Page 9 of 25
the fOllowin'emedi.es: (1) require a refund of any.ney expended pursuant to
the Agreement, (2) deny Sponsor's future requests for aid, (3) request the
Attorney General to bring suit seeking reimbursement of any money expended on
the project pursuant to the Agreement, provided however, these remedies shall not
limit the State's authority to enforce its rules, regulations or orders as otherwise
proyided by law, (4) declare this Agreement null and yoid, or (5) any other
remedy ayailable at law or in equity.
b. Venue for resolution by a court of competent jurisdiction of any dispute arising
under the terms of this Agreement, or for enforcement of any of the proyisions of
this Agreement, is spe~ifically set by Agreement of the parties in Trayis County,
Texas.
8. The State reserves the right to amend or withdraw this Agreement at any time prior to
acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after
issuance unless extended by the State, which extension shall not be unreasonably denied
or delayed.
9. This Agreement constitutes the full and total understanding of the parties concerning their
rights and responsibilities in regard to this project and shall not be modified, amended,
rescinded or revoked unless such modification, amendment, rescission or reyocation is
agreed to by both parties in writing and executed by both parties.
10. All commitnients by the Sponsor and the State are subject to constitutional and statutory
limitations and restrictions binding upon the Sponsor.and the State (including ~~ 5. and 7
of Article 11 of the Texas Con.stitution, if applicable) and to the ayailability of funds.
which lawfully may be applied. :
11. The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport
Project Participation Agreement shall be eyidenced by execution of this instrument by the
Sponsor. This Offer and Acceptance shall comprise a Grant Agreement, as proyided by
the Title 49 U.S.C., constituting the contractual obligations and rights of the United
States, the State of Texas and the Sponsor with respect to the accomplishment of the
Project and cornpliance with the assurances and conditions as provided.
12. The state auditor may conduct an audit or inyestigation of any entity receiying funds from
the state directly under the contrac.t or indirectly through a subcontract under the contract.
. Acceptance of fuilds directly under the contract or indirectly through a subcontract" under.
this contract acts as acceptance of the authority of the state auditor, under the direction of
. the legislatiye audit committee, to conduct an audit or inyestigation in connection with
those funds.
Page 10 of25
~art VI .. Acceptance of the sponsor-
The City of La Porte, Texas, does ratify and . adopt all statements, representations,
warranties, coyenants and agreements constituting the described. project and incorporated
. materials referred to in the Agreement, and does accept the Offer, and agrees. to all of the terms
and conditions of the Agreement. ..
Executed this
.2.. ~.
da}'of >ep~.~..
200 ~.
, _.
~.~)
Witness Signatu~e
~~
Witness Title . .. .
The Citvof La Porte. Texas
Sponsor
B or Signature
etf" ~~.
Sponsor Title ,
Certificate of Sponsor's Attorney
I, l( tv 0'/. tJ.. . il SfL / Jt/S, acting as attorney for 1t:e C.., ~>f ~ f~
Texas, do certify that I haye' fqlly examined the Agreement and the pro edings taken by the
Sponsor relating, .and find that the manner of acceptance and execution, of the Agreement by the
Sports~r, is in accordance with the laws of the State of Texas.
Dated at" J '2. ~(9~.
. Texas, this j3~dayof Srf:e-.kw
-t24tt/ d~
, 2003
't!1UdJ~~
Witn ss Signature .
.~ .
t J Sure:ltJ/j J .
Witne Title . I .
Attorney Signature
. Page 11 of 25
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Part VII - Acceptance of the State
Executed by and approyed for tJ:le Texas Transportation Commission for the purpose and effect
, of actiyating and/or carrying. out the. orders, established policies or work programs and grants
heretofore approyed and au~horized by the Texas Transportation Commission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
By:
Date:
Page 12 of25
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ATTACHMENT A
CERTIFICATION OF AIRPORT FUND
The Sponsor does certify that an Airport Fund has been established for the Sponsor, and that all
fees, charges, rents, and money from any source deriyed from airport operations will be deposited
for the benefit of the Airport Fund an~ will not be diyerted for other general reyenue fund
expenditures or any other special fund of the Sponsor and that all expenditures from the Fund
will be solely for airport purposes. Such fund may be an account as part of another fund, but must
be accounted for in such a manner that all reyenues, expenses, retained earnings, and balances in
the account are discernible from other types of moneys identified in the fund as a whole.
The City of La Porte. Texas
(Sponsor)
By:
.1$.'i"5fJ ~ frr AlII (l-
Date: y.of-3
Page 13 of 25
A IT ACHMENT B
e
PART Y ASSURANCES
AirpOrt Sponsors
e
A. General.
1. These assurances shall be complied with in the perfonnance of grant agreements for airport development, airport planning,
and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project Airport Project Participation Agreement (hereinafter
referred to as "APPA'') by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As
used herein, the tenn "public agency sponsor" means a public agency with control of a public-use airport; the tenn "private
sponsor" means a private owner of a public-use airport; and the tenn "sponso~" includes both public agency sponsors and
private sponsors.
3. Upon acceptance of the grant.offer by the sponsor, these assurances are incorporated in and become part of the grant
agreement.
B. Duration and Applicability.
1. Airport developmenfor Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The tenns,
conditions and assurances of the grant agreement shall remain in full force and effect throughout the. useful life of the
facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout
the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not
to exceed twenty (20) years from the elate of acceptance of a grant offer of Federal funds for the project. However. there shall
be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as
an airport. There shall be no limit on the duration of the tenns, conditions, and assurances with respect to real property
acquired with federal funds. Furthennore, the duration of the Civil Rights.assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph I
also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the
facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no
less than ten (10) years from the date of acceptance of Federal aid for the project. .
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1,2,3.
5,6, 13, 18,30,32,33, and 34 in section C apply to planning projects. The tenns, conditions, and assurances of the grant
agreement shall remain in full force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that:
1. General Fedenl Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies,
guidelines. and requirements as they relate to the project, acceptance and use of Federal funds for this project including but
not limited to the following: .
Fedenl LegIslation
a. Title 49. U.S.C.. subtitle YII, as amended.
b. Davis-Bacon Act - 40 U.S.C. 276(a), ~.I
c. . Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d.. HatchAct-5U.S.C.150I,etseq.2
e. Unifonn Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601~.1
2
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(1).1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001,~.
i. Clean Air Act, P.L. 90-148, as amended.
j. CoastalZAlne Management Act. P.L. 93-20S, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1
I. Title 49 ,V.S.C., Section 303, (fonnerly known as Section 4(t))
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 . Title Yl - 42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of 1975 - 42 V.S.C. 610 1. ~.
p. American Indian. Religious Freedom Act, P.L 95-341, as amended.
.q. Architectural Barriers Act of 1968 -421,J.S.C. 415 I, ~.I. .
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, ~.I
t. Copeland Antikickback Act. 18 V.S.C. 874. I
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321~.1
v. Wild and Scenic Rivers Act. P.L 90-542, as amended.
w. Single Audit Act of 1984 - 31 U.S.C. 7501, ~.2
x. Drug-Free Workplace Act of 1988 - 41 V.S.C. 702 through 706.
Executive Orden .
Executive Order 11246 - Equal Employment Opportunity I
. Executive Order 11990 . Protection of Wetlands
Executive Order 11998 - Flood Plain Management
Executive Order 12372 -Intergovernmental Review of Federal Programs.
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction 1
Page 14 Qf25
Executive Order e - Environmental Justice
e
Federal Regulations
a. 14 CFR Part 13. Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1 - Procedures for predetennination of wage rates. I
e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by
loans or grants from the United States. I .
f. 29 CFR Part 5 - Labor standards provisions.applicable to contracts eovering federally financed and assisted
construction (also labor standards provisions applicable to non-construction contracts subject to the Contract.
Work Hours and Safety Standards Act).1
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department
of Labor
(Federal and federally assisted contracting requirements)..
h. 49 CFR Part 18 - Unifonn administrative requirements for grants and cooperative agreements to state and local
governments. J
i. 49 CFR Part 20 - New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the Department of Transportation _
effectuation of Title VI of the Civil Rights Act of 1964.
k. 49 CFR Part 23 . Participation by Disadvantage Business Enterprise in Airport Concessions.
I. 49 CFR Part 24 -Unifonn relocation assistance and real property acquisition for Federal and federally assisted
programs. I 1
m. 49 CFR Part 26 - Participation By Disadvantaged Business Enterprises in Department of Transportation
Programs. .
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting
from Federal
financial assistance..
o. 49 CFR Pari 29 - Govemment wide debannent and suspension (non-procurement) and government wide
requirements for drug-free workplace (grants).
p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny
procurement market access to U.S. contractors.
q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction. I
Office of Management and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants an(l Contracts with State and Local Governl!lents.
b. A-133 - Audits of States, Local Governments. and Non-Profit Organizations
(1) These laws do not apply to airport planning sponsors.
(2) These laws do not apply to private sponsors.
(3) 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments
receiving Federal assistance. Any requirement levied upon State and Local Governments by this
regulation and circular shall also be applicable to private sponsors receiving Federal assistance under
Title 49, United States Code.
Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are
incorporated by reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and c:any out the proposed
project; that a resolution. motion or similar action has been duly adopted or passed as an official act of the
applicant's governing body authorizing the filing ofthe APPA, including all understandings and assurances
contained therein, and directing and authorizing the person identified as the official representative of the applicant
to act in connection with the APP A and to provide such additional information as may be required. .
b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project
and comply 'Yith all tenns, conditions. and assurances of this grant agreCment. It shall designate an official
representative ~jj shall in Writing direct and al!thorize that person tq file. this APP A, including all understlll1dings
and assurances contained therein; to act in connection with this.APPA; and to provide such additional infonnation
as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by
the United States. It as sufficient funds available to assure operation and maintenance of items funded under the grant
agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary. to the landing area of
the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title
satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give
assurance to .the Secretary that good title will be obtained. .
S. Preserving Rights and Powers.
Page 15 of25
.a.
It wi&ke or pennit any action which would operate to deprive Ay of the rights and powers necessary to
perform any or all ofthi: terms. conditions, and assurances in iHe grant agreement without the written approval of
the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of
others which wouid interfere with such performance by the sponsor. This shall be done in a manner acceptable to
the Secretary. .
It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the
property shown on Exhibit A to this APP A or, for a noise compatibility program project, that porti~n of the
property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances
in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible
under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power,
authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or
document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the
terms, conditions, and assurances contained in this grant agreement.
For all noise compatibility program projects which are to be carried out by another unit of local government or are
on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that
government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the
same terms, conditions, and assurances that would be applicable to it ifit applied directly to the FAA for a grant
to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to
the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-
compliance with the terms of the agreement.
For noise compatibility program projects to be carried out on privately owned property, it will enter into an
agreement with the O\\'tIer of that property, which includes provisions, specified by the Secretary. It will take steps
to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms
of the agreement.
If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will
continue to function as a pUblic"'use airport in accordance with these assurances for the duration of these
assurances.
If an arrangement is made for management and operation of the airport by any agency or person other than the
sponsor or an employee of the sponsor, the sponsor will reselVe sufficient rights and authority to insure that the
airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms,
conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance
therewith. . .
b.
c.
d.
e.
f.
