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Home My WebLink About2004-11-08 Regular Meeting, Public Hearing and Workshop Meeting ------- < CONSENT AGENDA A MINUTES UF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL November 8, 2004 1. CALL TO ORDER The meeting was called to order by Mayor Alton Porter at 6:05 p.m. Members of City Council Present: Councilmembers Chuck Engelken, Tommy Moser, Louis Rigby, Barry Beasley, Peter Griffiths, Mike Clausen, Howard Ebow, Mike Mosteit and Mayor Alton Porter Members of Council Absent: None Members ofCitv Executive Staff and City Emplovees Present: City Manager Debra Feazelle, Assistant City Manager John Joerns, Assistant City Manager Cynthia Alexander, Assistant City Attorney Clark Askins, Assistant City Secretary Sharon Harris, Public Works Director Steve Gillett, City Secretary Martha Gillett, Main Street Coordinator Debra Dye, Supervising Engineer Robert Cummings, Assistant EMS Chief Lisa Camp, Assistant Finance Director Michael Dolby, Interim Planning Director Wayne Sabo, Assistant Parks Director James Eastep, Assistant Fire Chief John Dunham, Parks and Recreation Director Stephen Barr, Purchasing Manager Susan Kelley, Building Official Debbie Wilmore, Engineer Specialist Isaac Rodriguez and CID Sergeant Tammy McBeath Others Present: Sue Gale Mock Kooken, Barbara Norwine, Reverend Mary Currie, Dottie Kaminski, Melvin Walker, Dr. Willard Jones, Ashley Gaspero, Laura Flores, Ryan Vest, Katie Howse, Aaron Fininis, Patti Blanco, Abbi Stephenson, Matthew McQueeney, Jacob Moore, Ann Hayes, Alana Cheny, Bobby Grisham, Pam Vick, Robby Angell, Charlie Young, Nick Barrera, Bridgett Barerra, Bill Manning, Bea Svambera, Gilbert Montemayor, Sib Carpenter, Pat Muston, Betty Waters, Leon Waters and other citizens and students 2. Reverend Marie Currie ofS1. James Presbyterian Church delivered the invocation. 3. Mayor Alton Porter led the Pledge of Allegiance. 4. Mayor Porter presented Betty Waters with a proclamation in honor of her many years of service with the City and the Planning and Zoning Commission. Mayor Porter presented Jim Hodges with a proclamation in honor of the "Vietnam Moving Wall" display being held at Sylvan Beach. Mayor Porter presented "America's Last Patrol Ranch, Inc." with a Letter of Appreciation for their organization presenting the "Vietnam Moving Wall". Mayor Porter recognized Police Officers for their work in resolving a difficult case and obtaining a conviction. 5. CONSENT AGENDA A. Council to consider approval of the Minutes of the Special Called Workshop Meeting held on October 18,2004 and the Regular Meeting and Workshop Meeting held on October 25,2004. City Council Regular Meeting, Public Hearing and Workshop Meeting - November 8,2004 - Page 2 B. Council to consider awarding bid for annual Tire Contract in the amount of $33,708.12. C. Council to consider awarding Bid #04037, TV, Cleaning and Removal of Roots in Sanitary Sewer Lines in the amount of $47,225. D. Council to consider awarding purchase ofa Gradall Excavator in the amount of$189,675.76. Item D was pulled from the agenda. E. Council to consider approval of a new ordinance to repeal the passage of Ordinances 2004- 2737 and 2004-2719 through 2004-2727. F. Council to consider awarding bid for Global Positioning System (GPS) and Robotic Total Station (RTS) Survey Equipment to Surveyor's Instrument Company. Councilmember Rigby requested this item be pulled for discussion. Mr. Sabo answered Council's questions. G. Council to consider approval or other action on the attached agreement which authorizes the City Manager to enter into a Water Service Agreement for water service to 9515 Spencer Highway, Deer Park, Texas. H. Council to consider approval of an ordinance authorizing the City Manager to execute a Water Service Agreement with Revak Turbo Machinery Services. Motion was made by Councilmember Rigby to approve the Consent Agenda, except for Item D, as presented. Second by Councilmember Engelken. Ayes: Beasley, Engelken, Moser, Mosteit, Rigby, Clausen, Porter, Ebow and Griffiths Nays: None Abstain: None ADDENDUM ITEM Council to consider approval or other action regarding an ordinance vacating, abandoning and closing the alley in Block 1104, Town of La Porte, Harris County, Texas (Ordinance 2004-2794). Interim Planning Director Wayne Sabo presented summary and recommendation and answered Council's questions. This item was originally placed on the October 25, 2004 Agenda; however, it was tabled with no action. At this time we are returning to Council to ask for direction or other issues concerning the wording of the ordinance, appointment of Board Members for the Building Code Appeals Board, created by existing Ordinance #04-2733 and/or direction regarding possible changes to Section 3 of the existing ordinance. The members of this Board are required to be a resident or operate a business within the community. Council suggested having staggering terms on the Board. Councilmember Chuck Engelken suggested having training. There will be an at-large selection for members. This item will be brought back at the December 13, 2004 City Council Meeting. Assistant City Attorney Clark Askins read: ORDINANCE 2004-2794 - AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY IN BLOCK 1104, TOWN OF LA City Council Regular Meeting, Public Hearing and Workshop Meeting - November 8,2004 - Page 3 PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Engelken to approve the Addendum as presented. Second by Councilmember Griffiths. Ayes: Beasley, Engelken, Moser, Mosteit, Rigby, Clausen, Porter, Ebow and Griffiths Nays: None Abstain: None 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA Melvin Walker of2219 Underwood Road, La Porte, Texas, spoke of his concerns with the City Attorney and zoning issues. Bill Scott was not present to speak. 7. Open Public Hearing - Mayor Porter opened the Public Hearing at 6:38 p.m. Review by Staff - Interim Planning Director Wayne Sabo provided an overview of an ordinance for 11.416 acres ofland located at 101 E. Barbour's Cut Boulevard to be rezoned from LI and HI to PUD for future expansion of the facility. Interim Planning Director Wayne Sabo presented summary and recommendation and answered Council's questions. Public Input - There were no citizens wishing to provide public input. Recommendation of Staff - Unanimously, The Planning and Zoning Commission recommended taking action on an ordinance for 11.416 acres ofland located at 101 E. Barbour's Cut Boulevard to be rezoned from LI and HI to PUD for future expansion of the facility. The Public Hearing was closed at 6:45 p.m. 8. Council to consider approval or other action regarding Ordinance 1501-CCCC and #R04-009. Interim Planning Director Wayne Sabo presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 1501-CCCC and #R04-009 - AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION FROM LIGHT INDUSTRIAL AND HEA VY INDUSTRIAL TO PLANNED UNIT DEVELOPMENT AS REQUESTED FOR THE PROPERTY LOCATED AT 101 E. BARBOUR'S CUT BOULEVARD HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Ebow to approve Ordinance 1501-CCCC and #R04-009 as presented by Mr. Sabo. Second by Councilmember Moser. The motion carried. City Council Regular Meeting, Public Hearing and Workshop Meeting - November 8, 2004 - Page 4 Ayes: Ebow, Griffiths, Engelken, Young, Beasley, Clausen, Rigby, Moser and Porter Nays: None Abstain: None 9. This item was tabled until after Item Number 10, the Workshop Meeting is presented. 10. The Regular Meeting was closed and the Workshop Meeting opened at 7:46 p.m. A. Council to provide guidance on possible revisions to the ordinance and/or appointments of members to the Building Codes Appeal Board. This item was asked to be brought back to Council. Mayor Porter asked Councilmember Moser if he would comment on this item. The origin of the Board is to help give the citizens and contractors a Board they can go to with any discrepancies with the inspectors, and to bring into effect products and materials to better benefit our contractors and citizens, and keep the codes current. The other issue was to determine qualifications to be a member of the Board; one of those was being a resident or having a business within the Community. There are many considerations on how to put this Board together, basically looking for a jury of peers. The appeals process was questioned. The ordinance will be brought forward with specific changes, as noted. The Board would consist of seven residents or local business owners and address the staggered terms. B. Council to provide direction to staff on the future adoption of updated front foot fees for commercial and residential development. Council requested Supervising Engineer Robert Cummings to provide a survey of other cities development. This item will be brought back at a future City Council Meeting. c. Council to provide direction regarding development of a "Tree City USA Ordinance" to meet the requirements and needs for the City of La Porte. This Ordinance will be reviewed by the City Attorney and the Planning and Zoning Commission. The "Keep La Porte Beautiful Resolution" is complete. Participation in the "Tree City, USA" program will start out with City staff. At first, "Keep the Trees Beautiful" program will use staff for the board. Councilmember Peter Griffiths suggested Planning and Zoning review the programs before bringing back to Council at the December 13, 2004 City Council Meeting. D. Council to consider a course of action and give staff direction regarding further investigation of a joint venture between the cities for a Youth Sports Complex and for a connecting north- south roadway between Genoa-Red Bluff Road in Pasadena, and Canada Road (East Boulevard) in La Porte. Council's consensus is to keep moving forward. E. Main Street Coordinator Debra Dye updated Council on the status of the Downtown Revitalization program. Ms. Dye will be looking at Committees, Boards and projects to make recommendations to Council. Some of the new items for the program are the "Texas First Lady's Tour"; and a Resource Team needs to be formed for a Texas Historical Commission Review. F. Council to provide direction to staff on potential additional funding from TxDOT for improvements at the La Porte Municipal Airport. Council consensus is to move forward. 11. The Workshop Meeting was closed at 8:22 p.m. City Council Regular Meeting, Public Hearing and Workshop Meeting - November S, 2UU4 - Page 5 9. This item will be tabled until the December 13,2004 Council Meeting. Council to consider approving an ordinance appointing positions to fill the remaining vacancies on Boards and Commissions. Assistant City Attorney Clark Askins read: ORDINANCE 2004-2782-A - AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEM MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Ebow to table Item 9 until the December 13. 2004 City Council Meeting. Second by Councilmember Griffiths. The motion carried. Ayes: Ebow, Griffiths, Engelken, Young, Beasley, Clausen, Rigby, Moser and Porter Nays: None Abstain: None 12. Administrative Reports City Manager Debra Feazelle reminded Council and Staff of the Bay Area Houston Economic Partnership Panel Discussion with Senator Mike Jackson on Wednesday, November 10,2004, at Space Center Houston at Silver Moon Cafe from 4:00 p.m. until 5:30 p.m.; TML Booth/Resolutions; Veteran's Day Ceremony on Thursday, November 11,2004 at La Porte High School Stadium at 9:10 a.m.; Kaneka's 20 Year Celebration/Grant; Christmas on Main Street on Thursday, December 9, 2004 from 5:30 p.m. until 8:30 p.m.; and the Holiday Celebration on Friday, December 10, 2004 at Sylvan Beach Pavilion from 6:00 p.m. until 10:00 p.m. 13. Council Comments Ebow, Griffiths, Engelken, Young, Beasley, Clausen, Rigby, Moser and Porter had comments. 14. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS) 551.071 - (Legal Matter) - Discuss Legal Matter with City Attorney and City Manager. 551.073 - (Prospective Gift or Donation) - Meet with City Attorney and City Manager to discuss prospective gift or donation to the City. 551.072 - (Land Acquisition) - Meet with City Manager and City Attorney for the purpose of deliberating the purchase, exchange, lease of value of real property Council retired to Executive Session at 8:45 p.m. and the Regular Meeting reconvened at 8:08 p.m. City Council Regular Meeting, Public Hearing and Workshop Meeting - November 8, 2004 - Page 6 15. CONSIDERATIONS AND POSSIBLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There was no action taken during Executive Session. 16. There being no further business to come before Council, the Regular Meeting was duly adjourned at 10:10 p.m. Respectfully submitted, . '-ftl;1;ttI;tL~ Martha Gillett, TRMC City Secretary Passed and approved on this 13th day of December 2004 Qlt>>.- iY~ Mayor Alton E. Porter o REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Source of Funds: General Fund Account Number: 00160655153001 Report: XX Resolution: Ordinance: Amount Budgeted: $200 Interlocal Agreement Amount Requested: $200 Exhibits: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION BuyBoard is a Texas Local Government Purchasing Cooperative that provides public agencies the opportunity to comply with state bidding requirements, by utilizing their bidding process. City staff has identified various capital items on the BuyBoard that are not available from H-GAC. Such an item is a Sutphen Aerial Fire Truck budgeted to be purchased this fiscal year. The BuyBoard complies with state regulations when bidding the base product and provides multiple options, allowing the best "fit" for each entity according to their needs. Once the exact specifications for the truck are determined, the dollar amount and request for procurement will be presented to Council at a later meeting. An interlocal agreement with BuyBoard is requested for the procurement of the aerial truck and other capital items that are most economically purchased through this method. The annual membership fee is $200 and covers from September through August. There are no other fees in association with purchases. Staff Recommendation: Approve Interlocal Agreement with BuyBoard for an annual fee of $200.00.. Action Required by Council: Approve Interlocal Agreement with BuyBoard. Ii IJ--oj-04 Date INTERLOCAL PARTICIPATION AGREEMENT for the Texas Local Government Purchasing Cooperative This Interlocal Participation Agreement ("Agreement") is made and entered into by and between the Texas Local Government Purchasing Cooperative ("Cooperative"), an administrative agency of cooperating local governments, acting on its own behalf and the behalf of all participating local governments, and the undersigned local government of the State of Texas ("Cooperative Member"). The purpose of this Agreement is to facilitate compliance with state bidding requirements, to identify qualified vendors of commodities, goods and services, to relieve the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings, for Cooperative Members. WITNESSETH: WHEREAS, the Cooperative Members are authorized by Chapter 791, et seq., The Interlocal Cooperation Act of the Government Code ("the Act"), to agree with other local governments to form purchasing cooperatives; and WHEREAS, the Cooperative is an administrative agency of local governments cooperating in the discharge of their governmental functions; and WHEREAS, the Cooperative Member does hereby adopt the Organizationallnterlocal Agreement, together with such amendments as may be made in the future, reflecting the evolving mission of the Cooperative and further agrees to become an additional party to that certain Organizational Interlocal Agreement promulgated on the 26th day of January, 1998. NOW BE IT RESOLVED that the undersigned Cooperative Member in consideration of the agreement of the Cooperative and the Cooperative Members to provide services as detailed herein does agree to the following terms, conditions, and general provisions. In return for the payment of the contributions and subject to all terms of this Agreement, the parties agree as follows: TERMS AND CONDITIONS 1. Adopt Organizational Interlocal Cooperation Agreement. The Cooperative Member by the adoption and execution of this Agreement hereby adopts and approves the Organizational Interlocal Agreement dated January 26, 1998, together with such amendments as may be made in the future and further agrees to become a Cooperative Member. 2. Term. The initial term of this Agreement shall commence at 12:01 a.m. on the date executed and signed and shall automatically renew for successive one-year terms unless sooner terminated in accordance with the provisions of this Agreement. The terms, conditions, and general provisions set forth below shall apply to the initial term and all renewals. 3. Termination a. By the Cooperative Member. This Agreement may be terminated by the Cooperative Member at any time by thirty (30) days prior written notice to the Cooperative; provided all charges owed to the Cooperative and any vendor have been fully paid. b. By the Cooperative. The Cooperative may terminate this Agreement by 1. Giving ten (10) days notice by certified mail to the Cooperative Member if the Cooperative Member fails or refuses to make the payments or contributions as herein provided; or 2. Giving thirty (30) days notice by certified mail to the Cooperative Member. c. Termination Procedure. If the Cooperative Member terminates its participation during the term of this Agreement or breaches this Agreement, or if the Cooperative terminates participation of the Cooperative Member under any provision of this Article, the Cooperative Member shall bear the full financial responsibility for any purchases occurring after the termination date, and for any unpaid charges accrued during its term of membership in the Cooperative. The Cooperative may seek the whole amount due, if any, from the terminated Cooperative Member. The Cooperative Member will not be entitled to a refund of membership dues paid. 4. Payments. a. The Cooperative Member agrees to pay membership fees based on a plan developed by the Cooperative. Membership fees are payable by Cooperative Member upon receipt of an invoice from the Cooperative, Cooperative Contractor or vendor. A late charge amounting to the maximum interest allowed by law, but not less than the rate of interest under Section 2251.021, et seq., Texas Government Code, shall begin to accrue daily on the 31 st day following the due date and continue to accrue until the contribution and late charges are paid in full. The Cooperative reserves the right to collect all funds that are due to the Cooperative in the event of termination by Cooperative Member or breach of this Agreement by Cooperative Member. b. The Cooperative Member will make timely payments to the vendor for the goods, materials and services received in accordance with the terms and conditions of the Invitation to Bid and related procurement documents. Payment for goods, materials and services and inspections and acceptance of goods, materials and services ordered by the procuring party shall be the exclusive obligation of the procuring Cooperative Member. 5. Cooperative Reporting. The Cooperative will provide periodic activity reports to the Cooperative Member. These reports may be modified from time to time as deemed appropriate by the Cooperative. 6. Administration. Cooperative Member will use the BuyBoard purchasing application in accordance with instruction from the Cooperative; discontinue use upon termination of participation; maintain confidentiality and prevent unauthorized use; maintain equipment, software and testing to operate the system at its own expense; report all purchase orders generated to Cooperative or its designee in accordance with instructions of the Cooperative; and make a final accounting to Cooperative upon termination of membership. 7. Amendments. The Board may amend this agreement, provided that notice is sent to each participant at least 60 days prior to the effective date of any change described in such amendment which, in the opinion of the Board, will have a material effect on the Cooperative Members participation in the Cooperative. . GENERAL PROVISIONS 1. Authorization to Participate. Each Cooperative Member represents and warrants that its governing body has duly authorized its participation in the Cooperative. 2. Bylaws. The Cooperative Member agrees to abide by the Bylaws of the Cooperative, as they may be amended, and any and all reasonable policies and procedures established by the Cooperative. 3. Compensation. The parties agree that the payments under this Agreement and all related exhibits and documents are amounts that fairly compensate the Cooperative for the services or functions performed under the Agreement, and that the portion of gross sales paid by participating vendors enables the Cooperative to pay the necessary licensing fees, marketing costs, and related expenses required to operate a statewide system of electronic commerce for the local governments of Texas. 4. Cooperation and Access. The Cooperative Member agrees that it will cooperate in compliance with any reasonable requests for information and/or records made by the Cooperative. The Cooperative reserves the right to audit the relevant records of any Cooperative Member. Any breach of this Article shall be considered material and shall make the Agreement subject to termination on ten (10) days written notice to the Cooperative Member. 5. Coordinator. The Cooperative Member agrees to appoint a program coordinator who shall have express authority to represent and bind the Cooperative Member, and the Cooperative will not be required to contact any other individual regarding program matters. Any notice to or any agreements with the coordinator shall be binding upon the Cooperative Member. The Cooperative Member reserves the right to change the coordinator as needed by giving written notice to the Cooperative. Such notice is not effective until actually received by the Cooperative. 6. Current Revenue. The Cooperative Member hereby warrants that all payments, contributions, fees, and disbursements required of it hereunder shall be made from current revenues budgeted and available to the Cooperative Member. 7. Defense and Prosecution of Claims. The Cooperative Member authorizes the Cooperative to regulate the commencement, defense, intervention, or participation in a judicial, administrative, or other governmental proceeding or in an arbitration, mediation, or any other form of alternative dispute resolution, or other appearances of the Cooperative and/or any past or current Cooperative Member in any litigation, claim or dispute, and to engage counsel and appropriate experts, in the Cooperative's sole discretion, with respect to such litigation, claim or disputes. The Cooperative Member does hereby agree that any suit brought against the Cooperative or a Cooperative Member may be defended in the name of the Cooperative or the Member by the counsel selected by the Cooperative, in its sole discretion, or its designee, on behalf of and at the expense of the Cooperative as necessary for the prosecution or defense of any litigation. Full cooperation by the Cooperative Member shall be extended to supply any information needed or helpful in such prosecution or defense. Subject to specific revocation, the Cooperative Member hereby designates the Cooperative to act as a class representative on its behalf in matters arising out of this Agreement. 8. Governance. The Board of Trustees (Board) will govern the Cooperative in accordance with the Bylaws. Travis County, Texas will be the location for filing any dispute, claim or lawsuit. 9. Limitations of Liability. COOPERATIVE, ITS ENDORSERS (TEXAS ASSOCIATION OF SCHOOL BOARDS, TEXAS ASSOCIATION OF COUNTIES, AND TEXAS MUNICIPAL LEAGUE) AND SERVICING CONTRACTOR (TEXAS ASSOCIATION OF SCHOOL BOARDS) DO NOT WARRANT THAT THE OPERATION OR USE OF COOPERATIVE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. COOPERATIVE, ITS ENDORSERS AND SERVICING CONTRACTORS, HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT OR SERVICE FURNISHED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES AGREE THAT IN REGARD TO ANY AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER UNDER ANY CIRCUMSTANCES FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10. Merger. This Interlocal Participation Agreement, Terms and Conditions, and General Provisions, together with the Bylaws, Organizational Interlocal Agreement, and Exhibits, represents the complete understanding of the Cooperative, and Cooperative Member electing to participate in the Cooperative. 11. Notice. Any written notice to the Cooperative shall be made by first class mail, postage prepaid, and delivered to the Associate Executive Director Financial Planning, Texas Association of School Boards, Inc., P.O. Box 400, Austin, Texas 78767-0400. 12. Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and venue shall lie in Travis County, Texas. 13. Warranty. By the execution and delivery of this Agreement, the undersigned individuals warrant that they have been duly authorized by all requisite administrative action required to enter into and perform the terms of this Agreement. IN WITNESS WHEREOF, the parties, acting through their duly authorized representatives, sign this Agreement as of the date indicated. TO BE COMPLETED BY THE COOPERATIVE: TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE, as acting on behalf of all other Cooperative Members By: Date: Gerald Brashears, Cooperative Administrator TO BE COMPLETED BY COOPERATIVE MEMBER: City of La Porte (Name of Local Government) Date: /o/~y By: Ma- Signature of authorized representativ Susan Kelley. Purchasing ManaQer Printed name and title of authorized representative Coordinator for the Cooperative Member is: Susan Kelley Name 604 W. Fairmont Parkway Street Address La Porte City Texas, 77521 (zip) 281-470-5126 Telephone 281-471-0578 Fax susan@laportetx.gov E-mail f ----------------. ----- ------------- Requested By REQUEST F COUNCIL AGENDA ITEM Agenda Date Requested: December 13 Appropriation Source of Funds: Department: Account Number: Report: Resolution: X Ordinance: Amount Budgeted: N/A Exhibits: Resolution Amount Requested: ~ I" Exhibits: Or2anizational Structure Budgeted Item: YES NO X Exhibits SUMMARY & RECOMMENDATION The last requirement for the Keep Texas Beautiful program requires the La Porte City Council to adopt a resolution supporting the participation in Keep Texas Beautiful, Inc. organization. Establish the Keep La Porte Beautiful Committee to represent the city in future programs and beautification projects. This resolution supports the City's desire to improve the physical quality of community life. Grants will be applied for and will help increase the communities involvement to control litter, waste and enhance beautification of La Porte. Action Reauired bv Council: Staff is recommending that Council adopt and endorse the resolution accepting Keep Texas Beautiful, Inc. program. We also recommend the endorsement of city staff for the Keep La Porte Beautiful organizational structure. Approved for City Council Al!enda ~Aiab~ / J - J ~U{ RESOLUTION ~oO 4.:(:2... **** A RESOLUTION SUPPORTING THE KEEP TEXAS BEAUTIFUL, INC. ORGINAZATION IN LA PORTE AND ESTABLISHING A KEEP LAPORTE BEAUTIFUL COMMITTEE. WHEREAS,THE City of La Porte desires to improve the physical quality of community life; and, WHEREAS, a clean environment contributes to the emotional, physical and economic well-being of our citizens; and, WHEREAS, the Affiliate program, developed by Keep Texas Beautiful, Inc. will assist greatly in reducing the improper handling of waste, and thereby reduce litter and increase solid waste management activities: NOW, THEREFORE, BE IT RESOLVED BY the City of La Porte that the governing body hereby endorses the organization, and supports the participation with Keep Texas Beautiful, Inc., and FURTHER, THE City of La Porte hereby recognizes the Keep La Port Beautiful Committee. Said committee shall be an official committee and shall be accountable to the City Manager. The members and chairman of the Keep La Porte Beautiful Committee shall be appointed by the City Manager. This resolution shall be in full force and effect from and after its adoption. PASSED AND APPROVED, by the CITY COUNCIL, on this, the 13th. day of December 2004. ATTEST: \f!J!:t1fi~ ;4J1iJ City S cretary O;;::~. ~ Mayor, City of La Porte Keep La Porte BeautiluJ Organizational Structure: Basic start up will be with the City of La Porte's departmental staffing to get the program implemented for the city. This will be a one year term volunteer program and additional staff will be coordinated to fit future needs and development of the city's beautification requirements. . James Eastep Coordinator Parks and Recreation Department . Masood Malik Staff Engineering/Planning Department . Phil Webb Staff Public Works Department . Debra Dye Staff Administration . Lt. Carl Crisp Staff Police Department . J an Beard Staff Parks and Recreation Department City of La Porte 604 Fairmont Parkway La Porte, Texas 77571 Ph. 281-471-5020 Fax 281-470-1361 G REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: November 29. 2004 Appropriation Requested By: Ray Nolen Source of Funds: N/A Department: EMS Account Number: Amount Budgeted: Report: Resolution: Ordinance: x Amount Requested: Copy of Contract Exhibits: Budgeted Item: YES NO Exhibits: Exhibits: SUMMARY & RECOMMENDATION The City has negotiated a new contract with the Port of Houston Authority for Emergency Medical Service at the Barbour's Cut Terminal for a period of one year, in the amount of $2,333.00 monthly. Attached is an ordinance authorizing the City Manager to execute a contract effective October 1, 2004 with the Port of Houston Authority for Emergency Medical Service at the Barbour's Cut Terminal. The previous 2003-04 contract expired on September 30, 2004 and a month-to-month agreement was negotiated by staff pending a new contract negotiation. 2003-04 Contract was based on a POH/BCT population of2,286 employees - Total annually $38,856.00 2004-05 Contract is based on a POHlBCT population of 1,640 employees - Total annually $28,000.00 The Port of Houston Authority will vote on December 13,2004 to approve this new 2004-05 contract. Recommend that council approve the City Manager to execute the new original contract upon its submittal by POH. Action Required bv Council: Approve an Ordinance authorizing the City Manager to execute a contract with the Port of Houston Authority for the City of La Porte EMS Division. Approved for City Council Al!enda ~i~ /:l -f:!-Ocf Date ORDINANCE NO. 2004-~1q~ AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS, FOR EMERGENCY MEDICAL SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council of the City of La Porte officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. ,/ ORDINANCE NO. 2004-~:J PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 13th day of December, 2004 CITY OF LA PORTE ~LX~ By: Alton E. Porter, Mayor ATTEST: ~ ())ii~CI Afl/ttI Mar ha A. Gillett, City Secretary APPROVED: /1 ~~a/ u:;;;;~ Knox W. Askins, City Attorney 2 89759 PAGE ))RDER DATE 1 01/18/05 PURCHASE ORDER PORT OF HOUSTON AUTHORITY P.o. BOX 2562 HOUSTON, TEXAS 77252 PHONE (713) 670-2460 MUST BE SHOWN ON ALL IN. VOICES OR INVOICES WILL BE RETURNED TO VENDOR CITY OF LA PORTE Attn.: Accounting Division 604 West Fainnont Parkway LA PORTE TX 77571 SHIP TO /,:"",,/] {'Ii/! ... .. 120ar' q Ce'l}~ '.J lra/~ eCOfdJ " fr;'"; ;~~ ." . ~ '. ~ '. , ~ , '-';;;: '"" rc::, ~i c '_~ CI~~~E~;E~~'S ~OS- OFFICE BARB OURS CUT TERMINAL 1819 EAST BARBOURS CUT BLVD MORGANS POINT TX 77571 prepaid PURCHASE ORDER NUMBER FREIGHT 1858 TO BUYER DESCRIPTION CURTIS ROSE 713 670-2460 UNIT PRICE I ATTN: ITEM I YVETTE BAMl>l 281 471.5020 247 QUANTITY ~I TOTAL +--------------------------------------------------------------+ Deliver on January 19, 2005 unless specified by line I Invoice by mail I BOARD MINUTE ~ 2004-1213-36 I PEA FILE # 1985-0019 1 ! I 1 I 1 I I I I I I I LAPORTE AGREES TO FURNISB. TO THE PORT, TEE EMERGENCY MEDICAL 1 SERVICES AGREED UPON PER AUTB.C1RIZED AGREEMENT. THESE I SERVICES INCLUDE EMERGENCY MEDICAL SERVICES @ PORT'S I BARBOURS CUT TERMINAL, TRANSPORTATAION OF PATIENTS TO THE I NEAREST HOSPITALS THAT PROVIDE EMERGENCY SERVICES DEFINED BY I TEE TRANSPORT POLICY OF LAPORTE. LAPORTE SHALL BE PERMITTED ! TO CBAF.GE EACH PATIENT ITS MOST CURRENT AND CUSTOMARY I I EMERGENCY MEDICALSERVICE CHARGES AS ADOPTED BY CITY COl..mCIL. I +--------------------------------------------------------------+ TEE COMMISSION AUTHORIZED THIS AGF.EEMENT. TEE AGREEMENT SHALL BEGIN J7.rINUARY 1, 2005 AND END ON DECEMBEF. 31, 2005 FOR ANAMOUNT NOT TO EXCEED $ 28, 000 . THIS AGREEl-lENT FURNISHES AMBTJLl.I.NCE SERVICES @ BCT WITH THE CITY OF LAPORTE AT A MONTELY COS:r OF ELEVEN (11) PAYHENTS OF$2,333.00 AND TEE 12TH (, FINAL PAYMENT OF $2,337.00. SUCH CHARGES ARE TO BE PAID IN FULL BY TEE POET TO LAPORTE ON OR BEFORE TEE 10TH DAY OF THE HONTR FOLLOWING TEE MONTH ThT WB.I CRSUCB. SERVCES WERE :RENDERED. 1 28,000.00 EA AMB1J.LANCE SVC @ BCT FURNISH AMBULANCE SVC @ BCT 1.00 28,000.00 Purchase Order Summal~ FUNDS ARE AVAILABLE TO MEET THIS OBLIGATION WHEN DUE CO",IT ~ ~~~- ./ ..u Memo K r- ),3 3tP 7 {Yo - ?, '11:;; To: From: Date: Subject: Ruben Arredondo ~ I . Linda Henry v-' January 11,2005 City of LaPorte Ambulance File Number: 1985-0019 ..----- By Minute 2004-1213-36 the Port Commission authorized this agreement. The agreement shall begin January 1, 2005 and end on December 31, 2005, for an amount not to exceed $28,000. Attached are 4 original contract documents. Please prepare a requisitioll for the cOlltract services alld forward it alollg with the 4 origillal COil tracts to the Purchasillg Mallager for issuance of a Purchase Order. The Purchasing Manager will forward the Purchase Order and the 4 original contracts to the County Auditor for approval. After the Coun1)lAuuitor signs the Purchase Order, he will keep 1 original contract and forward the others to the Purchasing Manager. The Purchasing Manager will send: 1. A copy of the Purchase Order and 1 original contract to City of LaPorte Ambulance. 2. A copy of the Purchase Order and 1 original contract to you; and 3. 1 original contract to Central Records for filing. LH/ src Attachments cc: Curtis Rose Forbes Baker Central Records Dick Rhoads - County Auditor's Office ,") I.}. .&>~~~~~ #' OuSTOly ~~ ~~ ~U/>Q~h {a ,~v~ G~ \~~ ~B -. 1~~ ~c.-.\ -<Ii ~.t, :t~ ~QQ 1,:. ~~ W ~~~l{)"ll'ON '\~~ ~~~~ INTERNAL MEMORANDUM TO: Dick Rhoads, Harris Co. Assistant Auditor FROM: H. Thomas Kornegay DATE: January 5, 2005 SUBJECT: Signing of Documents In My Absence I will be out of the office from January 10, 2005 through January 14, 2005, inclusive. During that time, I would appreciate your accepting the signature of Wade Battles (Managing Director) or, in the event of his absence from the office, the signature of Jim Eldridge (Director of Administration), on all contracts, time sheets, request for checks, purchase orders, etc., until my return to the office on January 17, 2005. Thank you. ...... HTKjlt cc: W. Battles J. Eldridge Legal Central Records EXECUTED ~GREEMENT I AMENDMENTI CONTRACT pI-IA FILE NUMBER.- ~. \ g 15 . N>I '1 - .'s CONTRACT STATE OF TEXAS ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS: THIS CONTRACT made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE" and the PORT OF HOUSTON AUTHORITY, a body politic of Harris County, Texas hereinafter referred to as "PORT", WITNESSETH: WHEREAS, PORT is in need of certain govenunental services for the benefit of the people and property at its Barbour's Cut Terminal; and WHEREAS, LA PORTE is able and willing to provide said governmental services to PORT, upon the terms, conditions, and covenants herein contained: NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to both parties, it is hereby agreed as follows: 1. For and during the year begiIming on the 1 st day of January, 2005, and ending on the 31st day of December, 2005, LA PORTE agrees to furnish to PORT, the emergency medical services hereinafter more specifically described. This agreement shall remain in effect after December 31, 2005 until canceled by either pmty hereto giving ninety (90) days written notice to the other pmty hereto. II. For and in consideration of the govermnental services to be provided by LA PORTE, PORT agrees to pay LA PORTE the monthly sum of TWO THOUSAND THREE HUNDRED THIRTY THREE AND 00/100 DOLLARS ($2,333.00) for eleven months and TWO THOUSAND THREE HUNDRED AND THIRTY SEVEN AND 00/1000 DOLLARS ($2337.00) for the twelfth month. Such charges are to be paid in full by PORT to LA PORTE, on or before the tenth day of the month following the month in which such services were rendered. ANNUAL COST OF CONTRACT ADJUSTMENT- Beginning January 1,2006, and in subsequent years thereafter, the cost of contract shall be based on an Average Daily Population ("ADP") of persOlmel working at Barbours Cut Terminal on any given day. The ammal cost of contract adjustment shall be calculated by multiplying the negotiated per person fee by the negotiated ADP for the contract year. III. LA PORTE agrees to provide emergency medical services at PORT's Barbour's Cut Terminal. LA PORTE shall transport patients to one of the nearest hospitals that provides emergency services as defined by the transport policy of the City of La Porte Emergency Medical Services. LA PORTE shall be permitted to charge, to each patient, its most current and customary Emergency Medical Service charges as adopted by City Council. IV. Sole discretion will rest with the LA PORTE Director of Emergency Medical Services, or his duly authorized assistants, as to the persOlmel and equipment that will answer each emergency medical services request, provided, emergency medical services protection will be adequate (meaning reasonable protection, considering available persOlmel and equipment of LA PORTE's Emergency Medical Services) and dispatch of persoilllel and equipment to provide emergency medical services within the corporate limits of the City of La Porte. v. LA PORTE agrees to operate the ambulances in accordance with the requirements of the State and Federal law, and applicable municipal or county ordinances, as the same now exists, and as may be amended from time to time hereafter. VI. During the term of this Contract and any extension thereof, LA PORTE shall purchase and keep in full force and effect, public liability insurance on each of its ambulance units, and professional liability insurance (malpractice insurance) on each of its employees administering patient care, with minimum limits of ($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; and ($300,000.00) for each accident. LA PORTE shall keep and maintain Workers' Compensation insurance on its employees. LA PORTE shall maintain collision and liability insurance on the ambulances, with at least maximum limits of ($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; ($300,000.00) for each single occurrence for bodily injury or death; and uninsured and under-insured motorists coverage providing at least ($100,000.00) for each person, and ($300,000.00) for each single occurrence for bodily injury or death. Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in excess ofliability limits established in the Texas Tort Claims Act, Section 101.001 et seq. of the Texas Civil Practice and Remedies Code, in cases where said Act is applicable. The City shall file certificates of insurance coverage with the PORT during the terms of this Contract and any extension thereof. On all said insurance policies, PORT shall be named as an additional insured. VII. Either the PORT or LA PORTE may cancel this Contract, without cause, after giving at least ninety (90) days written notice to the non-canceling party. Such notice shall be sent by LA PORTE to the PORT at P.O. Box 2562, Houston, Texas 77252-2562, Attention: Director of Operations. Such notice shall be sent by the PORT to LA PORTE at P.O. Box 1218, La Porte, Texas, 77572-1218, Attention: City Manager. VIII. This contract shall become effective at 12:00 AM. Central Time, on the 1st day of January, 2005 and shall remain in full force and effect until the 31st day of December, 2005 unless otherwise canceled as provided in paragraph VII above. This Contract is entered into subject to the Charter and Ordinances of the City of La Porte, and all applicable state and federal laws. IX. This Contract constitutes the entire agreement between the parties and supersedes all prior contemporaneous communications or agreements, written or oral. This contract may be amended only by a written instrument signed by all parties. This contract shall be governed by and construed in accordance with the laws of the State of Texas. [EXECUTION PAGE FOLLOWS] EXECUTED IN DUPLICATE ORIGINALS, as of this the ~e Ce VYljll { , 20 Jit. ~ 3fi-J I day of ATTEST: CITY OF LA PORTE ~QAk!1o.