6. Consistency with Local Plans. The project is reasonably consistent with plans (existi!1g at the time of submission of this
APP A) of public agencies that are authorized by the State in which the project is located to plan for the development of the
area surrounding the airport.
7. . Con.slderatlon of Local Interest: It has given fair consideration.to the interest of communities in or near where the project
may be .Iocated. .. . .
8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States
Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has
afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of
the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the
community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary.
Further, for such projects, it has on its management board either voting representation from the communities where the
project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed
project.
10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it
will provide for the Governor of the state in which the project is located to certilY in writing to the Secretary that the project
will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any
case where such standards have not been approved and where applicable air and water quality standards have been
promulgat~ by the Administrator of the Environmental Protection Agem;y, certification shall be obtained from such
Adminisli'ator. Notice of certification or refusal to certify shall be provided within sixty days a(ler the project APPA has been
received by the Secretary. .
11. Pavement Preventive Maintenance. With respect to a project approved after January I, 1995, for the replacement or
reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement
maintenance-management program and it assures that it will use such program for the useful life of any pavement
constructed. reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on
pavement condition and pavement management programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined
in Title 49, it has, on the date of submittal of the project grant request, all the safety equipment required for certification of
such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or
regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning
and deplaning from aircraft other than air carrier aircraft.
13. AccountIng System, Audit, and Record KeepIng RequIrements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of
Page 16 of25
the pes of the grant. the total cost of the project in connection ahiCh the grant is given or used, and the
amount or nature of that portion of the cost of the project supplied by other sources, and such other financial
records pertinent to the project. The accounts and records shali be kept in accordance with an accounting system
that will facilitate an effective audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly
authorized representatives. for the purpose of audit and examination, any books, documents, papers, and records
of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted
by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the
disposition of the proceeds ora grant or relating to the project in connection with which the grant was given or
used, it shall file a certified copy of such audit with the Comptroller General ofthe United States not later than six
(6) months following the close of the fiscal year for which the audit was made.
14. MInimum Wage Rates. It shall include, in all contracts in excess of 52,000 for work on any projects funded under the grant
agreement which involve labor, provisions establishing minimum rates of wages, to be predetennined by the Secretary of
Labor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled
and unskilled labor. and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or
bids for the work.
15. Yeteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which
involve labor, such provisions as are necessary to insure that, in the employment oflabor (except in executive,
administrative, and supervisory positions), preference shall be given to Yeterans of the Vietnam era and disabled veterans as
defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are
available and qualified to perfonn the work to which the employment relates.
16. ConformIty to Plans and SpecificatIons. It will execute the project subject to plans, specifications, and schedules
approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other perfonnance under this grant agreement, and, upon approval ofthe
Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and
schedules shall also be subject to approval of the Secretary, and incorporated into the grant agreement.
17. ConstructIon Inspection and Approval. It will provide and maintain competent technical supervision at the construction
site throughout the project to assure that the work confonns to the plans, specifications, and schedules approved by the
Secretary for the project. It shall subject the construction work on any project contained in an approved project APP A to
inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by
the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of
such project as the Secretary shall de~ necessary.
18. Plannl!lg ProJec:ts~ In carrying out planning projects: . .
a. It will execute the project in accordance with the approved program narrative contained in the project APPA or
with the modifications similarly approved.
b. 11 will furnish the Secretary with .such periodic reports as required pertaining to the planning project and planning
work activities.
c. It will include in all published material prepared in connection with the planning project a notice that the material
was prepared under a grant provided by the United States.
d. . It will make such material available for examination by the public, and agrees that no material prepared with
funds under this project shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the
material prepared in connection with this grant. . .
f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their
subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of
professional services.
g. 11 will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the
project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any
planning material developed as part of this grant does not constitute or imply any assut'll!lce or commitment on the
part of the Secretary to approve any pending or. f~ture request for a FedeJ:llI airport grant. .
19. OperatIon and MaIntenance. .
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities
owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in
accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local
agencies for maintenance and operation. It will not cause or pennit any activity or .action thereon which would
interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon
or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the
airport for non-aeronautical purposes must first be approved by the Secretary. .
In furtherance of this assurance, the sponsor will have in effect arrangements for-
0) Operating the airport's aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and
(3) Promptly notifying ainnen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during
temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance.
Page 17 of25 .
Furth_thing herein shall be construed as requiring the maintenaapair, restoration, or replacement of any
structure or facility which is substantially damaged or destroyed i1ue to an act of God or other condition or
circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which
Federal fun~s have been expended.
20. Hazard Removal and MItIgation. It will take appropriate action to assure that such tenninal airspace as is required to
protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately
cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards
and by preventing the establishment or creation of future airport hazards.
21. . Compatible Land Use. It will take appropriate action,to the extent reasonable, including the adoption ofZ9ning laws, to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with
nonnal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility
program implementation. it will not cause or pennit any change in land use, within its jurisdiction, that will reduce its
compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been
expended.
22. EconomIc NondIscrImination.
a. It will make the airport available as an airport for public use on reasonable tenns and without unjust
discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical
activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to
any person, finn, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the
public at the airport, the sponsor will insert and enforce provisions requiring the contractor to-
(I) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and
(2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor
may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price
reductions to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are
unifonnly applicable to all other fixed-based operators making the same or similar uses of such airport and
utilizing the same or similar facilities.
d. Each air cirTier using such airport shall have the right to service itself or to use any fixed-based operator that is
authorized or penn ined by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall
be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees,
. rentals, and other charg~s with respect to facilities directly and substantially related to providing air tJ:ilnsportation
as are appli~able to all suc~ ",ir cairiers which make similar ~se of such airport and utilize similar facilities,
subject to reasonable classifications such as tenants or nontenants and signatory Can1ers and nonsignatory
carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided
an air carrier assumes obligations substantially similar to those already imposed on air carriers in such
classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, finn, or corporation
operating aircraft on the airport from perfonning any services on its own aircraft with its own employees
[including, but not limited to maintenance, repair, and fueling) that it may choose to perfonn.
g. .In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services
involved will be provided on the same conditions as would apply to the furnishing of such services by commercial
aeronautical service providers authorized by the sponsor under these provisions.
h.. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of
the airport as may be necessary for the safe and efficient operation of the airport. .
i. The sponsor may prohibit or liniit any given type, kind or class of aeronautical use of the airport if such action is
necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
23. Exc:luslve Rights. It will pennit no exclusive right for the use of the airport by any person providing. or intending to
provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a
single fixed-based ~perator shall not be construed as an exclusive right ifboth of the following apply: .
a. It would be unreasonably costly. 'burdensome, or. impractical for more than one fixed-baSed operator to provide
such services, and . .
b. If allowing more than one fixed-based operator to provide such services would require the reduction of space
leased pursuant to an existing agreement between such single fixed-based operator and such airport.
It further agrees that it will not, either directly or indirectly, grant or pennit any person, finn, or corporation, the exclusive
right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft
rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales
and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity,
repair and maintenance of aircraft, sale of aircraft parts, and any other aCtivities which because of their direct relationship to
the operation of aircraft can be regarded as an
aeronautical activity, and that it will tenninate any exclusive right to conduct an aeronautical activity now existing at such an
airport before the ~t of any assistance under Title 49, United States Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will
make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account
such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development,
airport planning or noise compatibility project for which a grant is made under Title 49, United States Code. the Airport and
Page 18 of25
Airway Improve_ct of 1982, the Federal Airport Act or the Ai~rt and Ae Development Act of 1970 shall be
included in the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987,
will be expended by it for the capital or operating costs of the airport; the local airport system; or other local
facilities which.are owned or operated by the own~r or operator of the airport and which are directly and
substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on
or off the airport. Provided, however, that ifcovertants or assurances in debt obligations issued before September
3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing
statutes controlling the owner or operator's financing, provide for the use of the revenues fJ:Om any of the airport
owrier or operator's facilities, including the airport, to support not only the .airport but also the airport owner or
op\=rator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by
the airport (and, in the case ofa public airport, local taxes on aviation fuel) shall not apply.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will
review, and the resulting audit report will provide an opinion concerning, the use ofairport revenue and taxes in
paragraph (a), and indicating whether funds paid or transfelTCd to the owner or operator are paid or transferred in
a manner consistent with Title 49, United States Code and any other applicable provision oflaw, including any
regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the
provisions of Section 47107 of Title 49, United States Code.
26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably
request and make such reports available to the public; make available to the public at reasonable times and places
a report of the airport budget in a fonnat prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents affecting the airport,
including deeds, leases, operation and use agreements, regulations and other instruments, available .for inspection
by any duly authorized agent of the Secretary upon reasonable request; .
c. for noise compatibility program projects, make records and documents relating to the project and continued
compliance with the tenns,conditions, and assurances of the grant agreement including deeds, leases,
agreements, regulations, and other instnlments, available for inspection by any duly authorized agent of the
Secretary upon reasonable request; and
d. in a fonnat and time prescribed by the Secretary, provide to the Secretary and make available to the public
following each of its fiscal years, an annual report listing -in detail:
(i) all amounts paid by the airport to any other unit of government and the purposes for w~ich each such
payment was made; and .. .
(ii) all services and property provided by the .airpOrt to other units of government and the amount of
compensation received for provision of each such service and property: . .
27. Use by Government Alrcnft. It will make available all of the facilities of the airport developed with Federal financial
assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in
common with other aircraft at all times without charge, except, if the use by Government aircra,ft is substantial, charge may
be made for a reasonable share. proportional to such use, for the cost of operating and maintaining the facilities used. Unless
otherwise detennined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an
airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in
the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any
calendar month that. .
. a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more.
or the gross accumulative weight of Government aircraft using the airport (the total movement of Government
aircraft multipiied by gross weights of such aircraft) is in excess of five million pounds.
28. Land for Federal FaclIltles. It will furnish without cost to the Federal Government for use in connection with any air traffic
control or air navigation activities, or weather-reporting and communi~tion activities related to air traffic control, any areas
of land or water, or estate there.in, or rights i!l buildings of the. sponsor as the Secretary considers necessary or desirable for
construction, operation, and maintenance I\t Fed~~1 expense of space or facilities for such purposes. Such ~reas or any
portion thereof will be made available as provided herein within four monthsaftet receipt ofa written request from the
Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing (I) boundaries of the airport and all
proposed additions thereto, together with the boundaries of all off site areas owned or controlled by the sponsor for
airport purposes and proposed additions thereto; (2) the location and nature ofall existing and proposed airport
facilities and stnlctures (such as runways, taxiways, aprons, tenninal buildings, hangars and roads), including all
propOsed extensions and reductions of existing airport facilities; and (3) the location ofall existing and proposed
nonaviation areas and ofall existing improvements thereon. Such airport layout plans and each amendment.
revision. or modification thereof, shall be subject to the approval of the Secretary which approval shall be
evidenced by the signatlire of a duly authorized representative of the Secretary on the face of the airport layout
plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which
are nol in confonnity with the airport layout plan as approved by the Secretary and which might, in the opinion of
the Secretary, adversely affect the safety, utility or efficiency of the airport.
Page 19 of25
b.
If a ce or alteration in the airport or the faciliti~s is made whicaecretary detennines adversely affects
the safety, utility, or e(ficiency of any federally owned, leas~d, ~r funded property on or off the airport and which
is not in confonniiY wiih the airport layout plan as approved by the Secretary. the owner or operator will, if
requested, by the Secretary (I) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear
all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of
restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation
existing before the unapproved change in the airport or its facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed,
color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from
funds received from this grant.. This assurance obligates the sponsor for the period during which F:ederal financial assistance
is extended to the prograni, except where Federal financial assistance i~ to provide, or is in the fonn of personal property or
real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or
any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for
which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits,
or (b) the period during which the sponsor retains ownership or possession of the property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the
land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of
the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will,
at the discretion of the Secretary, I) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested in
an approved noise compatibility project as prescribed by the Secretary.
b. (I) For land purchased under a grant for airport development purposes (other than noise compatibility), it will,
when the land is no longer needed for airport purposes, dispose of such land at fair market value or make
available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the
land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost
of acquisition of such land will, (a) upon application to the Secretary, be reinvested .in another eligible airport
improvement project or projects approved by the Secretary at that airport or within the national airport system, or
(b) be paid to the Secretary for deposit in the Trust Fund ifno eligible project exists.
(2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for
aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (b) the revenue from
interim uses.ofsuch land contributes to the financial self-sufficiency of the airport. Further, land purchased with a
grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for
airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by
the operator or owner of the uses of such land, did not object to such use. and the land continues to be used for
that purpose, such use having commenced no later than December IS, 1989. .
c. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right
therein necessary to ensure that such land will only be used for purposes whi~h are compatible with noise levels
associated with operation of the airport.
32. EngineerIng and Design ServIces. It will award each contract, or sub-contract for prograni management. construction
management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering,
surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and
engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an
equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.
33. ForeIgn Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses
any product or service of a foreign country during the period in which such foreign country is listed by the United States.
Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in
procurement and constructio?
34. PolicIes, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and
specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA
Advisory Circulars for AlP projects. dat~ 7/1/99 and included in this grant, and in accordance .with applicable state policies,
. standards, and specifications approved by ~e Secretary. . .
35. Relocation and Real Property AcquisItIon. (I) It will be guided in acquiring real property. to the greatest extent
practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will payor reimburse
property owners for necessary expenses as specified in Subpart B.(2) It will provide a relocation assistance program offering
the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as
required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to
displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By IntercIty Buses. The airport owner or operator will pennit, to the maximum extent practicable, intercity buses or
other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity
buses or for other modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex
in the award and perfonnance of any DOT-assisted contract or in the administration of its DBE program or the requirements
of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non
discrimination in the award and ~ministration of DOT -assisted contracts. The recipient's OBE program, as required by 49
Page 20 of25
CFR Part 26, and_proved by DOT, is incorporated by reference in this agreltt. Implementation of this program is a
legal obligation and failure to cany out its tenns shall be treated as a vioiatioh of this agreement. Upon notification to the
recipient of its failure to cany out its approved program. the Department may impose sanctions as provided for under Part 26
and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 01 U.S.C. 3801).
Page 21 of25
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CURRENT FAA ADVISORY CIRCULARS FOR AIPIPFC PROJECTS
The following apply to both AlP and PFC Projects
NUMBER
70n460-Jj
1 SO/SOOO-13
ISO/SI00-14C
ISO/S200-30A, CHG I & 2
1 SO/S2OO-33 .
1 SO/S21 O-SB
I SO/S210-7B
1 SO/S210-13A
ISO/S210-14A
ISO/S210-IS
1 SO/S210-1 8
ISO/S210-19
I SO/S220-4B
1 SO/S220-1 OB
1 SO/S220- I 3B
ISO/S220-16B
ISO/S220-17A
ISOIS220-18
1 SO/S220-19
1 SO/S220-20, CHG 1
.1 SO/S220-21 A
1 SO/S300-13, CHG I, 2, 3. 4, S
ISO/S3oo-14
I SO/S3OO-1 S
1 SO/S320-SB
1 SO/S320-6D
ISO/~320-12C
1 SO/S320-14
. ISO/S3~0-16 .
1 SO/S32S-4A, CHG I
ISO/S340-IG
1 SO/S340-4C, CHG 1 & 2
1 SO/S34O-SB, CHG 1
ISO/S34O"14B, CHG 1 & 2
1 SO/S340-17B
ISO/S340-18C, CHG 1
1 SO/S34O-19
1 SO/S340-21
ISO/S340-23B
1 SO/S340-24, CHG 1
ISO/S34O-27A
1 SOIS34S-3D
ISO/S34S.SA
ISO/S345-7D, CHG 1
ISOIS34S-IOE
ISO/~34S-12C
150IS3:4.S-13A
1 SO/S345-26B, CHG 1 & 2
1 SO/S34S-27C
ISO/S34S-28D, CHG 1
1 SOIS34S-39B, CHG I
1 SO/S34S-42C, CHq 1
1501S34S-43E
ISOIS345-44F, CHG 1
150/S345-4SA
150/534S-46A
1 501534S-47 A
I SO/S34S-49A
Updated on: 71\/99
TITLE
Obstruction Marking and Lighting
Announcement of Availability-RTCA Inc., Document RTCA-22 1 , Guidance and
Recommended Requirements for Airport Surface Movement Sensors
Architectural, Engineering, and PI~ning Consultant Services for. Airport Grant Projects
Airport Winter Safety and Operations .
Hazardous Wildlife Attractants On or Near Airports
Painting, Marking and Lighting of Vehicles Used on an Airport
Aircraft Fire and Rescue Communications
Water Rescue Plans, Facilities, and Equipment
Airport Fire and Rescue Personnel Protective Clothing
Airport Rescue & Firefighting Station Building Design
Systems for Interactive Training of Airport Personnel
Driver's Enhanced Vision System (DEVS)
Water Supply Systems for Aircraft Fire and Rescue Protection
Guide Specification for WaterlFoam Type Aircraft Rescue and Firefighting Yehicles
Runway Surface Condition Sensor Specification Guide
Automated Weather Observing Systems for NonFederal Applications ..
Design Standards for Aircraft Rescue Firefighting Training Facil.ities
Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and
Materials
Guide Specification for Small, Dual-Agent Aircraft Rescue and Firefighting Vehicles
Airport Snow and Ice Control Equipment
Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impainnents
Airport Design
Design of Aircraft Deicing Facilities
Use ofYalue Engineering for Engineering Design of Airport Grant Projects
Airport Drainage
Airport Pavement Design and Evaluation
Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces
Airport Landscaping for Noise Control Purposes .. . .
Airport Pavement Design for tile Boeing 717 Airplane :
Runway Length Requirements for Airport Design
Standards for Airport Markings
Installation Details for Runway Centerline Touchdown Zone Lighting Systems
Segmented Circle Airport Marker System
Economy Approach Lighting Aids
Standby Power for Non-FAA Airport Lighting Systems
Standards for Airport Sign Systems
Taxiway Centerline Lighting System
Airport Miscellaneous Lighting Yisual Aids
Supplemental Wind Cones
Runway and Taxiway Edge Lighting System
Air-to-Ground Radio Control of Airport Lighting Systems
Specification for 1.821 Panels for Remote Control of Airport Lighting
Circuit Selector Switch ..
Specification for 1.824 Underground Elecbical Cable for Airport Lighting Circuits
Specification for Constant Current Regulators Regulator Monitors
Specification for Airport and Heliport Beacon
Specification for L841 Auxi!iBI)' ~elay Cabinet Assembly for-Pilot Control of Airport Lighting.
Circuits
Specification for l.8i3 Plug and Receptacle, Cable Connectors
Specification for Wind Cone Assemblies
Precision Approach Path Indicator (pAPI) Systems
FAA Specification I.8S3, Runway and Taxiway Centerline Retroreflective Markers
Specification for Airport Light Bases, Transfonner Housings, Junction Boxes and
Accessories
Specification for Obstruction Lighting Equipment
Specification for Taxiway and Runway Signs
Lightweight Approach Light Structure
Specification for Runway and Taxiway Light Fixtures
Isolation Transfonners for Airport Lighting Systems
Specification I.8S4, Radio Control Equipment
Page 22 of 2S
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15015345-50, CHG I
150/5345-51, CHG I
15015345-52
15015345-53A, (including addendum)
15015360-9
15015360-12A
150/5360-13, CHG I
15015370-2C
150/5370-68
15015370-IOA CHG 1,2,3,4.5,6,7.8,9
150/5370-11, CHG I
150/5370-12
15015390-2A
15015390-3
e
Specification for Portable Runway Lights
Specification for Discharge-Type Flasher Equipment
Generic Yisual Glideslope Indicators (GYGI)
Airport Lighting Equipment Certification Program
Planning and Design of Airport Tenninal Facilities at "NonHub Locations
Airport Signing & Graphics
Planning and Design Guidance for Airport Tenninal Facilities
Operational Safety on Airports During COl!struction .
Construction Progress and Inspection Report-Airpo~ Grant Program
Standards for Specifying Construction of Airports
Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
Quality Control of Construction for Airport Grant Projects
Heliport Design
Vertiport Design
Page 23 of 25
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AITACHMENT C
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
A. The grantee certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a con~olled substance is prohibite4 in the grantee's workplace and .speCifying the actions
that will be taken against employees for violation of such prohibition:
(b) Establishing an ongoing drug-free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of
the statement required by paragraph (a);
(d) Notifying the employee in the statement.required by paragraph (a) that, as a condition of employment under
the grant, the employee will-
(1) Abide by the ierms of the statement; and
(2) Notify the employer in writing of his o~ her conviction for a violation ofa criminal drug statute occurring
in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from
an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must
provide notice, including position title, to every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has designated a central point for the receipt of such
. notices. Notices shall include .the identification number(s) of each affected grant;
(f) Ta~ng ~lDe of~e following actions, within.30 calendar days of receiving notice ~der paragraph (d)(2), with
respect to any employee who is so convicted-'. . . .
(1) 'taking appropriate personnel action against such.an employee, up to and including termInation; consistent
with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate
agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraphs (a), (b), (c), (d), (e), and (t),
B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection
with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
'=In-iil tnCfl(lI- P c-L kw"'1
w () ,-( tit r
L.f?:- p~
~~/~ ~
P-
,7':)-7 I
Check
n file that are not identified here.
~ Dakd:fr3
C , M Ifvl, #1..
Signed:
:JO ~~ ,4s~t.,
Typed Name and Ti e of Sponsor Representative
Page 24 of 2S
, .
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ATTACHMENT D
PAVEMENT MAINTENANCE MANAGEMENT PROGRAM
An effective pavement maintenance management program is one that details the procedures to be followed to assure
that proper pavement maintenance, both prevent~tive and repak, is performed. An airport sponsor may use any form
of inspection program it deems appropriate. The program must, as a miiUmum, include the following:
1. Pavement Invent~ry. The following must be depicted in an.appropriate form and level of details:
a. location of all runways, taxiways, and aprons
b. dimensions
C. type of pavement
d. year of construction or most recent rehabilitation
For'compliance with the Airport Improvement Program assurances, pavements that have been constructed,
reconstructed, or repaired with Federal fmancial assistance shall be so depicted.