- (4tWJ City S'ecretary BY:cJDffi~~ City Mana r (, . PORT OF HOUSTON AUTHORITY ~;?( ~ By: ~/Ja{4--- :CxeGut~ ve Director l1'\~~{~ APPROVED AS TO FORM: APPROVED: d ~,,) /Ju,"{-- Counsel ~ FUNDS ARE A V AILABLE TO MEET THIS OBLIGATION WHEN DUE: ~~~ f/.;!.P#()' Authorized by Minute No. .2004- I ~ IJ . .3~ H ----------- --------- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 13. 2004 Appropriation Requested By: Champ Dunham Source of Funds: nJa Department: Asst. Fire Chief Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Contract Budgeted Item: Exhibits SUMMARY & RECOMMENDATION The City presently has a contract to provide secondary fire suppression services at the Port of Houston Barbour's Cut Terminal. This contract calls for a monthly fee of $2,724.00 be paid to the City. The present contract expired on September 30, 2004. This contract includes an annual cost of contract adjustment beginning January 1,2006 that shall be calculated by multiplying the previous annual rate by a factor of the larger of 2.5% or the Consumer Price Index - Urban using December 2005 as the base. However, the annual rate increase shall not exceed 5%. An ordinance with a new contract is attached for Council's consideration to update the contract. Action Required by Council: Consider an ordinance approving and authorizing an agreement between the City of La Porte and Port of Houston Authority for secondary fire suppression services. Approved for City Council Agenda I ~ -~ -- () t(- Date Ordinance No. 2004- .21~~ AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LAPORTE AND PORT OF HOUSTON AUTHORITY, ("PORT"), A BODY POLmC OF HARRIS COUNTY; FOR SECONDARY FIRE SUPPRESSION SERVICES; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. ************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorized the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. 1 PASSED AND APPROVED, this 13th day of December 2004. CITY OF LA PORTE By: ~7~ Alton E. Porter, Mayor ATTEST: ~tfJ tt-&{J;;jJ Mart a A. GI lett, CIty Secretary APPROVED: ~rM~ Knox W. Askins, City Attorney 2 CONTRACT STATE OF TEXAS g g g KNOW ALL MEN BY THESE PRESENTS: This Contract made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE' and the PORT OF HOUSTON AUTHORITY, a body politic of Harris County, Texas hereinafter referred to as "PORT", WITNESSETH: WHEREAS, PORT is in need of certain governmental services for the benefit of the people and property at its Barbour's Cut Terminal; and WHEREAS, LA PORTE is able and willing to provide said governmental services to PORT, upon the terms, conditions, and covenants herein contained; NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to both parties, it is hereby agreed as follows: 1. For and during the year beginning on the 1st day of January 2005, and ending on the 31 st day of December 2005, LA PORTE agrees to furnish to PORT, the secondary fire suppression services hereinafter more described. This Contract shall remain in effect after December 31, 2005 until canceled by either party hereto giving ninety (90) days written notice to the other party hereto. II. For and in consideration of the governmental services to be provided by LA PORTE, to PORT, PORT agrees to pay LA PORTE the monthly sum of TWO THOUSAND SEVEN HUNDRED TWENTY-FOUR AND 00/100 DOLLARS ($2,724.00). Such charges are to be paid in full by PORT to LA PORTE, on or before the tenth day of the month following the month in which such services were rendered. ANNUAL COST OF CONTRACT ADJUSTMENT - Beginning January 1, 2006 and in subsequent years thereafter, there shall be a cost of contract adjustment of the rates. The annual cost of contract adjustment shall be calculated by multiplying the previous annual rate by a factor of the larger of 2.5 percent (2.5%) or the Consumer Price Index-Urban (CPI-U) using December 2005 as the base. However, the annual rate increase shall not exceed five percent (5%). III. LA PORTE will not be liable for loss or damage to person or property arising from or caused by or resulting from alleged negligence of LA PORTE, its officers, employees, or volunteers, in carrying out this contract. PORT agrees to release and hold harmless, from any such claim for loss or damage by itself, or by any person, firm, corporation, or association, in connection with this contract. PORT further agrees to reimburse LA PORTE the fair market value of any of LA PORTE'S equipment damaged or destroyed while engaged in fire suppression services on behalf of PORT hereunder. IV. PORT shall provide primary fire suppression service, which routinely includes nuisance type fire calls, and Life Flight landings. LA PORTE agrees to provide secondary fire suppression services for structural fires, rescue calls beyond the capacity of the PORT, and catastrophic events within PORT'S Barbour's Cut Terminal, (but not including on board vessel fires), for the term of this Contract, upon the terms and conditions herein contained, when in the judgment of PORT employees, such service is necessary to deal with a specific emergency. V. Sole discretion will rest with the LA PORTE Fire Chief, or his duly authorized assistants, as to the personnel and equipment that will answer each call for assistance from the PORT, provided that protection will be adequate (meaning reasonable protection, considering available personnel and equipment of LA PORTE'S Fire Department). VI. PORT agrees to authorize LA PORTE duly authorized officers the right to inspect or tour property within PORT'S Barbour's Cut Terminal, with a member of the PORT'S management or marine operations present. Additionally, during calls for assistance, LA PORTE will determine safe operation areas on Port property that include, but are not limited to, closure of roadways, trucks, cranes, tractors, etc. for the protection of LA PORTE'S personnel and equipment. VII. This Contract shall become effective at 12 am Central Time, on the 15t day of January 2005, and shall remain in full force and effect until the 31st day of December 2005, unless otherwise cancelled as provided in Paragraph I above. This Contract is entered into subject to the Charter and Ordinances of the City of LA PORTE and all applicable State and Federal Laws. EXECUTED IN PUPLICATE ORIGINALS, as of this the _Die ' 20~. 'l~ day of ATTEST: ~ aJ.k1Io..fWJl City ecretary APPROVED: APPROVED AS TO FORM: Counsel FUNDS ARE AVAILABLE TO MEET THIS OBLIGATION WHEN DUE: Harris County Auditor Authorized by Minute No. CITY OF LA PORTE .~~ JA ~ .~, ' 1 (..,' B ,(YlJJ/ tlJibra Bobak. Fea -l1e. - City Manager PORT OF HOUSTON AUTHORITY By: APPROVED: Director of Operations ',:.ti( 1 RE UEST FOR CITY COUNCIL AGENDA ITEM Department: Parlui & ReCUatiOD Appropriation Agenda Date Requested: December 13 Requested By: Stephen L. Barr \,/ 1 Bud~d Funds Account Number: 032..8S2-551-5()07 Amount Budgeted: $38,000 Exhibits: Agreement Amount Requested: $33,774.80 Exhibits: Budgeted Item: YES X NO Exhibits: SUMMARY & RECOMMENDATION The City of La Porte has participated for many years in the City of Houston-Harris County Agency on Aging Meals Program, administered by the Senior Citizens Center here in La Porte. The City's grant agreement with the Area Agency on Aging (AAA) calls for the City to pay for meals and then be reimbursed by the AAA. The meals are provided through a competitively bid agreement between a food vendor (Valley Foods) and the AAA. Our total grant package for FY 2005 is $57,077, of which 37,774.80 is expected to be paid to Valley Foods for the actual meals. AAA also reimburses for the majority of the approximately $19,300 in additional services, which includes the cost of homebound meal delivery salary, mileage, and other incidental costs associated with the program. It should be noted that the Valley Food meal provision costs are estimated, based on participation and may vary somewhat as the year progresses. The meal cost is reimbursed to the City at 100% per the agreement. And, our miscellaneous costs are fairly fixed, so the actual amount of the City's share will remain fairly close to the estimate. Because the City's portion of this agreement is in excess of $25,000 it requires approval and ratification by the City Council. Staff recommends that authorization be given to participate in an agreement to continue provision of the Senior Meals Program for La Porte, through Valley Foods and the City of Houston- Harris County Area Agency on Aging. We have a very good working relationship with both the AAA and Valley Foods and will continue to work with them to provide an excellent senior meals program for the City of La Porte senior citizens. Action Reauired bv Council: Consider approval authorizing City of La Porte participation in an agreement to continue provision of the Senior Meals Program for La Porte, through Valley Foods and the City of Houston-Harris County Area Agency on Aging. Aooroved for City Council Al!enda Ic2-g-0 ~_ Date FOOD PREPARATION AGREEMENT THIS AGREEMENT is made and entered into this day by and between INTERFAITH MINISTRIES, Y.W.C.A. OF HOUSTON, NEIGHBORHOOD CENTERS INC., BAYTOWN SENIOR CENTER, CITY OF JACINTO CITY, THE SALVATION ARMY, THE CITY OF SOUTH HOUSTON, CITY OF LAPORTE (LAPORTE SENIOR CITIZEN CENTER), and the JEWISH COMMUNITY CENTER ("Client" individually and "Clients" collectively), and VALLEY SERVICES, INC., a corporation formed and existing under the laws of the State of Mississippi, with its office and place of business in Jackson, Mississippi, hereinafter called "Valley". WIT N E SSE T H; The parties agree and obligate themselves and successors and assigns as follows: 1. Harris County AAA RFQ: Harris County AAA issued a certain Request for Qualifications (issued on June 17, 2002 and revised on July 5, 2002) for services for preparing and delivering meals to various sites in and around Harris County (the "RFQ"). Harris County AAA issued the RFQ on behalf of the Clients. Valley submitted a bid to provide the food services as per the terms of the RFQ (the "Bid"). Subsequent to the Bid, Harris County AAA awarded the food service business as detailed in the RFQ to Valley. The terms and conditions of the RFQ and the Bid are incorporated by reference into this Agreement and are a part of this Agreement. Any conflict between the terms and conditions of the Rf'Q and the Bid and the terms and conditions of this Agreement shall be governed uy the terms and conditions of this Agreement. 2. Term: The term of this Agreement shall commence on the 26th day of March, 2004, and shall continue until the 30th day of September, 2004, This Agreement is automatically renewed at the termination date for successive one (1) year terms unless written notice is provided by either party to the other at least thirty (30) days prior to the expiration of the term then in effect. 3. Termination: Either party may terminate this Agreement with or without cause by giving thirty (30) days written notice to the other party of its intention to terminate this Agreement at the end of such thirty (30) days. 4. Notice: Any notice required or permitted to be given shall be in writing and shall be mailed by registered mail or personally delivered. A notice shall be deemed to be given three (3) days after it is mailed or upon receipt if personally delivered. Any notice to Valley shall be addressed to: Valley Services, Inc., Attn: Legal Services, P.O. Box 5454, Jackson, Mississippi 39288-5454; and in the case of the Clients to the address for each Client as detailed on the attached Exhibit " A" . 1 5. Obli2ations of Valley: Valley shall be responsible for the preparation of meals including: (a.) providing and maintaining a production kitchen and equipment for the preparation of meals (the "Food Preparation Facilities"); (b.) maintaining the Food Preparation Facilities in a sanitary condition; (c.) performing all buying and record keeping functions; (d.) employing and training food service employees; (e.) furnishing supervisory personnel to establish and maintain the operation at a high standard. 6. Obli2ations of the Client: The Client shall be responsible for: (a.) providing and maintaining sites and personnel for the serving of meals (the "Serving Sites"); (b.) maintaining the Serving Sites in a sanitary condition; (c.) maintaining the Serving Sites in accordance with all laws, regulations, orders, directives, statutes, and other rules of any federal, state, or local government bureau or department applicable to the Serving Sites; (d.) maintaining Valley's equipment located at the Serving Sites, if any; (e.) serving the meals at the Serving Sites; (f.) providing for any and all real or personal property tax or similar tax related to the Serving Sites; (g.) maintaining adequate fire and hazard insurance on the Serving Sites; and (h.) administering the nutrition services in compliance with all rules and regulations of the U.S. Department of Health and Human Services (HHS). 6A. Relationship of Each Client to Every Other Client: Execution of this Agreement by any given Client does not impute any obligation of one Client to any other Client. In addition, a breach of this Agreement by any given Client does not impute a breach upon any other Client. 7. Client's Ri2ht to Inspect: Valley shall operate the Food Preparation Facilities in a manner reasonably satisfactory to the Client. The Client shall have the right to inspect the Food Preparation Facilities and the preparation of the meals therein to determine if such are being operated in a safe, sanitary, and proper manner. 8. Compliance With Regulations: Valley shall comply with all laws, ordinances, regulations, orders, directives, statutes, and other rules of any federal, state, or local government bureau or department applicable to the preparation of food. Valley's employees and agents shall also comply with applicable rules and regulations concerning conduct on the Client's premises which the Client imposes upon its employees and agents provided such rules and/or regulations are not in violation of any federal, state, andlor local laws. 9. Ownership of Inventory: Valley shall maintain title to all inventories purchased by Valley. 10. Proprietary Information: During the term of this Agreement, the Client acknowledges that it may acquire or obtain access to proprietary information or materials (the "Proprietary Items") of Valley. Proprietary Items are defined as confidential information or materials related to the business of Valley which include, but are not limited to, trade secrets, signage, trademarks, logo, trade dress (including product package design), symbols, slogan emblem, computer software, 2 including Common CENTS@ Solutions software, recipes, diet manuals, videotapes, technical and nontechnical data related to the operations, methods, techniques, processes, finances, existing and future products, actual or potential customers and suppliers, procedure and/or personnel manuals, and any information which has been disclosed to Valley by a third party which Valley is obligated to treat as confidential. All Proprietary Items are confidential to and are and will remain the sole and exclusive property of Valley. In the event the Client receives, obtains access, or otherwise is exposed to any Proprietary Items, the Client will and shall cause its officers, employees, and agents to, (a.) hold the Proprietary Items in. trust and in strictest confidence, (b.) not produce, use, distribute or otherwise disseminate the Proprietary Items except to the extent necessary to aid the performance of the services provided by Valley, and (c.) otherwise protect the Proprietary Items from disclosure. Upon request by Valley and/or termination of this Agreement, the Client shall return all property belonging to Valley, including without limitation, all tangible materials containing or embodying Proprietary Items then in its custody, control, or possession. 11. Increase in Costs: If any increase in costs to Valley occurs resulting from a change in the policies or practices of the Client, the Federal and/or State minimum wage laws, or any other Federal, State, and/or local laws, Valley and the Client agree to negotiate in good faith a proportionate increase in Valley's charges to the Client. If Valley and the Client cannot reach an agreement as to such increase, then this Agreement may be terminated by either party upon thirty (30) days prior written notice of termination. 12. Relationship of the Parties: Valley shall at all times act as an independent contractor. No employee of Valley shall be deemed an employee of the Client, and no employee of the Client shall be deemed an employee of Valley. Valley and the Client shall have full responsibility for payment of wages and compensation to their respective employees and for compliance with all applicable federal and state payroll tax requirements with respect to their respective employees. Valley shall be solely responsible for the supervision of its employees in accordance with Equal Opportunity Laws, Executive Orders, and Valley and/or Client policies and procedures. Valley shall have sole control of the manner and means of performing its obligations hereunder. 13. Non-Solicitation of Emplovees: It is understood that the employees of Valley who will supervise the operation of the Food Preparation Facilities have been recruited and trained by Valley at substantial expense. The Client shall not hire directly or indirectly, or offer employment to, or allow any other entity or concern over which it has any control to hire or offer employment to any such employee of Valley in the operation of any Food Preparation Facilities during the term of this Agreement or for one (I) year thereafter, unless such employees were former employees of the Client. For any breach of this covenant, Valley may recover from the Client, as liquidated damages, and not as a penalty, the sum of two hundred dollars ($200) per calendar day for each day that such employee remains in such unauthorized employment up to a 3 ~ maximum of thirty-six thousand dollars ($36,000). Additionally, Valley may proceed to enjoin such unauthorized employment. If legal action is necessary to enforce this provision or to collect liquidated damages, Valley shall be entitled to recover all legal expenses, including reasonable attorney's fee. 14. Force Maieure: In the event of a business interruption other than that caused by Valley, the Client shall be able to extend to Valley the term of this Agreement by as many days as are involved in the business interruption. Should there be such business interruption, this Agreement shall be renegotiated immediately and such renegotiated Agreement shall last the duration of the business interruption. The definition of business interruption will include, but is not limited to, war, public disorders, acts of enemies, sabotage, strikes, lockouts, picketing, labor difficulties, fires, uncompleted construction, acts of God, accidents, or breakdown, whether or not preventable, or any similar or dissimilar cause beyond the control of either party. 15. Event of Default and Remedies: In the event either party defaults in the performance of its obligations under this Agreement and such default is not cured within ten (10) days of the receipt of written notice thereof (or five (5) days in the case of an obligation to pay money), then the non-defaulting party shall have the right, in addition to any other rights it may have, to terminate this Agreement without further notice. If the nature of the default is such that it may not be reasonably cured within ten (10) days, the defaulting party shall not be in default if appropriate cure is commenced within ten (10) days and thereafter a cure is reasonably prosecuted to completion. 16. Assignment: Neither Valley nor the Client may assign or transfer this Agreement in whole or in part without the written consent of the other party. Such consent shall not be unreasonably withheld. 17. Charges: In consideration for services provided to the Client, Valley will charge the Client as per Exhibit "B". Neighborhood Centers Inc. will be responsible for all charges incurred which relate to any meals served to any of its subcontractors (a list of which is attached as Exhibit "C"). 18. Billing Rate Increase: In the event the United States Department of Labor Consumer Price Index, All Urban Consumers, U.S. City Average, All Items (CPI) for the month of August indicates an increase, the billing rates will be adjusted for the forthcoming contract year based on such CPI percentage increase (i.e., the billing rates will be adjusted October 1 st of each year). 19. Billing and Payment: On or before the fifth (5th) day of each week, Valley will bill the Client for the preceding week's charges. Additionally, Valley will submit a monthly statement to the Client. The month end cutoff is the 25th day of the month. Payments made by the Client to Valley are due within thirty (30) days of monthly statement date. Unpaid invoices due Valley will bear an interest charge of eighteen percent (18%) per annum, or 4 the maximum allowable by law if less, from due date until paid. The Client will be responsible for all collection costs and attorney's fees incurred by Valley to obtain payment. 20. Tax Exempt Status: It is mutually understood and agreed upon that charges made by Valley pursuant to this Agreement for the sale of products or services to the Client have been determined without any consideration of additional cost that may be incurred by Valley because of a tax imposed by any lawful governmental authority, including, but not limited to, sales tax, privilege tax, or real or personal property tax. The Client represents that an exemption from the payment of such taxes is appropriate since the Client is a not-for-profit institution. The Client agrees to provide certification of exemption to Valley. Furthermore, the Client shall notify Valley promptly should the status of such certificate be changed or should the legal basis exist to acquire such certificate to be valid. In the event of the imposition of any of the above mentioned taxes on the sale of products or services to the Client, it is agreed that the charges set forth in this Agreement shall be adjusted by an appropriate amount in order to offset this additional cost to Valley. The above mentioned exemption in no way absolves Valley from the payment of federal or state income taxes. 21. Arbitration: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and shall be binding. The arbitration proceedings shall be held in Jackson, Mississippi. Any proceedings to enforce the terms of this provision shall be held in either Federal District Court for the Southern Division of Mississippi, Hinds County Mississippi State Court, or Rankin County Mississippi State Court. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 22. Governine: Law: Valley and the Client agree that this Agreement shall be governed by the laws of the State of Mississippi. 23. Headine:s and Captions: All headings and captions appearing in this Agreement are inserted for purposes of convenience and reference only, and shall not be used to construe or interpret any provision hereof. 24. Entire Ae:reement; Modification: It is mutually agreed that this Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof, and supersedes all existing Agreements between the parties concerning such subject matter. It is further agreed that no alterations or amendments shall be made to this Agreement unless they be in writing and approved by both parties. 25. Authority: Valley and the Client each represent that the person executing this Agreement on their behalf has been duly and validly authorized to execute this Agreement on their behalf and that they have full power and authority under all applicable laws and their respective articles of 5 incorporation, bylaws or governing instrument to enter into this Agreement and to perform their obligations hereunder. By: CEO Date: -.111 /0+ Attest: By:~L~- CLIENTS INTERFAITH MINISTRIES Y.W.C.A. OF HOUSTON By: By: Title: Title: Date: Date: Attest: Attest: By: By: NEIGHBORHOOD CENTERS INC. JEWISH COMMUNITY CENTER By: By: Title: Title: Date: Date: Attest: Attest: By: By: 6 ~ BA YTOWN SENIOR CENTER By: Title: Date: By: Attest: CITY OF JACINTO CITY By: Title: Date: By: Attest: THE CITY OF SOUTH HOUSTON By: Title: Date: By: Attest: THE SALVATION ARMY By: Title: Date: Attest: By: CITY SENIO By: Title: Date: Att,st: /// /, ~ By: K~ G. :l--vL- 7 EXHIBIT "A" HARRIS COUNTY AAA CLIENT LIST City of Jacinto City Heritage Hall 10301 Market Street Jacinto City, TX 77029 City of La Porte La Porte Senior Citizens Center 1322 S. Broadway La Porte, TX 77571 City of South Houston 1018 Dallas Street South Houston, TX 77587 The Salvation Army 2732 Cherrybrook Lane Pasadena, TX 77502 Interfaith Ministries 3217 Montrose Blvd. Houston, TX 77006 Jewish Community Center 5601 S. Braeswood Houston, TX 77096 Neighborhood Centers, Inc. 4500 Bissonnet, Suite 200 Houston, TX 77277 J: W. CA. 3621 Willia Street Houston, TX 77007 Bay town Senior Center 1715 Market Baytown, TX 77520 EXHIBIT "B" SCALE RATE C B lk - onere2ate u Average Daily Congregate Meals Per Week: Rate: Under 1,000, specify $1.97 1,000 - 1,500 $1.82 1,501 - 2,000 $1.73 2,001 - 2,500 $1.71 2,501 - 3,000 $1.68 3,001 - 3,500 . $1.65 Over 3,500, specify $1.61 SCALE RATE C t A . - onere2 ae sian Average Daily Congregate Asian Meals Per Week: Rate: Under 200, specify $3.22 200 - 250 $3.06 251 - 300 $2.94 301 - 350 $2.89 351 - 400 $2.84 401 - 450 $2.81 451 - 500 $2.77 501 - 550 $2.75 551 - 600 $2.72 Over 600, specify $2.69 SCALE RATE H Dr dP Itd - orne e rvere re-pla e Average Daily Home Delivered Meals Per Week: Rate: Under 2,500, specify $2.25 2,500 - 3,000 $2.14 3,001 - 3,500 $2.03 3,501 - 4,000 $1.96 4,001 - 4,500 $1.93 4,501 - 5,000 $1.90 Over 5,00, specify $1.85 ~ SCALE RATE - Frozen Home Delivered Average Daily Frozen Meals Per Week: Rate: Under 100, specify $2.81 100-150 $2.56 151 - 200 $2.45 201 - 250 $2.45 251-300 $2.45 Over 300, specify $2.45 BILLING MISCELLANEOUS: Holiday and Special Meals: (handled per catering invoices) A vera!!e Dailv Con!!re!!ate Meals Per Week 1,200 - 1499 1,500 -1,999 2,000 - 2,199 2,200 - 2,499 Over 2,499 specify Rate $5.37 $5.11 $4.34 $4.34 $4.34 EXHIBIT "C" Neighborhood Centers Inc. Senior Services Program Congregate Programming FY 2003-04 Beall Village Golden Age Hobby House Indochinese Culture Center Pilgrim Community Center West End Multi-Service Center Wesley Community Center* M.D. Anderson Y. W.C.A. Magnolia Multi-Service Center Ripley House Community Center Wesley Anchor House* Denver Harbor Multi-Service Center* J. W. Peavy Multi-Service Center Julia C. Hester House* Independence Heights Park Kashmere Multi-Service Center Pleasant Village (new in 2003) Tri-Community Center United Way Bay Area Service Center Acres Homes Multi-Service Center Vietnamese Senior Center 4463 N. MacGregor Way 2805 Winbem St. 3333 Fannin St. 3118 Blodgett 170 Heights Blvd. 1400 Lee 7305 Navigation Blvd. 7037 Capitol 4410 Navigation Blvd. 1200 W. Dallas 6402 Market St. 3814 Market St. 2020 Solo 603 E. 35th St. 4802 Lockwood St. 1922 Pleasantville 9525 Clinton Dr. 1300 Bay Area Blvd. 6719 W. Montgomery Rd. 8244 Antoine, Suite L 77004 77004 77004 77004 77007 77009 77011 77011 77011 77019 77020 77020 77020 77022 77026 77029 77029 77058 77091 77091 22 19 64 31 38 46 42 62 54 16 77 37 18 23 55 50 30 30 60 24 //Area 4gency ~n Aging HARRIS COUNTY Houston Department of Health and Human Services Funded by the Texas Department on Aging CITY OF HOUSTON I j ." ./ ~~ . '''. ..f .~:t, I" . _ ',''',,'' ii~! _, ~>.,1~' ..r / .' Certified Mail Return Request Receipt #6683-2323 August 27, 2004 Debra Feazelle, City Manager City of La Porte 1322 S. Broadway La Porte, TX 77571 RE: Contract No. FC55469 FY05 Award - $57,077 ,,- -:~_.) D M F 11 "', ", ,-" ear s. eaze e: .,',<( >,'#~ . ,(' ~" ~ f, :i"~~ c;J '''r:''''~ Pursuant to Article V, Section A o(.;~:; Contract No. FC55469, the City of Houston-Harris County Area Agency on Aging (RCAAA) is seeking to exercise the fIrst one-year renewal option of the contract which is to expire on September 30, 2004 with your agency for the provision of Congregate and Home Delivered Meal Services. Based on our review of your proposed budget and related services, your request has been approved. The City of La Porte's award for FY05 is as follows: Services FY05 Program Purchased Reimbursement Award Units Units Unit Rate Congregate $37,248 8,785 8,723 $4.27 Home Delivered $19,829 6,275 5,488 $3.64 Total $57,077 The HCAAA has approved funding at the City of La Porte's requested level to include an allowable state increase of 1.48%. The HCAAA recognizes the City of La Porte consistency in program performance and innovative planning. Please acknowledge your acceptance of this award by returning this letter with an original signature to the HCAAA, no later than Tuesday, September 14, 2004. It will be necessary to submit an original signed FY05 budget along with the acknowledged award letter. .....", 8000 N. S~um Dr.. Houston, TX 77054. Off: 713/794-9001 . Fax: 713/794-9238. E-MAIL: aging@cityofhouston.net Debra FeazelIe, City Manager City of La Porte FY05 Award Letter In addition, the following comments, conditions, provisions and/or requirements are herein submitted and made a part of this recommended funding level: 1. Please provide all information requested on the enclosed Contractor Information Form. A new form must be submitted to indicate changes in personnel, etc. as they occur during the contract period (enclosure). 2. The City and its designation as the Harris County Area Agency on Aging (HCAAA) must be acknowledged in all publicity and promotions for services, projects, or programs receiving Older Americans Act, Title ill Funding. The Texas Department of Aging and Disability Services may also be acknowledged when practical and feasible. The credit line should read: "This program is supported, in part, by the Harris County Area Agency on Aging." 3. The monthly invoicing cut off date is the 25th of each month, except during the month of September 2005. All required monthly documentation and electronic files are to be submitted by the fifth (5th) calendar day following the cut off date. If the fIfth calendar day is on the weekend or City of Houston approved holiday, all documentation must be submitted by the close of business on the preceding workday. The September invoice is to be submitted no later than Monday, 12 o'clock noon, October 11, 2005. To avoid audit exceptions, penalties, and/or sanctions, reports should be reviewed for accuracy and completeness prior to submission to the Harris County Agency on Aging. Timely submission of reports is necessary to enable the agency to meet the State's reporting requirements. A meeting is scbeduled for Wednesday, October 6, 2004, at 2 p.m. to review invoice and reporting procedures in further detail. Please have tbe appropriate staff representative in attendance at the meeting. 4. A roster detailing all subcontractors associated with the HCAAA funded services is to be submitted to HCAAA. A copy of the signed subcontractor agreement must be forwarded to the HCAAA within thirty days of contract initiation or no later than Monday November 8, 2004. Payments to subcontractors must be timely upon receipt of invoice reimbursement by Harris County Area Agency on Aging. 5. An internal system for monitoring the collection and expenditure of program income should be in place. A review of program income should be conducted quarterly to assure that such funds do not accumulate but are expended within the fiscal period in which they were collected. Additionally, expenditures of such funds are to be limited to only those uses which are consistent with the 40 TAC 270.1 standard and technical assistance memorandums from the Texas Department of Aging and Disability Services. c: FY05 Award Letter 2 Debra FeazelIe, City Manager City of La Porte FYOS Award Letter 6. Monthly internal monitoring of service utilization should be incorporated. Any over/under utilization of five percent (5%) or more shall be documented and submitted to the Harris County Area Agency on Aging with justification by the fifth (5th) working day of the following month along with the invoice submission. 7. As referenced in your present contract, please submit the Insurance Affidavit stating the required contract insurance is currently in effect and will remain in effect through the term of the contract. Also submit a copy of the Insurance Certificates to us indicating the required insurance coverage, the city as an additional in~ured and a wavier of subrogation clause. 8. Please submit a complete inventory of all equipment purchased with Title III Funding. A copy of the Property Control Record Agreement Form has been included in this packet. This form is to be completed in its entirety and returned with the award response. 9. Submit the name of the staff person who may be contacted regarding programmatic Issues: I ) NAME:I(~~PHONENO.: ~P/.~7tJ;9Y97 A copy of the Contractor Information Form has been included in this packet. This form is to be completed in its entirety and returned with the award response. 10. Please be mindful that all outstanding financial obligations to Valley hmovative Foods must be fulfilled within forty-five days of the close of fiscal year 2004. Failure to do so could impact the terms and conditions of the following contract award. 11. For the purposes of determining FY05 annual monitoring priorities, a copy of the Risk Assessment Form has been included in this packet. This form is to be completed in its entirety and returned with the award response. 12. Please sign and return the enclosed Certification Regarding Debarment, Suspension, Ineligibility Form with this executed document. 13. Effective for all contracts issued to subrecipient providers beginning with FY05, a copy of the relevant section of the Texas Administrative Code (TAC) for the services(s) contracted is enclosed and made a part of the contract. For your convenience, enclosed is a copy of the FY05 City of Houston Holiday Schedule (pending council approval) and Monthly Reporting Periods. If your organization observes additional holidays, please forward a COPy of the holiday (s) with the signed award letter. Acceptance of tbis award letter acknowledging the conditions and limitations detailed herein should be returned to Elizabeth Flores at the Harris County Area Agency on Aging no later than Tuesday, September 14,2004. c: FY05 Award Letter 3 Debra FeazelIe, City Manager City of La Porte FY05 Award Letter We look forward to a continued partnership in serving the aging network of Harris County. Please do not hesitate to contact Mrs. Charlene Hunter James at (713) 794-9006 should you have questions. Sincerely, ~ te en . Director Houston Department of Health and Human Services SLW:CHJ:ef Acknowledged & Accepted: Enclosures TITL : DATE: c: FY05 Award Letter 4 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 13, 2004 Appropriation Requested By: Cynthia B. Alexander Source of Funds: N/ A Department: Finance Account Number: N/A Report: Resolution: Ordinance: xx Amount Budgeted: N/A Exhibits: Ordinance Exhibits: Explanations / q1' ~ IU Amount Requested: N/A Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The City Council adopted the Fiscal Year 2004-05 Budget on August 23,2004. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2004-05 Budget. (*denotes funds with changes) Original Budget Amended Budget General Fund Grant Fund Hotel/Motel Occupancy Tax Community Investment La Porte Development Corporation Tax Increment Reinvestment Zone Utility Sylvan Beach Airport La Porte Area Water Authority Golf Course Motor Pool Technology Fund Insurance Fund General Capital Improvement Utility Capital Improvement Sewer Rehabilitation Capital Improvement Infrastructure Fund 1998 General Obligation Bond Fund 2000 General Obligation Bond Fund 2002 General Obligation Bond Fund General Debt Service Utility Debt Service La Porte Area Water Authority Debt Service $ 25,397,585 206,871 296,000 120,000 280,050 33,000 7,083,190 248,491 71,080 1,012,940 1,171,206 1,989,806 4,345,783 988,087 405,296 1,345,000 350,000 o 151,953 165,000 o 1,951,586 608,162 771.588 $ 25,397,585 365,585 * 336,750 120,000 280,050 33,000 7,083,190 248,491 71,080 1,012,940 1,171,206 1,989,806 4,345,783 988,087 405,296 1,345,000 350,000 o 151,953 165,000 o 1,951,586 608,162 771.588 Total of All Funds $ 48,992,674 $ 49,192,138 Action Reauired bv Council: Adopt Ordinance Amending Fiscal Year 2004-05 Budget for the Grant Fund to incorporate law enforcement terrorism prevention programs and state homeland security programs. A;;;:~~;L Debra B. Feazelle, City Manag /~ - 2 ~oL{ Date ORDINANCE NO. 2004-2762-8 AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2004 THROUGH SEPTEMBER 30,2005; 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. WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1, 2004, through September 30, 2005, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on July 26, 2004, and a public hearing scheduled for August 23, 2004 was duly advertised and held. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and attached hereto by reference as Exhibit "A", is hereby amended as the Budget for the said City of La Porte, Texas, for the period of October 1, 2004, through September 30, 2005. SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and necessary to the adoption of said Budget have been performed as required by charter or statute. SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 4: This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 13th day of December, 2004. ATTEST: ~ ~f~ .tati/ . Marth Gillett, City Secretary CITY OF LA PORTE, TEXAS ~.p~ Alton Porter, Mayor APPROVED: 11!:4 W- -/wt- ~ nox Askins, City Attorney ~T,~ ~J";)i1. c;':1 PI#-.!J . City of La Porte Police Department Interoffice Memorandum November 29, 2004 To: From: Subject: Mike Dolby, Assistant Finance Director Richard Reft: Chief of Police Budget Adjustment for Homeland Security Grant The Police Deparbnent in conjunction with the Fire Deparbnent, EMS, Public Works, and Emergency Management completed and submitted an extensive Domestic Preparedness Assessment for grant funds. This assessment was completed and forwarded on April II, 2003. The grant periods for this assessment were for grant funds in 2003, 2004 and 2005. Funding is awarded through the Office of Domestic Preparedness for equipment funding. Awards for the three years involved would be made each year based on the assessment. In 2003 we received a grant awarded for one hundred three thousand and seventy-two dollars ($103,072.00) as a Sub-Recipient with the Texas Extension Engineering Service (TEEXS). On February 28, 2003 Council approved the City Manager signing the Sub-recipient Agreement with TEEXS. The period for the award was from February 1,2003 to March 31,2005. We have received two additional Sub-Recipient Grants for 2004. The first being a grant for ninety thousand four hundred sixty-four dollars ($90,464.00) for Law Enforcement Terrorism Prevention Programs (LETPP), the second for State Homeland Security Programs (SHSP) for sixty-eight thousand two hundred fifty dollars ($68,250.00). These grant funds will be used to provide gfeater security of our water well site, chlorine detection equipment, and additional equipment to enhance or improve our capability to handle hazmat incidents. It will also help acquire additional laptops for Patrol cars to facilitate interoperability of communications. Funds under the two grants can be spent one of two ways. The first is ordering through the approved government vendor, Fisher Scientific, and the other by local purchase. If acquired by Fisher Scientific the Police Deparbnent forwards the packing slips to TEEXS, who in turn pay Fisher, thus by no cost to the City. The locale purchase process requires submitting paid invoices to TEEXS who then reimburses the City. Of the grants seventy-five thousand seven hundred and eighty-six dollars will be made by locale purchase. These funds were released for expenditure on November 10, 2004 based on equipment needs requests which required approval from TEEXS and HGAC. It is now necessary to adjust the Police Department budget for the amount of one hundred fifty-eight thousand seven hundred and fourteen dollars ($158,714.00), the sum of the two grants. This amount will be placed in fund 032 (grants) under the Police Deparbnent in the appropriate account line numbers to provide accountability and tracking. We request the Council approve the adjustment to the Police Deparbnent budget used in fund 032 to utilize the grant awards for the total amount of one hundred fifty-eight thousand, seven hundred fourteen dollars (LETfP - $90,464.00 and SHSP $68,250.00). CibJ alL. P...... Police o..,....t-t 9rlSoatL8IIoSln.et L.p......1Xmn 26lA7I-.J8lO F-=~ -------------------- ----------- REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: 3 2004 Appropriation Agenda Date Requested: Source of Funds: Various Department: Account Number: Various Report: Resolution: Ordinance: x Amount Budgeted: $4,470,000 Exhibits: Ordinance Amount Requested: $2,933,294 Exhibits: Engineer's Recommendation and Bid Tabulation Budgeted Item: YES Exhibits Canada Road Cost Allocation and Budl!et SUMMARY & RECOMMENDATION Sealed bids from pre-qualified contractors were received on November 15,2004. Nine contractors pre- qualified under the terms of Section 2-106 of the city's Code of Ordinances. Seven contractors attended the mandatory pre-bid meeting, with six submitting a bid. Low bid was submitted by Angel Brothers Enterprises, L TD for a total cost, including Alternates 1 & 2, of $2,793,614. Alternates 1 & 2 represent costs for sidewalks, which Harris County will not participate in. A five percent (5%) contingency is recommended, in the amount of$139,680. Funding for the Project comes from three different sources, as follows: . CLP 4B (Streets/Drainage) Project No. GEN766 . CLP Utility CIP Fund (Utilities) Project No. UTL899 La Porte Subtotal . Harris County (1/2 of all costs except utilities and sidewalks) Total available Budget $1,900,000 700,000 $2,600,000 1,870,000 $4,470,000 The overall estimated expenditures are on the attached Cost Estimate. Costs for the construction and engineering are based on existing contracts, as well as the proposed award of the construction and inspection contracts. Outstanding estimated costs include pipeline adjustments. Adjustments are complete, however actual costs have not been provided. Based on conversations with the two pipeline companies, actual costs were well below estimates. Action Required bv Council: Approve an ordinance authorizing the City Manager to execute a contract with Angel Brothers Enterprises, L TD in the amount of $2,793,614, and authorize a contingency of $139,680. Approved for City Council Aeenda lJJ bt(j)/J ~du~ I1ebra Feazelle, City anag IJ -2 ,-ot{ Date ORDINANCE NO. 2004-~1q1 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND ANGEL BROTHERS ENTERPRISES, LTD., FOR IMPROVEMENTS TO CANADA ROAD, APPROPRIATING $2,793,614.00 PLUS A CONTINGENCY OF $139, 680 . 00, TO FUND SAID CONTRACT, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the city Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum of $2,263,370.50 plus a contingency of $113,168.00 from City of La Porte Fund 015 - Project No. 766, and the sum of $530,243.50 plus a contingency of $26,512.00 from Fund 003 - Project No. 899, to fund said contract. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the pUblic at the city Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the pUblic as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 13th day of December, 2004. By: CITY OF LA PORTE kt.K~ Alton E. Porter Mayor ATTEST: \,.~ O. fiLUiJ Mart a A. Gille t City Secretary APokw~ Knox W. AskJ.ns City Attorney 2 .. I ,I", I ", ~ Freese Nichols, Inc. Engineers Environmental Scientists Architects 2010 East Broadway Pearland, TX 77581-5502 281/485-2404 281/485-4322 fax www.freese.com November 17, 2004 FNIOI-525 Mr. Steve Gillett Director of Public Works City of La Porte 2963 North 23rd Street La Porte, Texas 77571 Re: Canada Road Dear Steve: On November 15,2004, six (6) bids were opened for the referenced project. Bids were checked and tabulated. The low bidder is Angel Brothers Enterprises, L TD with a base bid of $2,745,314. Their Alternate Bids 1 and 2 prices prices for sidewalks are $25,460 and $22,840 respectively. Therefore, the total bid including Alternate bids is $2,793,614. Enclosed are ten (10) copies of bid tabulation sheet. Angel Brothers Enterprises, L TD is a responsible and responsive company with experience in this type of work. We have worked with them on previous projects in other cities and they were previously prequalified. Therefore, we recommend award of this contract to Angel Brothers Enterprises, LTD. Depending on funds availability and City's desire, award can be made for base bid or with Alternate bids included.. We are looking forward to the successful implementation of this project. Please call me in can be of service to you. Sincerely, ~~--- Mehran (Ron) Bavarian, P .E. Associate Houston Area Manager Attachment: 1: LPTO 1-525GillellS.ltr CANADA ROAD BID TABULATION 11/15/2004 ENG. ESTIMATE ANGEL BROTHERS BEYER CONST. CONRAD CONST. HUFF&MITCHEl REYTEC CONST. TRIPLE B SERVo TEXAS STERLING A. PAVING $ 1,639,020.00 $ 1,623,830.00 $ 1,776,775.00 $ 1,635,342.00 $ 1,629,115.00 $ 1,688,860.00 $ 1,991,295.00 B. DRAINAGE $ 664,947.50 $ 541,240.50 $ 763,215.00 $ 658,998.00 $ 669,144.50 $ 621,853.00 $ 847,734.00 C. WATERLINE $ 147,120.00 $ 95,237.00 $ 137,927.00 $ 127,210.00 $ 145,025.00 $ 93,501.00 $ 147,340.00 D. SEWER $ 523,450.00 $ 435,006.50 $ 558,391.00 $ 524,958.00 NO-BID $ 706,003.25 $ 470,953.00 $ 530,066.00 E. EXTRA WORK $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 TOTAL BASE $ 3,024,537.50 $ 2,745,314.00 $ 3,286,308.00 $ 2,996 508.00 $ 3,199,287.75 $ 2,925,167.00 $ 3,566,435.00 AL TERNA TE 1 $ 35,100.00 $ 25,460.00 $ 22,800.00 $ 22,800.00 $ 22,800.00 $ 26,600.00 $ 42,560.00 AL TERNA TE 2 $ 19,350.00 $ 22,840.00 $ 22,200.00 $ 20,400.00 $ 18,600.00 $ 23,275.00 $ 35,890.00 LOW BID STREET/DRAINAGE I $ 2,408,417.50 I $ 2,263,370.50 I ITOTAL UTILITY I $ 670,570.00 I $ $ 3,078,987.50 $ 530,243.50 I 2,793,614.00 TOTAL COST ESTIMATE FOR CONSTRUCTION OF CANADA ROAD Exhibit A Subtotal 5% Contingencies Total Construction Cost $ 1,623,830.00 $ 541,240.50 $ 50,000.00 $ 25,460.00 $ 22,840.00 $ 2,263,370.50 $ 113,168.53 $ 2,376,539.03 Joint Venture 50% Eligible Items Harris County City of La Porte $ 811,915.00 $ 811,915.00 $ 270,620.25 $ 270,620.25 $ 25,000.00 $ 25,000.00 $ $ 25,460.00 $ $ 22,840.00 $ 1,107,535.25 $ 1,155,835.25 $ 55,376.76 $ 57,791.76 $ 1,162,912.01 $ 1,213,627.01 RoadwaylDrainage Pavin Draina e Extra Work Alternate 1 Sidewalk Alternate 2 Sidewalk Waterline Installation Sewerline and Lift Station Installation Subtotal 5% Contingencies Total Utilities Engineering, Survey & Geotech Freese & Nichols Phase I Desi n $ 192,295.00 $ 96,147.50 $ 96,147.50 Freese & Nichols Phase II Desi n $ 46,375.00 $ 23,187.50 $ 23,187.50 Freese & Nichols Utilit Desi n $ 43,395.00 $ $ 43,395.00 Freese & Nichols Construction Phase I $ 26,305.00 $ 13,152.50 $ 13,152.50 Freese & Nichols Construction Phase II $ 2,275.00 $ 1,137.50 $ 1,137.50 Freese & Nichols Utility Construction Phase $ 11,575.00 $ $ 11,575.00 Pro'ect Representative - Street/Draina e3 $ 77,042.00 $ 38,521.00 $ 38,521.00 Pro'ect Representative - Uti lit Installation $ 13,213.00 $ $ 13,213.00 Materials Testing - Street/Drainage 4 $ 42,680.00 $ 21,340.00 $ 21,340.00 Materials Testing - Utility Installation $ 7,320.00 $ $ 7,320.00 Total Engineering $ 462,475.00 $ 193,486.00 $ 268,989.00 , Represents 65.58% of Estimated Cost 2 Represents 50% of Estimated Cost 3 Represents 85.36% of Estimated Inspection Cost ($100,000) 4 Represents 85.36% of Estimated Testing Costs .~ Requested By: S. Gillett . CITY COUNCIL AGENDA ITEM Agenda Date Requested: Appropriation Source of Funds: Various Department: Public Works Account Number: Various Report: Resolution: Ordinance: xx Amount Budgeted: $4,470,000 Exhibits: Ordinance Amount Requested: $90,255 Exhibits: Change of Contract No.3 Budgeted Item: YES Exhibits: SUMMARY & RECOMMENDATION Sealed Bids, from pre qualified contractors, were received on November 15, 2004 for the construction of the Canada Road Project. The Engineer, Freese and Nichols, Inc. has submitted Change of Contract No. 3 to provide project representative services on site during the construction to ensure the construction occurs in accordance with the approved plans and specifications. The construction contract is scheduled to occur over three hundred (300) calendar days. The Engineer proposes to furnish a project representative tor approximately 1,200 hours, over 45 weeks of construction. The estimated cost for the proposed inspection is $90,255 ($84,975 labor and $5,280 expenses). Action Required by Council: Approve an ordinance authorizing the City Manager to execute Contract Change No.3 with Freese and Nichols, Inc. to provide project representation in an amount not to exceed $90,255. Jd.---f)--()~ Date ORDINANCE NO. 2004-.21'T{ AN ORDINANCE APPROVING AND AUTHORIZING CHANGE OF CONTRACT NO. 3 BETWEEN THE CITY OF LA PORTE AND FREESE AND NICHOLS, INC. , ENGINEERS, TO AMEND THE ORIGINAL DESIGN CONTRACT TO PROVIDE PROJECT REPRESENTATION SERVICES ON THE CANADA ROAD IMPROVEMENT PROJECT, APPROPRIATING THE SUM NOT '1'0 EXCEED $ 9 0, 255 . 00, TO FUND SAID CONTRACT, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING '1'0 THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum not to exceed $77,042.00 from City of La Porte Fund 015 - Project No. 766, and the sum not to exceed $13,213.00 from City of La Porte Fund 003 - Project 899, to fund said contract. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and aftex its passage and approval, and it is so ordered. PASSED AND APPROVED, this 13th day of December, 2004. By: CITY OF LA PORTE ~t?~ Alton E. Porter Mayor ATTEST: (111/lyAt (j. r!iU1JJ ar a A. G~llett City Secretary &~w~ Knox W. Askins city Attorney 2 1111 Freese NichOlS,Inc. Engineers Environmental Scientists Architects 2010 East Broadway Pearland, TX 77581-5502 281/485-2404 281/485-4322 fax www.freese.com November 18, 2004 FNIOI-525 Mr. Steve Gillett Director of Public Works City of La Porte 2963 North 23rd Street La Porte, Texas 77571 Re: Canada Road Inspection Services Dear Steve: Please find enclosed two (2) original copies of our Change of Contract No.3 for the referenced project. This change order is for the requested inspection services. Our services and fee is based on approximately 1,200 hours of inspection time spanning 45 weeks of construction plus expenses, and some inspector-project manager coordinations. The inspection hours average out to be abut 26 hours per week. We propose to manage our inspector's time in such a way to decrease or increase his weekly on-site presence in accordance with amount of work being performed by the Contractor. The total fee for this change of Contract No.3 is proposed to be $90,255 ($84,975 labor and $5,280 expenses). The details of costs associated with above items are included in the attached documents. We are looking forward to undertake these additional services to complete this important project for the City. Upon approval, please forward one copy of executed document to us. Please call me if you have any questions. Sincerely, ~--~ ~ Mehran (Ron) Bavarian, P.E. Associate Houston Area Manager Enclosure T:LPTO 1-525Gillet9tltr .. CONTRACT CHANGE AUTHORIZATION NO.3 FREESE. NICHOLS Client: City of La Porte F&N Project No.: LPT 01-525 Client Contract Ref.: Date: 11-17-04 Project Description: Canada Road Paving, Drainage, Water, & Sewer Improvements Description of Services Added: Provide Approximately 1,200 hours of on-site Project Representation (Inspection) during the 45-week Construction Phase plus some Project Manager-Inspector coordination hours and associated reimbursables. Deliverables: On-site Inspection during construction and site visit reports. Compensation shall be adjusted as follows: Increase authorized total fee from $322,220 to $412,475. Original Authorized Contract wI CO's #1 & 2 $320,220.00 $415,475.00 Revised Total Contract Schedule shall be adjusted as follows: None The above described services shall proceed upon return of this Contract Change Authorization. Services will be billed as they are done. All other provisions, terms, and conditions of the agreement for services which are not expressly amended shall remain in full force and effect. ~ A contract modification will be submitted. This Contract Change Authorization will serve as contract modification. FREESE AND NICHOLS, INC.: BY: ~-/--A ~ CITY OF LA PORTE: ~ " II BY: r/fJLb1AJ m~fl~ TITLE: ~ ~ \/ ~ A ~ A la DATE: ri ~ TITLE: Associate/Houston Area Manaqer DATE: November 17, 2004 DISTRIBUTION: _ PM, _ GROUP MGR., _ DISC. LDR., _ OPER. ANAL., CONTRACT ADMIN. 4055 INTERNATIONAL PLAZA, SUITE 200 I FORT WORTH, TEXAS 76109-4895 I TELEPHONE: 817-735-7300 I METRO: 817-429-1900 I FAX: 817-735-7491 U:\FORMS\CONTRACT\CONTRACT CHANGE REQUEST. DOC SUPPLEMENTAL SCOPE OF SERVICES TO CANADA ROAD PROJECT ARTICLE I Freese and Nichols, Inc. (FNI) shall render the following supplemental services to the City of La Porte (OWNER) in connection with addition of part-time on-site Inspection (project Representation) Services for Canada Road Paving, Drainage, Water and Sanitary Sewer Improvements Project from Spencer Highway to Fairmont Parkway: A. PRELIMINARY AND DESIGN PHASE a. BASIC SERVICES: Unchanged b. ADDITONAL SERVICES: Unchanged B. CONSTRUCTION PHASE a. BASIC SERVICES: Unchanged b. ADDITIONAL SERVICES: 1. Provide part-time (1,200 hours over 45-week period) Project Representation above periodical visits during the Construction Phase. Project Inspector (Representative) will act as OWNER's on- site representative while he is on site. The Project Representative will act as directed by FNI in order to provide additional representation at the Project site during the Construction Phase. Through more on-site observations of the work in progress and field checks of materials and equipment by the Part-Time Project Representative and assistants, FNI shall endeavor to provide further protection for OWNER against defects and deficiencies in the work. 2. Provide additional Construction Phase reimbursable expense for the Project Representative vehicle mileage, etc. ARTICLE II - Unchanged ARTICLE III - Unchanged ARTICLE N - Unchanged ARTICLE V - Unchanged SC - 1 T:LPT01525Supplemental Scope of Services FNI ...-t1?~ OWNER SUPPLEMENTAL COMPENSATION A Not to Exceed: The revised fees for the services rendered in the Preliminary, Design, Bid and Construction phases of Project as defined in Attachment SC of original agreement and Supplemental Scope described herein shall be computed on the basis ofthe Schedule of charges (see Exhibit "A") but shall not exceed the following: Total I. Supplemental Preliminary and Design Phase Supplemental Original Revised (upon authorization by OWNER) #3 Fees F ees/w Fees Suppl#1&2 a. Basic Services: Items Al through A. 9 of Supplemental #2 $189,475 $189,475 b. Additional Services: -Topographical survey (Subconsultant plus 10%) (Item Ab.1.) $34,540 $34,540 -Geotechnical Investigation (Subconsultatn plus 1 0%) (Original of supplemental #1) $4,400 $4,400 -Traffic control plans, signal modification plans at Spencer Hwy, and addition of Signal Warrant Study and Signal plans for Fairmont intersection. (Item A b..2.) $30,915 $30,915 -Stormwater Pollution Prevention Plans (Item A b. 3.) $7,000 $7,000 -Hydraulic Impact analysis Report (cost not-to-exceed) (original scope plus Supplemental #2) (Item A b. 4) $13,260 $13,260 -Design Phase reimbursable expense (cost plus 10%) (Item A b. 5) $2,475 $2,475 Subtotal $0.00 $282,065 $282,065 2. Construction Phase (upon authorization by OWNER) a. Bidding (Items B.a.I. through B.a.7) $3,850 $3,850 b. Construction (Items B.b.1 through B.b.13) $31,180 $31,180 c. Additional Services: -Assistance in bidders pre-qualification (cost-not-to-exceed) (Item B.c.1) $2,430 $2,430 -Construction Phase reimbursable expense (cost plus 10%) (Item B.c.2) $5,280 $2,695 $7,975 d. -Inspection (Project Representation Additional) $84,975 $84,975 Subtotal $90,255 $322,220 $412,475 Total Fee not-to-exceed $90,255 $322,220 $412,475 If FNI sees the Scope of Services changing to that additional services are needed other than those listed in Scope of Services, FNI will notify OWNER for OWNER'S approval before proceeding. Additional services shall be computed Based on the Schedule of Charges. Statements for services shall not be submitted more frequently than monthly. B. Schedule of Charges: (See Exhibit "A") CO -1 FNI ~g OWNER T:LPTOl525Supplemental Compensation2 .. '2""'",'" ~ .:Ol. ~ ' EXHIBIT "A" Freese NichOlS,Inc. Engineers Environmental Scientists Architects 2010 East Broadway Pearland, TX 77581-5502 281/485-2404 www.freese.com SCHEDULE OF CHARGES POSITION PRINCIP AL OF FIRM OFFICE MANAGER SENIOR PROJECT MANAGER PROFESSIONAL ENGINEER/PROJECT MANAGER DESIGN ENGINEER SR. CADD DESIGNER CADD OPERATOR RESIDENT CONSTRUCTION INSPECTOR CONTRACT/OPERATIONS ANALYST WORD PROCESSING/SECRETARIAL The ranges and individual salaries will be adjusted annually. EXPENSES 281/485-4322 fax MIN 155 145 135 95 75 50 45 65 65 50 MAX 225 155 150 105 90 60 50 75 75 65 Plottin2 Bond Color Vellum Mylar $ 2.00 per plot $ 3.50 per plot $ 4.00 per plot $10.00 per plot Printinl! BluelineslBlacklines Offset and Xerox Copies Binding Tape Binding $0.13 per square foot $0.07 per side copy $2.00 per book $1.75 per book Computer and Cadd PC Cad Stations $ 10.00 per hour PC Stations $ 8.00 per hour OTHER DIRECT EXPENSES Other direct expenses are reimbursed at actual cost times multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Pearland and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent persons other than staff members. T .1ptO 1 1525FN2004ScheduleofCharges. doc REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: liUO~ Appropriation Requested By: S Gillett Source of Funds: Fund 43 Department: Public Wgrkli Account Number: 043-9892-883-1100 Report: Resolution: Ordinance: x Amount Budgeted: $1,700,000 Exhibits: Ordinance Amount Requested: $1,386,485 Exhibits: Bid Tabulation and Ene.ineer's Recommendation Budgeted Item: YES Exhibits SUMMARY & RECOMMENDATION Sealed bids were received from pre-qualified contractors on November 16, 2004 for the construction of Fire Station No.2. Seven contractors pre-qualified under the terms of Section 2- 106 of the City's Code of Ordinances. Six bidders attended the mandatory Pre-bid Conference, and four turned in bids. A bid tabulation is attached. The base bid and Alternate No. 1 (add) and Alternate No.5 (deduct) were selected. Low bid with Alternate No.1 & 5 was submitted by Hull & Hull, Inc. for a net price of$I,320,462. A five percent (5%) contingency of$66,023 is also recommended. Action Required by Council: Approve Ordinance authorizing the City Manager to execute a contract with Hull & Hull, Inc. for the construction of Fire Station No.2 for a net cost of $1 ,320,462, with a five percent (5%) contingency of $66,023. I;}.-g -oct Date ORDINANCE NO. 2004 - .2 '11 ~ AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND HULL << HULL, INC., FOR THE CONSTRUCTION OF FIRE STATION NO.2, APPROPRIATING $1,320,462.00 PLUS A CONTINGENCY OF $ 6 6 , 023 . 00 , TO FUND SAID CONTRACT, KAlCING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The city Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum of $1,320,462.00 plus a contingency of $66,023.00, from Fund 043, Project No. 883, to fund said contract. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Codei and that this meeting has been open to the pUblic as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 13th day of December, 2004. CITY OF LA PORTE ~LY~ By: Alton E. Porter Mayor ATTEST: '~~ AuJJ Mar ha A. Gillett City Secretary APPROVED: ~tv.< Knox W. Askins City Attorney 2 DANSBY & MILLER 0 AlA 0 ARCHITECTS November 22, 2004 Mr. Stephen L. Gillett Director of Public Works City of La Porte La Porte, Texas 77571 RE: Fire Station No.2 CLP Project No. 99-2206 CLP Bid No.: 04039 D&M No.: 328-1 Dear Mr. Gillett: In consideration of the bids received from the prequalified general contractors, we recommend that a contact be awarded to the low bidder, Hull & Hull, Inc. to construct the new Fire Station No.2 for the City of La Porte. Based upon the prequalification information and our previous experience with Hull & Hull, Inc. we consider them as very qualified to construct this facility. The contract amount including the Base Bid, and Alternates No. I and No. 5 will be $1,320,462.00. Their bid requires a contract time of 240 calendar days to substantially complete the work of this project. - A list of the proposed preapproved subcontractors for mechanical, electrical and plumbing work is attached. Sincerely, DANSBY & MILLER, AlA ARCHITECTS cc: Romney E. Dansby - D&M f\\\CO~6 '-\'\~'~\ V" S7\O 't, t--~~ ;\\\\~ , " \ C\1~1'J~ WILLIAM K. MILLER, AlA ROMNEY E. DANSBY, AlA (713) 941-2751 102 E. EDGEBROOK, HOUSTON, TEXAS 77034 FAX (713) 941-5408 FIRE STATION NO.2 BID TABULATION 11/16/2004 IAddendum 1-3 YES YES YES YES ICALENDAR DAYS 240 240 300 240 All. No.1 Remove and Replace Existing Chain Link Fencing on West Property line. All. No.2 Add Mechanical Yard Wall Screen, Gate and Slab. All. No.3 Add Courtyard Yard Wall Screen, Gate and Slab. All. No.4 Add Concrete Sollards to each side of Overhead Doors All. No.5 Provide Polyester enamel finish in lieu of specified powdwe coat finish on Overhead Doors. lIIIIII'AIA '.. .. .. .;~... Document A101™ -1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the Twenty-second day of December in the year of Two Thousand and Four (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) City of LaPorte 604 W. Fairmont Pkwy LaPorte, Texas 77571 Telephone Number: 281.471.5020 ADDlnONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AlA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AlA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. and the Contractor: (Name, address and other information) 1 Hull & Hull, Inc., General Corporation 2223 Kelley Street Houston, Texas 77026 Telephone Number: 713.699.2577 Fax Number: 713.699.2581 The Project is: (Name and location) City of LaPorte Texas Fire Station No.2 9710 Spencer Highway LaPorte, Texas 77571 CLP Project. No. 99-2206 AlA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. The Architect is: (Name, address and other information) Dansby & Miller, AlA Architects, Partnership 102 E. Edgebrook Houston,Texas 77034 Telephone Number: 713.941.2751 Fax Number: 713.941.5408 This document has been approved and endorsed by The Associated General Contractors of America. The Owner and Contractor agree as follows. AlA Document A101™ -1997. Copyright @1915, 1918,1925,1937,1951 1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 13:55:41 on 12/2112004 under Order No.1 0001 05266_1 which expires on 03114/2005, and is not for resale. User Notes: (1592063432) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION S 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement ilit differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) The commencement date will be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: Two Hundred Forty Calendar Days S 3.2 The Contract Time shall be measured from the date of commencement. S 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 240 days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certaln portions of the Work.) Portion of Work SUbstantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) The Contractor and the Contractor's surety shall be liable for and shall pay the Owner the sums hereinafter stipulated as liquidated damages for each calendar day of delay after the date established for substantial completion in the Contract Documents until the work is substantially complete. From the compensation otherwise to be paid, the Owner may retain the sum of $1,000.00, for each calendar day that the work remains uncompleted, which sum is agreed upon as the proper measure of liquidated damages that the Owner will sustain per day upon the failure of the Contractor to substantially complete the work in the time stipulated, and this sum is not to be construed in any sense as a penalty. ARTICLE 4 CONTRACT SUM S 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Million Three Hundred Twenty Thousand Four Hundred Sixty-two Dollars and Zero Cents ($ 1,320,462.00), subject to additions and deductions as provided in the Contract Documents. AlA Document A101T11-1997. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The American Institute of Architects. Atl rights reserved. WARNING: This AlA Document is protected by U.s. Copyright Law and International Treaties. 2 Unauthorized reproduction or distribution of this AlA Document, or any portion of it, may result in uvere civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 13:55:41 on 12/2112004 under Order No.1 0001 05266_1 which expires on 03114/2005, and is not for resale. User Notes: (1592063432) S 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identi6cation of accepted alternates. If decisiollS on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) Alternate No.1 - Chainlink Fencing: ADD $2,027.00. Alternate No.5 - Apparatus Bay Doors: DEDUCT $18,229.00 S 4.3 Unit prices, if any, are as follows: Description Reference attached Exhibit A - Unit Prices Units Price ($ 0.00) ARTICLE 5 PAYMENTS S 5.1 PROGRESS PAYMENTS S 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. S 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: S 5.1.3 Provided that an Application for Payment is received by the Architect not later than the First day of a month, the Owner shall make payment to the Contractor not later than the Twenty-fifth day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than thirty (30 ) days after the Architect receives the Application for Payment. S 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Application s for Payment S 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. S 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent ( 5.00% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AlA Document A201-1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( 5.00%); .3 Subtract the aggregate of previous payments made by the Owner; and AlA Document A101TJ1-1997. Copyright @ 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1980, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA Document is protected by U.S. Copyright Law and International Treaties. 3 Unauthorized reproduction or distribution of this AlA Document, or any portion of it, may result in severa civil and criminal penahles, and wiH be prosecuted to the maximum extent possible under thalaw. This document was produced by AlA software at 13:55:41 on 12/21/2004 under Order NO.1 0001 05266_1 which expires on 03114/2005, and is not for resale. User Notes: (1592063432) .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AlA Document A201-1997. S 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion ofthe Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AlA Document A20l-l997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AlA Document A201-1997. S 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (9 it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) Upon final completion of the work and the final certificate of payment is issued by the Architect, five percent (5.00%) retainage shall be withheld from payments to the Contractor. S 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. S 5.2 FINAL PAYMENT S 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AlA Document A201-1997, and to satisfy other requirements, if any, which extend beyond fmal payment; and .2 a final Certificate for Payment has been issued by the Architect. S 5.22 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: No later than 30 days after the issuance of the Architect's final Certificate for Payment. ARTICLE 6 TERMINATION OR SUSPENSION S 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AlA Document A201-1997. S 6.2 The Work may be suspended by the Owner as provided in Article 14 of AlA Document A201-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS S 7.1 Where reference is made in this Agreement to a provision of AlA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. S 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) AlA Document A101no -1997. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987,1991 and 1997 by The American Institute of Architects. All rights reHrved. WARNING: This AlA Document is protected by U.S. Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AlA Document, or any portion of it, may resull in severe civil and criminal penallies, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 13:55:41 on 12/2112004 under Order No.1 0001 05266_1 which expires on 03114/2005, and is not for resale. User Notes: (1592063432) ) per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewbere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or walvers.) S 7.3 The Owner's representative is: (Name, address and other information) Mr. Steve Gillett 604 W. Fairmont Pkwy LaPorte, Texas 77571 281.471.9650 S 7.4 The Contractor's representative is: (Name, address and other information) William C. Hull 2223 Kelley Street Houston, Texas 77026 Telephone Number: 713.699.2577 Fax Number: 713.699.2581 Mobile Number: 713.545.5060 wchull@sanjac.net S 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. S 7.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS S 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: S 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AlA Document A101-1997. S 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AlA Document A201-1997. S 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated September 29, 2004 , and are as follows Document 00800 Title Supplementary Conditions of the Contract for Construction Pages 27 S 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Exhibit B, Table of Contents, Specification Sections listed under Construction Products and Activities, Division I thru 16. AlA Document A101T11 -1997. Copyright @ 1915,1918, 1925. 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA Document is protected by U.S. Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AlA Document, or any portion of it, may resun in severe civil and criminal penanles. and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 13:55:41 on 12/21/2004 under Order NO.1 0001 05266_1 which expires on 0311412005. and is not for resale. User Notes: (1592063432) S 8.1.5 The Drawings are as follows, and are dated as shown on exhibit unless a different date,iS shown below: (Either list the Drawings here or refer to an exhibit aJtaChed to this Agreement.) Title of Drawings exhibit: Exhibit C, Document 00015, List of Drawings. S 8.1.6 The Addenda. if any, are as follows: Number I 2 3 Date 1110312004 11/1012004 11/1112004 Pages lwithattacbmcnts 3 with RttsI('h1l'll!QtS 3 with SI~1I1lDs Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. .'. S 8.1.7 Other documents. if any, forming part of the Contract Documents arc as follows: (List here any additional document3 that are intended to form part of the Contract Documents. AlA Document A201- 1997 provides that bidding requirement3 such as advertisement or invitation to bid, llUtructiolU to Bidders. sample forms and the Contractors bid are not part of the Contract lJocuments unless enumerated in this Agreement. 1hey should be listed here only ifintended to be part of the Contract Documents..) Document 00811 - Wage Rates, 4 pages This Agreement is entered into as of the day and year first copies, of which one is to be delivered to the Contractor, 0 Contract, and the remainder to the Owner. three original . tration of the AlA Document A101- -1997. Copyright 01915, 1918, 1925. 1937. 1951, 1958. 1981, 1983, 1987. 1974, 1977. 1980, 1987.1991 and 1997 by The American .Instllula of An:hltects. All rights ~ ;.VARNING: This AlA Document Is protected by U.s. Copyright Law and International Treaties. e Unautnonzea reprOductlon or distribution of this AlA Document. or any ponton of It. may result In ___ civil and criminal penaltl.., and will be prosecuted to the maximum extent possible under the law. TNs dclc:un8lt _ pcoduced by AlA lIOftMu8 at 13:55;41 on 12/2112004 under Older No.1 0001 05266_1 which expinIs on 03I1.v.!005. and Is not for 18SlIle. U_ Hollis: (1592083432) Exhibit "A" 1 PART TWO - PRODUCTS - (Not Applicable) 2 PART THREE - EXECUTION 1. UNIT PRICE SCHEDULE A. Drilled Pier Footings: Reference Section 02466 Drilled Concrete Piers and Shafts SCHEDULED SHAFT SHAFT CASING PER PROVIDE 2:1 BELL TO DRILL AS STRAIGHT BELL SIZE FOOTING SHAFT RATIO (NO SHAFTS EQUAL TO SIZE CASING) OF SCHEDULED BELL Ref. notes 2, 3 Ref. note 3. 12/24 footing $100 $20 $105 12/30 footing $100 $35 $136 12/36 footing $100 $35 $195 14/42 footing $120 $40 $267 16/48 footing $120 $45 $365 18/54 footing $140 $50 $505 20/60 footing $200 $65 $657 20/48 footing $16 $55 $355 20/54 footin!!' $180 $60 $500 B. Notes for Drilled Pier Footings Unit Prices: 1. Insert "N/ A" for any footing sizes indicated herein but not indicated on the drawings. 2. If the required shaft diameter will not be a standard diameter, the next largest size shall be used. 3. Pier reinforcing requirements will not increase if shaft diameter increases, and shall remain as scheduled. 4. The decision to use one of the above alternate footing installations and to determine which installation is best suited shall be made by the geotechnical engineer at the time of drilling. The procedure to be used shall be to try installing the original design and if the footings cannot hold the required shape to allow proper installation, then the best and least expensive alternate shall be used. The final depth of the footing shall be determined and recorded by the geotechnical engineer at the time of drilling. 5. Record of footing depths and locations of alternate footing construction shall be maintained by the geotechnical engineer during drilling. This shall be the record for payment of any additional cost. END OF SECTION Project No.: 328-1 01270-1 Exhibit "B" PROJECT MANUAL TABLE OF CONTENTS DOCUMENT OR SECTION NO. OF PAGES INTRODUCTORY INFORMATION 00015 LIST OF DRAWING..................................................... 2 BID REQUIREMENTS NOTICE TO BIDDERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 00200 INSTRUCTIONS TO BIDDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 00320 GEOTECHNICAL INFORMATION ....................................... 2 00410 BID FORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 00430 BID SUPPLEMENT .................................................... 2 00451 SUBCONTRACTOR QUALIFICATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 00452 SUBCONTRACTOR QUALIFICATION STATEMENT. . . . . . . . . . . . . . . . . . . . . . .. 2 00453 AFFIDAVIT OF NON-COLLUSION ....................................... 1 CONTRACTING REQUIREMENTS 00500 AGREEMENT (AIADOCUMENT A101) ................................... 1 00610 PERFORMANCE BOND ................................................ 2 00611 PAYMENT BOND ..................................................... 2 00612 ONE YEAR MAINTENANCE BOND ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 00700 GENERAL CONDITIONS (AIA DOCUMENT A201) ........................ 39 00800 SUPPLEMENTARY CONDITIONS OF THE CONTRACT FOR CONSTRUCTION 27 00811 WAGERATES ........................................................ 4 CONSTRUCTION PRODUCTS AND ACTIVITIES DIVISION 1 - GENERAL REQUIREMENTS 01110 SUMMARY OF WORK ................................................. 2 01140 COORDINATION AND MEETINGS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 01210 ALLOWANCES........................................................ 3 01230 ALTERNATES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 01310 CONSTRUCTION SCHEDULE........................................... 2 01330 SUBMITTAL PROCEDURES ............................................ 4 01410 QUALITY CONTROL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 01420 REFERENCE STANDARDS ............................................. 5 01450 TESTING LABORATORY SERVICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 3 Proj.No.328-J Exhibit B TOC-1 01500 TEMPORARY FACILITIES.............................................. 6 01560 TRENCH SAFETY SYSTEM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 01572 SOURCE CONTROLS FOR EROSION AND SEDIMENTATION............... 4 01573 FILTER FABRIC FENCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 01574 REINFORCED FILTER FABRIC BARRIER................................. 3 01575 STABILIZED CONSTRUCTION EXIT. ... . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. 4 o 1600 MATERIALS AND EQUIPMENT ......................................... 3 01732 CUTTING AND PATCHING ............................................. 4 01770 CLOSEOUT PROCEDURES ............................................. 7 DIVISION 2 - SITE CONSTRUCTION 02310 SITE CLEARING, GRADING AND FILLING ............................... 7 02315 BUILDING EXCAVATION AND FILL..................................... 4 02317 EXCAVATION AND BACKFILL FOR UTILITIES ........................... 4 02340 LIME STABILIZATION ............ .....................................4 02360 TERMITE TREATMENT ......... ....................................... 3 02466 DRILLED CONCRETE PIERS AND SHAFTS ............................... 6 02630 STORM DRAINAGE ................................................... 6 02750 CONCRETE PAVING, CURBS AND SIDEWALKS .......................... 6 02761 PAVEMENT MARKINGS AND WHEELSTOPS ............................ 3 02820 FENCING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 02895 PARKING SIGNS ...................................................... 3 02911 TOPSOIL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 02921 HYDROMULCH SEEDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 DIVISION 3 - CONCRETE 03310 CAST IN PLACE CONCRETE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 DIVISION 4 - MASONRY 04200 UNIT MASONRY ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18 DIVISION 5 - METALS 05120 STRUCTURAL STEEL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 05210 OPEN WEB STEEL JOISTS.............................................. 6 05310 STEEL FORM DECK ................................................... 3 05400 COLD FORMED METAL FRAMING ...................................... 6 05500 METAL FABRICATIONS ............................................... 6 Proj .No.328-1 Exhibit B TOC-2 DIVISION 6 - WOOD AND PLASTICS 06100 ROUGH & FINISH CARPENTRy......................................... 4 06220 MILLWORK .......................................................... 3 DIVISION 7 - THERMAL AND MOISTURE PROTECTION 07100 DAMPPROOFING & WATERPROOFING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 07210 BUILDING INSULATION ............................................... 4 07410 PREFORMED METAL PANELS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 07610 SHEET METAL ROOFING. . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. 8 07620 SHEET METAL & TRIM ................................................ 4 07840 FIRES TOPPING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 07920 JOINT SEALANTS .................................................... 10 DIVISION 8 - DOORS AND WINDOWS 08110 HOLLOW METAL DOORS & FRAMES ................................... 4 08221 PLASTIC FACED WOOD DOORS ........................................ 3 08331 ROLLING SERVICE DOOR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 08365 OVERHEAD SECTIONAL DOOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 08410 ALUMINUM ENTRANCE DOORS AND FRAMES .......................... 