2. Inspection Schedule.
a. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of
recorded pavement deterioration is available, i.e. Pavement Condition Index (PCI) survey as set forth in
Advisory Circular 15015380-6, Guidelines and Procedures for Maintenance of Airport Pavements, the
frequency of inspections may be extended to three years.
b~ Drive-by Inspection. A drive-by inspe9iion must be performed a minimum of once per month to detect
UIiexpected changes in the pavement" condition. .
3. Record Keeping. Complete information on the fmdings of all detailed inspections and other maintenance
performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and
remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed
below.
a. inspection date
b. location
c. distress types
d. maintenance scheduled or performed
For drive-by inspections, the date of inspection and any maintenance performed must be recorded.
4. Info~mation ~etrieval. An airport sponsor may use any form of record k~eping it deems. appropriate, so long as
the informatic;m and re~ords produced by the pavement surv~y can-be retrieved to provide a report to the FAA as may
. be required. . . .
S. Reference. Refer to Advisory Circular 15015380-6, Guidelines and Procedures for Maintenance of Airport
Pavements, for specific guidelines and procedures for maintaining airport pavements and establishing an effective
maintenance program. Specific types of distress, their probable causes, inspection guideline, and recommended
methods of repair are presented. .
Page 25 of 25
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EMERGENCY SERVICES
ARTICLE II. ALARMS
Sec.30-31.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 clearly indicates a
different meaning
Alarm site. - The specific property or area of the premises upon or within which an
alarm system is or is to be installed.
Alarm system. - A fire alarm protectiye service or any electrical, mechanical or
electronic device or. assembly of equipment that emits, transmits, or relays a signal
intended to summon or that would reasonably be expected to summon, by direct means,
the aid of the police or fire department of the city. For purposes of this article, the
following types of alarm systems are exempted:
. (1) An alarm system installed on a motor yehicle not used for a habitation at a
perminate site.
(2) An alarm system designed so that no notification is giyen to the police by
direct means until after the occupants or an agent of the owner or lessee haye
inspected the alarm site and determined that there is physical eyidence at the
site showing that the alarm was the result of criminal actiyity or the kind for
which the alarm system was designed to give notice and does so notify the
police, if a person who is able to grant acce~s to the alarm site remains at such
site until police arrive whenever. the police are notified after an alarm has been
actiyated, and such person renders access and such other assistance as he is
able to give and that is needed by the police to properly investigate the
situation.
(3) Any alarm system designed solely to detect or, give notice of fire or
smoke.
(4) An alarm system operated, owned or maintained by the United States
government, the state, the city, or any county government or school district
situated within the corporate limits of the city.
Alarm system business- means the business of any individual, partnership, corporation or
other entity engaged in selling, leasing, maintaining, servicing, repairing, altering,
rel'laeiBg IBs"iBg SF inemlliRg ~ al:n:m f:YEtcm t9 be &old l,:uetJ 1'n~;"t!l;"P,J QPru;l'P,J
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repaired, altered, replaced, moved or installed in or on any building, structure or facility. .
Alarm us~r- mean~ the person,Jirm, partnership, association, cOQ2oration. company or
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organization, structure, or facility or portion thereof wherein an alarm system is
maintained
Applicant. - The person who seeks to be the permit holder.
Automatic dialing device. - Any device connected to an alarm . system, which
automatically sends a prerecorded message or coded signal indicating the actiyation of
the alarm system to a pre-determined location.
Burglar Alarm System. - Any alarm system intended to prevent or detect an
Unauthorized entry or attempt thereof into the alarm site.
Central Station. - That part of an alarm system business which intercepts signals
indicating the activation of an alarm device and which relays this information by liye
voice to the city police department or frre department.
Chief of Police. - The chief of the city police department and any employee(s) of the city
police department assigned by the police chief to perform the duties prescribed by this
chapter.
City. - The. City of La Porte, Texas, including its yarious departments and diyisions such
as the police department and the fire department.
City Official. - Any employee or agent of the city who implements, inspects, or enforces
all or a portion of this chapter.
Disconnect. - To render an alarm system disabled so as to prevent any direct or indirect
notification to the police or fire departm~nt by silent or local alarm. .
Excused false alarm. - Activation of any alarm system caused by yiolent conditions of
nature or other extraordinary circumstances.
False a!arm. - Any alarm which was not the result of an emergency or threat of
emergency or threat of emergency of the kind for which the alarm system was designed
to give notice where the alarm system actiyates a signal indicating to the police or fire
department the system has been violated, thereby causing a response by the police or fire
department when, in fact, a situation requiring a response does not exist. This definition
does not include violeIlt conditions of nature, nor does it include other extraordinary
circumstances not reasonably subject to control by the alarm user.
Fire Alarm Protective Service. - Any service whereby any person provides and employs
electronic or mechanical means to detect the presence of fire on any premises in the city,
the report of which is then transmitted to or through the communication system of the frre
tippHrimp.nt or whi~h !ilY~tem i~ -in any manner connected with the fire alarm
communication system of the fire department. The term also means the activity of
maintaining, servicing, repairing, altering, replacing. moying or installin~ in or on any
building, place or premises any deVice designed or used for detection of fire.
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Fire Chief - The chief of the city fire department and any employee(s) of the city fire
department assigned by the fire chief to perform the duties prescribed by this chapter.
Holdup Alarm System. _. Any system designed to be activated to giye notification of a
robbery, attempted robbery, or summons police aid for any other perceiyed life-
threatening reasons.
Local Alarm System- any alarm system emitting audible and/or visual signals in, at, or on
the alarm site when activated and which causes notification t9 be made directly or
indirectly to the city police department or city fire department.
Permit. - A certificate of authorization issued by the city to the applicant authorizing the
operation of the alarm system(s) for which the permit is issued.
Permit Holder. - The person to whom a city alarm system permit is issued
Telephone Answering Service. - Any business, other than an alarm system business
which intercepts signals indicating the actiyation of an alarm system and relays this
information by live voice to the city police department or city fire department.
Thirty minute Shutoff. - An automatic device associated with an alarm system, which
automatically causes the alarm to shut off and discontinue the emission of an audible
signal after a period oftilp.e not to exceed thirty (30) minutes of continuous operation.
Sec. 30-32. Permit required: exceptions:
(a) No person shall operate, cause to be operated, or allow the operation of an
alarm system or local alarm system, unless a valid permit has been issued for that
system or as otherwise allowed by law. However, this section shall not be
applicable to an alarm. system business which monitors, services, or monitors. and
services, an alaim. system installed and designed to protect property under the
control of a person other than the alarm. system business; but the person in control
of the property which the alarm system is designed to protect shall be subject to
misdemeanor prosecution if he permits the operation of such system without a
valid permit. Any person who operates, causes to be operated, or allows the
operation of an alarm system without a valid permit shall be subject to
misdemeanor prosecution.
(b) A response, if any, made by the police or fire department upon proper
notification, by an. alarm system business shall be subject to the policies and
procedure of the police and/or fire department goyeming, but not limited to, the
pnonfip.~ for police or fire re!ij)onses. .
(c) An appli~t may apply for a separate permit for each alarm system, or may
obtain a single permit for all alarm systems, on so much of one premises to which
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the person to whom a permit is to be issued has legal rights of ownership or
possession, except that separate permits must be obtained to authorize the
operation of both burglar and holdup alarm systems on anyone (1) premises.
(d) The issuance of a permit authorizing the use of an alarm system is not
intended to nor shall it create a contract, either express or implied, creating a duty
or guarantee of response. Any and all liability and consequential damages
resulting. from the failure to respond to a notification is hereby disclaimed and
goyernmental immunity as proyided by law is retained
( e) The city may refuse to issue a certificate of occupancy/change of occupancy if
the premises to which such certificate relates has an alarm system that is not
permitted pmsuant to this chapter.
Sec. 30-33. Application for permit. .
Application for a permit authorizing the operation of an alarm system shall be
made by a person. who has control oyer the property, such as a person who owns,
lease, uses, resides at, or manages the property upon which the alarm system is
installed, and should have an active water account with the city. Such application
shall be made in writing to the city on a form designated by the city for that
purpose. On such application shall be set forth: .
(a) The name, address, telephone number(s), and driyer's license number of
the permit holder. .
(b) Copies of the assumed name registration, if any, and the names and
addresses of all general partners if the permit holder is to be a partnership; or
the corporate charter with the names, addresses of officers and registered
agents or the certificate of authorization to dQ business from the Secretary of
State if the permit holder is to be a corporation.
(c) The street address of the property on which the alarm system is to be
installed and operated. Including the particular suite or apartment number(s)
if applicable.
(d) Any business name used for the premises on which the alarm system is to
be installed, and operated.
(e) Whether the alarm system is a local alarm and whether it is designed to
giye notice ofa burglary, robbery, or any other life-threatening emergency.
(t) The name. address and tele9hone number of the alarm system business that
has installed or will install the alarm system
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(g) The names and local telephone numbers of two (2) persons, or the name
and local telephone number of an alarm system business which are able to and
have agreed to:
(1) receive notification at any time;
(2) come to the alarm site within one (1) hour after receiving a
request form a city official to do so; and
(3) grant access to the alarm site and to deactiyate the alarm
system if such becomes necessary; or; the name and locate
telephone number of an alarm system business which is
able and has agreed to receive calls at any time and to give
the city the names of persons listed with that company as
set out below if; .
The permit holder has given the alarm system business the names and
local telephone numbers of two (2) persons who are able and haye agreed
to receive notification at any time; to come to the alarm site within one (1)
hour after receiving a request from a city official to do so; and to grant
access to the alarm site and to deactivate the alarm system if necessary;
and
The permit holder has authorized the alarm system business to provide the
names listed with that business pursuant to this section to a city official
whenever such official has requested that information in order to obtain
assistance after an alarm has been actiyated.
h. Any application for a permit shall demonstrate compliance with all provisions
of the La Porte City Code and that all charges owed to the city have been
paid.
1. If an individual residence or apartment, the names of the other residents over
the age of eighteen (18).
Such application shall be signed by the applicant acknowledging he has read the
application, affirming the correctness and accuracy of the information giYen. on
the application and authorizing the release to the city of information.
The city shall issue a permit upon receipt of the application, payment of fee and
upon determining compliance with the provisions of this chapter.
Sec. 30-34. Amendments to application.
Whenever a person or comoany listed on the aODlication or listed on an
amendment to the application is unable or unwilling to perform their respectiye duties as
se.Lforth in this chaRter, .the permit holder shall file an amendment to the permit
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application listing a person or company who is able and will perform those duties so that
at all times the application on file with the city is correct.
Sec. 30-35. Confidentiality.
To the extent allowed by law, the city shall treat all information on the application.
for a permit as confidential; provided, howeyer, nothing in this chapter shall prohibit the
use of such information for legitimate purposes relating to the health, safety, and well-
being of the community and for enforcement of the terms and provisions of this chapter.
Sec. 30-36. Permit term; renewal.
(a) Each permit issued pursuant t~ this article shall be valid from date of issuance to
September 30 of each year and then shall be renewable. The permit fee shall be in the
amount of Thirty-Five Dollars ($35.00). If the permit holder relinquishes control of
the alarm site before the expiration of the term of permit, then the permit extinguishes
on the date of relinquishment.
(b) A renewal fee ofTen Dollars ($10.00) will automatically be billed by the city
water department by way of water bill notification to the address of a permitted alarm
or permit holder, unless notification has been made by the permit holder of the
deactivation of the alarm and cancellation of the alarm and permit.
Sec. 30-37. Nontransferable
Each permit issued shall be yalid only for the premises and person(s) permitted
and is not transferable to another person or other premises. Upon transfer from the
permit holder of control over the premises to which the permit relates, a new permit must
be applied for according to this chapter.
Sec. 30-38. Duties of permit holder.
(a) The permit holder shall ensure that he or any person listed with the city for
purposes of notification pursuant to the provisions of this chapter is able to:
1. Receiye notification at any time;
2. Come to the alarm site within one (1) hour after receiving a request
form the city to do so to assist the city with respect to the premises and
the alarm system at such premise, and;
3 . ('lTant access to the alarm site and to deactiyate the alarm system if such
becomes necessary.
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(b) The permit holder shall train all persons who may activate or deactiyate the
alarm system in the proper operation of the alarm system.
(c) The permit holder will be responsible for all fees associated with the permit or
the operation of the alarm system.
Sec. 30-39. Duty of person notified by police department to provide access to
premises, render assistance.
Any person or company listed with the city for purposes of notification who is
notified by a city official of the activation of an alarm system pursuant to the provisions
of this chapter and who is able to giye access to the alarm site shall come to the alarm site
within one (1) hour of the time such.person or company is notified of such actiyation and
shall provide the city official any necessary access or assistance.
Sec. 30-40. Repairing of alarm system.
(a) The permit holder shall ensure that the alarm system is r~paired within
seventy-two (72) hours of the time notification is made from the city that such
system is malfunctioning or causing potential excessive alarms; or
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(b) Alternatively, the permit holder may cause such alarm system to be
deactivated rather than having such system repaired upon notification from the
city that such system is malfunctioning or causing potential excessive alarms. If
the permit holder does deactivate such alarm system he shall so notify the city and
such system shall not be reactiyated until it has been repaired.
Sec. 30-41. Operation of alarm system.
No person -shall install, cause to be installed or permit to be installed an alarm
system unless the following requirements are met:
(a) An alarm system which may be actiyated as a result of different types of
emergency situations shall give a silent signal, if so equipped, that is unique
to designate activation as a result of a holdup, a burglary, a fire, or any other
different type of emergency situation so that the proper notification and
proper response can be made; otherwise,
(b) An alarm system designed to emit an audible signal or sound intended to be
heard from the exterior of the alarm site shall haye a thirty-minute shutoff
from the time of activation and must not sound similar to that of siren, an
emergency vehicle, or a civil defense warning system.
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(c) No holdup alarm shall include any deyice which can cause actiyation
inadvertently; and any holdup alarm shall be designed so that it may be activated
only by intentional and deliberate human action;
(d) No person shall use or permit the use of any telephone device or telephone
attachment which automatically selects any telephone . line leading into the
communication center of the city police department or city fire department or any
number leading into the offices of the city and then transmits any pre-recorded
message or signal;
(e) No person shall use or permit the use of any system which gives notification
of the actiyation of the alarm system directly to the city police department, city
fire department or other offices of the city by any means other than live human
voice; and
(t) The chief of police and the fire chief may set reasonable standards and
procedures to be followed by any alarm system business or telephone answering
service when giving notice to their respective department of activation of an alarm
system. Such standards and procedures shall be set out in writing and made
available to any person requesting same.
Sec. 30-42. Determinatio.n of false alarm; rebuttable presumption
For the purpose of this ordinance, there is a rebuttal presumption that the following
determinations made by the chief of police or by the police department officer on the
scene of the premises reporting an alarm signal are correct:
(a) There is no eyidence of a crime or other activity that would warrant a call for
immediate police or fire assistance at the premises;
(b) No individual who was on or near the premises or who has viewed a video
communication from the premises called for a police or fire department dispatch
or verified a need for an immediate emergency response; and
(c) There is no evidence that violent conditions of nature or other extraordinary
. circumstances caused the activation of the alarm.
Sec. 30-43. False activation prohibited; exceptions:
No person shall knowingly, intentionally or with reckless disregard activate an alarm
system for any purpose other than an emergency or threat of emergency of the kind for
which the alarm system was designed.to give notice; proyided, however, it shall be an
affirmative defense to prosecution under this section that the alarm system was activated
solely for the purpose of testing the system and the person who tested the alarm system
took reasonable precautions to yoid any request bein~ made to the city to respond to such
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alarm. This section shall not apply to conduct which is in violation of section 42.06 of
the Texas Penal Code, as presently enacted and as may be subsequently amended.
Sec. 30-44. Service fees for permit and city response to an alarm.
The city may charge service fees for its permits and responses to false alarms in
accordance with this chapter. Except as may be hereinafter set forth, service fees for
issuance of permits, false alarms and any other charges and penalties arising pursuant to
this chapter shall be in such amounts as may be established in this chapter and as may,
from time to time, be adopted by resolution of the city council of the City of La Porte.
Service Fees will automatically be billed to the permit holder by including service fee on
permit holder's water bill notification form.
. With respect to alarm systems, no penalty or service fee for signaling of a false
alarm by an alarm system shall be made unless at least fiye other false alarms have
occurred during the proceeding twelve (12) months. The service fee may be assessed
against the owners, occupants or person in control of the premises where the alarm
system is located. The amount assessed for a false alarm of an alarm system after five (5)
preyious false alarms will be Fifty dollars ($50.00). Then Fifty dollars ($50.00) per
response thereafter. The .permit holder may file a request for hearing with the city
Director of Finance to dispute the service fee within ten (10) days of receipt of a
notification of service fee. The city acknowledges that newly installed alarm systems may
incur false alarms during installation and adjustment period, therefore false alarms made
or caused as a result of installation or adjustment during a period of 10 days form initial
installation or permit date, will not be charged against the permit holder as false alarms
for the purpose of service fees as set forth in this ordinance.
For purposes of calculating the service fees set out in this chapter an alarm system
shall mean and include all alarm systems operated under one permit.
A reinstated permit as provided for elsewhere in this chapter shall retain its
original issuance date for the purposes of the commencement of the "twelye-month
period" when assessing service fees under this chapter, and shall not have any excusable
false alarm responses ayailable in addition to those already used during that period for an
alarm system. Following the reinstatement, responses m~e prior to the date of
reyocation but not part of the basis for the reyocation shall be included in computations,
however, responses from the date of reyocation through the date of reinstatement shall be
chargeable, such charges must be paid before reinstatement becomes effectiye.
Reinstatement of the permit shall be the only means of restoration of the lawful use of the
alarm system hereunder after the permit has been reyoked, proyided however, that a new
permit must be applied for and i~sued before operation of the alarm system if the
ownership or possessor rights to the ~arm site haye changed since the most recent
Rpp1iC'.ation or amendment thereof.
Sec:. 30-45. Refusal to permit and revocation.
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1. The city may refuse to permit or revoke a permit for an ala.rri1 system for the following
reasons:
(a) The applicant or permit holder has failed to make payment in full to the city of
any service fees assessed pursuant to this chapter within sixty (60) days of the
date the city has made notification of service fees owed by way of the permit
holders water bill notice or other means.
(b) The alarm system of the applicant or permit holder has or is of the type that
has had a history of unreliability. For purposes of this chapter, an alarm system
shall be presumed to be unreliable if the applicant or permit holder accrues more
than ten (10) false alarms during a twelve month period, excluding any false
alarms which may have formed the basis for a prior revocation during th~t same
twelve month period. In the event a permit is issued or reinstated despite such
presumption of unreliability, revocation shall occur if the permit holder accrues
more than three (3) false alarms from the date of reinstatement.
(c) The city chief of police and or the city fire chief may establish additional
standards to determine reliability or unreliability of alarm systems as may be
needed.
.2. Procedure- refusal to permit or reyocation.
(a) There shall be no refusal, termination, revocation or failure to r~new a permit
for an alarm system except as set forth herein. The city shall give at least
thirty. days notice prior to reyoking, failing to renew or otherwise terminating
a permit during which time a request for a hearing may be made. . With
respect to an application for a permit which the city refuses to permit, the
applicant shall be giyen at least 30 days within which to request a hearing
regarding such determination by the city to refuse to permit. The notice of
refusal to permit or notice of revocation shall specify the reason therefore. If a
hearing is requested, the permit holder or applicant shall be advised as to the
date, time and place of such hearing. The hearing shall be before the. city
Director of Finance or designee. The permit holder or applicant may appear
in person or be represented by counsel, may present testimony and may cross-
examine all witnesses.
3. All hearings shall be conducted under rules consistent with the nature of the
proceedings, provided that the following rules shall apply to such hearings:
a. All parties shall haye the right to representation by a licensed attorney
although an attorney is not required;
b. Each party may present witnesses in their own behalf;
c. Each party has the right to cross-examine all witnesses;
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d. All the evidence presented before the hearing officer at such hearing
may be considered in a final report; and
e. The city Director of Finance or designee may adjust the amount of any
service fees owed upon a showing of good cause by the applicant or
permit holder.
4. If the permit holder or applicant fails to appear at the hearing at the date, time and
place. specified, the city shall present sufficient evidence to establish a prima. facie case
showing that grounds existed for the revocation or refusal to permit as proyided for in
this chapter. .
5. If the city Director of Finance or designee finds that no grounds exist for reinstatement
of the permit or issuance of the permit for the alarm system, he shall refuse to reinstate or
to issue such permit and shall give written notice to the permit holder or applicant of such
finding. Upon receipt of such notice the permit holder or applicant shall disconnect such
alarm system immediately and shall surrender his permit, if any, to the city.
6. If the city Director of Finance or designee fmds that there are insufficient grounds for
revoking or for denying issuance of a permit for an alarm system exist, he shall give
written notice of such finding to the permit holder or applicant.
7. Reinstatement
(a) A permit can be reinstated if the revoked permit holder has failed to request a
hearing within the specified time for filing an application for reinstatement, pays
the application fee which is . the same as that for a new permit application, and
shows:
1. That the cause of the chargeable false alarms has been corrected; and
2. The service fees assessed haye been paid.
(b) If a permit holder has had a permit revoked twice during the term of that
permit, that person must wait a period of one (1) year from the date of the second
reyocation or, if one has been requested, the date of the denial issued pursuant to a
reinstatement hearing before applying for a new permit of that alarm site.
(c) If a reinstated permit is denied pursuant to this section, a hearing may be
requested if received in writing within ten (10) working days of the date of notice
of denial.