5 08710 FINISH HARDWARE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 11 08800 GLAZING ............................................................ 7 08817 FIRE-RATED GLASS................................................... 5 DIVISION 9 - FINISHES 09260 GYPSUM BOARD ASSEMBLIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 09310 CERAMIC TILE ....................................................... 4 09510 SUSPENDED ACOUSTICAL CEILINGS ................................... 4 09650 RESILIENT FLOORING AND BASE ...................................... 7 09910 PAINTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8 DIVISION 10 - SPECIALTIES 10165 TOILET PARTITIONS .................................................. 3 10210 METAL LOUVERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 10350 FLAGPOLE........................................................... 4 10441 BUILDINGGRAPHICS .................................................4 10500 LOCKERS ............................................................ 4 10670 STORAGE SHELVING.................................................. 2 10810 TOILET ROOM ACCESSORIES .......................................... 4 Proj .No.328-1 F"hihitR TOC-3 DIVISION 11 - EQUIPMENT 11135 PROJECTION SCREENS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 11450 RESIDENTIAL KITCHEN EQUIPMENT ................................... 3 DIVISION 12 - FURNISHINGS 12320 MANUFACTURED CASEWORK. . . ... . .. . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . .6 12490 HORIZONTAL BLINDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 DIVISION 13 - SPECIAL CONSTRUCTION - Not Used DIVISION 14 - CONVEYING SYSTEMS - Not Used DIVISION 15 - MECHANICAL 15010 MECHANICAL GENERAL PROVISIONS ................................... 7 15025 OPERATING AND MAINTENANCE MANUALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 15026 CONTRACT QUALITY CONTROL... . .... . . . . . . . . .. . . . . . . . . . . . . .... .. . . . . 3 15030 ELECTRICAL PROVISIONS OF MECHANICAL WORK. . . . . . . . . . . . . . . . . . . . . . . 3 15031 COORDINATION OF TESTING AND BALANCING. . . . . . .. . . . . . . . . . .. . . . . . . .2 15032 TESTING, BALANCING & ADJUSTING (TAB) OFENVIRONMENTALSYSTEMS ..................................... ..12 15010 MECHANICAL GENERAL PROVISIONS ...................................7 15040 SHOP DRAWINGS, COORDINATION DRAWINGS & PRODUCT DATA ........6 15052 CONDENSATE DRAIN PIPING SYSTEM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 15056 EARTHWORK......................................................... 8 15058 ACCESS DOORS ....................................................... 1 15080 PRESSURE AND TEMPERATURE INSTRUMENTS.......................... 3 1511 0 VALVES, STRAINERS AND VENTS . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 15125 HEATING AND COOLING COILS......................................... 2 15200 VIBRATION ISOLATION ................................................ 4 15250 MECHANICAL PIPING INSULATION...................................... 7 15260 EXTERNAL DUCT INSULATION ......................................... 5 15403 PLUMBING FIXTURES AND FIXTURE CARRIERS ........ . . . . . . . . . . . . . . . . . . 5 15406 DOMESTIC WATER PIPING AND APPURTENANCES ....................... 3 15408 SOIL, WASTE AND SANITARY DRAIN PIPING, VENT PIPING ANDAPPURTENANCES ...................... .......... ... .... .........4 15409 ROOF DRAINAGE PIPING AND APPURTENANCES . . . . . . . . . . . . . . . . . . . . . . . . .2 15410 GAS PIPING ........................................................... 3 15501 FIRE PROTECTION SySTEM............................................. 5 15651 REFRIGERANT PIPING AND APPURTENANCES........................... 2 15661 AIR COOLED CONDENSING UNIT........................................ 2 15760 ELECTRIC UNIT HEATERS (ADD NO.2) ..................................2 15763 AIR HANDLING UNITS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Proj.No.328-1 Exhibit B TOC-4 15810 DUCTWORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 15820 FANS ................................................................. 5 15860 AIR DEVICES ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 15900 AUTOMATIC TEMPERATURE CONTROLS .............................. .12 DIVISION 16 - ELECTRICAL 16010 ELECTRICAL GENERAL PROVISIONS .................................... 9 16025 OPERATING AND MAINTENANCE MANUALS .............................6 16040 SHOP DRAWINGS, COORDINATION DRAWINGS, & PRODUCT DATA . . . . . . . . 7 16110 CONDUIT SYSTEMS. .. .. . . . .. . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .7 16115 ELECTRICAL GUTTERS AND WlREW A YS ................................ 2 16120 CONDUCTORS AND CONNECTORS...................................... 5 16121 ELECTRICAL CONNECTIONS FOR EQUIPMENT ...........................2 16130 ELECTRICAL BOXES AND FITTINGS ..................................... 4 16140 WIRING DEVICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 16155 MOTOR STARTERS ....................................................4 16160 P ANELBOARDS AND ENCLOSURES. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 4 16170 SAFETY AND DISCONNECT SWITCHES.................................. 2 16180 FIRES TOPS ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 16181 FUSES ................................................................ 2 16401 ELECTRICAL SERVICE ENTRANCE ...................................... 1 16450 ELECTRICAL GROUNDING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 16460 TRANSFORMERS ...................................................... 4 16501 LIGHTING FIXTURES AND LAMPS....................................... 4 16627 STANDBY GENERATOR SETS ...........................................9 16722 SMOKE DETECTION DEVICES FOR MECHANICAL EQUIPMENT. . . . . . . . . . . . . 2 16725 FIRE ALARM AND SMOKE DETECTION SYSTEM. . . . . . . . . . . . . . . . . . . . . . . . . 33 16945 MISCELLANEOUS ELECTRICAL CONTROLS AND CONTROL WIRING ....... 2 16950 ELECTRICAL CONT ACTORS ............................................ 3 Proj.No.328-1 Exhibit B TOC-5 Exhibit "e" DOCUMENT 00015 LIST OF DRAWINGS COVER SHEET CIVIL C1.0 SITE GRADING AND UTILITY PLAN C2.0 DRAINAGE PLAN C3.0 CIVIL DETAILS, SITE DEVELOPMENT C4.0 GENERAL NOTES, SITE DEVELOPMENT SITE SURVEY DRAWING (INFORMATION ONLY) ARCHITECTURAL AO.OO CODE ANALYSIS, GENERAL INFORMATION Al.OO SITE PLAN A1.01 SITE DETAILS Al.02 SITE DETAILS A2.00 FLOOR PLAN, ROOM FINISH SCHEDULE, PLAN DETAILS A2.01 CEILING PLAN A2.02 ENLARGED FLOOR PLANS, INTERIOR ELEVATIONS A2.03 ROOF PLAN A3.00 BUILDING ELEVATIONS A4.00 BUILDING SECTIONS A4.01 WALL SECTIONS A4.02 WALL SECTIONS A4.03 WALL SECTIONS A4.04 WALL DETAILS A5.00 DOOR, FRAME & WINDOW SCHEDULES A5.01 DOOR & WINDOW DETAILS A5.02 DOOR & WINDOW DETAILS STRUCTURAL SO.OI S1.01 S3.01 S4.01 S4.02 GENERAL NOTES FOUNDATION PLAN ROOF FRAMING PLAN FOUNDATION DETAILS FOUNDATION DETAILS Proj.No.328-1 Exhibit C 00015-1 S6.01 ROOF FRAMING DET All.S S6.02 ROOF FRAMING DETAILS MECHANICAL, ELECTRICAL, PLUMBING MEP1.01 M~.OI M2.02 M2.03 M2.04 M2.05 E2.0t E2.02 E2.03 E2.04 P2.01 P2.02 P2.03 ADD2.01 ADD2.02 ADD3.1 ADD3.2 ADD3.3 Proj.No.328.1 t:vl.tJ.,.;.r MEP SITE PLAN MECHANICAL FLOOR PLAN MECH~CALFLOORPLAN MECH~CALFLOORPLAN MECH~CAL DET All.S MECH~CALSCHEDULES ELECTRICAL LIGHTING FLOOR PLAN ELECTRICAL POWER FLOOR PLAN ELECTRICAL ONE-LINE, SCHEDULES AND RISERS ELECTRICAL DETAILS PLUMBING FLOOR PLAN PLUMBING DETAILS AND RISERS PLUMBING SCHEDULES ELEV A TIONS DISCHARGE DRAIN PIPE GATE DETAllB METAL PANEL DETAILS SOFFIT TRIM END OF DOCUMENT 00015-2 DANSBY & MILLER [J AlA [J ARCHITECTS , DOCUMENT 00900 ADDENDUM NO. 1 . ...;1 ... DATE: November 3, 2004 PROJECT NAME: Fire Station No.2 City of La Porte, Texas CLP Project No. 99-2206 CLP Bid No. 04039 . TO: *' ,orf:r 810\\ .p ~lj OF ~ ~ O~ . 6fp. UJ Fe0 of This Addendum forms a part of the Contract Documents and modifies the original Bidding Documents as noted below. Acknowledge receipt of this Addendum in the space provided on the Bid Form. Failure to do so may subject Bidder to disqualification. PROJECT NO.: 328-1 Pre-qualified Bidders This Addendum consists of1 page and attachments as follows: · DOCUMENT 00800 SUPPLEMENTARY CONDITIONS OF THE CONTRACT, 27 pages. · DRAWING ADD1.0, Construction Project Sign 1 PART ONE - MODIFICATIONS TO PRIOR ADDENDA: Not Used 2 PART TWO - MODIFICATIONS TO CONTRACT REQUIREMENTS: .. 2.1 DOCUMENT 00800 - SUPPLEMENTARY CONDITIONS OF THE CONTRACT FOR CONSTRUCTION: Delete and replace with revised document, pages 1 thru 27 attached to this addendum. 3 PART THREE - MODIFICATIONS TO SPECIFICATIONS: 3.1 SECTION 16725 - FIRE ALARM AND SMOKE DETECTION SYSTEM, Para. 2.01.A, add Silent Knight as an approved manufacturer subject to compliance with specified requirements. 4 PART FOUR - MODIFICATIONS TO DRAWINGS: Not Used END OF ADDENDUM NO.1 Proj. No. 328-1 00900-1 WILLIAM K. MILLER, AlA ROMNEY E. DANSBY, AlA 102 E. EDGEBROOK, HOUSTON, TEXAS 77034 (713) 941-2751 FAX (713) 941-5408 . rf\ - . "'trf\ . ~ . rf\ . ~ I - rf\ - ~ I The City f La Porte Fire Stat on No.2 Alton E. P rter, Mayor 2" FONT City ouncil I 112" FONT ~___DistdctL:_Mj haeLMo~teR_______ ~ __Dls_td_ct5~_ QuisHigby________ --- - -~ District 2---C~b ck_E!!!lelke~ ~_. ... s _ ALLarge A -_.emr.J>riflith~ . _n . . .- _ _ District 3 - Hb,ward Ebow . ".::'~.. ______Djs1ric17=-_ ike_Clauseo__________ __ __Dlstrict 4.-_T mmy.Moser tr A:' _______AtLaJ-9-e_H--=_ _aJJy_Beasley___________ _ __O_E!t:>raFeazell ,City_Manag~L_____ _ _ _ __ _ _u____________u____~_._MikeBQaZi ._EireGhieL_~________ _______________________ .Assistant ire_Chiefs______ _ ____ __ ___ ________ ____James_W. .Crate._ Joseph_ LSease ..John C~D.unham__ _______________-.Dansby_&_MilleL _ __ JA_Arcbitects_____ __________Name_otGe eraLContractoL_____ - ~ I . rf\ . rf\ - rf\ - rf\ . rf\ - I_IZ)" 2'-IZ)"' 21-1Z)"' 21-1Z)"' 21-1Z)"' 2 114" FONT 3" FONT 4 "X4 " TREATED PO&T NOTES: ~I COLOR& &ELECTED BY ARCI-4ITECT ~2 BRACE &IGN TO PROviDE &TABLE IN&TALLATlON I I I I CONSTRUCTION PROJECT SIGN I 80ALE.~. t-o- I ...J I I I I I I I L-.1 ... b~ a ~IC ~'i~ ~ I ". ... o .. ZO A- I: . .2... .. ... "0 (#) ..t' ..- -u II. ~ II . II ; .. e 01= II: .. C ~ II: . .. .. - . Ell ... : Ie DOCUMENT 00800 SUPPLEMENTARY CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The Supplementary Conditions contain modifications and additions to the General Conditions of the Contract for Construction, AIA Document A20I, 1997 Edition. Where any part of the AIA General Conditions is modified or voided by the Supplementary Conditions, the unaltered portions shall remain in effect. The paragraph numbering system of AIA Document A-20I, 1997 Edition is continued in the Supplementary Conditions. ARTICLE 1 - GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS Add the following sentence to the end of Subparagraph 1.1.1: The Contract Documents executed or identified in accordance with Subparagraph 1.5.1 shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic operations involving computers. Add Clause 1.1.1.1 to Subparagraph 1.1.1: .1 The Contractor acknowledges and warrants that it has closely examined all the Contract Documents, that they are suitable and sufficient to enable the Contractor to complete the Work in a timely manner for the Contract Sum, and that they include all work, whether or not shown or described, which reasonably may be inferred to be required or useful for the completion of the Work in full compliance with all applicable codes, laws, ordinances, and regulations. 1.1.3 THE WORK Add Clauses 1.1.3.1 and 1.1.3.2 to Subparagraph 1.1.3: .1 The Work shall include the obligation ofthe Contractor to visit the site of the project before submitting a bid. Such site visit shall be for the purpose of familiarizing the Contractor with the conditions as they exist and the character ofthe operations to be carried on under the Contract Documents, including all existing site conditions, access to the site, physical characteristics of the site and surrounding areas. .2 Nothing in these General Conditions shall be interpreted as imposing on either the Owner or Architect, or their respective agents, employees, officers, directors, or consultants, any duty, obligation, or authority with respect to any items that are not intended to be incorporated into the completed project, or that do not comprise the ....~..; Work, including but not limited to the following: shoring, scaffolding, hoists, weatherproofing, or any temporary facility or activity, because these are the sole responsibility of the Contractor. Add Subparagraphs 1.1.8, 1.1.9, 1.1.10 and 1.1.11 1.1.8 ADDENDA Addenda are written or graphic instruments issued by the Architect prior to execution ofthe Contract which modify or interpret the Bid Documents by additions, deletions, clarifications, or corrections. Addenda shall become part of the Contract Documents, except portions of Addenda relating to proposing requirements. 1.1.9 NOT IN CONTRACT (NIC) Work not included in the work of this Contractor. 1.1.10 FURNISH, INSTALL AND PROVIDE .1 The word "furnish" as used in these documents, shall mean "to supply and deliver to the project site, ready for installation". .2 The word "install" as used in these documents, shall mean "place in position for service or use". .3 The word "provide" as used in these documents, shall mean the same as "furnish and install, complete and ready for intended use". 1.1.11 TECHNICAL TERMS Technical terms not defined in the Contract Documents shall have the meanings given in AlA "Glossary of Construction Industry Terms", 1991 Edition. Technical terms not defined in this Glossary and used to describe items of Work and which so applied have a well known technical or trade meaning, shall be held to have such recognized meaning. 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS Add Subparagraphs 1.2.4 and 1.2.5 asfollows: 1.2.4 In the case of an inconsistency between the Drawings and Specifications or within either Document not clarified by an Addendum, the Contractor is deemed to have included the better quality or greater quantity of Work in the contract sum. Clarifications of the inconsistency will be accomplished with the Contractor after award of Contract, and, if necessary, an appropriate reduction in the Contract will be accomplished by Change Order. ? 1.2.5 In the case of an inconsistency, conflict or discrepancy between a reference standard and the specifications, or with another reference standard, the contractor is deemed to have included the more stringent requirements in the Bid. Clarifications of the inconsistency, conflict or discrepancy will be accomplished as described in Subparagraph 1.2.4. Add the following Subparagraph 1.6.2 to Paragraph 1.6 1.6.2 Contractor's Use ofInstruments of Service in Electronic Form. 1.6.2.1 The Architect may, with the concurrence of the Owner, furnish to the Contractor versions of Instruments of Service in electronic form. The Contract Documents executed or identified in accordance with Subparagraph 1.5.1 shall prevail in case of any inconsistency with subsequent versions made through manipulatable electronic operations involving computers. 1.6.2.2 The Contractor shall not transfer or reuse Instruments of Service in electronic or machine readable form without the prior written consent of the Architect. ARTICLE 2 - OWNER 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER Delete Subparagraph 2.2.5 in its entirety and replace it with the following: 2.2.5 The Contractor will be furnished free of charge 25 copies of Drawings and Project Manuals. Additional sets will be furnished at the cost of reproduction, postage, handling and delivery. Add Subparagraph 2.2.6 2.3 OWNER'S RIGHT TO STOP THE WORK At Subparagraph 2.3.1, Add Clause 2.3.1.1: .1 Any delay resulting from such work stoppage shall not extend any Milestone Date identified in the Contract for Construction or the required dates of Substantial or Final Completion. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK Delete Subparagraph 2.4.1 in its entire~v and replace it with the following: 2.4.1 If the Contractor defaults or neglects to carry out the work in accordance with the Contract Documents and fails within seven (7) calendar days after receipt of written notice from the Owner to commence and continue correction for such default or neglect with ':\ ...,) diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, immediately correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from paYments then or thereafter due the Contractor the cost of correcting such deficiencies, including Owner expenses and compensation for the Architect's additional services and expenses made necessary by such default, neglect or failure such Change Order shall be deemed signed by the Contractor for the purposes stated in Subparagraph 7.2.1 even if the Contractor fails to physically sign such Change Order. ARTICLE 3 - CONTRACTOR 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR At Subparagraph 3.2.1, add Clause 3.2.1.2 .2 The Contractor shall examine the site of the Work and adjacent premises and the various means of approach to the site, and shall make all necessary investigations in order to inform itself thoroughly as to the character and magnitude of all work involved in the complete execution of the work shown in the Contract Documents. The Contractor shall further inform itself as to the facilities for delivering, handling, and installing the construction plant and other equipment and the conditions and difficulties that will be encountered in the performance of the Work. No plea of ignorance of condition that exist or that may hereafter exist, or ofthe difficulties that will be encountered in the performance of the work, as a result of failure to make necessary examinations and investigations, will be accepted as sufficient excuse for any failure or omission on the part of the Contractor to fulfill in every detail all the requirements of the Contract Documents or will be expected as a basis for any claim whatsoever for extra compensation or for an extension of time. Add the following after first sentence of Subparagraph 3.2.2: The accuracy of grades, elevations, dimensions, or locations of existing conditions is not guaranteed by the Architect or Owner, and the Contractor is responsible for verifying same. Add Subparagraphs 3.2.4,3.2.5,3.2.6 and 3.2.7 asfollows: 3.2.4 The Contractor shall not be entitled to additional compensation for the "rework portion" of any additional work caused by failure to carefully study and compare the contract documents prior to execution of the work. 3.2.5 The Contractor shall make reasonable attempt to interpret the Contract Documents before asking the Architect for assistance in interpretation. The Contractor shall not ask the Architect for observation of work prior to the Contractor's field superintendent's personal inspection of the work and determination that the work complies with the Contract Documents. 4 3.2.6 If, in the opinion of the Architect, the Contractor does not make a reasonable effort to comply with the above requirements of the Contract Documents and this causes the Architect or his consultants to expend an unreasonable amount of time in the discharge of the duties imposed on him by the Contract Documents, then the Contractor shall bear the cost of compensation for the Architect's Additional services made necessary by such failure. The Architect will give the Contractor prior notice of intent to bill for Additional services related to Articles 3.2.5, 3.2.6 and 3.12 before Additional services are performed. 3.2.7 If the Contractor has knowledge that any of the products or systems specified will perform in a manner that will limit the Contractor's ability to satisfactorily perform the work or to honor a Warranty, the Contractor shall promptly notify the Architect in writing, providing substantiation for his or her position. Any necessary changes, including substitutions of materials, shall be accomplished by appropriate modification. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES Delete Subparagraph 3.3.2 in its entirety and replace it with the following: 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors, and their agents and employees, and any other persons or entities performing portions of the Work for or on behalf of the Contractor, or with any of its subcontractors, or sub-subcontractor, supplier or similar party in privity with the Contractor, and for any damages, losses, costs and expenses, including but not limited to attorneys fees, resulting from such acts and omissions. Add Subparagraphs 3.3.4 and 3.3.5 3.3.4 The Contractor shall inspect all materials delivered to the premises and shall reject any materials that will not conform with the Contract Documents when properly installed. 3.3.5 The Contractor shall be responsible for and coordinate any and all inspections required by any governmental body that has jurisdiction over the Project. Failure to obtain any permits, licenses, or other approvals because ofthe failure of the Contractor to conform to this requirement shall not extend the Contract Time, and the Contractor shall not be entitled to an increase in the Contract Sum therefor. 3.4 LABOR AND MATERIALS Delete Subparagraph 3.4.2 and substitute the following: 3.4.2 After the Contract has been executed, the Owner and Architect will consider a fornlal request for the substitution of products in place of the specified only under the conditions set forth in Section 01600 Materials and Equipment. By making requests for substitutions, the Contractor: 5 j' .1 represents that the Contractor has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified; .2 represents that the Contractor will provide the same warranty for the substitution that the Contractor would for that specified; .3 certified that the cost data presented is complete and includes all related costs under this Contract except the Architect's redesign costs, and waives all claims for additional costs related to the substitution which subsequently become apparent; and .4 will coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects. Add the following Subparagraph 3.4.4. to Paragraph 3.4 3.4.4 The Owner shall be entitled to deduct from the Contract Sum amounts paid to the Architect to evaluate the Contractor's proposed substitutions and to make agreed-upon changes in the Drawings and Specifications made necessary by the Owner's acceptance of such substitutions. 3.5 WARRANTY Add Subparagraphs 3.5.2 and 3.5.3 asfollows: 3.5.2 In the event of failure of a specified product, either during construction or the warranty period, the Contractor shall take appropriate measures with the manufacturer ofthe product to assure correction or replacement of the defective products. 3.5.3 All warranty requests will be handled in a manner consistent with the nature and severity of the request, i.e. an emergency request as defined by the potential to harm, endanger, damage or destroy property will be responded to immediately. 3.6 TAXES Add Subparagraphs 3.6.2 and 3.6.3 asfollows: 3.6.2 The Owner qualifies for exemption from state and local sales and use taxes pursuant to the provisions of the Texas Limited Sales, Excise and use Tax Act (Taxation - General, Article 20.04, Vemons Texas Civil Statues). The Contractor shall claim exemption from payment of applicable State taxes by complying with such procedures as may be prescribed by the Sate Comptroller of Public Accounts. 3.6.3 The Contractor will complete the certificate of exemption from the Texas Limited Sales, Excise and Use Tax in the amount of that portion of his bid which is charged for materials and tangible work covered by the Contract, and in an amount not less than the actual cost of such materials to the Contractor. 6 3.7 PERMITS, FEES AND NOTICES At Subparagraph 3.7.1, Add Clauses 3.7.1.1,3.7.1.2 and 3.7.1.3 asfollows: .1 All City of La Porte permit fees associated with this project shall be waived. .2 The Contractor shall be responsible for obtaining and paying for all County Permits, Inspection Fees and Plan Checking Fees; temporary utility charges, tap charges, water meter charges and any other similar fees assessed by jurisdictional authorities having control over this Project other than the City of La Porte. .3 Fees payable to the Texas Department of Licensing and Regulation (TDLR) for document review relative to the Elimination of Architectural Barriers shall be paid by the Owner, and the Architect will submit the documents to the TDLR for review and approval. 3.9 SUPERINTENDENT: Add Subparagraph 3.9.2 as follows: 3.9.2 The Superintendent shall be satisfactory to the Owner and shall not be changed without the prior written consent of the Owner, unless the Superintendent leaves the employment of the Contractor. No increase in Contract time or Contract Sum shall be allowed in the event the Owner or Architect objects to any nominated superintendent. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES Subparagraph 3.10.2, delete the word "approval ", substitute the word "review", and add the following at the end of the paragraph. Neither the Contractor's preparation nor the Architect's receipt or review shall modify the Contractor's responsibility to make required submittals or to do so in a timely manner to provide for review in accordance with subparagraph 4.2.7. Add Clauses 3.10.2.1 and 3.10.2.2: .1 The schedule of submittals shall be submitted along with the construction schedule. .2 Submission of the schedule shall not relieve the Contractor of its obligations to meet the time limits of the Contract. Add Subparagraph 3.10.4 as follows: 3.10.4 The Contractor shall submit to the Architect, with each monthly Application for Payment; a copy ofthe progress schedule updated to reflect the current status ofthe project. 7 -' .' 3.11 DOCUMENTS AND SAMPLES AT THE SITE Add Subparagraph 3.11.2 and 3.11.3 asfollows: 3.11.2 The Contractor shall post all Addenda on Construction Documents prior to commencing work at the site. 3.11.3 The Contractor shall maintain all approved permit drawings and other documents at the site, so as to make them accessible to inspectors, the Architect, and the Owner at all times that the work is in progress. Such documents shall be delivered to the Architect before final payment. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES Add Subparagraphs 3.12.11 and 3.12.12 to Paragraph 3.12: 3.12.11 The Architect's review of Contractor's submittals will be limited to examination of an initial submittal and two (2) resubmittals. The Architect's review of Additional submittals will be made only with the consent of the Owner after notification by the Architect. The Owner shall be entitled to deduct from the Contract Sum amounts paid to the Architect for evaluation of such Additional resubmittals. 3.12.12 Detailed requirements for submittals are described in Section 01330 Submittal Procedures. 3.14 CUTTING AND PATCHING Add Subparagraph 3.14.2 3.14.2 Detailed requirements for cutting and patching are described in Section 01732 Cutting and Patching. 3.15 CLEANING UP Add Subparagraph 3.15.3 as follows: 3.15.3 Upon completion of the Work, Contractor shall provide final clean-up of all surfaces, without limitation. Reference requirements of Section 01770 Closeout Procedures. 3.18 INDEMNIFICATION Delete Subparagraphs 3.18.1 and replace with the following: 3.18 .1 To the fullest extent permitted by law, the Contractor shall hold harmless, defend and indemnify the Owner, Architect, consultants and agents and employees of any ofthem 8 " (collectively, "Indemnities" from and against all claims, damages, losses and expenses of any nature, including, but not limited to, reasonably necessary attorney fees and any other expenses oflitigation, arising out of or resulting from performance ofthe Work, but only to the extent caused by the negligent acts or omissions of the contractor, a Subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by negligence of a party indemnified hereunder. The defense obligation hereunder shall be by reimbursement of counsel chosen by the indemnities. If any portion of this indemnity provision is found unenforceable for any reason, then the unenforceable portion shall be stricken and all remaining portions shall be enforced. The obligations ofthis provision shall not be construed to negate, abridge, reduce any other rights or obligations of indemnity which would otherwise exist as to an Indemnitee. Add Subparagraphs 3.19 and 3.20 asfollows: 3.19 PREVAILING WAGE RATES 3.19.1 No employee used in this construction may be paid less than the minimum wage rate provided in Document 00811, Prevailing Wage Requirements. 3.20 ANTITRUST VIOLATIONS 3.20.1 To permit the Owner to recover damages suffered in antitrust violations, the Contractor shall assign to Owner any and all claims for overcharges associated with this Contract which arise under the antitrust laws ofthe United States, 15 U.S.C.A., Section 1 et.seq. (1973). The Contractor shall include this provision in its agreements with each Subcontractor and Supplier. Each Subcontractor shall include such provisions in agreements with Sub-subcontractors and Suppliers. ARTICLE 4 - ADMINISTRATION OF THE CONTRACT 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT Add Clause 4.2.2.1 to Subparagraph 4.2.1: .1 The Contractor shall reimburse the Owner for compensation paid to the Architect for additional site visits made necessary by the fault, neglect or request ofthe Contractor. 4.3 CLAIMS AND DISPUTES .1 If a Claim is made under or subject to a statute requiring notice periods longer than those specified in this Subparagraph, such notice periods may, at the Owner's sole opinion, be extended as provided in the statute, but only for the portion ofthe Claim made under the statute, and in no event shall the notice period hereunder exceed 61 9 .-J .. days. Claims not made in accordance with this Subparagraph shall be deemed waived. Add the following Clause 4.3.5.1 to Subparagraph 4.3.5: .1 No increase in the Contract Sum will be granted for delays caused by or resulting from normal or abnormal weather conditions. Add the following Clauses 4.3.7.3 and 4.3. 7.4 to Subparagraph 4.3.7. .3 Claims for increase in the Contract Time shall set forth in detail the circumstances that form the basis for the Claim, the date upon which each cause of delay began to affect the progress of the Work, the date upon which each cause of delay ceased to affect the progress ofthe Work and the number of days increase in the Contract Time claimed as a consequence of each such cause of delay. The Contractor shall provide such supporting documentation as the owner may require including, where appropriate, a revised construction schedule indicating all the activities affected by the circumstances forming the basis of the Claim. .4 The Contractor shall not be entitled to a separate increase in the Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on the progress of the Work, or for concurrent delays due to the fault of the Contractor. 4.4 RESOLUTION OF CLAIMS AND DISPUTES Delete the entire section, Subparagraphs 4.4.1 through 4.4.8, inclusive, and replace with the following: 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The General process for dispute resolution shall be: · Architect renders a decision . Semor Representatives meet to resolve dispute . Mediation . Arbitration 4.4.2 Decision of Architect. Claims, submitted in writing, including those alleging an error or omission by the Architect shall be referred initially to the Architect for decision. An initial decision by the Architect shall be required as a condition precedent to the meeting of Senior Representatives, mediation, or arbitration of all claims between Contractor and Owner arising prior to the date final payment is due, unless thirty (30) days have passed after the claim has been referred to the Architect with no decision having been rendered by the Architect. The Architect will not consider disputes between the Contractor and persons or entities other than the Owner. 10 ." ~ 1 4.4.3 Architect Review. The Architect will review claims and within ten (10) days of receipt of the claim take one or more of the following actions: (a). request additional supporting data from the claimant or a response with supporting data from the other party, (b). reject the claim in whole or in part, (c). approve the claim, (d). suggest a compromise, or (e). advise the parties that the Architect is unable to resolve the claim if the Architect lacks sufficient information to evaluate the merits of the claim. 4.4.3.1 Upon receipt of a Claim against the Contractor or at any time thereafter, the Architect or the Owner may notify the Surety, if any, of the nature and amount of the Claim. If the Claim relates to the possibility of a Contractor's default, the Architect or the Owner may notify the surety and request the surety's assistance in resolving the controversy. 4.4.3.2 If a claim relates to or is the subject of a mechanic's lien, the Party asserting such claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the claim by the Architect, the meeting of Senior Representatives, mediation, and/or arbitration. 4.4.4 Evaluating Claims. In evaluating claims, the Architect may consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Architect in rendering a decision. The Architect shall request the Claimant to authorize retention of such a person at the Claimant's expense. 4.4.5 Claim or Information Response. Ifthe Architect requests a party to provide a response to a claim or to furnish additional supporting data, such party shall respond, within ten (10) days after receipt of such request, and shall either provide a response on the requested supporting data, advise the Architect when the response or supporting data will be furnished or advise the Architect that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Architect will either reject or approve the claim in whole or in part. 4.4.6 Approval/Rejection of Claims. The Architect will approve or reject claims by written decision, which shall state the reasons therefore and which shall notify the parties of any change in the Contract Sum or Contract Time or both. The approval or rejection of a claim by the Architect shall be final and binding on the parties but subject to negotiations between Senior Representatives, mediation, and arbitration, as more particularly set forth below. 4.4.7 It is agreed that in all cases involving an appeal from an Architect's Decision pertaining to Decisions on Requirements of Contract Documents and Acceptability of Work and Claims and Disputes (Supplementary Conditions Articles 4.4 through Article 4.6, inclusive), such appeal shall be taken within the stated thirty (30) days of the time of filing of written notice of intention to appeal. Furthermore, the parties agree to submit claims based on an appeal of the Architect's Decision under these Supplementary Terms and Conditions (Articles 4.4 through Article 4.6, inclusive). 4.4.8 In addition, the parties will attempt in good faith to resolve any controversy or claim arising out of or relating to this agreement, or breach thereof, (subject to the procedures established under Supplementary Terms and Conditions (Article 4.4) for submission of claims for the Architect's Decision) promptly by negotiation between Senior Representatives of the parties before submission of the claim or controversy to mediation or arbitration. 11 ..-1 ... 4.4.9 Conference between Senior Representatives: The disputing party shall give the other party written notice of appeal of the dispute including the architect. Within ten (10) days after receipt of said notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of each party's position and a summary of the evidence and arguments supporting its position, and (b) the name and title of the Senior Representatives who will represent that party. The Senior Representatives shall meet at a mutually acceptable time and place within twenty (20) days of the date ofthe disputing party's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. 4.5 MEDIATION 4.5.1 Delete the entire section, Subparagraphs 4.5.1 through 4.5.3, inclusive, and replace with the following: 4.5 MEDIATION 4.5.1 Ifthe controversy or claim has not been resolved within thirty (30) days ofthe meeting of the Senior Representatives, the parties agree to settle the dispute by mediation administered by the American Arbitration Association under its Construction Industry Mediation Rules before resorting to arbitration. The request may be made concurrently with the filing of a demand for arbitration, but, in such event, mediation shall proceed in advance of arbitration, which shall be stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the parties. 4.5.2 For any controversy or claim to mediation under the terms of this contract in which no party's total disclosed claim or counter-claim exceeds $75,000, exclusive of interest, the parties shall participate in mediation under the Fast Track Procedures as set forth in the Construction Industry Mediation Rules of the American Arbitration Association. 4.5.3 Where no party's claim exceeds $10,000, exclusive of interest, and in other cases where the parties agree, the dispute shall be resolved by submission of documents, as provided for in Rule F-9 of the Fast Track Procedures of the Construction Industry Mediations Rules of the American Arbitration Association. 4.5.4 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in the mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 4.6 ARBITRATION 4.6.1 Delete the entire section, Subparagraphs 4.6.1 through 4.6.6, inclusive, and replace with the following: 4.6 ARBITRATION 4.6.1 If the matter has not been resolved pursuant to the aforesaid mediation procedure within sixty (60) days of the commencement of such procedure, (which period may be extended by 12 .' agreement), the controversy shall be settled by arbitration in accordance with Federal Mediation and Conciliation Service rules by a sole arbitrator. The Arbitration shall be governed by the United States Arbitration Act, 9 U.S.c. &1-16, and judgment upon the award rendered by the Arbitrator may be entered by any court having jurisdiction thereof. The place of arbitration shall be Harris County. The arbitrator is not empowered to award damages in excess of actual damages, including punitive damages. ARTICLE 5 - SUBCONTRACTORS 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK Delete Subparagraph 5.2.1 in its entirety and replace it with the following: 5.2.1 The Contractor as soon as practicable after award of the Contract but no later than 10 days prior to the submittal date for the Contractor's First Application for Payment, shall furnish in writing to the Owner through the Architect the names of the persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. Regarding proposed persons or entities listed to perform portions ofthe Work the Architect will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such person or entity. Owner or Architect failure to reply promptly shall constitute notice of no reasonable objection. Failure of the Contractor to submit the subject names in a timely manner will delay processing of the Contractor's Application for Payment. At Subparagraph 5.2.4, Add the following sentence: Prior to such change the Contractor shall notify the Architect of his intent and reasons for such proposed changes. ARTICLE 7 - CHANGES IN THE WORK 7.1 GENERAL Add Subparagraph 7.1.4 asfollows: 7.1.4 The combined overhead and profit included in the total cost to the Owner of a change in the Work shall be based on the following schedule. .1 For the Contractor, for Work performed by the Contractor's own forces, a maximum total markup of 10 percent of the actual cost. .2 For the Contractor for Work performed by the Contractor's Subcontractor(s), 5 percent of the amount due the Subcontractor(s). n .;,; .3 For each Subcontractor or Sub-Subcontractor involved, for Work performed by that Subcontractor's or Sub-Subcontractor's own forces, a maximum markup of 10 percent of the actual cost. A For each Subcontractor, for Work performed by the Subcontractor's Sub-subcontrac- tor's 5 percent of the amount due the Sub-subcontractor. .5 Cost to which overhead and profit is to be applied shall be determined in accordance with Subparagraph 7.3.6. .6 In order to facilitate checking of quotations for extras or credits, all proposals except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor and materials. Subcontracts, Labor and materials shall be itemized in the manner prescribed above. Where major cost items are Subcontracts, they shall be itemized also. Subparagraph 7.3.6, at the end of the first sentence, delete "a reasonable allowance for overhead and profit" and substitute "an amount for overhead and profit in accordance with the schedule indicated in Subparagraph 7 .1A". ARTICLE 8 - TIME 8.1 DEFINITIONS Delete subparagraph 8.1.2 in its entirety and replace it with the following: 8.1.2 Unless agreed otherwise, the date inserted on the Agreement form and the Date of Commencement of the Work shall be as follows: .1 The date inserted on the first page of the Agreement form will be the date the Owner formally awards the Contract. As soon as feasible after receipt of Bids the Architect will present Agreement forms to the Contractor for review and signature; the Contractor will be allowed a maximum of five (5) days from the date the prepared Agreements are presented to (1) obtain the required bond forms and insurance certificates and (2) return the executed Agreements and supporting documents to the Architect for transmittal to the Owner for final review and execution. .2 The Date of Commencement ofthe Work is the date that either (1) the fully executed Agreement or (2) a written Notice to Proceed is delivered to the Contractor. At Subparagraph 8.1.4 add Clauses 8.1.4.1,8.1.4.2 and 8.1.4.3 .1 Calendar Days: The Contract Time is established in Calendar Days. Extensions of time granted for Regular work Days lost, if any, will be converted to Calendar Days. .2 Holidays: The days officially recognized by the construction industry in this area as a holiday; normally limited to the observance of New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and the day after, and Christmas Day. 14 " .3 A working day is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather and conditions, under the Contractor's control will permit construction of the principal units of the work for a period of not less than five (5) continuous hours between 8:00 a.m. and 5:00 p.m. 8.2 PROGRESS AND COMPLETION At Subparagraph 8.2.3 add Clauses 8.2.3.1 and 8.2.3.2 .1 All work shall be substantially complete on or before the date established in the Agreement. .2 Reference Paragraph 9.11 for liquidated damages if the work is not substantially complete by this date, or time extensions granted in accordance with applicable provisions of Paragraph 8.3. 8.3 DELAYS AND EXTENSIONS OF TIME Delete Subparagraph 8.3.1 in its entirety and replace it with the following: 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by any wrongful act or neglect of the Owner or Architect, or by an employee of either, or 0 f a separate contractor emp loyed by the Owner, or by changes ordered in the Wark, or by labor disputes, fire, unusual delays in deliveries, unavoidable casualties, or other causes beyond the Contractor's control, or by other causes which the Architect determines may justify the delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect and Owner may determine. ARTICLE 9 - PAYMENTS AND COMPLETION 9.3 APPLICATIONS FOR PAYMENT Delete Subparagraph 9.3.2 in its entirety and replace it with the following: 9.3.2 Payments will be made on account of materials or equipment (1) incorporated in the Work and (2) suitably stored at the site. Payments for materials or equipment stored on site shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest. Under no circumstances will the Owner reimburse the Contractor for down payments, deposits, or other advance payments for materials or equipment. Add Subparagraph 9.3.4 asfollows: 15 J'-~; 9.3.4 The Contractor shall submit requests for payment in quadruplicate, using AIA Document G702, Application and Certificate of Payment, as the cover sheet. Continuation sheets showing in detail the amounts requested, etc., shall be submitted using AIA Document G703, Continuation Sheet, or a computerized version of these documents previously approved for use. The information provided on the continuation sheets in the Description of the Work and Scheduled Values columns shall match the corresponding information shown on the approved Schedule of Values. All blank spaces on AIA Document G702, Application and Certificate of Payment must be completed and the signatures of the Contractor and Notary Public shall be original on each form. By submitting application for payment, the Contractor certifies that the individual signing the application is authorized to do so. 9.6 PROGRESS PAYMENTS Delete Subparagraph 9.6.1 in its entirety and replace it with the following: 9.6.1 After the Architect has issued a Certificate of Payment, with the signatures of the Architect and designated representative of the Owner, the Owner shall make progress payments in accordance with the following subparagraph which shall be inserted as Article 5, Progress Payments, in the Owner-Contractor Agreement, AIA Document A101, 1997 Edition. Based upon the applications for payment and supporting documents submitted to the Architect by the Contractor and Certifications of the amount payable by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided in the Contract Documents for the period ending the last day of the month as follows: .1 No later than twenty-five (25) days following the end of the period covered by the Application for Payment, ninety-five percent (95%) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety-five percent (95%) ofthe portion ofthe Contract Sum properly allocable to materials and equipment suitably stored at the site for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner. .2 Upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to ninety-five percent (95%) ofthe Contract Sum, less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. At Subparagraph 9.6.2, Add the following sentence after the first sentence: More specifically, ifonly five percent (5%) retainage is withheld by the Owner on payments to the Contractor, then the Contractor shall withhold only five percent (5%) retainage on 16 payment to subcontractors; and subcontractors shall withhold only five percent (5%) retainage on payments to sub-subcontractors. 9.8 SUBSTANTIAL COMPLETION Add Clause 9.8.3.1. to Subparagraph 9.8.3: .1 Except with the consent ofthe Owner, the Architect will perform no more than two (2) inspections to determine whether the work or a designated portion thereof has attained Substantial Completion in accordance with the Contract Documents. The Owner shall be entitled to deduct from the Contract Sum amounts paid to the Architect for any additional inspections. Subparagraph 9.8.5, delete the second sentence and substitute the following: Upon such acceptance and consent of surety, if any, the Owner shall make payment sufficient to increase the total payments to ninety-five percent (95%) ofthe Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims. Add Subparagraphs 9.8.6 and 9.8. 7 as follows: 9.8.6 In order for the project or a major portion thereof to be considered substantially complete, the following conditions must be met: .1 All inspections by governmental authorities having jurisdiction over the project must have been finalized, any remedial work required by those authorities must have been completed, and Certificates of Occupancy and similar governmental approval forms must have been issued and copies delivered to the Owner and Architect. .2 All work, both interior and exterior, shall have been completed and cleaned except minor items which if completed after occupancy, will not, in the Owner's opinion, cause interference to the Owner's use of the building or any portion thereof. A significantly large number of items to be completed or corrected will preclude the Architect from issuing a Certificate of Substantial Completion. The Owner and Architect will be the sole judge of what constitutes a significantly large number of items. 9.8.7 After the date of Substantial Completion of the Project is evidenced by the Certificate of Substantial Completion, the Contractor will be allowed a period ofthirty (30) days, unless extended by mutual agreement or provision of the Contract, within which to correct all deficiencies attached to the Certificate of Substantial Completion. Failure ofthis Contractor to complete such corrections within the stipulated time will be reported to the Contractor's surety. In this report, the Contractor and surety will be informed that, should correction remain incomplete for an additional fifteen (15) days, the Owner may initiate 17 J.Ji action to complete corrective work out ofthe remaining Contract funds in accordance with Paragraph 14.2. 9.10 FINAL COMPLETION AND FINAL PAYMENT At Subparagraph 9.10.2, Add the following sentence: Prior to final payment, the Contractor shall meet all of the requirements of Section 01770, Close Out Procedures. Add Subparagraph 9.10.6 asfollows: 9.10.6 Final payment, constituting the entire unpaid balance ofthe Contract Sum, shall be paid by the Owner, to the Contractor, thirty-one (31) days after Substantial Completion of the work unless otherwise stipulated in the Certificate of Substantial Completion, provided the Work has been completed, the Contract fully performed, all of the requirements of Section 01770 Close Out Procedures, are met and the Final Certificate for Payment has been issued by the Architect. Partial release of retainage and final payment will not be made until all of these conditions are met. 9.11 LIQUIDATED DAMAGES Add the following Paragraph 9.11 as follows: 9.11 The Contractor and the Contractor's surety shall be liable for and shall pay the Owner the sums hereinafter stipulated as liquidated damages for each calendar day of delay after the date established for Substantial Completion in the Contract Documents until the Work is substantially complete. From the compensation otherwise to be paid, the Owner may retain the sum of$1000.00, for each calendar day that the work remains uncompleted, which sum is agreed upon as the proper measure ofliquidated damages that the Owner will sustain per day upon the failure of the Contractor to substantially complete the work in the time stipulated, and this sum is not to be construed in any sense as a penalty. ARTICLE 10 - PROTECTION OF PERSONS AND PROPERTY Add Subparagraphs 10.1.2, 10.1.3 and 10.14 asfollows: 10.1.2 The Contractor shall provide a written Project Site Safety Program, maintain injury records as required by OSHA, keep the Owner informed of all serious and/or lost time injuries, and make available to the Owner information on injury logs, safety meetings including topics and a sign-in sheet for each meeting, inspection reports and other items concerning Project safety. 18 10.1.3 The Contractor shall inform the Owner of any Federal or State inspection, and the Owner will receive copies of all Federal and State inspection reports, citations, penalties, abatement dates, etc. 10.1.4 The Contractor shall give full cooperation to the Owner, who may periodically observe the Project Work Site without prior notice. 10.2 SAFETY OF PERSONS AND PROPERTY Add Subparagraphs 10.2.8 and 10.2.9 asfollows: 10.2.8 The Contractor and each Subcontractor, prior to final payment, shall submit a statement on their letterhead certifying as to the best of their information, knowledge, and belief, no asbestos or asbestos containing materials have been used in their portion of the project'" . 10.2.9 Prior to payment of retain age and final payment the Contractor, each Subcontractor involved with the potable water system shall furnish a notarized statement certifying that lead or lead bearing materials have not been incorporated into the potable water system. ARTICLE 11 - INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE At Subparagraph 11.1.1, revise to the first sentence as follows: add "acceptable to the Owner" after "a company or companies....". At Subparagraph 11.1.2, delete the first sentence in its entirety and replace it with the following: The insurance required by Subparagraph 11.1.1 shall be written for not less than the following limits or the limits required by law, whichever coverage is greater: The Owner and the Architect and all Consultants listed on the Title Page of the Project Manual shall be an Additional insured on the Contractor's policy as to the subject job. Provision shall be included for Waiver of Subrogation against Owner and Architect and its Consultants. Kind of Insurance 11.1.2.1 Workmen's Compensation Limits of Liability Statutory Employers' Liability (including all States, U.S. Longshoreman & Harbor Bodily Injury by accident $550,000 per employee 19 Workers' Act and other endorsements, if Applicable to the project). 11.1.2.2 Commercial General Liability including but not limited to, Premises Operations, Products & Completed Operations, Broad Form Property Damage, Contractual Liability, and where the exposure exists, coverage for elevator, watercraft, blasting and explosions, blowout, cratering and underground damage 11.1.2.3 Comprehensive Automobile Liability (including hired and non-owed coverages). 11.1.2.4 Commercial Umbrella Liability Policy 11.1.2.5 Builder's Risk (Building construction only). 11.1.2.6 All insurance coverages shall provide: At Subparagraph 11.1.3, Add the following sentence: '~j ., Bodily Injury by Disease $5,000,000 per employee $1,000,000 per occurrence Bodily Injury & Property Damage $1,000,000 aggregate Products & Completed Operations $2,000,000 general aggregate $1,000,000 combined single limit Bodily Injury & Property Damage $1,000,000 each occurrence $1,000,000 aggregate limit Bodily Injury & Property Damage Combined Single Limit Coverage for all risks for physical loss or damage at one hundred percent (100%) of all insurable value created during construction 30 Day written Notice of Cancellation to Owner Waiver of Rights of Subrogation In Favor of Insured "Additional Insured'" Endorsement on Business Auto Policy, Commercial Umbrella Policy, Builder's Risk Policy. Proof of insurance shall be evidenced on (1) an original ACORD Certificate of Insurance 25-S (7/97) and (2) an original Supplemental Attachment for ACORD Certificate of Insurance 25-S (7/97), each with an original signature of the Authorized Representative. Policy exclusions and/or restrictions should be clearly explained on the Certificate or in an attached letter from the issuing agency. Blank areas on the Certificate should have "not covered" written across the printed areas when coverage is not provided. 20 '-;,; Add Subparagraph 11.1.4 asfollows: 11.1.4 Insurance shall be underwritten by a company rated not less than A + in A.M. Best's latest published guide. 11.2 OWNER'S LIABILITY INSURANCE Delete Subparagraph 11.2.1 in its entirety and replace it with the following: 11.2.1 The Contractor shall be responsible for purchasing and maintaining Owner's Protective Liability Insurance naming the Owner as insured with the stated limit to be per occurrence as primary limit (combined single limit, irrespective of whether occurrence consists of personal injury, death, property damage, or combination thereof). The policy shall cover the work to be performed for the Owner by the Contractor and all Subcontractors. The definition of insured in the policy shall be endorsed to include officers, employees of the Owner, while acting within the scope of employment or function for the Owner with respect to the work performed by the Contractor; the project architect and his consultants as listed in the Bidding Documents, shall also be included as Additional insured. The policy shall be written with the same company as the Comprehensive General Liability Policy with limits of coverage as follows: Limits: $5,000,000.00 Add Subparagraph 11.2.2 asfollows: 11.2.2 Refer to subparagraph 11.1.4 for Additional requirements that also apply to this paragraph. 11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE Delete paragraph 11.3 in its entirety. 11.4 PROPERTY INSURANCE Modify the first sentence of subparagraph 11.4.1 as follows: Delete "Unless otherwise provided, the Owner" and substitute "the Contractor". Add the following sentences in Subparagraph 11.4.1: The form of policy for this coverage shall be Completed Value. Ifthe Owner is damaged by the failure of the contractor to maintain such insurance, then the Contractor shall bear all reasonable costs properly attributable thereto. Delete Clause 11.4.1.2. 21 "'" '"y Delete Clause 11.4.1.3. Modify the first sentence of subparagraph 11.4.2 asfollows: Delete "The Owner", and substitute "The Contractor". Delete Subparagraph 11.4.4 Delete Subparagraph 11.4.6 and substitute the following: Before an exposure to loss may occur, the Contractor shall file with the Owner two certified copies of the policy or policies providing this Property Insurance coverage, each containing those endorsements specifically related to the Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least thirty (30) days' prior written notice has been given to the Contractor and Owner. Each policy shall name the Owner, and their assignees as additional insureds. Modify Subparagraph 11.4.7 Substitute "Contractor" for "Owner" at the end of the first sentence, and add clause: 11.4.7.1. 11.4.7.1: Each policy must contain an endorsement to the effect that the issuer waives any claim or right in the nature of subrogation to recover against the Owner, its officers, agents or employees. Modify Subparagraph 11.4.8 Substitute "Contractor" for "Owner" as fiduciary, except that the first reference to "Owner" in the first sentence, the word "this" should be substituted for "Owner's". Modify Subparagraph 11.4.9 Substitute "Contractor" for "Owner" each time the latter word appears. Modify Subparagraph 11.4.10 Substitute "Contractor" for "Owner" each time the latter word appears 11.5 PERFORMANCE BOND AND PAYMENT BOND Delete Subparagraph 11.5.1 and replace with the follOWing: 22 .;1 ... 11.5.1 The Contractor shall furnish bonds covering faithful performance ofthe contract and payment of obligations arising thereunder. Bonds may be obtained through the Contractor's usual source with the required rating and the cost thereof shall be included in the Contract Sum. 11.5.1.1 The Contractor shall deliver the required bonds to the Owner not later than three (3) days following the date the Agreement is entered into, or if the work is to be commenced prior thereto in response to a letter of intent, the contractor shall, prior to the commencement ofthe Work, submit evidence satisfactory to the Owner that such bonds will be furnished. 11.5.1.2 The Contractor shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney. Add Subparagraphs 11.5.3, 11.5.4 and 11.5.5: 11.5.3 Contractor shall provide a one-year maintenance on City of La Porte standard form Document 00612, providing for the Contractor's correction, replacement, or restoration of any portion of the Work which is found to be not in compliance with requirements of Contract Documents during the one-year correction period required in Subparagraph 12.2.2. 11.5.4 Forms of Performance and Payment Bonds shall be as indicated in Documents 00610 and 00611 and as mandated by the Texas Local Government Code, Texas Revised Civil Statutes Annotated, Article 2253, for public projects. The contractor shall file copies of each bond with the county clerk and furnish the Owner with a file receipt. The bonds shall remain in force throughout the warranty period of the contract. They will not be started until the bonds and issuing companies have been accepted as satisfactory by the Owner with an authorized power of attorney attached.. 11.5.5 Claims must be sent to the Contractor and the Contractor's Surety in accordance with Article 5160, Revised Civil Statutes. The Owner will furnish in accordance with such Article, a copy of the Payment Bond as provided therein to claimants upon request. All claimants are cautioned that no lien exists on the funds unpaid to the Contractor on such Contract, and that reliance on notices sent to the Owner may result in loss of their rights against the Contractor and/or its Surety. The Owner is not responsible in any manner to a claimant for collection of unpaid bills, and accepts no such responsibility because of any representation by any agent or employee. Add Paragraph 11.6 as follows: 11.6 WORKER'S COMPENSATION INSURANCE COVERAGE 11.6.1 Comply with the requirements of Rule 28, T AC Section 110.110, Reporting Requirements for Building or Construction Projects for Governmental Entities. 23 ,) " 13.3 WRITTEN NOTICE Add the following at the end of Subparagraph 13.3.1: Written notice may also be given by facsimile. If such facsimile is received after 4 p.m., it shall be deemed received on the next business day. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT Delete subparagraph 14.4.3 and substitute the following: 14.4.3 In the case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work properly executed as of the date of such termination and reasonable costs incurred by reason of such termination, as documented to the Owner's satisfaction by the Contractor. END OF DOCUMENT 27 .,.I'.J 11.6.2 Definitions: .1 Certificate of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81), TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. .2 Duration of the project - includes the time from the commencement of the work on the project until the Contractor's work on the project has been completed and accepted by the governmental entity. .3 Persons providing services on the project ("subcontractor") in Section 406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity which furnishes persons to provide hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. AServices'" does not include activities unrelated to the project, such as food/beverage vendors, office supply delivery, and delivery of portable toilets. 11.6.3 The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees ofthe contractor providing services on the project, for the duration of the project. 11.6.4 The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 11.6.5 If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 11.6.6 The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: .1 A certificate of coverage, prior to that person beginning work on the projects, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 24 '.j -i .2 No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 11.6.7 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 11.6.8 The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 11.6.9 The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the T exas Worker's Compensation, informing all persons stating how a person may verify coverage and report lack coverage. .1 Provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project. .2 Provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project. .3 Provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate ends during the duration ofthe project. .4 Obtain from each other person with whom it contracts, and provides to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration ofthe project. .5 Retain all required certificates of coverage on file for the duration ofthe project and for one year thereafter. .6 Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 25 ...J .. .7 Contractually require each person with whom it contracts, to perform as required by paragraphs (1 )-(7), with the certificates of coverage to be provided to the person for whom they are providing services. 11.6.11 By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees ofthe contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, civil penalties, or other actions. 11.6.12 The Contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.2 CORRECTION OF WORK Delete the third sentence of Subparagraph 12.2.2.1. Add the following Clause 12.2.2.4 to Subparagraph 12.2.2: .4 Upon request by the Owner and prior to the expiration of one year from the date of Substantial Completion, the Architect will conduct and the Contractor shall attend a meeting with the Owner to review the facility operations and performance, and review the Work of the Project to identify Work not in conformance with the Contract Documents and subsequent correction or replacement. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.2 SUCCESSORS AND ASSIGNS Add the following Clause 13.2.1.1 to Subparagraph 13.2.1: .1 The Contractor will not be permitted to assign, sell, transfer or otherwise dispose of the contract to any portion thereof, or his rights, title or interest therein without approval of the City of La Porte. Any assignment proposed by the Contractor must be deemed justified or legally acceptable by the City of La Porte. 26 .,,1 DANSBY & MILLER ARCHITECTS 102 E Edgebrook Houston, Texas 77034 DOCUMENT 00900 ADDENDUM NO.2 DATE: November 10,2004 PROJECT NAME: Fire Station NO.2 City of La Porte, Texas CLP Project No. 99-2206 CLP Bid No. 04039 PROJECT NO.: 328-1 TO: Pre-qualified Bidders This Addendum forms a part of the Contract Documents and modifies the original Bidding Documents as noted below. Acknowledge receipt of this Addendum in the space provided on the Bid Form. Failure to do so may subject Bidder to disqualification. This Addendum consists of 3 pages and attachments as follows: · DRAWINGS ADD2.01 and ADD2.02 PART ONE - MODIFICATIONS TO PRIOR ADDENDA: Not Used PART TWO - MODIFICATIONS TO BIDDING REQUIREMENTS: 2.1 DOCUMENT 00450 SUBCONTRACTOR QUALIFICATION A. Paragraph 3A HV AC, add: US Mechanical Kilgore Mechanical 713/924-4900 B. Paragraph 3.B Plumbing, add: RAM Mechanical Inc. 713/472-8664 T-Mack Plumbing HCB Mechanical Inc. 713/983-0500 Kilgore Mechanical 713/924-4900 C. Paragraph 3.C Electrical, add: SECO Industrial Maintenance & Controls Inc. 713/956-7326 PART THREE - MODIFICATIONS TO SPECIFICATIONS 3.1 SECTION MANUFACTURED CASEWORK, Paragraph 2.1.A, add: C&S Ellis Millwork Shop; Zebra Millwork. 3.2 SECTION 15010 MECHANICAL GENERAL PROVISIONS A. Paragraph 1.02.C, Delete second sentence. B. Article 2.01, delete. 3.3 SECTION 15031 COORDINATION OF TESTING AND BALANCING A. Paragraph 1.01.A, change to Section 15032. Proj. No. 328-1 00900-1 _~ ...'1 3.4 SECTION 15501 FIRE PROTECTION SYSTEM, delete this section in its entirety. 3.5 SECTION 02482 DREDGING, change to SECTION 15760 ELECTRIC UNIT HEATERS. 3.6 SECTION 15810 DUC1WORK A. Delete Paragraphs 2.02.0, 2.02.C and 2.02.F. 8. Delete Paragraphs 2.03.A, 2.03.8 and 2.03.C. C. Paragraph 2.07.A, add "and Division 10 Section" to the first sentence. D. Delete Paragraphs 2.07.8, 2.07.C, and 2.07.0. E. Delete Articles 2.08 and 2.09. F. Delete Articles 3.08,3.09 and 3.10. 3.7 SECTION 15820 FANS, delete Article 2.06. 3.8 SECTION 16010 ELECTRICAL GENERAL PROVISIONS A. Subparagraph 3.04.8.1, add "4" hours. 8. Subparagraph 3.04.8.2. add "2 hours on each of 2 days." 3.9 SECTION 16025 OPERATING AND MAINTENANCE MANUALS, change heading to Division 16. 3.10 SECTION 16040 SHOP DRAWINGS, COORDINATION DRAWINGS & PRODUCT DATA, A. Delete subparagraphs 1.01.8.1,1.01.8.8,1.01.8.12,1.01.8.15, 1.018.17, 1.01.8.18, 1.01.8.19and 1.01.8.20. PART FOUR - MODIFICATIONS TO DRAWINGS: 4.1 SHEET C2.0 DRAINAGE PLAN, from existing inlet "C" to new inlet "8" change discharge drain line RCP to 24 inches with restrictor pipe per Drawing ADD2.2. 4.2 SHEET A1.02 SITE DETAILS A. DETAILS 01,02,03 and 04,3X3 Galv. Angle framing is existing at Ownerfumished drying rack. 8. FENCE SECTION 07 1. Wall panel note, add: prefinished to match building wall panels. 2. Galv. Steel channel note, add: 6"X2 1/2X2.41Ibs per If., roll to curve. 4.3 SHEET A2.00 ROOM FINISH SCHEDULE, add general requirement: Provide 6 inch insulation batts above all suspended ceilings. 4.4 SHEET A2.01 REFLECTED CEILING PLAN A. Change drywall partitions indicated to extend and seal to deck to masonry at Rooms 113,114 and 115. 8. Ceiling Fans indicated shall be equivalent to Casablanca Fan Company, Stealth Model 3245T, XLP-2000 motor, 53 inch blade span, brush nickel finish with dark cherry finish blades , pendant extension to 8 ft. above floor. Provide wiring and connection to switched circuit in accordance with Division 16 electrical requirements. Provide support hangers from roof structural members. Proj. No. 328-1 00900-2 . ..-" 4.5 SHEET A2.02 A. Revise Elevations 10 and 11 per Drawing ADD2.01. B. Toilet Accessories, add "J Towel Bars", provide 1 each at Toilet Rooms 105 and 106. 4.6 SHEET A2.03, Roof Assembly Notes, change thickness of insulation to 2 inches. 4,7 SHEET P2.01, FLOOR PLAN - PLUMBING A. Add roof drain piping size note, "6 inch" to each of 4 roof drains at north and south roof gutters. B. Add three 4 inch overflow roof drains at nort and south roof gutters. Reference Architectural Drawings for locations. C. At each of 4 roof drain leader discharge locations above grade, provide downspout nozzle equivalent to Josam Series 25010, sized for leader pipe, rough nickaloy finish. 4.7 SHEET P2.03, PLUMBING FIXTURE SCHEDULE A. SK-1 Sink, change to read: Elkay DLR 1919-10 single compartment with faucet deck, 18 gauge type 302 stainless steel, self rimming, fully coated on underside for sound proofing. Chicago 1100-HA8-317 or Zurn Z-871S4 faucet with chrome plated brass swivel type high rise double bend spout, % turn cartridges, 4 inch wrist blade handle, Sinkmaster Whirlaway Model 984 stainless steel garbage disposer, % hp, 120 Volt motor, McGuire 2167 stops with risers. B. SK-2 Double Compartment Sink, ADA Compliant, change as follows: Delete garbage disposer; add: stainless steel strainer with tailpiece at each compartment, C. Add RD-1 Roof Drain, Josam 22080 Series, deck clamp, no-hub side outlet END OF ADDENDUM NO.2 Proj. No. 328-1 00900-3 . ''it ~.""-'''~'--'~'''-- W ." D- w - 0.. D- o.. 0 z cr:::: ::> 0 0 0:: W \-- <t 0.. 5 - U r-o.. W ::> - O(f) > ex: o::w \-- 00:: 0 Z (f) W W cr:: I r- - 5: (f) ~ W z :z: - ~ 5 w z: 0 > wx - r-O 0 W <( Om wI ::> 0 ex:: zJ 0 - Z O::w (J) 0 00:: Z 00 <to.. 0 ~ r-w Or- r-o.. 0 W ::> I 00.. ZW O(f) 0::- C) W---l O::W ...- 1-0... Z 00:: (f) cr::: (f) W IO 0:: <( r-r- I U Ul - 0 DAN S BY & MIL L E R A.LA. ARC HIT E C T S 102 E. Edgebrook Houston, Texas 77034 (713) 941-2751 FAX (713) 941~S408 Fire Station NO.2 City of La Porte "'- @ @ PENCil . TOP, EDGE, /11"" ~/Il"" ~ , / /i 3'-", KNEE / / '" / '" / 3'-", 3'-'" ~ /"'~, '" / '" / '" 3' QW ~ @W @~ @D ~ 1 0 WATCH 1 01 ELEVATION (REVISED) SCALE, 3/8. . 1-0. ~ 3'-b' PlA&. lAM. TOP. EDGE AND 4' SFlA614 PENCI I . "'t . \Q , N KNEE SFACE @D @e) 11 WATCH 1 01 ELEVATION (REVISED) SCALE, 3/8. · 1-0. DAN S B Y & MIL L E R A.IA ARC HIT E C T S 102 E. Edgebrook Houston, Texas 77034 (713) 941-2751 FAX (713) 941-5408 Fire Station No.2 City of La Porte REF. SHEET A2.02 DATE: NC7II.lo, JOB NO. 328-1 DRAWING NO. ADD 2.01 J'.,6 DATE: November 12, 2004 PROJECT NAME: Fire Station NO.2 City of La Porte, Texas CLP Project No. 99-2206 CLP Bid No. 04039 PROJECT NO.: 328-1 TO: Pre-qualified Bidders DANSBY & MILLER ARCHITECTS 102 E Edgebrook Houston, Texas 77034 DOCUMENT 00900 ADDENDUM NO.3 This Addendum forms a part of the Contract Documents and modifies the original Bidding Documents as noted below. Acknowledge receipt of this Addendum in the space provided on the Bid Form. Failure to do so may subject Bidder to disqualification. This Addendum consists of 3 pages and attachments as follows: . SECTION 09910 PAINTING, pages 00910-5 thru 00910-8 · DRAWINGS ADD 3.1, ADD 3.2 and ADD 3.3 PART ONE - MODIFICATIONS TO PRIOR ADDENDA: Not Used PART TWO - MODIFICATIONS TO BIDDING REQUIREMENTS: Not Used PART THREE - MODIFICATIONS TO SPECIFICATIONS: 3.1 SECTION 05500 METAL FABRICATIONS, add paragraph 2.1.D.8 Ornamental Gates (Bid Alternates 2 and 3): a. Double and single swing gates, size and detail as indicated in the Drawings. b. Fabricate from structural steel tubing per ASTM A500, welded joints ground smooth; hot- dip galvanize gate assembly after fabrication in accordance with ASTM A 123. c. Hardware shall be fabricated components to include hinges, drop bolts, sleeves for drop bolts, lever handle passage set, lock box, and hasp for owner furnished padlock. 1) 1 % pair, 7 inch barrel hinges per gate leaf with lubricant fittings 2) Schlage or equivalent lever passage set, 630 finish at Patio Court Yard. d. Louver infill: Ruskin Thinline ELF15J, 1 % inch frame depth, extruded aluminum with shop applied primer for powder coat finish. e. Finish: Phosphate treatment followed by baked on polyester powder coat, minimum . 2.5 mils cured film thickness, ASTM D3363 pencil hardness. 3.2 SECTION 09910 PAINTING, replace Pages 09910-5, 6, 7and 8 with revised pages issued with this addendum. 3.3 SECTION 10810 TOILET ROOM ACCESSORIES A. Paragraph 3.4.D, change to: Combination Paper Towel Dispenser and Waste Receptacle, Bobrick B-43944, semi-recessed with reusable heavy gauge vinyl liner. Provide 1 each at Toilet Rooms 104, 105, 114 and 115. Proj. No. 328-1 00900-1 .,.,1 B. Paragraph 3.4.E, change to: Paper Towel Dispenser, Bobrick B-4262, surface mounted, stainless steel finish. Provide 1 each at Kitchen 103 and CoffeeNending 118. 3.4 SECTION 11450 RESIDENTIAL KITCHEN EQUIPMENT, Paragraph 2.2.E Ice Maker, change to Scotsman Model CME 256AS-1E with HTB555 storage bin; change ice production to 300 Ibs; change compressor to % HP; change color to HTB-grey. 3.5 SECTION 15408 SOIL, WASTE AND SANITARY DRAIN PIPING, VENT PIPING AND APPURTENANCES, Articles 2.02 and 2.03, delete all references to cast iron pipe for drain pipe and fittings and vent pipe and fittings. 3.6 SECTION 15409 ROOF DRAINAGE PIPING A. Paragraph 1.01.A, add: overflow drain pipes. B. Article 2.01, delete all references to underground piping and to cast iron pipe for storm pipe and fittings. 3.7 SECTION 16501 LIGHTING FIXTURES AND LAMPS, delete subparagraphs 2.02.B.2.c and 2.02.B.4.a. 3.8 SECTION 16627 STANDBY GENERATOR SETS, Subparagraph 2.01.E.1.a, change to read: Rating by the manufacturer for standby operation at 45KW, 60 Hz, 1800 RPM for use with a 120/208 Volts AC, 3 Phase, 4 wire system. 3.9 SECTION 16725 FIRE ALARM AND SMOKE DETECTION SYSTEM, Paragraph 2.01.A, add: Gamewell Worldwide PART FOUR - MODIFICATIONS TO DRAWINGS: 4.1 SHEET A 1.00 A. Concrete Paving Notes, Note 02, change "15 inches o.c." to "18 inches o.c. maximum". B. Site Plan, add concrete walk at south east door opening 100B from Apparatus Bays as shown with dashed lines in lawn Area. 4.2 SHEET A 1.02, add Gate Details 11 as indicated on Drawing ADD 3.1 issued with this addendum. 4.2 SHEET A2.00, A. Room Finish Schedule, Showers 105A and 106A, clarification: Scheduled finishes are for areas adjacent to manufactured, prefinished fiberglass shower units. B. Plan Details 03 and 04 a. Grout fill and reinforce masonry block cells full height at openings adjacent to jambs, typical. b. Dampproof outside face of interior cmu in cavity. c. Add note for column: Steel pipe column, painted finish, reference structural drawings. C. Bench and cabinet in Shop 110 are not in contract. 4.3 SHEET A2.02, A. Delete Toilet Accessoryltem B, Recessed Towel Dispenser B. Revise Toilet Accessory Item J to: Semi-recessed Towel Dispenser and Waste Receptacle. C. Elevations 12,13 and 14: Delete reference to Toilet Accessory Item B. D. Plan Detail 03, provide 1 each metal shelving unit in Med. Supplies 113 and 2 each metal shelving units inAudio Visual 116 4.4 SHEET A4.01, SECTION 05 A. Add prefinished continuous, metal trim closure at bottom edge of canopy metal panel. B. Change Keyed Note 01 to 54. Proj. No. 328-1 00900-2 '~.J C. Add prefinished, continuous metal flashing at transition joint from standing seam metal panel at vertical wall surface to sloped panel on canopy. 4.5 SHEET A4.02 A. WALL SECTION 01 a. Changed Keyed Note for soffit to 02. b. Change Detail reference 01/A5.03 to Drawing ADD 3.2 B. WALL SECTION 02 a. Change Detail reference 01/A5.03 to Drawing ADD 3.2 b. Add notes to provide prefinished metal cap over icelwatershield undertayment on % inch, exterior grade plywood over steel stud framing members. C. WALL SECTION 03, a. Keyed Note 01 change to 47, and add to Keyed Note column, "Metal wall Panel with standing seam joinf'. b. Change Detail reference 07/A5.03 to 07/A4.04. 4.6 SHEET A4.03 A. DETAIL 04, Turn ice/water shield undertayment down over edge of roof behind metal edge trim. B. DETAIL 07, add Keyed Note 22 to face of vertical blocking. 4.7 SHEET A4.04 A. SECTIONS 01, 02 AND 03 a. Provide continuous strip of icelwater shield undertayment at top of parapet blocking under metal cap. b. Change metal soffit note to Keyed Note 65 c. Provide continuous prefinished metal trim at exterior edge of metal soffit per Drawing ADD 3.3. B. SECTION 04, Provide continuous strip of icelwater shield undertayment at top of parapet blocking under metal coping. C. SECTION 06 a. Turn icelwater shield undertayment from roof surface down 6 inches minimum on face of wall sheathing. b. Add Keyed notes 03 and 04. D. SECTION 07, add continuous membrane flashing extending from exterior face of Custom cmu and over the top of the custom cmu to the outside face of interior wythe of emu masonry and extending 8 inches up cmu face, E. KEYED NOTES a. Note 28, add "exterior grade" before plywood. b. Add Note 65: Metal Soffit Panel. 4.8 SHEET A5.02 A. DETAILS 01,02,04,05,06,08,09,11,12 and 13: Add Keyed Note 26 to outside face of interior cmu in wall cavity to provide dampproofing membrane. B. JAMB DETAIL 12, revise to standard coiling door jamb guide made up of two steel angles 3x3x3/16 and one steel angle 3x2x3/16 in lieu of sectional door guide shown. C. KEYED NOTES, Note 15, add: Transparent Finish. END OF ADDENDUM NO.3 Proj. No. 328-1 00900-3 'F" 1. Concrete and Unit Masonry Surfaces Scheduled to Receive Paint Finish: Remove dirt, loose mortar, scale, salt or alkali powder, and other foreign matter. Remove oil and grease with a solution oftri-sodium phosphate; rinse well and allow to dry. Remove stains caused by weathering of corroding metals with a solution of sodium metasillicate after thoroughly wetting with water. Allow to dry. J. Ferrous Metals: Clean nongalvanized ferrous-metal surfaces that have not been shop coated; remove oil, grease, dirt, loose mill scale, and other foreign substances. Use solvent or mechanical cleaning methods that comply with recommendations of the Steel Structures Painting Council. 1. Before power tool cleaning, remove visible oil, grease. Soluble welding residues and salts by the methods outlined in SSPC-SP1. 2. Power tool clean steel surfaces as recommended by the paint system manufacturer and in accordance with requirements ofSSPC specification SSPC-SP 3. 3. Treat bare or pickled clean metal with a metal treatment wash coat before pnmmg. 4. Touch up bare areas and shop-applied prime coats that have been damaged. Wire- brush, clean with solvents recommended by the paint manufacturer, and touch up with the same primer as the shop coat. K. Galvanized Surfaces: Clean galvanized surfaces with non-petroleum-based solvents so that the surface is free of oil and surface contaminants. Remove pretreatment from galvanized sheet metal fabricated from coil stock by mechanical methods. L. Interior Wood Items Scheduled to Receive Paint Finish: Wipe off dust and grit prior to priming. Seal knots, pitch streaks and apply sections with sealer. Fill nail holes and cracks after primer has dried; sand between coats. M. Shop Primed Steel Surfaces: Sand and scrape to remove loose primer and rust. Feather edges to make touch-up patches inconspicuous. Clean surfaces with solvent. Prime base steel surfaces. N. Exterior Wood Scheduled to Receive Paint Finish: Remove dust, grit, and foreign matter. Seal knots, pitch streaks and sappy sections. Fill nail holes with tinted exterior caulking compound after prime coat has been applied. O. Metal Doors Scheduled for Painting: Seal top and bottom edges with primer. Touch- up damaged shop primed surfaces. 3.3 APPLICATION A. Apply products in accordance with manufacturer's instructions. ProjecINo.:328-1 09910-5 A t7'- '.- '- ~, . \ ',,-' / :;;li . V / ::::.. '..: '~.../ .:- i.....: : -, '~. : ." .