See.. 30-46. Operation of central stations or answerin2 service
Any alarm systems business. which operates a central station, and any telephone
ariswering service shall:
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(a) Responding to alarm, Have sufficient personnel trained in the procedures to be
followed in receiying and relaying notice of the activation of any alarm system on
duty at all times to ensure that emergency messages or alarm signals received by
such business can be relayed immediately to the city. Notification to the city of
the actiyation of an alarm system shall include:
1. The street address of the alarm site, including the particular suite or
apartment number, if applicable;
2. The name of the permit holder and the permit number;
3. The type of alarm activated; and
4. The name(s) and local telephone number(s) of the person(s) to notify, if
so authorized by the permit holder.
(b) Notification. Notify the person in control of the property or his designee of
the activation of the alarm system within twenty-four (24) hours of the time the
alarm was activated not to include weekends and holidays, by telephone or by
placing written notice in the mail, addressed to the person in control of the
premises.
(c) .Records. Keep a written record of the date and time each notification of the
actiyation of an alarm system is received and the date, time, and method by which
the person in control of the property was notified. Such records shall be retained
for at least two (2) years and shall be made available for inspection by the city
during regular business hours.
(d) Periodic testing for correction of defects. Test or cause to be tested all
equipment used by the central station or telephone answering service to the
receipt of notifications of the activation of any alarm system and the equipment
used in relaying those notifications of the activation of any alarm system and the
equipment used in relaying those notifications to the city at least one (1) time in
every twelve-month period and, where a test result is unsatisfactory, correct of
cause to be corrected within a reasonable period time not to exceed seven (7) days
from the date of testing the cause of the unsatisfactory test result;
(e) Evidence of test results. Produce evidence of the results of tests conducted
pursuant to this section upon request of the city. The requirements of this section
shall be satisfied if such results are made available at the central station or
telephone answering service on the next regular business day after request is
made; and
(f) Providing service licensed businesses only. Not provide answering service for
any alarm system business. which is not licensed by the State of Texas. A
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violation under this subsection shall only be enforceable according to state law
and the remedies, policies and procedures provided for therein.
Sec. 30-47. Compliance with article 4413 (29bb)
All persons subject to the provision of the Priyate Investigators and Private
Security Agencies Act of the State of Texas article 4413 (29bb), Texas Civil Statutes
Annotated, are required to comply with all provisions of that act, as presently enacted and
may be subsequently amerided.
Sec. 30-48. Misdemeanor violation
Any person, who violates any provision of this Ordinance or causes, allows, or permits
another to violate any proy.ision of this ordinance shall ~e deemed guilty of a
misdemeanor and, upon conviction, shall be fined in. an amount not to exceed Fiye
Hundred Dollars ($500.00). Each day such violation shall be permitted to exist shall
constitute a separate offense. The owner, occupant, or resident of the premise or part
thereof where anything in violation of this Ordinance shall be placed or shall exist, or any
lessee, tenant, employee, agent, or corporation employed in connection therewith who
may haye assisted in the commission of such violation shall be guilty. of a separate
offense and, upon conviction shall be subject to the penalties stated above.
In the eyent any clause, phrase, proyision., sentence, or part of this ordinance or the
application of the same to any person or circumstance shall for any reason be adjudged
invalid .or held unconstitutional by a court of competent jurisdiction, it shall not affect,
impair, or invalidate this Ordinance as a whole or any part or provision hereof other than
the part declared to be inyalid or unconstitutional; and the City Council of the City of La
Porte, Texas, declares that it would have passed each and every part of the same
notwithstanding the omission of any such part thus declared to be invalid or
Unconstitutional, or whether there be one or more parts.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Requested By:
Source of Funds: NI A
Department: FiAaAce
Account Number: N/A
Report:
Resolution:
Ordinance: XX
Amount Budgeted:" N/A
Exhibits:
Ordinance #2003-98-2260-A
Amount Requested: ~/A.
Exhibits:
Draft of Letter to Franchisee
Budgeted Item: YES NO
Exhibits:
Sllrv~ Info, Charter Reference
SUMMAIty & RECOMMENDATION
The city currently has a Franchise Agreement with Texas Cable Partners, LP dba Time Warner
Communications for a 3% franchise fee to. operate a cable television system in the City of La Porte.
Section 6 of the City of La Porte Tele- Vue Cable Television Franchise Ordinance (#98-2260) provides for
an increase of up to 5% of Grantee's Gross Revenues with 120 days notice. We propose to dedicate these
- funds for technology improvements to Channel 16 and the Website. The attached survey informations
shows that the increase will bring the city in line with other communities.
For comparative purposes, in the currenffiscal year we are projecting $114,602 from this revenue source,
which would have been $190;503 had the 5% fee been in effect, amounting to $76,201 in additional
revenue.
Per Charter requirements, this will be the First Reading of this Amendment.
Action Required bv Council:
Grant authority to provide written notice of "increase from 3% to 5% for franchise fee to Time Warner
Communications.
Aooroved for City Council Ae:enda
9- /7 -D3
Date
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copy
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ORDINANCE NO. 2003-98-2260-A
AN ORDINANCE AMENDING ORDINANCE NO. 98 - 2 2 60, "AN ORDINANCE RENEWING
THE GRANT OF A NON-EXCLUSIVE FRANCHISE TO TEXAS CABLE PARTNERS,
L.P., SUCCESSOR TO TELE-VUE SYSTEMS, INC.", SECTION 6, "PAYMENT TO
THE CITY"; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. section 6, "PAYMENT TO THE CITY", subparagraph 1,
"Amount and Time", of City of La Porte Ordinance No. 98-2260, is
hereby amended and sh~ll hereafter. read a~ follows, to-wit:
".Section 6. PAYMBNT TO THB CITY.
1. Amount and Time. As compensation for the right,
privilege and fra.nchise herein conferred, .the Grantee shall
pay to the City each year during the term of this Franchise a
sum equal to five percent (5%) of the Grantee's Gross Revenues
for such year, or portion thereof.
Such franchise fee
payments shall be made quarterly on or before each May 30,
August 30, November 30, and February 28, for the most recently
ended quarter.
At the time .such payments are made, the
Grantee. .shall fil.e with the Director a f.inancial report
showing in detail the components of Gross Revenues of the
Grantee during the preceding quarter or portion thereof."
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 meeti.ng, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the publi~ as required
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bylaw at all times during .which this ordinance a~d the subject
matter thereof has been discussed, considered and formally acted
upon. The city council fur.ther ratifies, approves and confirms
such written notice and the contents and posting .thereof.
Section 3. This Ordinance shall be effective on F~bruary 1,
200~, and it is so ordered.
. PASSED AND APPROVED~'..thi~ day Of~. 2003.
CITY OF LA PORTE
By: ~~~'.
l{orma. L.. a ne
Mayor
ATTEST:
APPROVED:
~T..~-
Clark T. Askins. .
Assistant city Attorney
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TexaS Cable Partners, LP
Attn: General Manager
4201 FM 1960
Houston, TX 77060
Re: Amendment to Non-Exclusive Franchise to Texas Cable Partners, LP.
Dear General Manager:
Please be advised that on September 22, 2003, the City of La Porte, Tens, City Council passed an
ordinance amending its current Franchise Grant Agreement with Tele- Vue Systems, Inc., to provide for an
increase in the annual franchise fees payable to the City of La Porte, from 3% to 5% of Tele-Vue yearly
gross revenue. This adjustment was implemented pursuant to Section 6, subsection 1 of the Franchise Grant
Agreement, which provides that "the City reserves the right to increase the franchise fee up to 5% of
Grantee's Gross Revenues per year, upon providing Grantee 120 days prior written notice."
As such, this letter shall serve as 120 days prior written notice of the City of La Porte's decision to increase
the annual franchise fee, under the terms stated in the preceding paragraph. The effective date of the
ordinance, a certified copy of which is enclosed herewith, is February 1,2004.
Thank you for your kind consideration in this matter, and should you have any questions please do not
hesitate to contact me.
Sincerely,
By:
CA:sw
Enclosure
e CITY. OF LA PORTE e
C~TY SECRETARY'S OFFICE
INTEROFFICE MEMORANDUM
:~ "., o. ,; .
May 6, 2003
TO:
FROM:
Debra B. Feazelle, City Manager
~artha A. Gillett, TRMc"....fYUrl~
CIty Secretary \J
. SUBJECT:
Franchise Fees! Comniunications Cost
I surveyed other cities on franchise fee rates. The results are as follows:
La Porte - 3% (contract expiration .date 20-22-2008)
Webster- 5%
Deer Park - 5%
Missouri City - 5%
. The fr~chise payment for La Porte for the quarter ending December 31, 2002 waS as follows:
Gross Receipts $1,013,117.09
Franchise Fee Rate X 3..%
Tota14th Quarter Franchise Fee $30,393.51
X 5% would be $50,656.00
,Increase of $20,262.49 per quarter
X 4 quarters = 81,049.96
The City of Missouri. City created a Media Relations Division in 2002-03 FY budget. The amount
budgeted was $179,659. This included a media relations coordinator, a media relations specialist
and three part-time people. .
Let me know if you need additional informati~n regarding this matter.
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CHARTER
7.01
b. Ballots. Ballots used at recall elections shall conform to the following requirements:
1. With respect to each person whose removal is sought the question shall be ~ubmitted
"Shall (name of person) be rem9ved from the office of (name of office) by recall?"
2. Immediately below each such question there shall be printed the two (2) following
propositions, one above the other, in the order indicated:
. .
. "For the recall of (name of person)"
"Against the recall of (name of person)."
c. Results. If a majority of the votes cast at a recall election shall be against the recall of the
officer mimed on the ballot, he shall continue in office for the remainder of his unexpired term,
.subject to recall as before. If a majority of the votes at such an election be for the recall of'ihe
officer named on the ballot, he shall, regardless of any technical. defects in the recall petition,
be deemed removed from office and the vacancy shall be filled as in other vacancies. .
6.10. District judge may order election.
Should city council fail or refuse to order any of the elections as proVided for in this article,
when all the requirements for such election have been cOmplied with by the petitioning
electors in conformity with this article of the Charter, then it shall be the. duty of anyone of the
district judges of Harris County, Texas, upon proper application being made therefor, to order
such elections and to enforce th~ carrying into effect of .the provisions of this. article of the
Charter. .
ARTICLE VII. FRANCmSES AND PUBLIC UTILITIES.
7.01. Enfranchisement.
a; Power of council. City council shall have power by ordinance to grant, amend, renew and
extend illl: franchi!!les of all public utilities of every character operating within the city. All
ordinances granting, ~mh~ renewing or extending franchises for public utiiities .shall not
be finally passed until thirty (30) days after the first reading; and no such ordinance shall take
effect until sixty (60) days after its fin~ passage; and pending such time, the notice and caption
of such ordinance, noting the place where the full text may be examined by the public, shall be
published once each week for four (4) consecutive weeks in the official newspaper of the city,
and the expense of such publication [is] to be borne by the proponent of the franchise. No public
utility franchise shall be transferable except with the approval of council expressed by
ordinance.
b. Extensions. All extensions of public utilities within the city liInits shall become a part of
the aggregate property.ofthe public utilities, shall be operated as such, and shall be subject to
all the obligations and reserved rights contained in this Charter and in any original grant
.State law referencel!r-Franchises, Vernon's Ann. Civ. St. art. 1175; franchise to use
streets, "Y.T.CA, Transportation Code ~ 311.071 et seq.