~ B. Do not apply finishes to surfaces that are not dry. C. Apply each coat to uniform finish. Apply each coat of paint slightly darker than preceding coat unless otherwise approved. D. Sand metal lightly between coats to achieve required finish. E. Vacuum clean surfaces free ofloose particles. Use tack cloth just prior to applying next coat. Allow applied coat to dry before next coat is applied. F. Where clear finishes are required, tint fillers to match wood. Work fillers into the grain before set. Wipe excess from surface. G. Prime concealed surfaces of interior and exterior woodwork with primer paint. 3.4 FINISHING MECHANICAL AND ELECTRICAL EQUIPMENT A. Paint shop primed equipment. Paint shop pre finished items occurring at interior areas. B. Remove unfinished louvers, grilles, covers, and access panels on mechanical and electrical components and paint separately. C. Prime and paint insulated and exposed pipes, conduit, boxes, insulated and exposed ducts, hangers, brackets, and collars and supports except where items are pre-finished. D. Paint interior surfaces of air ducts that are visible through grilles and louvers with one coat of flat black paint, to visible surfaces. Paint dampers exposed behind louvers, grilles to match face panels. E. Paint exposed conduit and electrical equipment occurring in finished areas. F. Paint both sides and edges of plywood backboards for electrical and telephone equipment before installing equipment. G. Reinstall electrical cover plates, hardware, light fixture trim, escutcheons and fittings removed prior to finishing. 3.5 CLEANING A. Clean work under provisions of Section 01770. B. Collect waste material which may constitute a fire hazard, place in closed metal containers and remove daily from site. Project No.: 328-1 09910-6 ~;-::h~":~~ r-j~ -\,.\ I r '/ ....",~~ I ..,-to"'" "-_< ! r' \ Nt/, S -,;1 3.6 GENERAL PAINTING REQUIREMENTS A. Exterior surfaces to receive scheduled coatings include: 1. All exposed wood unless noted otherwise. 2. Ferrous metal and galvanized metal unless notes otherwise. Touch up damaged or welded metal prior to finish coat applications. 3. Exposed conduit and piping. B. Interior surfaces to receive scheduled coating include: 1. All exposed wood or wood behind cabinet doors unless noted otherwise. Back- priming of all wood trim, millwork or finished carpentry prior to installation. 2. Ferrous metal and galvanized metal unless noted otherwise; touch up damaged or welded metal prior to finish coat applications. 3. Exposed conduit, piping, outlet boxes, raceways, and panel boxes except galvanized or aluminum piping located in mechanical or electrical rooms. 4. All exposed gypsum board unless otherwise noted. 5. All exposed cmu unless otherwise noted. 6. Factory-primed hardware. 7. Metal glazing frames at plastic laminate doors. 8. Hollow metal doors and frames. 9. Exposed steel roof deck and structural roof framing members. 3.7 SCHEDULE A. Interior Schedule 1. Drywall - Enamel Finish, semi-gloss: 1st Coat: PPG 6-2 Speedhide Latex Sealer Quick Drying Primer 2nd Coat: PPG 6-510 Speedhide Semi-Gloss Latex 3rd Coat: PPG 6-510 Speedhide Semi-Gloss Latex 2. Drywall-Enamel Finish, eggshell: 1st Coat: PPG 6-2 Speedhide Latex Sealer Quick Drying Primer 2nd Coat PPG 6-411 Speedhide Eggshell Latex 3rd Cost: PPG 6-411 Speedhide Eggshell Latex 3. Masonry Enamel Finish, eggshell: Block Fill: 2 coats PPG 6-7 Speedhide Masonry Block Filler Latex Primer: 2 coats PPG 6-7 Speedhide Masonry Block Filler Latex Finish: 2 coats PPG 411 Speedhide Interior Enamel Eggshell Latex 4. CMU Masonry - Acrylic Epoxy, semi gloss: Block fill: PPG 6-7 Speedhide Masonry Block Filler Latex Primer: Pitt-Glaze Interior/Exterior Block Filler Latex Finish: 2 coats Pitt-Glaze WB Water-Borne Acrylic Epoxy Project No.: 328-1 09910-7 -r.-: ..' - , -- .' . ,,~, -;.'* . .F ~.-' . . : ~ '\ .' j" :2.; 1'1:"/, / . .~~ 5. Ferrous and Galvanized Metals - Heavy Use: 1 st Coat: PPG 97-680 Multiprime Quick Dry Universal Primers 2nd Coat PPG 98-1 Aquapon Water Base Epoxy 6. Ferrous and Galvanized Metals - Decorative: 1 st Coat: PPG 97-680 Multiprime Quick Dry Universal Primers 2nd Coat: PPG 6-51 Speedhide Semi-Gloss Latex 3rd Coat: PPG 6-510 Speedhide Semi-Gloss Latex 7. Wood - Enamel Finish: 1st Coat: PPG 6-855 Speedhide Latex Undercoater 2nd Coat: PPG 6-90 Speedhide Wall & Trim Lo Sheen Oil 3rd Coat: PPG 6-90 Speedhide Wall & Trim Lo Sheen Oil 8. Wood Transparent Finish: Sealer: PPG &7-30 Rez Wood Sanding Sealer Color: PPG 77-560 Rez Semi-Transparent Oil Stain 2 coats: PPG 77-89 Rez Polyurethane Satin Varnish B. Exterior Schedule 1. Ferrous and Galvanized Metals: 1 st Coat: PPG 97-680 2nd Coat: PPG 6-900 Speedhide Gloss Latex 3rd Coat: PPG 6-900 Speedhide Gloss Latex END OF SECTION Project No.: 328-1 ,.~ h ,:;: ~ . \-. ,/ t-,/I, N; rJ, ~ Vi.,...-(i""./~ .. 1,J 09910-8 ,://:,~>-r'7 ~fl"f~~<:; \\ , I I , , - . / "- , ~ -,-~ .::; ---4c..-~., ---Xi . -------. -----...---.- '. LY~ L.-t\ -r ~M ---- _:::~~' -.:~~~~~...., . ;.~-' ' --...--;;? _z~.-:-. " +t ',c? t,::. /' it' . ij-''''-;; r ''S~L~''=E~flJf'2.~'t1;{ G~ ''6 ~ '-C~~~~OL:rs~ ~.. c;eC 07/p.1.0i. ~-,'''~'-~-~-r$ 'B,t<-~f ~+ ~::?o;\ .: fel'lc.c '7ec, ~\N~~ ~ i' I - ~ \l~ pf2- ~tz.~L.. HiH&E ilF: , .. t.'- .. I........ l/4- \1 I I rl ~ HING ti r~ ., \..~ . ffZ.~f\"\ I fv\\L- -r~ ~ M '-~'-~~~--'-t~ ~'t. '? ~ \~ fO'7T ~n: ~-ro;,:) . e- ~ ?7.tL-. " ~"'l ---, CAt'l e BOLl' ~ ~~[;7 11' r \. ~ O'Q 0\ I , , C 4i-1..1- (()&A ~... '''-.Mi~ P,l>.Hl: prO el' t (). "., I; I \' !,....\ ' I '~ , ; '". . _," __ .. '... ~. . _d _._ ~ . .-- ...- .__..~ .. -.-- . .- ._- -.--, -..- ! '-L1h~ \.., C \1. .' I c..r . . ~~h}{1.. '(.. ~;4 DAN S B V & MIL L E R A.I.A. ARC HIT E C T S 102 E. Edgebrook Houston. Texas n034 (713) 941-2751 FAX (713) 941-5408 Fire Station No. 2 City of La Porte DATE: (lfl"1 ( of. JOB NO. 328~1 DRAWING ~ \ NO. ADD ~. - NOTE' .\~~ ti'I I~ ~ '7E.C o-z,-)r.A,O'1-- 1, - L FfeFtt--l.~\L tFlM ~Tat \A.~L.L. P~Ne.. ~~L.-\" FA t4\::J., '<;ttAPEO f;<-/<:. ~\ rAl' ~ ~ c..-ttot-f fL.)f2~lNG C o"NtPP~~---~..._~ L fv\ e(v\e~AN6 6'iP~ ~~1t1 ,. ~t4c;Le: ~~e; ~ '"f1E-tM .1 . \ _. - ~~r ~,Ge>NCI ~ f~'=- J/ '. , · ~ ~'fl1.UC.T\ pN:;( --- ~E T~ll'v'\ .- - ---~-----.. -. -.' . --.- -~. ~... . -~---,------ . DAN S B Y & MIL L E R A.I.A. ARC HIT E C T S 102 E. Edgebrook Houston. Texas 77034 (713) 941-2751 FAX (713) 941-5408 Fire Station No.2 City of La Porte r DATE: \ \ 111--1 JOB NO. ~8-1 DRAWING ;.;;.. ~ NO. ADD ~, " - .--, ....~ ~ . .." i. r c. _~ 6 iF, 7tt\G ~L- w",u.; (.?fd4 ~~ Of'M~fG' M~Mf7Ff.NE ~-N" -H~~~ l ~LJf2(<.6 C I \ \ ( . ~ ~ \ , - . to r . .. Il " .. f: . - DAN S B Y & MIL L E R A.LA. ARC HIT E C T S 102 E. Edgebrook Houston, Texas n034 (713) 941-2751 FAX (713) 941-5408 Fire Station No.2 City of La Porte -? 4~~~rt ~~~ .t 'em\" p~ wALL f*-~ O'f-. r=~~6 ':OFF tT -rF-t rY\ .' .. ~........-........_-_.._---~.....-....---.-- -..-'~-~'-'~-,-- - DOCUMENT 00611 PAYMENT BOND #2137550 STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56111 LEGISLATURE, REGULAR SESSIONS, 1959 KNOW ALL MEN BY THESE PRESENTS, That Hull & Hull, Inc. Hereinafter called the Principal(s), as Principal(s), and ICW Group Hereinafter called the Surety, are held and finnly bound unto City of LaPorte Hereinafter called the Obligee, in the amount of One Million three hundred twenty thousand four hundred sixty-two and OO/100-----------i)01Iars($1,320,462.00---r for the payment whereot: the said Principal "and surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, date the day. of , to City of LaPorte, Tx. Fire Station No.2 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to.him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otheiwise to remain in .full force and effect. PROVIDED, HOWEVER, that his bond is executed pursuant to the provisions of Article 5160 of the Revised civil Statutes of Texas as amended by the Acts of the 56th Legislature, . Regular Sessions, 1959, and al1liabilities of this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copies at length herein. Project No. 328-1 00611-1 IN WITNESS ~REOF, the said Principal(s) and Surety have signed anq sealed this instrument this . 'r4H'#{-~A'>>d day of LJ~~L;n~ ~61 PRINC PRINCIPAL JCW Group SURETY COMPANY_ ~ BY~, A torney-in-Fact END OF DOCUMENT . , Project No. 328.1 00611-2 DOCUMENT 00612 ONE-YEAR MAINTENANCE BOND #2137550 THE ST ATE OF TEXAS COUNTY OF HARRIS KNOW ALL MEN BY THESE PRESENTS: That we, of Hull & Hull, Inc. Texas hereinafter called Principal, and lCW Group of Texas hereinafter called Surety, are held and firmly bound unto the_ City of LaPorte . . 6r!t:= JU,.i.llj,ufl UHe~ h..luJreJ LW~f)t.:l(~thousand . heremafter called Owner m the penal sum of rour nunared SlXL;V-L;WO and uujlw------ Dollars ($ 1 ,320,462. OO---j in the lawful money of the United States, to be in County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmed by these presents: THE CONDITION OF THIS OBLIGA nON IS such that WHEREAS the Principal entered into a certain contract with the Owner, dated the day of , a copy of which is hereto attached and made a part hereof for the construction of City of LaPorte, Tx. Fr~re Station No.2 NOW THEREFORE, if the said Contractor shall comply with the provisions of Subparagraph 12.2 of the General Conditions, and correct Work not in accordance with the Contract Documents discovered within the established one-year period, then this obligation shall become null and void, and shall be of not further force and effect; otherwise, the same is to remain in full force and effect. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribed by written notice to the sending party. Project No. 328-1 00612-1 IN WITNESS WHEREOF, this instrument is;:fcuted in seveI}'\ounterparts, each one of which shall be deemed an original, this the ZZ . da~ of Ut!bttH !uAJ :;'-e>f. (Seal) ~~~ Hull & Hul Principal By: ATTEST: Secretary Title: Address 2223 Kelly St. Houston, Tx. 77026 Title Address 6565 W. Loop South Ste. 50m I Bellaire, Tx. 77401-3509 . Note: DATE OF BOND MUST BE THE SAME AS DATE OF CONTRACT. ATTACH POWER OF ATTORNEY OF PARTY EXECUTING THIS BOND FOR THE SURETY. END OF DOCUMENT Project No. 328-1 00612-2 . DOCUMENT 00610 PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF HARRIS #2137550 , hereinafter called Principal, and KNOW ALL-MEN BY THESE PRESENTS: That we, Hull & Hull, Inc. . of Houston, Texas ICW Group of hereinafter called Surety, are held and firmly bound unto the Ci ty of LaPorte Texas hereinafter called Owner and unto all persons, firms and corporations who may furnish material!l forbor perforq11abor upon the building or improvements hereinafter referred to in the penal sum ofth~~~UJ:M It2nr tg~~aFggngI~~) t~~gty Dollars ($:1 ,320,462.00----)- in the lawful money of the United States, to be in County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmed by these presents: THE CONDITION OF THIS OBUGATION IS such that WHEREAS the Principal entered into a certajn contract with Ci ty of LaPorte the Owner, dated the day of , a copy of which is hereto attached and made a part hereof for the construction of City of LaPorte, Texas Fire StAtion Nn ? NOW THEREFOR, if the Principal shall well, truly, and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreement of said contract during the original term thereof and any extensions thereof which may be granted by the pwner, with or without noti~e to the Surety, and during the life of the one year guaranty required under such contract, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and shall promptly make payment to all persons, finns, subcontractors and corporations furnishing materials for or performing labor in the prosecution of or modification thereof, then his obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER: that is any legal action to be filed upon this bond, venue shall lie in County, Texas. Project No. 328-1 00610-1 And that the Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED FURTHER: That no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in seveJjountzarts, each one of which shall be deemed an original, this the "Z-z..~ day of '/Mn ~} .;l.O(!)~1 . (Seal) Secretary r~~r1 Hull & H Principal By: ATTEST: Title: Address 2223 Kelly St. Houston, Tx. 77026 Title Address 6565 W. Loop South'Ste. 501 Bellaire, Tx. 77401-3509 Note: DATE OF BOND MUST BE THE SAME AS DATE OF CONTRACT. ATTACH POWER OF ATTORNEY OF PARTY EXECUTING THIS BOND FOR THE SURETY. END OF DOCUMENT Project No. 328-1 00610-2 ACORQ" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDOIYYYY) 01/0S/200S PRODUCER (979) 542-3449 FAX (979}542-0469 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMM1oN Siegeler Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE OOES NOT AMEND, EXTEND OR 172 West Austin Street ALTER tHE COVERAGE AFFORDED BY THE POLICIES BELOW. Giddings, TX 78942-3294 INSURERS AFFORDING COVERAGE NAlC # INSURED Hull 1/ Hull, Inc. . INSURER A: Mid-Continent Casualty 23413 2223 Kelley Street INSURER B: American States of Texas 01 Houston, TX 77026 INSURER c: Scottsdale Ins. CO. INSURER 0: Texas Mutual Insurance CoqJany i INSURER E: Great American I COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED N30VE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO Al.L THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REOUCro BY PAID CLAIMS. INi': ~9,;~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 04-GL-51517 10/31/2004 05/31/2005 EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAlllABIUTY DAMAGE TO RENTED S 100,00(1 I CLAIMS MADE m OCCUR i! MED EXP (Anyone pefSCln) S excl udeCl , I A \ PERSONAL & ADV INJURY S 1,000,000 - , GENERAL AGGREGATE S 2,000,000 - GEN.l AGGREGATE LIMIT APPLIES PER: PRODUCTS"COMP~PAGG S 2,000,000 -, POLICY n ~~& n lOC , AUTOMOBilE LIABiliTY 01-BA-397652-2 01/21/2005 01/21/2006 COMBINED SINGLE LIMIT - (Ea accident). S ANY AUTO 1,000,000 - All OWNED AUTOS BODllof INJ(;RY X S SCHEDULED AUTOS (Per person), B X HIRED AUTOS BODilY INJURY Y (per aeeid~nQ $ NON.OWNED AUTOS f-- I-- PROPERTY DAMAGE S (per accident) GARAGE LIABILITY AUTO ONLY' EA ACCIDENT S =l ANY AUTO OTHER THAN EAACC S AUTO ONLY: AGG S EXCESSlUMBRELLA LIABILITY UMSOO16793 10/31/2004 10/31/2005 EACH OCCURRENCE S 1,000,000 :=J OCCUR o CLAIMS MADE , AGGREGATE S C . s =1 DEDUCTIBLE . .. S , '. RETENTION $ S WORKERS COMPENSATION AND SBP-0001l10361 10/31/2004 10/31/2005 l.rng!{ f:IU.;, I IO,llj" EMPLOYERS' LIABILITY E.L. EACH ACCIDENT 1,000,00(1 0 ANY PROPRIETORlPARTNERtEXECUlWE S OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYE! S 1,000,00(1 It yes, describe unde, 1. 000 . 00(1 SPECIAL PROVISIONS below E.L. DISEASE" POLICY LIMIT S OT~;R . IMP 62 91 10/31/2004 10/31/2005 E B~u, ders R1Sk $1,000,000 DESCRIPTION 0, OPERATIONS t lo.cA TI~NS t VEHICliS t EXCLU/>IOtlS ADDED BY l~RSEMENT t SPECIAL PROVISIONS ~dditiona Insured,n avor 0 Cert,f,cate ho er on Auto, GL, BR and Unarella. Naiver of Subrogation in favor of Certificate holder on Auto, GL~ HR, Una and WC City of LaPorte 604 W. Fairmont Pkwy LaPorte, TX 77571 CANC LATION SHOULD ANY OF THE A~E DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OATE'THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ..1Q.... DAYS WRITTEN NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE lEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABiliTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENT~TIVE CERTIFICATE HOLDER , @ACORO CORPORATION 1988 ACORD 25 (2001/08) No. 0004072 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint MICHAEL T. SIEGELER, TERESA L. MUNIZ, JENNIFER L. SMITH their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President State of California County of San Diego On December 5,2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instmment, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instmment. } ss. Witness my hand and official seal. 1@....MARYCOB8 I ,... . ...... ., COMM. #1321341 o " NOTARY PlJBlIC.CALlfOR~~IA :J fit . SAN OIEGO COUNrY 0 U I MyCommisslOrl Expires i J " SEPTEMBER 20.2005 ~&-hh Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOL VED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying. " CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in filII force. IN WITNESS WHEREOF, I have set my hand this day of ~ John H. Craig, Assistant Secretary To verify the authenticity ofthis Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 EI Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. t ~ i ! "DD 1+00 Q n '+00 ci '+00 ~tlO 1+00 I::::> <[ "00 ~ 2 i I iJ I ~ 4500 FT CANADA ROAD CITY OF LA PORTE, TEXAS WALSH I FREESE & NICHOLS. INC. 1'1'111:11 1I~ln TI'){II~ 1+00 +00 0+00 I ~ CB-1 '+llO I 10+00 111'00 I'::::> <[ ~ SCALE: ,",.,12 MILE t ~ FAIRMONT PRkW\' SITE VICINITY MAP CAA1.OH ~ i 2!+OO 20+00 21+00 2&+00 21+ I ~ I CB-3 I 2 i 12+00 l}+QQ l~+C() l~OO 16+00 17+00 IhOO 1'+00 20+00 21+00 22+00 23+00 I I::::> <[ I I '.::::>i I " CANADA RD. 48-+00 ~ CB-2 ~49+00 ~~' ~~ ~ ~ I Tolunay- Wong Engineers, Inc. Houston, Texas 100 100 . . ~ APPROXIMATE BORING LOCATION PLAN OF BORINGS rv") 1'\"" REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: W~ne Saho ~- Aoorooriation Agenda Date Requested: 12/13/04 Source of Funds: Department: PI~""iDg Account Number: Report: Resolution: Ordinance: X Amount Budgeted: Exhibits: Ordinance #04-2733-A Amount Requested: Exhibits: Budgeted Item: YES NO SUMMARY & RECOMMENDATION To satisfy the need for a board to hear and decide appeals regarding constmction codes and to conduct comprehensive reviews of the city codes, the Building Code Appeals Board was established by Ordinance #04-2733 in May 2004. Due to the limited number of council members at that time, the appointment of the seven (7) board members was delayed. At the November 08, 2004 City Council meeting, staff requested direction regarding the appointments of the board. The direction included some changes to the original ordinance and a request for staff to return on December 13, 2004 for appointment of the board members. Incorporated changes in Ordinance #04-2733.A are as follows: (1) Identify the (7) board positions are at-large appointees who will elect their chairperson (2) Individual shall be a resident of or operate a business in La Porte (3) Initial term of (3) years with subsequent terms to be staggered (4) Amend references in Section 3 to address the building codes rather than the zoning ordinance Action Reauired bv Council: Approve Ordinance #04-2733-A, amending Ordinance #04.2733 Approved for City Council Aeenda i!lH!d~~ 1~-2 - 01 Date ORDINANCE NO. 04- 2733-A AN ORDINANCE AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING CHAPTER 82, "BUILDINGS AND BUILDING REGULATIONS," ARTICLE I "IN GENERAL", BY AMENDING SECTION 82-11 AND ADDING SECTION 82-12, AND AMENDING SECTION 3 of ORDINANCE No. 04-2733; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; AND PROVIDING AN EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: SECTION 1. That Chapter 82, "Buildings and Building Regulations," Article I, "In General" is hereby amended by adding Sections 82-10, "Building Codes Appeals Board," et seq; Sec. 82-10 Building Codes Appeals Board In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of the building codes adopted in this chapter, there shall be and is hereby created by the City Council of the City of La Porte Building Code Appeals Board. Sec. 82-11, "Compilation of Board." The Building Code Appeals Board shall consist of seven (7) resident electors of the City of La Porte or non-resident individuals owning or operating a business within the City of La Porte, duly verified by proof of an applicable tax statement or utility account for such business, who the City Council deems competent to serve on such Board by virtue of their experience and training in matters pertaining to building construction. Members of the Building Code Appeals Board may not be employed by the City of La Porte. The chairperson of the Building Code Appeals Board shall be selected by its members. Sec. 82-12, "Term." Members of the Building Code Appeals Board are appointed by the City Council, for a term of three (3) years, and serve at the pleasure of the City Council. Initial Board members shall serve co-terminus three (3) year terms, expiring on the 31st day of August, 2007. Thereafter, at the conclusion of the initial 3 year term of the Board, members shall be appointed for staggered three (3) year terms, to be commenced as follows: holders of Positions 1 and 2 of the Board shall initially be appointed for a term of three (3) years, and thereafter appointed for three (3) year terms; holders of Positions 3 and 4 of the Board shall initially be appointed for a term of two (2) years, and thereafter appointed for three (3) year terms; holders of Positions 5, 6, and 7 of the Board shall initially be appointed for a term of one (1) year, and thereafter appointed for three (3) years terms. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant for any cause, in the same manner as the original appointment was made. All cases to be heard by the Building Code Appeals Board will always be heard by a minimum of four (4) members. Sec. 82-13, "Rules and Meetings." The Building Code Appeals Board shall adopt rules of procedure in accordance with the provisions of this chapter, and this code. Meetings of the Board shall be held at the call of the Chairman and at such other times as at least four (4) members of the Building Code Appeals Board may determine. All meetings of the Building Code Appeals Board shall be open to the public. The Building Code Appeals Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or in failing to vote, indicating such fact, and shall keep records of all of its official acts, all of which shall be immediately filed in the office of the City Secretary and shall become a public record. Sec. 82-14, "Powers and Duties of the Board." The Building Code Appeals Board shall have the following powers: 1. To hear and decide appeals from the determination of a building official where it is alleged that on a claim that the true intent of the building and construction codes adopted in this chapter have been incorrectly interpreted, that the provisions of a code adopted under this chapter do not fully apply, or that an equally good or better form of construction is proposed. The Building Code Appeals Board shall have no authority to waive requirements of this code. 2. The Building Code Appeals Board is to conduct a regular comprehensive review of the codes adopted in this chapter, and has the power to recommend to the City Council of the City of La Porte changes, additions, or deletions from said codes for any reason including the following: a. Defects in the text of the codes; b. Deficiencies created by improper or lax administration of the codes; or c. inconsistency with the State Statutes or judicial decisions. Sec. 82-15. "Action on Appeal." In exercising the powers set forth in this section, the Building Code Appeals Board, in conformity with the provision of this chapter and the codes adopted in this chapter, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, as ought to be made, of the Building Official, and to that end shall have all the powers of the enforcement officer from whom the appeal is taken. SECTION 2. All ordinances and parts of ordinances inconsistent, or in conflict, with this ordinance are hereby repealed, to the extent of such conflict only; provided, however, the City of La Porte reserves all rights and remedies which may have accrued to the City of La Porte for offenses which may have occurred prior to the effective date of the repeal of said ordinances. SECTION 3. All rights or remedies of the City of La Porte, Texas, are expressly saved as to any and all violations of applicable building codes or Chapter 82 of the Code of Ordinances or amendments thereto, of said City of La Porte, that have accrued at the time of the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this Ordinance; and that all existing violations of previous building codes which would otherwise become non-conforming uses under this Ordinance but shall be considered as violations of this Ordinance in the same manner that they were violations of prior building codes of said City of La Porte. SECTION 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. SECTION 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the publiC as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 6. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Thousand Dollars ($2,000.00). Each day a violation of this ordinance shall continue shall constitute a separate violation. SECTION 7. This Ordinance shall become effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of the Ordinance. PASSED AND APPROVED THIS THE lYoAYOF Pg~2004. CtTY OF LA PORTE ~ ~~-!- By: " r~ Alton E. Porter, Mayor ATTEST: BY:'~~~ MA THA GILL , City Secretary .~ ",,-- REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: December 13, 2004 Requested By: Wayne Sabo uf Department: Plannine Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Report: _Resolution: _Ordinance: l Amount Requested: Exhibits: 1. Ordinance 2. Area Map Budgeted Item: _YES ...x....NO SUMMARY & RECOMMENDATION The City has received an application from Randall Jones to vacate, abandon and close the alleys in Blocks 1135, 1136, and 1137, Town of La Porte, and a portion of the 14th Street Right-of-Way. The purpose of Mr. Jones' request is to acquire additional land needed to facilitate development of the Home Port Storage facility (see Exhibit No. 2-attached). A condition of the applicant's Special Conditional Use Permit (SCU #04-006) requires him to file an application with the City to close the streets and alleys within the boundaries of his proposed site. Mr. Jones Elans a phased development that will ultimately include the additional closings of South 12th and South 15 Streets at a future date. In reviewing the application, the Public Works Department has indicated that no existing City utilities are located within the subject alleys or right-of-way. Additionally, each of the City's franchised utility companies (i.e. Centerpoint Energy, SBC & Time Warner Communication) has received notification of the closing and has submitted letters of no objection. In accordance with Ordinance No. 98-2225, Staffhas arranged for an independent appraisal to be conducted of the alleys in question. As a result, the fair market value of the subject properties has been assessed at $.85 per square foot. The City has received compensation in the amount of $27,540.00 (75% of Fair Market Value as per the ordinance) from the applicant for the closings, which contain a total of 43,200 square feet. Recommendation: Staff recommends that City Council authorize vacating, abandoning, and closing of the alleys in Blocks 1135, 1136, & 1137, and the portion of the 14th Street right-of-way, Town of La Porte as petitioned by the applicant. Action Reauired of Council: Consider approval of ordinance to vacate, abandon, and close the alleys in Blocks 1135, 1136, & 1137, and the portion of the 14th Street right-of-way, Town of La Porte. Approved for City Council Agenda 1:J-2-0( Date }'.XflIB1't ~O.l -- - ordinance ._---,,,.-_.~..-,.-- ORDINANCE NO. 2004- A '600 AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEYS IN BLOCKS 1135, 1136, & 1137, TOWN OF LA PORTE AND A PORTION OF THE 14th STREET RIGHT-OF-WAY, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by the record owner of all of the property abutting the hereinafter described alleys in Blocks 1135, 1136, & 1137, Town of La Porte and a portion of the 14th Street Right-of-Way, Town of La Porte, Harris County, Texas~ to vacate, abandon, and permanently close the hereinafter described alleys in Blocks 1135, 1136, & 1137, Town of La Porte and a portion of the 14th Street Right-of-Way, Town of La Porte, Harris County, Texas~ and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter described alleys in Blocks 1135, 1136, & 1137, Town of La Porte and a portion of the 14th Street Right-of-Way, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of hereinafter described alleys in Blocks 1135, 1136, & 1137, Town of La Porte and a portion of the 14th Street Right-of-Way, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described alleys in Blocks 1135, 1136, & 1137, Town of La Porte and a portion of the 14th Street Right-of-Way, Town of La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. 2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described alleys of Blocks 1135, 1136, & 1137, Town of La Porte, and a portion of the 14th Street Right-of-Way, Town of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte, to wit: The entire alley of Block 1135, Town of La Porte, Harris County, Texas, containing six thousand four hundred (6,400) square feet as generally illustrated on Exhibit "A" attached hereto and made part of herein. The entire alley of Block 1136, Town of La Porte, Harris County, Texas, containing six thousand four hundred (6,400) square feet as generally illustrated on Exhibit "A" attached hereto and made part of herein. The entire alley of Block 1137, Town of La Porte, Harris County, Texas, containing six thousand four hundred (6,400) square feet as generally illustrated on Exhibit "A" attached hereto and made part of herein. The portion of the 14TH Street Right-of-Way situated between Block 1137, Town of La Porte and Block 1136, Town of La Porte, Harris County, Texas, containing twenty-four thousand (24,000) square feet as generally illustrated on Exhibit "A" attached hereto and made part of herein. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice ofthe date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further 3 ratifies, approves, and confirms such written notice and the contents and posting thereof. This ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, THIS GJL- DAY OF f) QC · . 2004. CITY OF LA PORTE ~y~ By: Alton Porter, Mayor \ \ APP~u~ Knox W. Askins, City Attorney 1( ~4 W. "K" ST. -\ 0 0 ~ ~ . 'Z 0 :r. N to--' 0 OJ 0 ~ ~ I ... ... ~ ... ...... 0\ ;- ~ 1 ~8 ~ W. "L" ST. 1 1\3 ~ , fAIRMONT PARKWAY - .-- - 1\ BS 16' rd 1~ 7 12~ ...... ~ ':T ~ 1 4 W. "M" ST. 1(b1B7 Ii' Bll' Ii' 50' 1~ 6 1~ 5 125' 125' 125' 125' 125' ...... ~ ':T ~ ...... vJ go ~ 1 1\6 1 ~S ~ PROPOSED STREEI & ALLE'f CLOS\I'IGS N.T.s. 1( ~8 1 ~4 tJ') :t: ...... ~ 0\ 12:5' 12:~ ...... ~ ':T ~ 1. ~7 EXHIBIT NO.2 Area Map AREA MAP (Home Port Storage) Prop. Streets & Alleys To Be Closed - [J (43,200 Total Sq. Ft.) REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 12/13/04 Appropriation Requested By: Wayne Sabo Source of Funds: Department: PI nnin Account Number: Report: X Resolution: Ordinance: X Amount Budgeted: Amount Requested: Exhibits: Fire Walk- Thru Report - 102 S. Lobit Budgeted Item: YES NO Exhibits: Ori2inal Condemnation Ordinance #2004-2767 Exhibits: Status Report on nan~erous Ruildin~s Group SUMMARY & RECOMMENDATION In July 2004 City Council reviewed the findings of the Dangerous Building Board ofInspection. Following that review, staff requested and was granted a public hearing date of August 23, 2004. Following the close of the public hearing, seven (7) of the ten (10) structures considered were condemned. The remaining three (3) structures were tabled and were to be addressed separately. Two of the three structures were tabled for thirty (30) days with the remaining one tabled for ninety (90) days. The two (2) tabled for thirty (30) days were reconsidered by Council at their September 27,2004 meeting. The owners of 10910 N. L demolished their structure so Council only had to reconsider the structure at 501 So. 4th Street. That structure was condemned at that meeting and is currently being demolished by the city. At tonight's meeting, staff has returned with the final "remaining" structure of the group. The structure at 102 S. Lobit was tabled for ninety (90) days at the August public hearing and that grace period expired on 11-22-04. Council is being asked to consider final action on the structure. Utilizing the Fire Walk-Thru Report developed on August 18,2004, staffnotes although the work is not complete, the contractors have completed the majority of the work. The exterior and interior structural work is complete and staff has talked with the general contractor about obtaining the required cover-up inspection that would allow sheetrock to be installed on the interior of the home. At this time, staff would recommend voiding condemnation ordinance #2004-2767 and directing staff to coordinate with the contractor in completing the remaining work. Also, for Council's information, staff is including a status report on the ten (10) structures that made up the original Summer 2004 Dangerous Building Group. Action Required bv Council: Consider voiding condemnation ordinance #2004-2767. Approved for City Council A2enda I~-J-()V Date Inspection by: Inspection Date: NOTE: STAN SHERWOOD FIRE WALK THRU REPORT 102 S. LOBIT Tommy CarpenterlMike Kirkwood 8/18/2004 A. B. C. D. E. Stop all new construction No permits or authorization to do any repairs All sheetrock removed from house 98% (approximately) of insulation removed West wall replaced and floor over master bedroom and floor joists rep laced All cabinets removed F. This walk-thru inspection was preliminary only. Items found by a City Inspector during the repair process must be corrected. EXTERIOR DAMAGE VISIDLE: · Roof damage and (50%) of the shingles removed, the remainder appears to be heat damaged. . Windows burned out . Charred wood located in over hang · Main electrical panel and weather head burnt out and removed from building INTERIOR DAMAGE VISIBLE: 1 ST FLOOR: Replace remainder of charred wood Found burnt wires Wiring removed (kitchen and bedroom) Smoke damage visible Air handler smoke damaged and requires replacement Plumbing broken in various locations 2nd FLOOR: Charred wood to be replaced Smoke damage visible Burnt wires and electrical boxes Plumbing in attic no longer in tact NON FIRE RELATED ISSUES 1) Electrical not to code A) Outlet spacing B) Number of circuits C) Need smoke detectors in each bedroom and at top of stairs 2) Replacement wood is alkaline copper. The nails used appear to be electro plated and if so, must be replaced with hot dipped galvanized nails. 3) Weather seal in various locations needs to be replaced. This requires removal of siding. 4) Beam at kitchen not to code. 5) No windstorm clips or bracing in building. 6) Hot water heater not accessible as per code 7) Provide workspace in front of air handler as per code. BASED ON 5-29-04 HCAD VALUATION: HOUSE AND GARAGE IS $2,220.00. PROPOSED REPAffiS WlLL EXCEED VALUATION BY MORE THAN 100%. In order to rebuild this home, the following state laws and city codes must be complied with and the house brought to 100 % code compliance. . Texas Wind Storm . Texas Energy Code . Texas Residential Construction Commission . 2003 International Residential Code . 2002 National Electrical Code . City of La Porte Ordinances All work shall be performed by licensed and insured contractors. S:\CPShare'JNSPECTION DI'<1SION'InspectiQns\F1RE DA,\L\GE W ALK-11lRU\ST Ai.'J" SHERWooD.doc ACTION OF CITY COUNCIL On this, the 24th day of August , 2004, the City Secretary of the City of La Porte, having received the above and foregoing report from the Board ofInspection of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of Article VIII, Section 82- 478, of the Code of Ordinances of the City of La Porte. CITY OF LA PORTE By: ATTEST: City Secretary CITY SECRETARY'S CERTIFICATE I hereby certify that on the day of , 2004, I mailed a notice to the above named owner, in connection with the above referenced property, said notice being in accordance with Article VIII, Section 82-478, of the Code of Ordinances of the City of La Porte. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. Martha Gillett City Secretary S:\CPShare\Code Enforcement\Action by City COWlcil Form.doc Aug. 2001 Rev. ORDINANCE NO. 2004- ~ 7 &> '? AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON LOT (S)25-27. BLOCK [t ADDITION Bayfront to La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Stanley D. Sherwood IS THE RECORD OWNER (S) OF SAID PROPERTY; ORDERING THE SAID OWNER (S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING; ORDERING THE SAID OWNER (S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITIllN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUlLDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances as amended by Ordinance #04-2700, that passed and approved on January 26,2004, creating a Dangerous Building Inspection Board (the Board) to be composed of the Building Official or his/her duly authorized representative, the Fire Chief or hislher duly authorized representative, the Fire Marshal or hislher duly authorized representative; and WHEREAS, Section 82-474 (a) of said section as amended by Ordinance #04-2700 provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall, make a thorough inspection of such building; and WHEREAS, Section 82-474 (e) of said section as amended by Ordinance #04-2700 provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board that the building located on Block 87. Lots 25-27. Bayfront to La Porte, which is further described as 102 S. Lobit, Harris Ordinance No. 2004- ;< 7 Cd 7, Page 2 County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a condition of decay or partial ruin or has become a public nuisance or hazard, as defined in Section 82-473 of the Code of Ordinances of the City of La Porte as amended by Ordinance #04- 2700; and WHEREAS, said Board ofInspection has heretofore made and filed its written report, dated July 8, 2004 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, Stanley D. Sherwood, whose address is 121 Lake Forrest Dr., Seguin. TX 78155-3112, that a hearing as provided in Section 82-477 of said Ordinance would be held at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on Certified mail returned "unclaimed" on 8-2-2004, a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on August 23, 2004 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Ordinance No. 2004- ~? ~ '7, Page 3 Section 1. This Ordinance contains the Findings of Fact , Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building to be a nuisance, and orders such building condemned. S~ction 4. The City Council hereby finds, determines and declares that Stanley D. Sherwood. who resides at 121 Lake Forrest Dr.. Seguin, TX 78155-3112 and is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said Stanley D. Sherwood has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Stanley O. Sherwood to entirely remove or tear down such building, and further orders the said Stanley D. Sherwood to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete such removal of demolition of such building within a reasonable time. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building to be affixed in one or more conspicuous places on the exterior of the building, which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property, the said Stanley D. Sherwood, by registered mail, return receipt requested. Section 8. Should the said Stanley O. Sherwood. not comply with the orders contained in this Ordinance relating to the removal or demolition of such building within ten (10) days after hereof, then the Board of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Stanley D. Sherwood, record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board shall Ordinance No. 2004- ;;< 7 b 'I, Page 4 carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building, and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting ofthe City Council was posted at a place convenient to the public at the City Hall ofthe City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the ~day of ~, 2004. CITY OF ~A POR~l \) , By: ~ L. ~~---- Mayor ATTEST: { L...fi)atti IL~UlL/ City Secretary DANGEROUS BUILDING GROUP~ (Summer 2004) Status Report 1) 3104 So. Hwy. 146 City Demo Complete Final grading underway 2) 405 Bayshore Dr. City Demo Complete Final site work underway 3) 618 So. Iowa City Demo Complete Final site work underway 4) 222 N. 5th City Demo Complete Final site work underway 5) 413 So. 2nd City Demo Complete Final site work underway 6) 501 So. 4th City Demo Started Debris clean-up & (Separate Bid) site work underway 1) 703 W. Tyler Owner Demo Complete Final site work underway 2) 1406 Browning Street Owner Demo Complete Final site work underway 3) 10910 N. L Owner Demo Complete File closed 1) 102 So. Lobit Owner Repair - Structural Work Complete Interior Wall Cover-up (sheetrock) still needed REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested December 13. 2004 Requested By: Alton E. Porter, Mayor Depart~or and City Council Appropriation Source of Funds: Account Number: Report: Resolution: Ordinance: x Amount Budgeted: ... Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The attached Ordinance appoints a Main Street Advisory Board with a mission to revitalize Historic Downtown La Porte. Positions 1, 2, and 3 appointment to expire August 31, 2005. Positions 4, 5, 6, and 7 appointments to expire August 31, 2006. Positions 8, 9, 10, and 11 appointments to expire August 31, 2007. Action Required bv Council: Approve the attached Ordinance appointing members to the Main Street Advisory Board. lJ - f -tJc/ Date De ORDINANCE NO. 2004- ~ ~DI AN ORDINANCE CREATING A MAIN STREET ADVISORY BOARD 1 ESTABLISHING THE TERMS OF OFFICE AND QUALIFICATION OF MEMBERS, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The city council of the City of La Porte hereby creates the Main Street Advisory Board, a new Board required by the Texas Historical Commission, whose mission shall be to help revitalize Historic Downtown La Porte. The Board shall consist of eleven ( 11) members, who need not be residents of the City of La Porte. The members shall be appointed by city Council for staggered three (3 ) year terms. positions 1, 2, and 3, shall expire August 31, 2005. positions 4, 5, 6, and 7, shall expire August 31, 2006. positions 8, 9, 10, and 11, shall expire August 31, 2007. Ex Officio members shall include the city of La Porte's Main Street Coordinator; the City Manager of the city of La Porte or her designee; and the Manager of the La Porte-Bayshore Chamber of Commerce. Section 2. The Board shall elect its Chairman, Vice Chairman, and Secretary. The, Board shall meet when called by its Chairman, or the City's Main Street Coordinator. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The city Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 13th day of December, 2004. CI~OF LA PORTE ~~~~ Alton E. Porter, Mayor By: ATTEST: ~tl!Jj~ fJ. ~vUt; Mar ha A. Gillet , City Secretary /.~ C( r T ;-1 c -1::1 c~ 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested December 13,2004 Requested By: Mayor Alton E. Porter Appropriation Source of Funds: nfa Department: ~4:11ygr'~ Office' Account Number: nfa Report: Resolution: Ordinance: x Amount Budgeted: nfa - Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION This is a continuance of appointments and replacements of boards and commission members expiring this term. The following positions still need to be filled/replaced: Alternate 2 - Planning and Zoning Commission Chairman, Position 1, Position 2, Position 3, Position 4, Position 5 and Position 6 - Building Code Appeals Board ..r- Position - 1 - Fire Code Review Committee Position - 5 - Fire Code Review Committee Position 6 - Fire Code Review Committee Main Street Advisory Board Building Codes Appeals Board The Main Street Committee, which was appointed by the City Council, has dealt with the majority of issues pertaining to the moratorium and has made those recommendations to Planning and Zoning, was well as to City Council. The final item that needs to be addressed is the architectural preservation measures; therefore, the ad hoc committee needs to stay in place until their task has been completed. Action Required bv Council: Consider approving Ordinance appointing positions to fill the remaining vacancies on Boards and Commissions. Approved for Citv Council A2enda ~CfA UJIJ~ U~ Debra .imine, C y aoager 1~-2--otf Date ORDINANCE NO. 2004-2782-A AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE, PROVIDING A SEVERABILITY CLAUSE, CONTAINING A REPEALING CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City Council of the City of La Porte hereby makes the following appointments to the Airport Advisory Board for the City of La Porte Municipal Airport, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1. - Debra Rihn * position 2. - Nick Hooke position 3 . - Hector Villarreal position 4. - Tucker Grant * position 5. - Steve Gillett position 6. - Eliminated by City Council on 7/13/98 by Ord. 98-2265 2007 2007 2006 2006 2007 FAA Representative william Gray No Term Airline Representative - Dan Myhaver No Term Section 2. The City Council of the city of La Porte hereby makes the following appointments to the Board of Directors of the City of La Porte Reinvestment Zone Number One, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1 Peggy Antone 2005 * position 2 Dave Turnquist 2006 position 3 Alton Porter (Chairman) 2005 * position 4 Horace Leopard 2006 position 5 Doug Martin 2005 * position 6 J.J. Meza 2006 * position 8 Chester Pool 2006 The City Council of the City of La Porte hereby ratifies the following appointments by La Porte Independent School District and Harris County: position 7 Mollie Helmlinger (LPISD) 2005 position 9 Lindsay R. Pfeiffer (Harris County) 2005 Section 3. The City Council of the City of La Porte hereby makes the following appointments to the Chapter 172 Employee Retiree Insurance and Benefits Committee, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: citizen position 1 Citizen position 2 Finance Staff H.R. Staff Legal Staff Section 4. The City Council of the city of La Porte hereby makes the following appointments to the Fiscal Affairs Committee, patricia Rothermel 2005 Kimberly Meismer 2006 Michael Dolby No Term Sherri Davis-Sampson No Term Clark T. Askins No Term without term, or until their successors shall have been duly appointed and qualified: Date Appointed Chairman Chuck Engelken 1998 Committee Member - Barry Beasley 2004 Committee Member - Howard Ebow 2004 Alternate Member - Louis Rigby 2004 2 Alternate Member - Tommy Moser 2004 Section s. The City Council of the city of La Porte hereby makes the following appointments to the Fire Code Review Committee of the city of La Porte, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: District 1 2005 District 2 District 3 District 4 District 5 District 6 At Large-A At Large-B Mayor Section 6. Richard Browder ~s Floyd Craft 2006 2006 2006 2006 ~~j 2005 Bryan Moore 2006 Tom Handy ~htel City Council of ~qu~ 2005 2006 The the City of La Porte hereby makes the following appointments to the La Porte Area Water Authority, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1 George Robert Roy 2005 position 2 Dennis H. Steger 2005 position 3 Steve Valerius 2005 * position 4 Chester Pool 2006 * position 5 Paul Berner 2006 Section 7. The City Council of the City of La Porte hereby appoints the following named persons, all of whom are residents of 3 the City of La Porte, and no more than four of whom are elected city officials or city employees, to serve as directors of the City of La Porte Development Corporation without compensation, but with reimbursement for actual expenses, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chuck Engelken, Jr. 2005 * Mike Clausen 2006 * Tommy Moser 2005 * Bill Love 2006 Edward Matuszak 2005 * Pat Muston 2006 Deborah Johnson 2005 Section 8. The City Council of the city of La Porte hereby makes the following appointments to the La Porte Health Authority, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Health Authority Abdul R. Moosa, M.D. 2005 Alternate Robert D. Johnston, M.D. 2005 Medical Advisor/EMS Oscar Boultinghouse Contract Section 9. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Redevelopment Authority, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1 * position 2 Peggy Antone Dave Turnquist 2005 2006 4 position 3 Alton Porter, Chairman 2005 * position 4 Horace Leopard 2006 position 5 Douglas Martin 2005 * position 6 J.J. Meza 2006 position 7 Mollie Helmlinger 2005 * position 8 Ches ter Pool 2006 position 9 Lindsay R. Pfeiffer 2005 Section 10. The city Council of the City of La Porte hereby makes the following appointments to the Main street District Committee, an "ad hoc" committee, without term, or until their successors shall position 1 position 2 position 3 position 4 position 5 position 6 position 7 position 8 position 9 Section 11. have been duly appointed and qualified: Bill Manning, Chairman No Term Robert Schlenk, Vice Chairman No Term Deborah Johnson No Term Douglas Martin No Term vicki Campise No Term Paul Berner No Term Pat Muston No Term Gloria Lair No Term Brenda Brown No Term The city Council of the City of La Porte hereby makes the following appointments to the Main street Advisory Board, a new Board required by the Texas Historical commission, for terms expiring on August 31st of the year indicated, or until 1 have been duly appointed and a CvU- rcJM1Md10I ~ J tIt1.u<JU J 5 qu~l.. ified: 20 5 2005rL. ~r~ their successors shall 2 position 3 ~ i~flllHUf 2005 {)lP~ f'ftIN~ 2006 ~ YJtdf!(~ 2006 6 i ~f <-fff.vJZMu 2006 7 2006 8 ~ '-fKL 1/1t1L 2007 9 fii#J ~ 2007 position 10 position 11 There are also three (3 ) Ex Officio members of this Board: 1 the City of La Porte's Main street Coordinator 2 the City Manager of the City of La Porte, or her designee 3 the Manager of the La Porte - Bayshore Chamber of Commerce Section 12. The city Council of the City of La Porte hereby makes the following appointments to the City of La Porte Planning and zoning commission, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: District 1 District 2 District 3 * District 4 * District 5 * District 6 Pat Muston 2006 Doretta Finch 2005 Nick Barrera 2006 Kirby Linscombe, Jr. 2006 Dottie Kaminiski 2007 Paul Berner 2007 Claude Meharg 2005 * Chairman 6 position 16 Ashley N. Weddle 2005 Section 15. The city Council of the city of La Porte hereby makes the following appointments to the zoning Board of Adjustment, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 1 Sidney Grant 2005 position 2 position 3 position 4 position 5 * Alternate 1 * Alternate 2 Section 16. Bob Capen 2005 Rod Rothermel 2005 Charles Schoppe 2005 George (Bill) W. Maltsberger 2005 Lawrence McNeal 2006 Gilbert Montemayor 2006 The city Council of the City of La Porte hereby appoints the following named persons, all of whom are resident electors of the City of La Porte or non-resident individuals owning or operating a business within the City of La Porte, duly verified by proof of an applicable tax statement or utility account for such business, and each of whom the City Council deems competent to serve on such Board by virtue of their experience and training in matters pertaining to building construction, and none of whom are employed by the City of La Porte, to serve as members of the Building Codes Appeals Board for terms expiring on August 31st of the year indicated, or until their successors shall have * position 1 qualified: t;:;~;dl 2007 been duly appointed and * position 2 2007 8 * position 3 ~~U~ 2007 * position 4 fu~ 2007 * position 5 t<U/ >L~ 2007 . '-' * position 6 rf-jut, V#~) 2007 * position 7 ~J~ 2007 Section 17. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 18. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. Section 19. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the city Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government ::=ode; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally 9 acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 20. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this ~ day of .of (, . , 200_ CI~ \ OF LA P~O~TE . ~l~__ ~~~~ Alton E. Porter, Mayor By: Secretary r: ..W;/j~- ~ ~T~ Knox W. Asklns, C 1 t Y At rn y 0. JJ;i. c '~I:J ct'l-!:J ' 10 -- ,- A e_ City of La Porte Interoffice Memorandum Date: November 22, 2004 To: Mayor and City Council From: John Joerns, Assistant Subject: Public Improvement Districts (PIDs) RE: Memorandum Dated September 1, 2004 (Attached) There has been a filing for a PID in the City of La Porte within the TIRZ. This item is scheduled for a workshop item on the December 13 City Council Agenda. David Hawes, TIRZ Consultant, is tentatively scheduled to attend. -- Attached is general information from the Attorney General's Office regarding Public Improvement Districts. JJ/ml Attachments c: Debra B. Feazelle, City Manager Cynthia Alexander, Assistant City Manager - City of La Porte Interoffice Memorandum To: TIRZ / La Porte Redevelopment Board David Hawes, Board Consultant From: John Joerns, Assistant City Manager cc: Debra B. Feazelle, Ex-Officio Cynthia Alexander, Ex-Officio Knox Askins, Ex-Officio Date: September 1,2004 Subject: Request for PID ,-,~ Mr. Fogarty has been informed of the reimbursement level approved by the Redevelopment Authority at its last meeting. Preparations are being made to finalize that agreement - no significant changes/issues have surfaced. Mr. Fogarty has since requested (through David Hawes) consideration of a PID (Public Improvement District) to assist him in recouping some expenses that the Authority's reimbursement will not cover. At this time there has been no discussion of the level of PID assessment he is seeking. PID's are allowable per the adopted Guidelines and Tri-Party Agreement. In fact, a PID may be a successful way of addressing future maintenance issues for the detention basins, perimeter fencing, landscaping, etc. Staff has been in discussions with Mr. Fogarty regarding these items. The collection of a PID assessment levied by the City would be easier and preferable than relying on a Homeowners' Association to undertake this kind of maintenance activity. I anticipate that a discussion regarding the creation of a PID will be on the next TlRZlRedevelopment Authority agenda (Tentatively September 22, 2004). JJ/ml c: Mayor and City Council ,- Page 1 of 11 The Attorney General's HANDBOOK ON ECONOMIC DEVELOPMENT LAWS FOR TEXAS CITIES Volume 1 VII. Economic Development Through Infrastructural Improvements Public Improvement Districts MlmL~jp~LMm:lJ!geIIl~1l1Pi~tri~t~ Public Improvement Districts L~".............................w..........,. _,.....~,............,",'w'~.' '."~.' -- Cities often need to make certain improvements to their infrastructure to facilitate economic growth within an area. New businesses may choose not to locate where there are inadequate streets, substandard utility service, or other public facilities or services that are inferior. It is also difficult for existing businesses to prosper in areas that have poor public infrastructure. Texas law provides a number of ways to finance needed public improvements, including the use of special assessments. Public Improvement Districts (PIDs) offer cities a means for undertaking such a project. The Public Improvement District Assessment Act allows any city to levy and collect special assessments on property that is within the city or within the city's extraterritorial jurisdiction (ETJ).(525) The statute authorizing the creation ofPIDs is found in Chapter 372 of the Local Government Code. The public improvement district may be formed to accomplish any of the following improvements:(526} . water, wastewater, health and sanitation, or drainage improvements (including acquisition, construction, or improvements of water, wastewater, or drainage improvements); . street and sidewalk improvements (acquiring, constructing, improving, widening, narrowing, closing, or rerouting sidewalks, streets, or any other roadways or their rights-of-way); ,- . mass transit improvements (acquisition, construction, improvement, or rerouting of mass transportation facilities); . parking improvements (acquisition, construction, or improvement of off-street http://www.oag.state.tx.us/AG_Publications/txts/ED_ch07.htm 11/912004 Page 2 of 11 parking facilities); . library improvements (acquisition, construction, or improvement oflibraries); . park, recreation, and cultural improvements (the establishment or improvement of parks); . landscaping and other aesthetic improvements (erection of fountains, distinctive lighting, and signs); . art installation (acquisition and installation of pieces of art); . creation ofpedestrian malls (construction or improvement of pedestrian malls); . similar improvements (projects similar to those listed above); . supplemental safety services (supplemental safety services for the improvement of the district, including public safety and security services); or . supplemental business-related services (supplemental business-related services for the improvement of the district, including advertising and business recruitment and development). The nine steps involved in creating a public improvement district are as follows: ,_. .".-.. Step 1. The city or a group of the affected property owners must initiate a petition that calls for a dermed area of the city to be declared a public improvement district.(527) The petition must state:B28) 1) the general nature of the proposed improvements; 2) the estimated cost of the improvements; 3) the boundaries of the improvements; 4) the proposed method of assessment, which may specify included or excluded classes of assessable property; 5) the proposed apportionment of costs between the public improvement district and the municipality as a whole; 6) whether the district will be managed by the municipality, by the private sector, or by a partnership of the two; - 7) that the persons signing the petition request or concur with the establishment of the district; and 8) that an advisory board may be established to develop and recommend an improvement plan to the governing http://www.oag.state.tx.us/AG_Publications/txts/ED_ch07.htm 11/912004 Page 3 of 11 body of the municipality. The petition is sufficient if it meets two conditions. First, it must be signed by owners of more than 50 percent of the taxable real property value that is subject to assessment under the proposal. Second, the petition must also include signatures from more than 50 percent of the number of taxable property owners who would be assessed, or include signatures from owners of more than 50 percent of the surface area to be assessed under the proposal. Step 2. After receiving a petition to establish a public improvement district, the governing body of the city may appoint an advisory board to develop an improvement plan for the PID. (529) Texas statutes do not provide a set number of members for the advisory board. The membership on the board, however, must be sufficient to meet two criteria. First, it must be composed of taxable real property owners who represent more than 50 percent of the appraised value of taxable real property that is subject to assessment. Second, this board must include representation by more than 50 percent of the property owners who would be liable for assessment, or include more than 50 percent of the owners of taxable surface area under the proposed plan. ....-... ~.-. Upon initiation of the PID by petition, the governing body of the city should prepare a report on whether the improvements are feasible and whether the plan should be augmented by other authorized improvements.Q2Q1 The feasibility report may be conducted using the services of municipal employees or outside consultants. The purpose of the report is to determine whether an improvement should be made as proposed by the petition, or in combination with other improvements authorized under Chapter 372 of the Local Government Code. Step 3. A public hearing on the advisability of the improvements must be conducted after meeting statutory notice requirements.g1ll After the feasibility study is completed, a public hearing must be held by the governing body of the city to determine the advisability of the proposed improvements. Notice of the public hearing must be published in a newspaper of general circulation in the municipality more than 15 days prior to the date ofthe hearing. Additionally, notice of the PID must be mailed more than 15 days prior to the date of the hearing to the owners of property within the proposed PID. The notice must contain the following information: 1) the time and place of the hearing; 2) the general nature of the proposed improvements; 3) the estimated cost of the improvements; 4) the boundaries of the proposed district; 5) the proposed method of assessment; and .- 6) the proposed apportionment of cost between the improvement district and the municipality as a whole. The municipality must make findings regarding items 2) through 6) by resolution from http://www.oag.state.tx.us/AG_Publications/txts/ED_ch07.htm 11/9/2004 Page 4 of 11 information gathered at the public hearing. Additionally, the municipality must make findings (by resolution) regarding the advisability of the proposed improvements. Step 4. The governing body of the city must adopt a resolution by majority vote authorizing the creation of a PID.(;?]ll The authorization of tile PID must be done within six months of the public hearing on the PID. The authorization is effective once notice of the resolution is published in a newspaper of general circulation in the municipality. If any part of the improvement district is located in the extraterritorial jurisdiction (ETJ) of the municipality, the notice must also be published once in a newspaper of general circulation in the city's ETJ. Step 5. Twenty days after authorization of the PID, the city may begin construction of the improvements. (533) Construction may not begin, however, if within the 20 day-period a protest petition is filed. Such a petition must be signed by owners representing at least two-thirds of the taxable surface area of the district or by two-thirds of all the land owners in the district. In response, the governing body of the city may choose to assess only part or none of the area of the district.(534) The area to be assessed may not, in any case, be increased beyond the boundaries described in the original notices unless an additional notice and public hearing are provided.LiJ51 Step 6. A five-year on-going service and assessment plan must be developed.(;?36-1 ..........,-~~ The service and assessment plan must define the annual indebtedness and projected costs of the improvements for the PID. The plan must also be reviewed and updated annually for purposes of determining an annual budget for the PID. The plan may be prepared by the municipality or by the PID advisory board, if one is appointed. In addition, the governing body of the city must prepare an assessment plan.(~TI..l The assessment plan must provide that at least ten percent of the cost of the improvements is covered by assessments against taxable property within the PID. Assessments must be based upon the special benefits that accrue to the property because of an improvement.(;?38} Costs may be assessed in any manner that results in equal shares of the cost being absorbed by similarly benefitted properties within the PID. Assessments may be adjusted annually upon review of the service plan. The city is responsible for payment of assessments against exempt municipal property within the district. (539) Payment of assessments by other tax exempt jurisdictions must be established by contract. Step 7. The city must provide notice and a hearing to determine the total cost of the improvements and to prepare an assessment roll. (540) ...- A copy of the proposed assessment roll must be filed with the city secretary. Notice of the public hearing on the roll must be mailed to affected property owners. The notice must also be published in the newspaper in the same manner that notice was given for the creation of the PID, except that at least ten days' notice must be provided. An additional statement must be included in this notice that written or oral objections will be considered at the public hearing. At the public hearing, the governing body must hear and rule on any objections that are raised.C5_4D http://www.oag.state.tx.us/AG_Publications/txts/ED_ch07.htm 11/9/2004 Page 5 of 11 Step 8. After all the objections have been heard and considered, the governing body may levy, by ordinance the special assessment against the taxable properties within the district. Q4.~l The ordinance must include the method of payment and may provide for installment payments to meet annual costs and retire any indebtedness for the improvements within the district. The assessment is a first and prior lien against the property, superior to all other liens and claims except liens for state, county, school district, or city ad valorem taxesJi4)} The costs of the improvements called for under the district may be paid from available general funds of the municipality, any special assessments levied, and from proceeds of the sale of general obligation bonds and related revenue bonds, temporary notes, and time warrants.(~_:H.2 Step 9. The governing body may make additional assessments against property within the district to correct omissions or mistakes regarding the costs of the improvements. ilijl Before such an additional assessment may be assessed, the city must provide the same type of notice and public hearing that was required for the original assessment. --, ,.-... A public improvement district may also be dissolved after public notice and a public hearing has been held.,(i4fu The notice and hearing requirements are the same as those required to create a PID. A petition requesting dissolution must be filed with the city secretary and must contain the signatures of at least the same number of property owners required to create the PID. If the district is dissolved, it stays in effect until it has paid off any indebtedness that remains for the improvements. Municipal Management Districts Municipal management districts are a relatively new statutory vehicle that allows commercial property owners to enhance a defmed business area. The districts, also called downtown management districts, are created within an existing commercial area to finance facilities, infrastructure, and services beyond those already provided by individual property owners or by the municipality. The improvements may be paid for by a combination of self-imposed property taxes, special assessments, and impact fees, or by other charges against property owners within the district. The creation of such a district does not relieve a city from providing basic services to an area included within the district. A district is created to supplement, not to supplant, the municipal services available to the area. A number of Texas cities have used municipal management districts to provide much-needed funding to enhance the economic vitality of the business centers within the municipality. The statutes governing municipal management districts are located in Chapter 375 of the Local Government Code. An area is eligible for designation as a municipal management district if it is devoted primarily to commercial development or business activity.Q4.l} A district may include the ,- extraterritorial jurisdiction of a city, if the city has a population of at least 25,000 and if the area has an assessed valuation of $500 million or more according to the appraisal district. A municipal management district is considered a governmental agency and a political subdivision of the state. (548) http://www.oag.state.tx.us/AG_Publications/txts/ED_ch07.htm 11/9/2004 October 25, 2004 /It. J.~.i' ..~~ ,"(:'1~ ~~, ;t .. .' . .. .." .,,- HAWES H I LLCALDERON LLP 0,..-, ? - i\} iLl To: City Secretary, City of La Porte From: David Hawes Subject: Petition for the Creation of the Lakes at Fairmont Green Public Improvement District Dear Madam: In accordance with Chapter 372 of the Texas Local Government Code, attached is an original petition requesting the creation of a public improvement district within the corporate limits of the City of La Porte. Attachment: 1. Original Petition Thank you for your attention to this matter,./.Snould you have any questions, please contact me or Mr. John Joerns, A~g City Manager. /j1t;'1;"Q 2500 Tanglewilde Street, #260 Houston, Texas 77063 P.O. Box 22167 Houston, Texas 77227-2167 Office 713 . 541 .0447 Fax 713.541.9906 www.haweshilkalderon.com PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT THE STATE OF TEXAS COUNTY OF HARRIS TO: THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: The undersigned petitioner (the "Petitioner"), acting pursuant to the provisions of Chapter 372, Texas Local Government Code, together with all amendments and additions thereto, petition this Honorable City Council to create a public improvement district ("District") in the territory described by metes and bounds in Exhibit A and map reference in Exhibit B attached hereto (the "Land") within the City of La Porte, Texas (the "City"), and in support of this petition the Petitioner would present the following: ,'-,,- Section 1. Standing of Petitioner. In compliance with the requirements of Texas Local Government Code, '372.005(b), as determined by the current roll of the Harris Central Appraisal District, the Petitioner constitutes the owner of (i) more than 50 percent of the appraised value of real property liable for assessment under the proposal described herein; and (ii) taxable property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under such proposal. Section 2. General nature of the proposed public improvements and supplemental services. The proposed public improvements include the construction of water, wastewater and drainage facilities, storm water pollution prevention facilities, engineering services, fmancing and interest costs, and administrative and legal services for the proposed District. The Supplemental Services consist of special services that will confer benefit on all property in the District. These services include maintenance of the sound barrier structures, parks, detention, and other common facilities and the necessary administrative, legal, and engineering costs associated with the maintenance of these structures and facilities. Section 3. Estimated cost of the proposed public improvements: $3,750,000.00. Section 4. Estimated cost of the proposed supplemental services: $3,250,000.00. Section 4. Boundaries. The proposed boundaries are described in Exhibits A and B. , ".,- Section 5. Method of assessment. The proposed method of assessment shall be based upon (i) an equal apportionment per square foot of property benefiting from the public improvements, as determined by the City Council, (ii) an equal apportionment on a per lot basis benefiting from the public improvements, as determined by the City Council, (iii) the ad valorem taxable value of the property benefiting from the improvements, or (iv) any combination thereof. Section 6. Apportionment of cost. 100 percent of the cost of the proposed improvements shall be paid by assessment of the property owners within the District. Section 7. Management of the District. The management of the District will be the ultimate responsibility of the City Council of the City; provided that, to the extent allowed by law, the City may initially contract with either a non-profit or profit organization to carty out all or a part of such City responsibilities, as well as the day-to-day management and administration of the District. Section 8. Concurrence of the Petitioner. The Petitioner signing this petition concurs in and requests the establishment of the District. Section 9. Advisory board. An advisory board may be established to develop and recommend an improvement plan to the City Council. This petition shall be filed with the City Secretary in support of the creation of the District by the City Council as herein provided. [Signature on following page] --..~ PETITIONER 65 La Porte, Ltd., A Texas Limited Partnership, by its general partner NEHC Properties, Inc. THE STATE OF TEXAS COUNTYOF /"/AR~/IS tJt This instrument was acknowledged before me on this 'I - day of~~e~ 2004, by Joseph Forgarty, President ofNEHC Properties, Inc, a Texas corporation, general partner of 65 La Porte, Ltd., a Texas limited partnership. , NO~!!~ (NOTARY SEAL) r~\..;;~lIt"I' I '~'{;{"""~.$>/'" - ..:::.t".~i" I{:{.~.:d .I ....,'Y)~.... .~:,:-';:~" ';li "'j.?~;;\,;\' ~. DONNA L. CUFFORD MY COMMISSION EXPIRES Januari 22, 2006 - '.-".".-.. - -- Exhibit A The Land METES AND BOUNDS DESCRIPTION - \ - ~ ::::: -:: ~ ~ " \oJ ,~ ~ -- ~ ~ l{j ...-.r;;;;;;;z ~ ~ >J ~ ~ "A '1 Ex:. t-/rOII' ...~li, 19.169 ACRE TRACT ~ ~ , ~ , " Beini a 19.169 acre (835,020 aq.f~.) ~ract of land. comJlrU1ni' parT. of t.he Town o~ LIS Poru (Vol. 60. Pa. 1.12, . H.C.D.R.), Johnson HUI'lt.or Survey, 8IlUt, L~ Porte, HarrisCount.y, Texaa. The 19,189 acre ~ract a~ aurveyed~y H. Carlos Smi~h, Ensineer~ & Surveyor~,lnc:, on April 20-22~ 1988 and is more part.1aularly described by met.es and bounds a= follows: BeB'1nnins at. ~he'NQrthwe!lt corner -of t.his 19.169 .Dcre 'tracT..; said point. beins coin~1dont with t.he Sou~hwes~ corner of Ba~ Point. (Gardenwalk) Townhomes (Vol. 195, PSt 18. H,C.M.~.) ~n~ ~he East. richt-of-way. lino of Stat.aiSh~aY 148 and from which a 1/2 inch iron rod was found 0.07 feet. South and 0.~3 feo~ Ea~t and a "X" chiseled in concX'e't.e ."beal's North 89 degree~ 59 m1nute:s 41 seconds West. a d1sT..ance ot 26.49 fE:e~. - Thenca. ::!out.h as deKreo~ 55 m1nuT..es 41 seconds Eas't (Cal.l EAST); coi~c1den~.wlt.h.the South boundary line of s~id Bay P01nt Townhomes: paSsing .at 298.18 feet a 3/4 inch iron pipe found 0.17 teet North: for a to't.al dist.ance of 938.00 fes't. ~he Northeas't corner of 'this 19.169 acre t.rac't. and from which a 5/6 inch"iron rod :wa~ found 0.20 feet. North and a 3/4 inch iron pipe lias found 0.05 feet. Nonh.and 1.88 fE:et..Ea:rt.. . Thence, Sou~h; 'ooincident ,*1 th t.he West.' bOl.\ndaX'y 1 lne of Littlo Cedar Bayou Park; &. dl:!1tance of 461. 68 feet. to a 5/8 lnch iron rod found for corner. Thence, West.: .coincident-'with the North poundat'Y line of. that certain 3.399 aeX'e i-rac1:, (Trac't IV), lH.C.C.F. No,'"K7647o\l) comprising paX't. at Ci't.y of La Porte Bay Forest Golf Course; a distance of 100,00 f~et t.o A 5/8 lnch iron rad found tor carner. Thence, South: coincident. with th6 Westbol.\ndary line of said City Of La Porte 3.399 acre ~ract; a distance of 467.73 feet to a 6/8 inch irbn' rod set. for the Southeast corner of this 19.169 acre tract.. . Thence. West; coinoident with t.he North boundary line of Parcel 2(20.000 Acro tract): a dist.ance of 859.72 t~et to ~ 5/8 1ncll 1-ron rod e.ct for the Southw8:11: corner of t.h1s 19.169 Elcr~ tract.. Thence. No~th 0 degrees 02 m1nl.\t.ea Ol ~econds ~a~t: coincident with' the East r1ght.-oi-way line of .St.~t'El Highway 14 6; a di9~ance of 391.76 feet to a ConCrete Mo~ument (top ~roken off) found for cor~er.' Thence, South 87 degrees 56 minu~es 30 ~~conds [8$'t.; coincident wit.h t.he South riSht-of-way line of. S'ta't~ HighwayH6; .8 d1s~ance of 16.60 feet. t.o a 1/2 1~ch i~on rod fuund for corner. - . Thence, Nort.h 0 decrees 31 m1nu~e~ 19 :!Ieco~d~ E&5t.; . t;"c.1f1c1d(';nt wit.h ~he East. right.-of-way line of Stat.e Highway 148; ~ dl~taflCf: of 5S8.53 feEl't to 'thE: POINT OF BEGI~JHNG. m >> D ~ h D r Q ~ n EXlllBIT "Au ) ) fAKc.eL. .3 BEING A ...1.992 ACRE (1.829.187 SQUARE FEET) TRACT OF lAND IN iHE TOWN OF LA POR11: (VOL 60; PC. 112 H.C.D.R.). JOHNSON HUNTER SURVEY, A""35, AND W. P. HARRIS SURVEY. A-3O, LA PORTE, HARRIS COUN1Y, TEXAS, />S SURVEYED BY H. CARLOS SMITH.. ENGINEERS & SURVEYORS, INC., APRIL . 1986. AND BEING MORE PARTICUlARLY. DESCRIBED BY METES AND BOUNDS I>S FOLLOWS: BEGINNING AT A 5/8 INCH I~ON ROD SET AT THE INTERSECTION OF THE EAST RlGIfT-OF-WAY LINE OF STATE HiGHWAY 146 WITH THE NORTH RIGHT-OF-WAY LINE Of' . WHARTON WEEMS BOULEVARD (H.C.C.r. NO: E563165). THENCE IN A NORTHERLY' DIRECTION. WITH THE EAST LINE OF STATE HIGHWAY 145. FOllOWING A NON-TANGENT CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 06 .DEGREES ...... MINUTES 36 SECONDS. A RADIUS OF 5906.03 FEET, CHORD BEARING AND. DISTANCE OF NORTH 03 DEGREES 18 MINUTES 00 SECONDS EI>ST, 694.71 FEET. 'AN ARC DISTANCE OF 695.11 FEET TO A 5/8 INCH IRON ROO sq AT THE . POINT OF TANGENCY; - THENCE NORTH 00 DEGREES ()2 MINlJfES 01 SECONDS dsr, CONTINUING WITH THE EI>ST RIGHT-Of'-WAY LINE OF STATE HIGHWAY 1"'6, FOR A DISTANCE OF 667.45 FEET TO 1'HE. NORTHWEST CORNER OF THIS 41.992 ACRE TRACT. BEING THE SOUTHWEST CORNER OF PAReR 2 (20.00 ACRE TRACT), FROM WHICH A F'ENCECORNER BEARS SOUTH ;uj DEGREES 26 MINUTES EAsT. 1.36 FEET; . . . THENCE NORTH 90 DEGREES 00 MINlJfES 00 SECONDS EAST. WrTH THE SOUiH LINE OF 7S'/ STREET (CLOSED BY HARRIS COUN1Y COMMISSIONER COURT. VOLUME 5307, PAGE 419 HARRIS COUNTY OEEO RECOROS), P/>SSlNG AT 860.31 FEET THE SOUT.HEI>ST CORNER OF'. PARCEL 2 AND THE SOUTHWEST CORNER OF THAT CERTAIN 3.299 ACRE TRACT rv (H.AAA!S COUNTY CLERKS FlLE NO. K784741), PASSING AT 960.31 FEET nlE SOUTHWEST CORNER Of' . THE 3.399 ACRE TRACT, AND THE SOUTHWEST CORNER OF THE CITY OF LAPORTE BAY FORREST GOlf COURSE. FOR A TOTAL DISTANCE OF 1236.31 FEET TO THE NORTl:lEAST CORNER OF THIS "'1.992 ACRE TRACT. FROM WHICH A FENCE CORNER BEARS SOUiH 03 DEGREES 4-8 MINUTES WEST. 1.80 FEET; . niENCE soum 00 DEGREES 00 MINlJfES 00 SECONDS WEST. WITH THE WEST UNE OF 6TH STREET (CLOSED ,BY, HARRIS COUtm' COMMISSIONER COURT, VOLUME 5307; PAGE 419, HARRIS COUNTY DEED RECORDS), PASSING AT "'50.00. FEET THE SOUTHWEST CORNER OF cfTY OF LA PORTE BAY FOREST GOlf COURSE AND 'f1.\E NORTHWEST CORNER OF PARCEl. 4 (H.707 ACRE TRACTl. FOR A TOTAl DISTANCE OF Ileno FEET TO THE sOUTHEAST CORNER OF THIS 41.992' ACRE: TRACT ~D THE SOUTHWEST CORNER OF PAACEL 4, FROU WHICH /; 5/8 INCH IRON ROO FOUND BEARS SOUTH 03 DEGREES 55 MINUTES WEST. 0.74 FEET; THENCE S'oUiH 87 DEGREES 50 MINUTEs 08 SECONDS WEST, WITH THE. NORTH UNE OF WHARTON WEEMS BOUlEVAAD, FOR A OISTANCE OF 782.69 FEET, FROM WHICH A TX. D.O,T. CONCRETE MONUMENT Wm-l BRASS DISK FOUND BEARS SOUTH 16 DEGREES 39 MINUTES EI>ST. 0.46 FEET; . . . THENCE NORTH 89 DEGREES 28 MINUTES ...2' SECONDS WEST; CONTINUING WITH nit NORTH LINE OF WHARTON WEE/.lS BOULEVARD. FOR A DISTANCE OF 317.48 FEET, FROM WHICH A TX. D.O.T. .CONCRETE MONUMENT WIlli BRASS DISK FOUND BEARS SOUTH 06 DEGREES 35 . MINUTES EI>ST, 0.86 FEET; .. , THENCE, SOUTH 89 DEGREES 10 MINUTES 38 SECONDS WEST. CON"flNUING wmI THE NORni LINE OF WHARTON WEEMS BOUl.EVNlO, fOR A DISTANCE OF t 7J; 73 FEET. TO THE BEGINNING. OF A NON TANGENr CURVE TO THE RIGHT,FROM WHICH A TX. D.O.T. CONCRETE MONUMENT WITH BRI>SS DISK FOUND BEARS SOllTH12 DEGREES 48 'MIN!JTES EAST~ 1.07 FEET; THENCE IN A NORT1-lWESTERLY DIRECTION WITH THE NORTH LINE OF WHARTON WEEMS BOUlEV~D. FOLLOWING A CURVE TO THE RIGHT HAVING A CENTRAl ANGtE Of' 95 DEGREES 21 MINUTES 19 SECONDS. A /Wl/US OF 55.00 FEET, CHORD BEARING AND DISTANCE OF NORTH 41 DEGREES 01 1I1NUTES 19 SECONDS WEST. 81.33 FEET; f'QR AN ARC DISTANCE OF 91.53 FEET TO THE POINT Of' BEGINNING. AND. CONTAINING 41.992 ACRES OF LAND. IlECDllllfR'S MEMURMoIJll AU Bl.ACl(DI.Il'6. AODmllNS MIl CHANGES 'llERE PRESENT AT mE TIME THE IIISTAWEfI' . - 'II.1'!l 'NIJ RFr.tl!t'IF1'1 NOTE: 1be.Company does not represent thal tho above acrCago or square foolago calculaUOIIB lIIe comet.. ) ) ) -~ 14.707 AC~ TRACT Beins a ~ aore tr~ct (640,616 Bq.f~.) trac~ of land 1n the Town of La Por~e (Vol. 60. PI. 112. et.seq. H.C.D.~.), W. P. Hlil'ria Su.rveyj ~La Porte, Harrl:s County. TeXD:5. The 14.707 acre tract at land as surveyed by ft. Carlos Smith, Engineers & Surveypr:s. .Inc., on AprU 20-26, 1966. is more part.lcularlY dOllod,poel by llIe~oa _nel pou.nda IUS fo11011.:1; Besinnins at a 516 inch iron rod found for ~he Southwest. carner of tha~ certalnCity of La Porte Bay Forest Galt Gourse Tract. II (20.36 Acre.:s) IUS described in H.C.C.F. No. K784741. and the Southeast oorner of thts 14.707 ac~e trac~. . . I Thence, Soutb 87 cleSreea 50 minutes 08 s~cond~ Westj , coincident with ~he Nor~h riSht-of-way 11ne of Wharton Weems ~ Boulevard (H.C.C..F. No. ];:663166); a dhtance of 712.61 feet to a ~. 6/8 1nch iron r~d aet for the Southhcat corner of thl:s 14.707 ~ ~;=~.~raat and from whlc~ .A 1/2 tno iron rod was ~ound 0.64 feet \J I b 1,.. h ~ n Thence, ,North; coincident with the East bounqary 11ne of Parcel 3 (41.992 Aores) and ~he Weat r1ght-of-way 11ne of 6th S~ree~ (clo=ed by Harri8 County Commi~91oners Cour~ Vol. 5307, Pg. 419. H.C.D.