CHT:27
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ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE, TEXAS 77572-1218
KNOX W. ASKINS
.JOHN D. ARMSTRONG
CLARK T. ASKINS
September 15, 2003
Hon. Mayor & City Council
City of La Porte
City Hall
La Porte, Texas
Re: Agenda Request for PPG Industries, Inc.
Right-of-Way
Gentlemen:
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
KWASKINStilAOL.COM
.JOHN-AtilswBELL.NET
CTASKINStilSWBELL.NET
Final agreement was reached with attorneys for PPG Industries, Inc.
on September 15, 2003, on the necessary documents for right-of-way
for Bay Area Boulevard, .and associated sanitary sewer and
waterline, and drainage easements, in exchange for certain street
. and. alley closures. by the City of La Porte. There is no cash
consideration on this transaction.
I request that the attached ordinance be placed on the City Council
agenda of September 22, 2003, for consideration and passage. Due
to the volume of the documents, the various deeds and easements may
be examined in the City Secretary's Office. Please call me if you
have any questions.
KWA: sw
Enclosure
ox W. Askins
City Attorney
City of La Porte
October 2003
Noyember 2003
January 2004
April 2004
May 2004
September 2005
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TENTATIVE
BAY AREA BLVD. TIMELINE
Open Bids for Trunk Sewer
Record Deeds for ROWand Easements
Award Bids for Trunk Sewer
Begin Construction of Trunk Sewer
Transmit Recorded Deeds to Harris County
Harris County Authorizes Pipeline Adjustment
Harris County Adyertise Bids for Roadway Construction
Pipeline Adjustments Complete
Trunk Sewer Complete
Harris County Award Bids for Roadway Construction
Begin Construction of Roadway
Construction Complete
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Due to the volume of this contract, a copy
is available fo~ your review in the City
Secretary's Office
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City of La Porte
E:-;/uhlislzed 1892
Memo
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To.: Mayor and City Council
From: Nick.Finan, Interim Planning Director
.nuu: Debra Feazelle, City Manager
CC: John Joems, Assistant City Manager.
Date= 9/1212003
.. Building Code Committee
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From the City Council Workshop of September 8. 2003, it was suggested that ~ put together an
. outline of a committee 'that could move forward a~d review the various options on the selection of a city
building construction related code: No changeS (keep current codes), C3 ~odes, ICC Codes, or a
hybrid of C3 and ICC. If Council decides to form such a committee and if expediency is important Staff
suggests creation of an ad hoc committee. The committee could have a core group of members who
are residents and represent the various trades so that once a selection is made, that core group could
continue as a Building Board of Adjustments and Appeals or a Building and Standards Board. The
committee as a whole could include non-residents who have expertise in the various codes and
construction industry to assist in the review and recommendation. This committee could initially focus
only on the selection of a building code(s) for the City and then assist on the creation of an ordinance,
by-laws, etc. to create a permanent Board~
Below is an outline of a sample comm~ composition followed by an outline of a schedule and
process for code selection.
The core group would be residents; comprised of the following trades and could ,continue to
serve as either a Board of Adjusbnents and Appeals or a Building and Standams Board. A
possible make up is: .
· Architect
· Master Electrician
· Master Plumber
· Licensed HV AC Contractor .
· General Contractor (commercial builder, homebuilder, etc.)
· Two (2) Lay Persons (at-large)
Additional committee members would not continue to serve and would not have to be
residents of La Porte, but they, .also, represent the various trades.
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Architect. . .
Master EI~cian ,:
Master Plumber .... . '.
General Contractor (colTlmer:cial builder, homebuilder, etc.)
Licensed HVACContractor
Structural Engineer.
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.
The above would provide two representatives of the five. main trades that deal with the cocIes, a
structural engineer, and. two lay ~rsons:(at-~rQe) for a total of a 13-member committee.
The most aggressive time schedule could. be as follows:
September 22: APpointment of ~Board
September 23: Notification of appointment to members
Week of Oct 6-10: '.' Host first-meeting, - .staff provide background, committee elects
chajrman; d~te~ines meeting dates and times (preferably at least
twice a month), outline program for researching, reviewing, and
reeommendingtp CitY Council a set of building cocIes for the City.
. December 8 (or earlier): Finalize review and re~rch' and make formal recommendation to
. . CitY Council.' If have not worked. simultaneous review of a type of
Board to Con~riue to Serve the City on building 'related. matters,
.' outline'. a.. program to review and research this .matter for a
recommendation. by the first meeting of City Council in February.
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This item will be posted for the September. 22, 2003, Council meeti.ng: Council can discuss and
.. establish a Board at that time or table to a fut\Jre date~ .
. Page 2
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OVERVIEW
The following tables represent three possible "code reyiew board or commission" options
for Council's consideration.
OPTION A OPTION B .
CONSTRUCTION BOARD OF
CODE REVIEW BOARD ADJUSTMENT AND
APPEALS*
Temporary board. (Functions like a Task Permanent board. (positions are created
Force or Ad Hoc Committee) and continually replaced or reappointed)
Timetable determines meeting schedule. Board meets monthly or as-needed.
Positions may include a citizen, Positions may include a citizen, engineer,
engineer, architect, plumbing, electrical; architect, plumbing, electrical, mechanical
mechanical & building professional. & building professional.
Only Function: Function:
Review code books of both groups. Review future amendments or code book
updates. * .
Function:
Board could hold public hearings, Hear requests for use of alternatiye
perform research with help of staff, building materials & their installation.
citizens, experts, etc.
Primary Function:
Forward recommendation to council. Hear requests for clarification of code
"interpret~tions. "
Primary Function:
Discuss findings with council. Hear requests where applicant feels code
provisions should not apply in a specific
case.
Once council selects the city's code Board could make recommendation on
book, board's responsibility is . appeals which is forwarded to council for
completed.. action or make decision on appeal & no
,. action is required by City Council.
Board is dfssolyed. Board is evergreen.
*This board could also be created prior to
the adoption of a new set of codes to review
the two groups' code books and recommend
to city council a particular code or outline
the differences and list pros and cons to
each.
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Code Review - Overview Con'1....
Page 2
OPTION C
BUILDING AND
STANDARDS COMMISSION.
Permanent board. ositions are created and are continuall
Board meets month! or as-needed.
Positions may include a citizen, engineer, architect, plumbing, electrical, mechanical &
buildin rofessional.
Function:
Review future amendments or code book updates. ·
Function:
Hear re uests for use of altematiye buildin materials & their installation.
Primary Function: .
Hear re uests for clarification of code "inte retations."
Primary Function:
Hear re uests where a ticant feels code rovisions should not a
Primary Function:
Hears code enforcement cases (Le. weeds, junk vehicles, building maintenance, debris,
dan erous buildin s -condemnations, substandard buildin s, etc. .
Board could make recommendation on cases & appeals which is forwarded to council for
action.
Board could make decision on the case or a eal & no action b council is re uired.
Board is evergreen.
*This board could also be created 'prior to the adoption of a new set of codes to review
the two groups' code books and recommend to city council a particular code or outline
the differences and list pros and cons to each.
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Option B
SAMPLE
CHAPTER 82
BUll.DINGS AND BunnING REGULATIONS
Article I. In General
CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS
Sec. 82-2 Appointment
There is hereby established a board to be called the Construction Board of Adjustment
and Appeals (CBOAA), which shall consist of seven (7) members and two (2) alternates.
The Board shall be appointed by the applicable governing body.
Sec. 82-3 Membership and Terms
Sec. 82-3.1 Membership. The CBOAA shall consist ofseyen (7) members. Such
members should be composed of indiyiduals with knowledge and experience in the
technical codes, such as design professionals, contractors or building industry
representatives. In addition to the regular .members, there should be two (2) alternate
members, one member at large from the building industry and one member at large from
the public. A board member shall not act in a case in which he has a personal or financial
interest.
Sec. 82-3.2 Terms. The terms of office of the board members shall be staggered so no
rnore than 1/3 of the board is appointed or replaced in any 12-month period. The two
alternates, if appointed, shall serve only one-year terms. Vacancies shall be filled for an
unexpired term in the manner in which original appointments are required to be made.
Continued absence of any member from required meetings of the board shall, at the
discretion of the applicable goyerning body, render any such member subject to
immediate removal from office.
Sec. 82-3.3 Quorum and Voting. A single majority of the board shall constitute a
quorum. In varying any proyision of these codes, the affirmative votes of the majority
present, but not less than three (3) atrrrmative votes, shall be required. In modifying a
decision of the code official, not less than four (4) affirmatiye yotes, but not less than a
majority of the board, shall be required. In the event that regular members are unable to
attend a meeting, the alternate members, if appointed, shall Yote.
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Construction Board of Adjustment and Appeals
Page 2
Sec. 82-3.4 Secretary of Board. The code official (when used in this context, it shall
mean the city's Chief Building Official or his/her designee), shall act as secretary of the
board and shall make a detailed record of all of its proceedings, which shall set forth the
reasons for its decision, the vote of each member, the absence of a member and any
failure of a member to vote.
Sec. 82-3.5 Powers. The CBOAA shall have the power, as further defined in Sec. 82-4,
to hear appeals of decisions and interpretations of the code official, or their designated
representatiye(s), to consider variances of the technical codes and to reyiew code books
for possible amendment and adoption.
Sec. 82-4 Appeals
Sec. 82-4.1 Decision of the Code Official. The owner ofa building, structure or service
system, or his duly authorized agent, may appeal a decision of the building official to the
CBOAA whenever anyone of the following conditions are claimed to exist:
1) The code official rejected or refused to approye the mode or manner of
construction proposed to be followed or materials to be used in the installation
or alternation of a building, structure or service system.
2) The provisions of these codes do not apply to this specific case.
3) . That an equally good or more desirable form of installation can be employed
in any specific case.
4) The true intent and meaning of this code or any of the regulations thereunder
haye been misconstrued or incorrectly interpreted.
Sec. 82-4.2 Variances. The CBOAA when so appealed to and after a hearing, may vary
the application of any provision"ofthese codes to any particular case when, in its opinion,
the enforcement thereof would do manifest injustice and would be contrary to the spirit
and purpose of this or the technical codes or public interest, and also finds all of the
following:
1) That special conditions and circumstances exist which are peculiar to the
building, structure or service system involyed and which are not applicable to
others.
2) That the special conditions and circumstances do not result from the action or
inaction of the applicant.
3) That granting the variance requested will not confer on the applicant any
special privilege that is denied by these codes to other buildings, structure or
service system.
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Construction Board of Adjustment and Appeals
Page 3
4) That the yariance granted isthe minimum yariance that will make possible the
reasonable use of the building, structure or service system.
S) That the grant of the variance will be in harmony with the general intent and
purpose of this code and will not be detrimental to the public health, safety
and general welfare.
Sec. 82-4.4 Conditions of the Variance. In granting the variance, the CBOAA may
prescribe a reasonable time limit within which the action for which the variance is .
required shall be commenced or compl~ted or both. In addition, the board may prescribe
appropriate conditions and safeguards in conformity with these codes. Violation of the
conditions of a variance shall be deemed a violation of these codes.
Sec. 82-4.5 Notice of Appeal. Notice of appeal shall be in writing and filed within thirty
(30) calendar days after the decision in rendered by the code official. Appeals shall be in
a form acceptable to the code official. .
Sec. 82-4.6 Unsafe or Dangerous Buildings or Service Systems. In the case ofa
building, structure or service system which, in the opinion of the code official, is unsafe,
unsanitary or dangerous, the code official may, in his/her order, limit the time for such
appeals to a shorter period.
. Sec. 82-5 Procedures of the Board
Sec. 82-5.1 Rules and Regulations. The CBOAA shall establish rules and regulations
for its own procedure not inconsistent with the provisions of these codes. The board shall
meet on call of the chairman. The board shall meet within thirty (30) calendar days after
notice of appeal has been receiyed.
Sec. 82-5.2 Decisions. The CBOAA shall, in eyery case, reach a decision without
unreasonable or unnecessary delay. Each decision of the board shall also include the
reasons for the decision. If a decision of the board reverses or modifies a refusal, order or
disallowance of the code official or yaries the application of any provision of these codes,
the code official shall immediately take action in accordance with such decision. Every
decision shall be promptly filed in writing in the office of the code official and shall be
open to public inspection. A certified copy of the decision shall be sent by mail or
otherwise to the appellant and a copy shall be kept publicly posted in the office of the
code official for two (2) weeks after filing. Eyery decision of the board shall be final,
subject however to such remedy as any aggrieyed party might have at law or in equity.
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Administrative Reports
Golf Tournamente
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2003 Honoree
Wednesday -
September 24, 2003
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Bay Forest GoH Course
201 Bay Forest Drive
La Porte, Texas
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In addition to supporting the Salute to Industry Week I
and the La Porte - Bayshore Chamber of COmmerce,
a portion of the proceeds from the tournament will go
toward support of the local Junior Golf program. The
Junior Golf program enables youngsters who are
interested in golf to participate in junior townaments,
receive scholarships, and have various equipment
costs subsidized.
Tournament Golf Course
Opened in 1988 and designed by Houston based
architect Jay Riviere, Bay Forest represents a
challenge to all players. Waterways meander through
the wooded front before mushrooming into lakes on
the "open" back nine. .Large receptive greens help
create a unique and fulfilling golfing experience at
Bay ForesL Come see why Bay Forest is the choice
of the golf aficionado. J . ",
Alex Osmond, a Class "A" P.G.A. Professional,
offers expert assistance, a fully equipped pro shop,
individual and group lessons, ~d a full-~etVice
practice range.
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Information
For additional information, contaci the La Porte -
Bayshore Chamber of Commerce at 281-471-1123.
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Chamber office at 281-471-1
For additional information. contact the
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Beach
Contributions of Door Prizes are welcome.
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To Downtown
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Tent sponsorships
are available for $400.
Hole Sponsorships are available for $
25 includes green fee.
and many other items
An mdividual
Other:
Tournament committee reserves .the right to regulate-
all entries: No refunds.
Rain Date:
.urnament will
Format of Play:
Four man Florida Scramble
Winners will be named in two flights.
scores and average scores.
using low gross
Breakfast
"La Porte Bucks" and other
prizes will be awarded
be
rescheduled.
Number of Players:
The field will be limited to 288 golfers
(144 golfers a.m. and 144 golfers p.m
TV / A V system
1999- Winner claimed a jet ski
2000- Winner claimed a big screen
Parking is limited.
We encourage you
to car pool.
1997 - Winner claimed a car
1997 - Winner claimed a golf cart
1998- Winner claimed a jet ski
Registration
7 a.m. for the 8 a.m. Shotgun tee-off.
II a.m. for the I p.m. Shotgun tee-off.
00.
To ToU Bridge
Take HWY 225 East to HWY 146 South. Go south on
HWY 146 to Fairmont Parkway. Turn left (East) on
Fairmont Parkway to La Porte. Go to Broadway and
turn Right (South). Golf course is approximately I mile
on the right. (201 Bay Forest Dr.) 281-471-4653.
Directions
An Awards Presentation w
will be served before the morning
Lunch will be served from II :30 a.m. until 12:30 p.m.
During lunch. there will be ribeye dinners served to
the morning golfers after their round. with a light lunch
served to the afternoon golfers. A ribeye dinner will
be served to the afternoon golfers that evening.
tee-off.
Hole- In One Prizes
To BavtnwolFred Hanman Bridge
follow both rounds.
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Company
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Phone #
GoJ fer
Fax#
Fax#
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TEAM
INFORMATION
p.m.
Indicate preference:
8a.m
$
Please print or type, detach and return with payment
to the La Porte - Bayshore Chamber of Commerce by
September 17, 2003
o Individual Playing Spot
o Foursome - $500
o Hole Sponsor - $100
Company Name _
o Tent Sponsor - $400
CompanyName _
o Door Prize Donation
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Golf Tournamen~
Wednesday
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September 24, 2003
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In addition to supporting the Salute to Industry Week
and the La Porte - Bayshore Chamber of Commerce,
a portion of the proceeds from the tournament will go
toward support of.the local Junior .Golf program. The
Junior Golf program enables youngsters who are
interested in golf to participate in junior tournaments,
receive scholarships, and have various equipment
costs subsidized.
Tournament Golf Course
Opened in 1988 and designed by Houston based
architect Jay Riviere, Bay Forest represents a
challenge to all players. Waterways meander through
the wooded front before mushrooming into lakes on
the "open" back nine. Large receptive greens help
create a unique and fulfilling golfing experience at
Bay ForesL Come see why Bay Forest is the choice
of the golf aficionado.
Alex Osmond, a Class "A" P.G.A. Professional,
offers expert assistance, a fully equipped pro shop~
individual and group lessons, and a full-service
practice range.
Information
For additional infonnation, contact the La Porte -
Bayshore Chamber of Commerce at 281-471-1123.
Bay Forest Golf Course
201 Bay Forest Drive
La Porte, Texas
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Please print or type. detach and return with payment
to the La Porte - Bayshore Chamber of Commerce by
September 17. 2003
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$
c:J Individual Playing Spot -
c:J Foursome - $500
c:J Hole Sponsor - $100
Company Name _
c:J Tent Sponsor - $400
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Indicate preference:
8 a.m. I p.m.
TEAM INFORMATION
Fax#
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Phone # _
Company
2. Golfer
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3. Golfer
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Other:
Tournament commi~tee reserves the right to regulate
all entries: No refunds.
An individual entry fee of $125 includes green fee,
golf cart, meals, beverages, and many other items.
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Hole Sponsorships are available for $1
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Hole-In One Prizes
1997-Winner claimed a car
1m-Winner claimed a golf cart
1998- Winner claimed a jet ski
1999- Winner claimed a jet ski
2000- Winner claimed a big screen
TV/AV system
"La .Porte Bucks" and other
prizes will be awarded
od and Celebration
Breakfast will be served before the morning tee~off.
Lunch will be served from II :30 a.m. until 12:30 p.m.
During lunch, there will be ribeye dinners served to
the morning golfers after their round, with a light lunch
served to the afternoon golfers. A ribeye dinner will
be served to the afternoon golfers that evening.
An Awards Presentation will follow both rounds.
Directions
Take HWY 225 East to HWY 146 South. Go south on
HWY 146 to Fainnont Parkway. Turn left (East) on
Fainnont Parkway to La Porte. Go to Broadway and
turn Right (South). Golf course is approximately I mile
on the right. (201 Bay Forest Dr.) 281-471-4653.
+ CO/) To ToU Bridcc To Blv\nWnlFn:d Hlnmln Bridle
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Registration:
7 a.m. for the 8 a.m. Shotgun tee-off.
II a.m. for the I p.m. Shotgun tee-off.
Parking is limited.
We encourage you to car pool.
Number of Players:
The field will be limited to 288 golfers.
(144 golfers a.m. and 144 golfers p.m.)
Rain Date:
Tournament
be rescheduled.
Format of Play:
Four man Florida Scramble
Winners will be named in two flights, using low gross
scores and average scores.
will
$400.
Contributions of Door Prizes are welcome.
Chamber office at 281
For additional information, contact the
Tent sponsorships are available for
-471-1123.
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You Are Cordial!>, Invited To Attend A
2003
SAlUTE-TO INDUSTRY DINNER
In Recognition of
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PPG Industries.
Thursday. September 25. 2.003
Sylvan Beach Pavilion.
Ca~h Bar 6:30 p.m. Dinner 7:30 p.m.
RSVP by September 18. 2003
Semi-formal Dress
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YOU ARE CORDIALLY INVITED TO ATTEND THE.
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WHEN: SEPTEMBER, 29, 2003
WHERE: LA PORTE RECREATION FITNESS CENTER
SENIOR CONGREGATE ROOM
. 1322 SOUTH BROADWAY
LA PORTE, TEXAS 77571 .
TIME: 6:30 P.M. - Social.
7:00 P.M. - Dinner.
7: 30 P.M. - Program
. for additional information contact the City Secretary's Office at
. .
281-471-5020 en 221 . .
R.S. ~P. - REGRETS ONLY
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Sunday, October"19, 200
6. p.m ... 9 p.m..
Sylvan Beach Pavilion
One Sylvan Beach pre (off Bayshore Dr.)
$6 in advance
Purchase by October 16 at the Parks & Recreation Office.
located at 1322 S~ Broadway
$8 at tJIe door
The 225 Big Band is an educational organization dedicated to the exploration of jazz - from classic swing
and big band to contemporary fusion. Since its inception in the spring of 2000, the band has performed
many engagements at several local civic events, community dances and school district functions, as well
as the Pasadena. Rodeo Festival and the Houston Uvestock Show and Rodeo.
Sf/4"''''1, de (!u., 01 -t., ~ 1''' & ~ 1)~
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:MEETING HANDouts
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September 19, 2003
City of La Porte
Established 1892
R~.
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SEP 1.9 2003..
CITY SEC. .
. OFF7cEJARY's
Mr. Bill Scott
1802 Lomax School Road .
La Porte, Texas 77571
Dear Mr. Scott:
This is a response to the issues'you presented to the City Council at the S~ptember 8, City
Council meeting..
A component in the process of applying for a Non~Confo~ing Use Permit is for the City
to send response surv.ey forms to residents that reside within 200 ft of the property in
question. The survey was deyeloped by the Planning Department a number of years ago
with approval from the Legal Dep~ment. The City did not deceive the residents with
the survey sent in connection with the feedlot. This survey has been an effective tool.
Citizens are generally appreciatiye. that they are able to voice their opinion of projects.
being proposed in their area. All citizens who receive this survey, including the one you
stated was misled by thoughts of the feedlot being for six cattle, has the opportunity to
attend the meetings relating to the project or, contact the City with questions.
The City has not abused the syste~. I regret you feel the City is .corrupt and dece~tfu1.
The City follows the pr<?cedures and guidelines established for applications made for
Non-Conforming Use Permits. ..
I hope I .haye addressed your concerns. Weare making eyery attempt possible t9 respond
to your inquiries.
R4ep tfumy, IJ~. ~,:"
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D ra BroOKS Feazel e, Cit~at.lager
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DBF:cns . .. '. .: . . it. .. /
c; . Mayor and City Council ~ (l~: .
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604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020