~.)ia dl=tanoo.of 913.20 fee~ ~o a 6/8 inch iron rod found 101' the Nor~hwes~ corner of ~his. 14.707 acre tract anQ 1rom which a 1/2 inch iron rod was found 1.62 fee~ North and 0.96 feet. E~:it. Thence. Ea8tj ~oincideAt with the Sou~h poundary 11ne of C1~y of LaPorte Bay Forea~ Golf COl.lraei. a Ql=stance of 712.00' teet-to a 6/8 1noh Iron rod:set for the Northeast corner of t.his 14.707. acre t.ract.. . . . Thence, South; coincident with tne City of La Porte Bay Fores~ qolf COl.lrse 866.28 teet ~o the FOINT OF BEGINNING. \tWb W6st boundary line of Tract t!; a distance of KEVIN A. OLSON TEXAS REGISTERED PUBMIC SURVEYOR NO. 4524 DATE:. MAY 12, 1066 ~OBNO. 2189-68 .. ,. :~.~: . . . . ,::,,"t:'j;i~~:'. :.j~::.. . ':, , ~:,~:{!:r:f;~k:;~"'" "".: ::.:;:.:.,:,.,:.... '.: >~~. .~.~~:.:~:~>:' :". ," . . " . . :,~"'!....:, , .". . ..:.... 1,,<: <<:.}>. . .A PORTE. C' . 'r' I I ,I'. . .~. \?~. '.,;,',:".' ,.)::.~.}~:~~::'"~:n:;};f/):'. ". .. . 1 "~': . . :. ~.' ..~;~~:~t:~:: .'~ .: " ... ~. t~~~~f~ ....-1:.:.-;;. '. , .f ,t' 7-~:<: ' !,.' ...... '. ~ ,:. .::r7.'11:A:;. . ". . '. ./';..: ...-..... ;. I',; ;. " ... .' .,~ . " .. -':. . .;' ....:. .;;; . ~:... ~ ~ ,:" ~~;~~"":'-;." ,,~: \;', . .' ,,- 'LiIG:iu,,~':'''CR''''''ON '.I?~~lf:,lf.'".!Y.: . .....,. .... ." ..' . ". :';BEING';A'J~;5il'6. ACR(. '(7~:~1~..,s.':lUME '~EElJ T~t . OF: ~. .iN-'.THE TOWN OF'. ~ PORTE- (VOL. 130, :pq... 112, H.C.D.R.), ..W..'P.J-lARRls.StJRVEY. .A:'"'~O...1A PORTE, HARRIS PO'UNlY. TExAs. . Thl.E."1&.5f3Cr'ACRE mct:.,:$F"~D.,A$ SURVEYEO ~'I-!.. ~LOS SMITH, E~GINEERS &. SU~aQRS...INC;;..O~f&R1.L'~2'''''~6:.;fg8a. IS .MOREPARTICll~!;'Y. DESCR!BED BY. r,lffiS AND 80~~~S;, As~Ol.LQ\.VSI:"''-__ ''..,(..'~.: .....'. .' 1.. . .': i:.',: '. .' BEGINNING '.AT A 5/a.1HCH IROI\l"ROO fOUNo::tMRKING TH~ NORTHWEST ~CORNER .oF THAT OERTAlN crTY OF' li\ PORTf. BA'(~<f'OREST '.GOLF' COURSE' 'TRACT 1("(69.35 AORES)' (H.C.C.F. NO'. , K'18474 n, ANO','THE NORtH~';;CQRNER ()F' THIS. --1&.586 AI.?~\ mc1: .sAlD CORNER. BEING . cqlNClbtNT WITH THE .,so(J~.' RIG"'1':"OF-WAV: UN~' .OF . w~RTON WEE....S eO'ULEVARD . . (l:I~~;C.~: .NO. .E563-165); '. .' ..... . . . .... . . '. , TH~CfS<?O:rH, G~It:lCIO~Nf.~'~n-H THE wEst eOU"lI1AIf( LINE OF SAlp CITr"OF' 'LAPORtE BAY ,F'ORE~ GOLi" .qouRSE,:,Ii DISfAN€;E' OF 5+5.tl"" FEq 10.:THE SOUTHEAST CORNER OF THIS \6.586 ACR~'lRAC:r,~OtirWHICH A FENCE: CORN~R. B~S SOUTH 13 DEGREES ,24 MI~UTES WEST, 0.47. FEEl; :/' .' . :...... :.' . THENCE, NORTH 69 DEGR~E:S' -44 MINuTES 03 SEcONDS wi::sr)colt,i'CIQENT WI'l'H THE NQRTH. BOUNDARY lJHE OF SAID CITY OF' LA PORTE.8AY FOREST"GOLF COURSE. A".DISTANCE OF' . 1402.12 FEET TO A 5/8 INCH1RON .ROD SET r:OR,-.THE SOUTHW~CORNER' Of' THIS \6.586 ACRE TAACT; . ..... ..:~ . '. ',:. .' . . . ," . THENCE :'NORTH. 'COINC/OENT WITH THE EAST BOUNDARY UNE OF PARCEL !l (8.754 ACRES); A DISTANCE OF' 485.53' FttT .TO.-..A.5/8 INcH- IRON ROO FOUI'!D':FQ8,JHE' NORTHWEST COR~EROF THIS 16,586 .ACRE TRACT: .... . . . .... . .~ .THENC~NciR'fH 67. OEG~~E$ :5'0 :MINl$s.: 08 'S'E.(;ONOS EASt" COINCIOENt WITH THE SOUTH. . "RIGR"r-OF'-WAY LINE Of WHARTON.. WEEMS BOULEVARD, .A DistANCE OF 1403.11 PEET TO. THE . 'POI.Nf.: OF' BEGINNING, .ANDCONTAiNING 16.5.S6" AG~ES OF' lANC].:' . I- , l~1- .~ o L..... ~.w tDVl ~ w::) I- O. ~u o Q.~ <{o ...J.CI ). . !:. lOWN Of. LA PORTE' \RR1S"COUN1Y. .'tEXAS. iMlTH; Et:IGINEERS &, ~RIBED BY ~ETES ANO :sr . CORNER ,OF THAT , AcRES)' (H.C:C.F. NO. :.$AlI1:' CORNE~ ,BEING WEEMs eOULEVAAD P CIlY ',Of" LA PORTE UTHEAST CORNER OF UTH 13 DEGREES .24 ENT WITH THE NORTH RSE. /J';. DISTANCE OF ' ~~ER' OF' THIS ,16.586 ' , ,.8 (8.754 ACRES); A.' , , ORlHWE~T CORNER Of' 'ENT WITH THE SOUTH, '""OUt PEET TO. THE .' ';' ,'!. ,< "'-"~~"O"IPTJoN 'f:41e c. s (-. 8. , ,.,.: :.; L: BEiN~"i.~k~d: ~R~.('1:f.;~O':SQUAR~ ,FW) rrw:r ~Y~W;?,INJii9'~'" )~'~:1~~/;) ~Q'~O~,2~~E~~;~~~(;~~6RE ~m5fy. AO:CR~E" ~~~lIN~ui9~h$:'~ ~i ~;~ FoLLOWS:." . . " 1'" ",' ,f..' '", ,~ ", eEG~Ni~G' ~T' A '5/8 ,INCR IRON ROO SET MARKING THE 'INTERSECTION ~F ,so~: R)~J;:l :: \" WA'('U~E;'0F WHARTON ,WEEMS:' BOULEVARD (H.C.C.F. 'NO. (563165) ,WITH 'THE EASl''' I.UCHT-' '; : .- OF-WAY UNE OF STAtt,.H1GHWA'l' 1'46. . '. .'.., . '':H~NC~ ,IN: A NORrI1~RL.i DIRECTION; COINCIDENT WITH '!:HE SQUiin~IP~T"'9~.;W~Y': ' U~E ,b~', WHARTQN WEEMS' :.BQULEVARD. FOUl. OWINQ A CURVE TO THE, RIGHT' HAVING, JI,' , CEH1'R.6J.. J,N.GLE,OF 79 'DEGREES' 09 MINUTEs ,19 SECONO$, A RADIUS,Of" 55.OQ FEfIT AN~t.A'. CHORD 9EAAING ,'OF NORTH -50 DEGREES Q2 MINUTES '20SEC(>NDS'~ .FOR A DISTAN<::t~"Qr: .' 70.0S'FEET. 'FOR AN Ant, DISTANCE OF' 75,98 FEET TO A HIGHWAY MONUMENT (BAAS~ ,CAP.: IN. C()N~RerrEr FOUND F~R"A' 'POINT Of' TANGENCY; , ' '., . , "'. . ,/ :.,,: .. . . .' .. . ~ \ ''''J' ',' 'nI~CE',NORTH,89 DEGREES 01' MINUTES js SECONI)$ EAST. COINCIDENT WITH ~~rOO~{,~: f. R1GHT...OF-WAY UHE.OJ'" WHARTON WEEMS BOULfNARO, FOR A OlstANOC OF 2t~.OOFt~:~,1' ':, . ,HIGHWAY MONtlME;NT, (BRASS ,CAP IN CONCR~) FOUND 'FOR-,c.oRNERj. "",':' 'S:: '. 'THE-NC~ NORili 8~ 9EGREES ,48 'MINUTES 31 'SECONDS EAST.: ~OINCIPf;Ni' ~,:?rHE't~~PrAf~ ~~; RIGHT.,..oF..WAY 'UNE' or ~ON'WEEMS BoULEVARD, FOR A DISTANCE O~.83.~! Fut tQ',A'T I :j\, , 5/8'~NCH )ROt:! ROO SET FOR ~?R!'IER; , . ,':, , :':"'" ~..$,;;~ \:{. THENCE SOUTH,. FO~ A D\::;TANCE OF'~58.40 FEET TO A 5/6 INCH IRON ROO' SET- ,ro~ Qq~ ' ", ,.';: THENCE WEST; FORA D1STI\NC~ OF 406:21 FEET TO A 5/8 INCH IRON. ROD SET FOR, co~~t~. <; J . . _ " .'. '. '. .' ~ it ~..\: \ ' "J THENCE'If.! A NORTHERLY DIRECTION. COINCIDENT wm'LTHE tASTRIGHT....or-WA.Y.lIN~:~o~)i,f 'STAlt HIGHWAY;146, FOI:.LOWlNG. A 'CURVE TO THE' LEFLHAVlNG'A:'iCEt<rrRAt~-MlGtE oF.';'1O~ ,.. i:, DE~REESOO MINUTES 48 'Sf;CONDS; .A RAOIUSOP:'590S;03,FEEJ ;AND .,A OHG~$ ,\3E:ARING:, :: , "NORTH 10' DEGREES' 42 MINUTES02'SECOf'lDS'.EAST,.'A DISTANCE.OF"310;~2.F.EEJ~'f.O~:m. i' ARC 'DISTANCE, OF 31.0.56 FEET TO' THE 'POINT" OF . BEGINNINO, AND' CONTAlfllNG 3,00 ~ ,OF '",.:' lAND" ' .... . ' . ":. ,',:' 'uUw., DIISOWlIPnON fA~ c:. E-'----~----'----.__._. " . " ": i' } BEING A 5.754 ACRE (250,652 SQUARE FEET) TRACT OF lAND IN THE TOWN. OF l,A PORTE (VOL ': ; 60. PC. 112 ET.SEQ. H,C.D,R.), W. P. ,HARRIS SURVEY. A-30, LA POhlE. HARRIS COUNlY. 'fE:lOO, ,. . THE 5.754 ACRE tRACT OF lAND BEING MORE PARTICUlARLY DEsCRIBED BY M~S 'lino', ' BOUNDS AS FOLLOWS: ' " , COMMENCING AT A 5/8' INCH IRON ,RODSEr MARKING THE INTERSec.TlON' QF, SOU'TH 'RiGHT- OF-WAY LINE OF WHARTON WEEMS BOULEVARD (H.C.C:f'. NO. EM3165) WIT}! THE E'AST ' RIGHT-OF-WAY LINE; OF' STAte: HIGHWAY 146: ' . , THENCE IN A NORTt/EAsttRLY DIRECTION. COINCIDENT WfTR IHE' SOUTH ,~IGHT.':'O.t-WAY . UNE OF' WHARTON WEEMS BOUlEVAIID, FOllOWING A CURVE TO THE RIQIfT HAVING :A: ",'. CENTRAL ANGLE Of' 79 ,DEGREES 09 MINUTES 19 'SECONDS, kRADIUS OF 55.00'F&TI'ANO:~ ' < CHORD BE'ARJNG or NORTH 50 D~GREEs 02 MINUTES 20 SECONDs EAST FOR A' OISTA/ilct OF . ',: " 70.08 FEET. FOR AN ARC DISTANCE: OF 75.98 FEET TO A HIGHWAY MONUMENT. (BRAss' ,W:'\r-t ' ' CONCREJE) FOUND FOR A POINT OF TANGENCY; . '" ': THENCE NORTH 89 DEGREES Ql MINU)tS 35 SECONDS EAST, OOINCIDENT WITH THE. so\1rH " ' RIGHT-OF-WAY LJNIr OF WHARTON WEEMS BOULEVARD. FOR A OISTANCE OF 212.00FEEr'To ' A HIGHWAY MONUMENT (BR.6,SS CAP. IN CONCRETE' FOUND; : 'THENCE NORTI:! 88DE;PREES 48 M'~U1ts 31':~ECONOS EASl'. COINCIDENT wrrn THE SQUTH' ',.' RIGHT-OF'....WAY UNE Of WHARTON WEEMS BOULEVARO; F06 A DIST.N<lC~ 'Of, 8;3.00,FEET"rp A . , 5/8,JNCH I.RON ROO SET fOR THE, POINT OF ~EGINNING OF: THE HEREIN 'DESQRlBEO mwr OF ,.., ,/: ~Oj, . " ,... ". .,: .I;:' ,). '.' :J:trC:O~:Y'~~f:D6~R~fk~NM:~ ~6u~g~~sf~ ~~.~8F.~~.:E~~ ',' ,,' A HIGHWAY MQI'tUMENT (BRASS CAP' 'IN CONCRETE) F:OUNO FOR CORNER; .,.. : " THENCE; NORTH 87 DEGRE~S 50 MINUTES 08 SECONDS EAST. COINCIDENT WITH THE SOUTH- " RIGHT-Or-WAY UHf OF ~ON 'WEEMS. BOULEvARD. A DISTANCE Of 87.56 FEET iO ,A 5/8 INCIi IRON.';RO~ ~UND F.o~ THE NORTHEAST CORNER .or "1'I-1!S 5.754 ACAE TAACT; THENCE SooTH, 'COINc;lDENT WITH THE WEST BOUNDARY UNE Of' PARCEL,7 (16.58!i ACRES), FOR A DISTANCE OF 485.53 FEET TO A ;;/8 INCH IRON ROO SET fOR CORNER; :', THENCE NORTH 89 DEGREES 44 MINUTES 02 SECONDS WEST. COINCIDEN'T WITH THE NORTH ' BOUNDARY LINE OF THAT CERTAIN CIlY OF LA PORTE BAY FOREST GOLF COURSE TRACT- lit ~" (69.35 ACRES) (H.c,e,F. NO. K784741), FOR A DISTANCE OF 100.00 FEET 10 1>.\5/8 'INeff ~QN' ~ if (0 "II:t ... >- ~ ~ :r (!) - .J:' .u - . (' . 1J(_OCr-<;Q>l-MOI'f ; S ,:,.411' ! 0.1' "\ n e.71S4 .~".. (tIao,~. '_.FT') 6>/ ~ ~~\-V ".I'~ ".;.: . ~ 3.00AC'R- (130..80 sQ."" t; II - U ~. ~l?<V o.::s c; O~ G .~ "- Oq..V (:.. ~ ~. 4: /A,tb ~~~~ ~<",~. q,C v' ..J" +~. cJ. o-~ .- / 655.09" . tl 8V44"c)2- 'II ~E, .,. , .1: 3 .4. ~ -..-..- /' J' ~' ..,', - : . .If /' } ) 9.07~ACT .,' f D ~ .~ I . D "" h' e D Being a 9.076 acro(395,310 ~q,ft.) ~ract of land in the Town of La Po~t~91. 60, Pi. 112 e~.seq. 'H.C.n.R.); W. P. Harri~ Su~Yey, ~ La Porte, Harris County. Toxas. The 9.075 acre ~r~c~ .a Burveyed by H. Carlo. S~lth, Engineers & Surveyors. Inc., ozi April 22~26, 1988, is more particularly dElacrlbE:Q by metOG and ~ound. asfollowa: Bes~nnins at a 5/B inch iron rod se~ On toe Ea=~ rlgh~-ot- way line of State Hl~hHAY 1~6 at ~he Sou~hHes~ corner of ~h1s 9.075 acre tract and the Northwest corne~ 01 ~hat cer~a1n ~lO feet wide Harris .Co~nty Flood Control D1~trlQ~ Draln~fe EA5em~n~ . (Vol. 6642, Pi-. .439, H.C.D.H.). ;' , Thence, 1n a Northerly direction; coinc1d~nt wl~h the EAS~ :right-ot-Way 1106 of State H1Bh~f&Y 146; folloli1.ns e. curve ~o l:he letti t1tlld Curve having a central anil:l .of 4 deg.rees l'..7 minut&o5 25 seconds, a radius of 6906.03 feot; chord boarlng and d15~ance of Nor~h l6 dOBre~~ 26 minute. 42 ~eco~ds East a distance of 493.62 fee~ifor a total aro distance of 493.7B'feet ~o a 5/8 inch .!ron rod zsot for the Nor'thHeS1:. Corner of, 1:.his 9.075 acrc:r tract. Thence,' South 89,degrees 44 minute:s 02 second~ Ea:ni cOlnc1den1:. w~th the South bounda~y line of P6rcel 8 (8.754 acre , t.%'lIct): A diatanoo' of 655.09 feet t.o a 5/6 :1rcch 1:ron' rod set f 01:' ~he Nor't.he~a.t cOrtler of l:his 9.075 flare ,t.r6c't. Thence. South 12 degrees 65 m1nu'toe 26 seconds Weat; coincident Hi'th the W~5't. bound6.ry 11M. of 'that c~t''t.a1n City of La Porl:e Bay forest Qolt Course Trac1:. III (69.35 acres) (H.C.C.F~ No. K7847U); a.4ist6.noe of 173,78 fen t.o a 5/8 inch iron rod found to~ the Sou'the&st corner of this 9.075 AOre t.tGct. . Thence. Ncrth 36 desrees 34 m1nu'tea 35 ~eoond:s West; coinc1den~ with ~he North right-of~way line of 5~id 110 foel: Harris County Flood Co~~rol D1s~r1ct Dra1nage Easement; a distance of 101.50 het. t.o A 5/8 inch iron rod found for cor~E:r. , . } ) ~j~~i~. 20.119 ACRE TRACT , C , J Being a~acre. (876,592 :5~.h.) d~ct of land in the W. P.. Harris .SUrvey~ ...tw La Port.e,. Hur1 s Count.y, Texas. The 20.119 "Cre tract. as su:,veyed by H: Carlos Sf1l1-c.h. Engineers & Surveyors, Inc... on Apr1l22 - Hay 27, 1988, 15 more par't1cularly de~cr1bed by me'te8 and bounds as follows: .. . Beginning at A CQncret.e highway monument (~op broken off) found ~&~k1nB the North right-of-WAY line of McCabe Road and the East rlgh't-of-way Une .Qf St.at.E: Htghw8Y 146: sa1d p~int: bel1'lg t.h(: Sout.hwest CQrn~r of this 20.119 acre t.rac't. Thence, North 23 degrees 27 minut.es 22 seconds East.: coincident with.~he Ea~t. right.-of-way l1ne ot $t&t.e Highway 146; a d1~tance of 706.52 teet (Call 708.06 feet) to .Q co~crete highway monUment. ~ound for a poin~ of curvature. Thenc~, in.a NorthOrly direction; coln~1de~t with the East right-of.-way l1n6 of S"t.a~e Hishway 146; foUo~ing a r,on-tange.nt. curve to ~he lef~; said curve haVing a cen~ral a~gle ot.3 degrees 31 minutes 23 secona8, a radiua ot 5906.bS fee~. chord be~ring and d1st.anC6 of North 21 degrees 40 m1nu~es 08 s~conds East- 363.10 fee~; for an arc dlst.ance of 383.15 fee~ to a 5/8 inch iron rod set for ~he Nor~hwest corner of ~h1s 2Q.119 acre ~ract. Thence, SQuth 70 degrees 19 minutes 18 seconds E2St.; co1nc1den~ with the South right-of-way line of 'that cer~a1n 110 fe~t .wide Harris Co~n"t.YFlood Cont.rol D1stric~ DrainagE: Ea~emen"t. (Vol. ~642, Ps. 439, a.C.D.R..); a dls~ance of 562.61 fee~ to.a 1/2 incn 1ron rod set. for corner. Thence, Sout.h 35 degrees 34 m1nutes 35 seconds E~sti co1~ciden"t. with the West risht.-ot-way 11ne of ~a1d Harris Coun~Y. Flood ConT.rol.Dis~r1ct. Drainage Eas=mer.~: a d1s~ance of 651.96 teet to a 1/2 lnoh iron rod set to~ corner. Thence, So~~h 0 degrees 41 min~tes 1& s~conds East; coincident with the West righ~-of-~ay line of sai~ Harri~ Coun~y FloodCon~rol Dlstrio~ Dral0&ge Easeroen~; ~ diet.nce af 269.87 :teE:~ 'to a 1/2 inch iron rod. S6~ tor ~hE: S"u~heAst. COrner of 'Chis 20.119 acre ~ract. Thence, North 89 degreeS .49 minutes 39 ~6conds West.; coincident. li1t.h t.he Nort.h ~lght.-of-HQY line of McCabe Road j .a distanCE: of 1327.60 feet t.o the POINT OF BEGINNING. ~. KEVIN A. OLSON TEXAS REGISTERED PUBLIC SURVEYOR NO. 4524 .DATE~ MAY 27, 1988 JOB NO: 2189-86 ) ~~ .4.973 ACRE TRACT . ."r Be1.nsa 4.973 acre (2l6.6Z5 ~Q.ft.) tr&c't. of lPnd ln ,!-he W. P. H~rr18 Survey, ~ LaPo~te, a6rri~ County, Texas. The 4;913 acre 't.rac't. as aurveyed by H. Carlo~ Smith, Enaineers & $urVeyofe, Inc.. on April 22-26, 1966, 1s ~ore PAr't1c~larly de~cribod by metea and bounds as follows: ~e81nn1ns ata 5/61nch iron rod found on 'the North right-of- ~ay line of McCabe Road at th~ Sou~h~e$'t corner of this 4.973 acre tract and the Southeast corner of 'thaT.. cer'ta1n 110 feet wide Harr1s County: Flood Con't.rol D1s'tr1ct Drainage Ditch Ea5eme~t (Vol. 6642, fa. 439, H.O.P.R.). ) . Thence, No~th 0 degrees 41 m1nutes 15 seconds West; coincident with the East r1sh~-of-way line of said R.C.F.C.D. Prain~ge P~tch Easement: a d1s'tanc6 of 300.02 fee't 'to a 51B inch iron rod sot for the NO~T.h~E1:l't.' corner of this 4.973 llcretracT.. o D n ~ ~ III ~ P n Thence. South 89 dearees 49 minutes 39 second~ E~8~i ~o1~~1den~ ~1~h theSo~th bo~ndary line of ~hat certllln Ci~Y ot La Por~e Bay Forest Golf. Cou~8e Tract III (89.35 acres) (H.C.C.F. No. K784741); passing a~ 4.56 feet'a 5;8 inch iron rod found o~- iine; tor a to'tal d18~6nce of 724.56 feet to. a 5/8 lnch iron rod fo~nd tor ~heNorthoa~t corner of ~his 4.973 acre tract. . . . Thence, South 0 dssrees 15 ml~ute~ 09 56cond~ W~~~; coincident with the West boundllry line. of Forest V1e~ Mob~le Home Park C^bandon6d.T1dewoOd Subdivision Section O~6l (Vol. 66, Pg. 61, H.C.M.R.): a di'~ance ot 300.00 feet. to & 1/2 inch iro~ rod foundtor'~he Southeas't corn6r 'ot th1~ 4.973 acre tra~t. Thence, North 69 degrees 49 m1nu~6s 39 ~econds West; coinCld6nT. w1 'th the North ;right-of-way l1ne of !icCb,pe Ro.ad j a di~~ance of 719.B4feet to ~he POINT. O~ BEGINNING. ~ KEVIN A. OLSON TEXA~ REGISTERED PUBLIC SURVEYOR NO. 4524 DATE: MAY 12, 1988 . JOB NO: 2169-88 Mll'IJl1lIlI .. 1IliP.r1l\'__1OhI_~III_ . >>Ii "ATrC::=,IQ'IlIIU..~III~.. ,~..lll'"~.. -IIIIIiiUII. . t:'::':.":~1.~=-~.- "_Ii.. --............ APR ....82003 0. . ~.rfJlf1f.J .=:CUfllt COuHrY.1b.u B ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1218 LA PORTE. TEXAS 77572-1218 ~~ 1 lUG!! TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 ,. ~ KWASKINS@AOL.COM fU,~>:~C-'[C,~ .JOHN.AIsWBELL.NET September 21, 2004 CTASKINS@SW8ELL.NET KNOX W. ASKINS ..JOHN O. ARMSTRONG CLARK T. ASKINS Ms. Martha A. Gillett City Secretary City of La Porte Re: Joint Elections with LPISD and San Jacinto College District Dear Martha: In response to your email of September 21, 2004, enquiring as to whether the City of La Porte could charge additional administrative fees for your time and your staff's time, in conducting the joint elections, I have enclosed herewith copy of the Interlocal Agreement for Joint Elections between the three parties, dated January 1, 2001, which automatically renews on a year to year basis. You will recall that in the negotiations for this Agreement, the City of La Porte requested that the other parties share, as well as __ the common expenses itemized under Paragraph 4 of this Agreement, the indirect overhead and staff time of the City Secretary's Office, to be prorated among the parties. My recollection is that obj ected, on the grounds "anyway". the that School District representative the City had to do this work This is a negotiated agreement. The City of La Porte could ask for a meeting with the parties, to amend Paragraph 4 of the Agreement, to include the staff time expense. If so, I would suggest that we submit language to the other parties, setting forth the methodology by which the City would ascertain the economic value of this staff time. If agreeable, I think the city Secretary's Office would have to keep time as a lawyer does, and set hourly rates for you and your personnel. Another possibility would be for the parties to agree on "lump sum" value of the City of La Porte's staff time, which would then be prorated among the parties. - You~very truly, 1J~c~ ~~ W. Askins City Attorney City of La Porte KWA: sw Enclosure cc: Ms. Debra Brooks City Manager City of La Porte Feazelle STATE OF TEXAS COUNTY OF HARRIS This Agreement made and entered into by and among the CITY OF LA PORTE (hereinafter "LA PORTE"); the LA PORTE INDEPENDENT SCHOOL DISTRICT (hereinafter "LPISD"); and SAN JACINTO COLLEGE DISTRICT (hereinafter "COLLEGE"), WIT N E SSE T H: This Agreement is made and entered into under the authority of the Texas Interlocal Cooperation Act, codified as Chapter 791, Texas Government Code, and Chapter 271, "Joint Elections", of the Texas Election Code. The purpose of this Agreement is to establish the procedures, division of responsibilities, and sharing of costs, for annual joint elections of officers of the parties hereto on the first Saturday in May of each year, and any necessary runoff elections, commencing on the first Saturday of May, 1998. A party to this Agreement which cancels its own election due to unopposed candidates, pursuant to Section 2.051, et. seg., Texas Election Code, shall have no further obligations under this Agreement after the date of cancellation, for such election year, other than to continue to provide its physical facilities as provided for herein. The non-canceling parties shall continue to perform their respective obligations under this Agreement. This Agreement shall not be applicable to special elections held by a party hereto. - 1. - INTERLOCAL AGREEMENT FOR JOINT ELECTIONS I 2 . - 3. The annual joint election shall be conducted at the seven (7) election precincts described on Exhibit "A" attached hereto and incorporated by reference herein. Early voting place for LA PORTE, LPISD, and COLLEGE, shall be at La Porte City Hall. LA PORTE shall conduct elections for itself, LPISD, and COLLEGE, at Precincts 1 through 7, both inclusive. Each entity shall conduct its own candidate filings; drawings for places on its ballot; posting and publication of election notices; receipt of campaign finance reporting; and any other actions required of the entity by the Texas Election Code, except as herein provided. LA PORTE shall arrange for printing of ballots, and rental of election booths and electronic counting machines; appoint and compensate judges and clerks; and shall conduct early voting for LA PORTE, LPISD, and COLLEGE. LPISD and COLLEGE shall each make the necessary filings with the U.S. Department of Justice under the Federal voting Rights Act, for pre-clearance of the change in election date; joint election procedure; and the establishment of precincts; for their respective jurisdictions. Common expenses of the joint election shall be prorated among the parties incurring and benefiting from such expenditures. Expenses shall include all necessary disbursements, such as ballot printing and supplies, judges and clerks. LA PORTE shall invoice LPISD and COLLEGE for their pro rata portions of such joint expenses, which invoice shall be due and payable within (30) days of receipt thereof. Under the terms of the Texas Election Code, no charge shall be incurred for use of 2 4. public buildings to conduct an election. The parties shall ,,,"'- meet following the 2001 election to review the administration and expenses of the joint elections. s. This Agreement shall be effective January 1, 2001, for the 2001 general election of officers by the parties hereto, and any necessary runoff elections. This Agreement shall automatically renew thereafter on a year to year basis. A party to this Agreement may withdraw from this Agreement by giving written notice to all of the other parties hereto, on or before September 1st of the year preceding the next election cycle. 6. This Agreement has been approved by the respective governing boards of the parties hereto. PaYments hereunder shall be -- from current revenues available to the paying party. WITNESS OUR HANDS, effective January 1, 2001. CITY OF LA PORTE By: Norman L. Malone Mayor ATTEST: Martha A. Gillett City Secretary LA PORTE INDEPENDENT SCHOOL DISTRICT By: President Board of Trustees ATTEST: -- Secretary 3 - ,- By: ATTEST: Secretary SAN JACINTO COLLEGE DISTRICT President Board of Trustees 4 -- ORDINANCE NO. 2002- tk5 {fj q AN ORDINANCE DETERMINING THE POPULATION OF THE CITY OF LA PORTE AS DETERMINED BY THE 2000 U.S. CENSUS; FINDING THAT THE DISTRIBUTION OF POPULATION AMONG THE VARIOUS COUNCIL DISTRICTS IS MATERIALLY UNBALANCED; ESTABLISHING NEW DISTRICT BOUNDARIES FOR THE RESIDENCE AND ELECTION OF DISTRICT COUNCILPERSONS; ESTABLISHING POLLING PLACES; ESTABLISHING DATES AND HOURS FOR EARLY VOTING; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte has heretofore, on December 11, 2000, appointed a City Council Re-Districting Committee, pursuant to the requirements of Article 2.01 of the Home Rule Charter of the City of La Porte, which requires an investigation and determination of the population of each of the Council Districts from which District Councilpersons are to be elected, after the 2000 Federal Census. The City - Council of the City of La Porte finds that the population of the City of La Porte as of May 1, 2000, as determined by the Federal Census was 31,880. The population by present Council Districts and ethnic breakdowns is as shown on Exhibit "A" attached hereto, incorporated by reference herein and made a part hereof for all purposes. Section 2. The City Council of the City of La Porte finds, determines and declares that the distribution among the various Council Districts is materially unbalanced. Section 3. The City Council of the City of La Porte hereby establishes new district boundaries and polling places for the residence and election of District Council persons, effective with the election of May 3, 2003, as shown by the legal descriptions on Exhibit "B" attached hereto, incorporated by reference herein, and made a part hereof for all purposes. A plat showing the new district boundaries is attached hereto as Exhibit "e", <- incorporated by reference herein, and made a part hereof for all purposes. Section 4. The City Council of the City of La Porte hereby establishes the Early Voting Place as La Porte City Hall (Council Chambers), 604 West Fairmont Parkway, La Porte, Texas 77571. Early voting by personal appearance shall begin on the 17th day and continue through the 4th day preceding the day of election. Early voting by personal appearance shall be conducted on the weekdays of the early voting period and during the hours that the City Secretary's main business office is regularly opened for business, and on the first Saturday during the early voting period, from 8:00 a.m. to 5:00 p.m. Section 5. The City Council of the City of La Porte hereby establishes the Regular Voting Places and hours for Regular Voting as follows: Districts 1, 2, 3 and 6: 6000 W. Main Street (West Main Street at Underwood; enteroffW. Main/Spencer), La Porte, Texas 77571 Districts 4 and 5: 301 East Fairmont Pkwy., La Porte, Texas 77571. Regular voting by personal appearance shall begin at 7:00 a.m. and continue through 7:00 p.m. on election day at the above locations. Section 6. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. 2 Section 7. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 12th day of August, 2002. By: orman L. Malone Mayor ATTEST: '~i1A La. j1))J.ft/ Ma a A. Gillett City Secretary c_ APPROVED: ~ 0, ft..~ J D. Armstrong . ~ Assistant City Attorney 6::; . . - 3 ) MAY 2004 ..;:lECTION DATE VENDOR DESCRIPTION AMOUNT 2/24/2004 HGAC Election Seminar M.GillettlJ.Davis HGAC Election Law Seminar $145.52 3/3/2004 Election Law Seminar at Harris County M.GillettlS.Harris County Election Seminar $25.26 4/12/2004 Hart Intercivic 2004 General Election Supplies $666.65 4/12/2004 Harris County Election Service 2004 General Election Supplies $4,378.95 4/16/2004 Harris County May Entity Election S.Felty/S.Harris/S.Turner Tally Training $22.89 4/23/2004 Election School M.GillettlS.Harris/C.Boudreaux/S.Sullivan w/Deer Park $61.44 4/30/2004 Martha Gillett Mileage, pick up voter rolls at Harris County $21.14 4/30/2004 Bayshore Sun Notice of General Election $177.00 5/4/2004 Hughes Printing & Office Supply Office Supplies (pocket folders) $49.75 5/13/2004 The City of Deer Park 2004 Election School $223.50 5/14/2004 Pasadena Sporting Goods Chalk for Distance Markers $32.44 5/14/2004 Kroger Election Supplies $147.78 5/15/2004 Subway/Rixsters/Dominos/Mornings Election Day Workers' Meals $198.12 5/28/2004 Sharon Harris Mileage for Election School/approve Election Signs $12.38 5/31/2004 Election Workers Election Wages $9,469.52 6/3/2004 Cash Refund Kroger/Walg reens/Mileage $20.73 6/16/2004 Custom Products Election Signs $509.16 6/25/2004 Vesco Office Supplies Election Office Supplies $277 .01 Askins & Armstrong Legal Advice for COLP & LPISD $1,456.50 COLP I LPISD JOINT ELECTION COSTS $17,895.74 SPLIT COSTS FOR COLP & LPISD $8,947.87 **COLP CHARGES Legal Advice $217.50, Municode Election Law $67.60 and Texas Election Law Manual $50.00 ** $335.10 TOTAL COLP CHARGES $9,282.97 *LPISD Legal Advice Charge Only * $145.00 TOTAL LPISD CHARGES $9,092.87 ) MAY 200~ l.ECTION ) DATE VENDOR DESCRIPTION AMOUNT 2/6/2003 Family Dollar Election Office Supplies $4.31 2/6/2003 Jeannie Ann's Tea Room Election discussion w/Election Judge re: changes/staff $22.10 3/25/2003 Hart Forms & Services Election Supplies $425.00 3/25/2003 Election Ballot Review Parking $3.00 4/8/2003 Harris County Election Service Election Equipment $4,303.32 4/8/2003 Kinko's Election flyers $616.00 4/19/2003 Tookies/Donut Factory Early Voting Day Election Workers $37.52 4/21/2003 UPS Election Equipment Delivery $212.64 4/29/2003 Hughes Office Supply Lamination $10.00 4/29/2003 Vesco Office Supply Election Office Supplies $156.57 4/29/2003 La Porte Hardware Election Sign Supplies $12.73 5/1/2003 Petty Cash Election Map Frame/City Hall Election Breakfast $51.64 5/6/2003 Bobby O'Sullivan Election Day Mileage Reimbursement $17.28 5/7/2003 Sharon Harris Election Mileage Reimbursement $22.39 5/7/2003 Fischer's Hardware Election Extension Cords $47.94 5/8/2003 Susan Turner April/May Election Mileage Reimbursement $14.40 5/20/2003 Kroger Election School/Day Supplies $128.14 5/1/2003 Payroll Police Officers (Gordon Rogers/Bob King) $172.89 5/1/2003 Payroll City Employees for the Election $5,089.56 5/1/2003 Askins & Armstrong Legal Fees $4,534.30 7/1/2003 Harris County Election Service Harris County Election Fee Balance $285.32 LA PORTE ISO TOTAL COST $16,167.05 - c ,- REQUEST FOR CITY COUNCIL AGENDA ITEM - Agenda Date Requested: 12/13/04 Appropriation Requested By: Richard R('ff Source of Funds: Department: pglil:e Department Account Number: Report: X Resolution: Ordinance: X Amount Budgeted: Exhibits: Memo regarding other cities motor assisted scooter ordinances Exhibits: Copies of other cities ordinances & summaries Amount Requested: Budgeted Item: YES NO Exhibits: Proposed City of La Porte Motor Assisted Scooter Ordinance (Chapter 70 Code of Ordinances) SUMMARY & RECOMMENDATION The Texas Transportation Code under Section 551.302 (a) allows municipalities to prohibit the operation of Neighborhood Electric Vehicles or Motor Assisted Scooters. The Police Department has surveyed a number of cities to determine how they approached the governing of Motor Assisted Scooters in their respective jurisdictions. Due to safety concerns regarding Motor Assisted Vehicles a suggested ordinance is presented. Review and discuss back up materials relating to other cities Ordinances on Motor Assisted Scooters during workshop session. Review and discuss proposed Ordinance regarding Motor Assisted Scooters during workshop session. Consider proposed ordinance for approval; or modify the proposed ordinance. Action Required bv Council: Review and approve the additional ordinance pertaining to Motor Assisted Scooter Ordinance, to Chapter 70, Traffic and Vehicles, Code of Ordinances. Approved for City Council Aeenda iP./JJj,f!Id-r jzi ~ / J -- ~ -() { Date - l:l"~O ORDINANCE NO. 2004- AN ORDINANCE AMENDING CHAPTER 70 OF THE CODE OF ORDINANCES BY AMENDING SECTION 70-1 AND ADDING SECTIONS 70-75 AND 70-76 AND RELATING TO THE USE AND OPERATION OF MOTOR ASSISTED SCOOTERS BY PROHIBITING THE OPERATION OF MOTOR ASSISTED SCOOTERS ON CERTAIN STREETS AND HIGHWAYS; REQUIRING THAT CHILDREN WEAR A PROTECTIVE HELMET WHILE OPERATING A MOTOR ASSISTED SCOOTER; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN FIVE HUNDRED DOLLARS ($500.00); PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS: The Texas Legislature enacted laws regulating the use of motor assisted scooters; and ,- WHEREAS: municipalities are authorized to prohibit the operation of motor assisted scooters on any street or highway within the municipality; WHEREAS: the City Council of the City of La Porte (City) has determined that restriction of the use and operation of motor assisted scooter on the streets, highways, alleys, paths and the trails within the City of La Porte is necessary in the interest of safety; and WHEREAS: State law safety provisions applicable to bicycle riders apply to the use and operation of a motor assisted scooter; and WHEREAS: the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of La Porte to prevent potential traffic hazards and safety hazards resulting from unauthorized use of streets, highways, alleys and certain pathways and resulting form children failing to wear helmets. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: ~.--. SECTION 1. The fmdings set forth are incorporated into the body of this Ordinance as if fully set forth herein. - SECTION 2. That Chapter 70, Article 1 "In General", Section 70-1 "Definitions" is hereby amended by adding the following definitions, to be included in proper alphabetical sequence: Sec. 70-1. Defmitions. Motor Assisted Scooter shall have the same meaning assigned by Texas Transportation Code Section 551.301(2), as it exists or may be amended, and includes self-propelled device with at least two (2) wheels in contact with the ground during operation; a braking system capable of stopping the device under typical operation conditions; a gas or electric motor forty (40) cubic centimeters or less; a deck designed to allow a person to stand or sit while operating the device; and the ability to be propelled by human power alone. Public Way or Public Roadway means real property owned, leased or controlled by a political subdivision of the State of Texas, a governmental entity or agency, or similar entity, or any property that is publicly owned or maintained or dedicated to public use, including, but not limited to, a path, trail, sidewalk, alley, street or highway, and a public park facility. - Child means any individual under eighteen (18) years of age. Parent means the natural or adoptive parent or court-appointed guardian or conservator of a child. Daytime hours means the time period beginning one-half hour before sunrise and ending one-half hour after sunset. Helmet means properly fitted protective headgear that is not structurally damaged and that conforms to the standards of the American National Standards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation or any federal agency having regulatory jurisdiction over bicycle helmets, as applicable, at the time ofthe manufacture of the helmet. Wearing a helmet means that the person has a helmet fastened securely to his/her head with the straps of the helmet securely tightened in the manner intended by the manufacturer to provide maximum protection. - SECTION 3. That Chapter 70, Article III "Operation of Vehicles", is amended by adding Section 70-75, "Restrictions and Prohibitions on Location and Use of Motor- Assisted Scooters", et seq. Sec. 70-75. Restrictions and Prohibitions on Location and Use of Motor-Assisted Scooters (a) A Motor Assisted Scooter shall only be operated on any public streets or highways during daytime hours. (b) It is unlawful for any child under the age of 12 to operate a Motor Assisted Scooter on any path, trail, alley, street or highway within the City, except on paths and trails set aside for the exclusive operation of bicycles or on a sidewalk. ( c) It is unlawful for any child under the age of 16 to operate a Motor Assisted Scooter without wearing a helmet. (d) It is unlawful for any adult or child to operate or ride a Motor Assisted Scooter on any public way or public property for which the posted speed limit is more than thirty (30) miles per hour. The motor assisted scooter may cross a road or a street at an intersection where the road or street to be crossed has a posted speed limit of more than thirty (30) miles per hour. (e) It is unlawful for any person to operate or ride a motor assisted scooter on a street, road, or highway that has an improved surface that is greater than twenty-eight (28) feet in width. (f) It is unlawful for any person to transport any passenger on any motor assisted scooter. (g) It is unlawful for a parent to allow or permit a child under the age of 16 to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the City except on paths and trails set aside for the exclusive operation of bicycles or on a sidewalk. (h) It is unlawful for a parent to allow a child to operate or ride a motor assisted scooter in violation of this section. Sec. 70-76. Penalties for violation of section (a) A person who violates any provision of this section shall be guilty of a Class C misdemeanor and upon conviction shall be fmed an amount not exceeding five hundred dollars ($500.00). (b) A person who violates Section 70.75 (c) shall be guilty of a Class C misdemeanor and upon conviction shall be fined an amount not exceeding fifty dollars ($50.00) upon the first conviction and an amount not exceeding one hundred dollars ($100.00) upon the second and each subsequent conviction. a. The Municipal Court shall dismiss a charge against a child and/or parent for a first offense under Section 70.75 (c), upon receiving proof that: 1. The defendant acquired a helmet for the child who was operating or riding the motor assisted scooter in violation of Section 70.75 (c); and 11. The defendant acquired the helmet on or before the tenth day after receiving the citation of the violation. b. If the charge against a person is dismissed under Section 70.76 (b) a., a later conviction for a violation of Section 70.75 (c) shall be considered a second or subsequent conviction for purposes of subsection Section 70.76 (b). SECTION 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the intention of the City of Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid SECTION 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, ,- Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 6. Any person, as defined in Section 1.02(27) Texas Penal Code, who shall violate any provision of this Ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fme not to exceed Five Hundred Dollars ($2,000.00). SECTION 7. This Ordinance shall become effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the notice by causing the caption to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of the Ordinance. PASSED AND APPROVED TillS THE DAY OF , 2004. CITY OF LA PORTE By: Alton E. Porter, Mayor ATTEST: By: MARTHA GILLETT, City Secretary APPROVED: By: CLARK T. ASKINS, Assistant City Attorney - Dept Population Ordinance 1 Allen 67,482 Y '2 Beaumont 114,000 y 3 Coppell 38,000 Y 4 Corsicana 24,485 y 5 Dumas 13,430 y 6 Frisco 69,759 y 7 Lake Jackson 28,363 y 8 McKinney 86,000 y 9 Piano 241,168 Y 10 Port Arthur 60,364 Y 11 Richardson 95,995 Y 12 Richland Hills 8,132 y 13 Rockwall 22,681 y 14 Rowlett 50,000 Y 15 Trophy Club 7,411 Y 16 Wylie 18,666 y 17 Analeton 19,000 N 18 Boeme 7,736 N 19 B09ata 1,396 N 20 Brenham 13,779 N 21 Cockrell Hill 4,450 N 22 Copperas Cove 30,059 N 23 EI Campo 11,000 N 24 Gatesville 15,431 N 25 Georgetown 33,763 N -26 Glenn Heights 7,125 N 27 Granbury 5,718 N 28 Haltom City 40,509 N 29 Hewitt 12,000 N 30 Hillsboro 8,475 N 31 Horizon City 5,333 N 32 Irving 199,168 N 33 Lago Vista 5,500 N 34 Lakeview 204 N 35 Laredo 194..576 N 36 Live Oak 11,000 N 37 Marion 1,191 N 38 Murphv 10,000 N 39 Mustang Ridge 1,100 N 40 Odessa 91,000 N 41 Palestine 18,007 N 42 Plainview 22,257 N 43 Pleasonton 8500 N 44 Port Lavaca 12,000 N 45 Red Oak 8,000 N 46 Santa Fe 10,175 N 47 Seaaraves 2,334 N 48 Silsbee 6,500 N 49 Slaton 6,400 N 50 South Houston PO 16,393 N 51 Springtown 7,377 N 52 Sunset Valley 425 N 53 Universal City 15,307 N 54 Victoria 61,980 N 55 Dickinson 18,500 y Scooter Ordinance Research PROPOSED SCOOTER ORDINANCE WORKSHOP MATERIALS Texas Criminal & Vehicle Transportation Code ...................... Law Memo from Chief Reff........................................................ Overview Ordinances McKinney...... ..... .... ........ .......... ... .... ........ ... ...... ............. ........ ...... ......1 Frisco.. ....... ........... ... ........ ... ...... .................. ......... .... ... ..... ..... ........ .....4 Bea urn 0 n t .................................. ........................................................ 8 Piano ...... ....... ............... .......... ... ... .............. .............. ..... ........... ........10 Wylie ....... .... ...... ... ... ............. ......... ... ....... ............ .......... ... ............... .12 Trophy Club.. ......... ...... ...................... ...... ..... ........ ....... ........... ........16 Rowlett........... ............... ..... ... ... ............ ...... ............. ...... .......... .........21 Roekw"aU ... ......... ....... .... ...... ..... ........ ........... ......... ....... .... ... ..............25 Ri eba rdso n ...................................................................................... 30 La ke J a ckso n ................................................................................... 34 Lake Jackson......................... ...... ........................ .... ........... .... .........36 Haltom Ci'ty ..... ....... ............ ..... ........ ....... .......... ...............................38 Dumas. ..... ...... .......... .... ..... ... ....... ...... ... ........................ .... ..... ...........43 Dicksinso n ......................................................... ...... ................. .......48 Allen.. ....... ................................ ........... ............ ............. ...... ..... ......... 53 Pasa dena . ............. ........ ... ..... ......... .... ...... .... ................ .... ....... ....... ...56 ~- Ci'ty Survey's ......... ..... .............. ........ .... ... ... .......... ............ .......... .....62 ~550.068 (b) A change in or a modification ofthe writ- ten report of the accident may be made by a person other than the peace officer or the opera- tor of the vehicle if: (1) the change is made by a written supple- ment to the report; and (2) the written supplement clearly indicates the name of the person who originated the change. (Added by L.1997, chap. 214(1), eft. 9/1/97.) ~~550.069 to 550.080. (Reserved.) SUBCHAPTER E. OTHER REPORTS ~550.081. Coroner's report. A coroner or other officer performing similar functions shall, not later than the 10th day of each month: (1) report in writing to the department the death of a person within the officer's jurisdic- tion during the preceding calendar month as the result of a traffic accident; and (2) include in the report the time, place, and circumstances of the accident. (Added by L.1995, chap. 165(1), eft. 9/1/95.) CHAPTER 551. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES SUBCHAPTER A APPLICATION OF CHAPTER Section 551.001. Persons affected. 551.002. Moped and electric bicycle included. SUBCHAPTER B. REGULATION OF OPERATION 551.101. Rights and duties. 551.102. General operation. 551.103. Operation on roadway. 551.104. Safety equipment. 551.105. Competitive racing. 551.106. Regulation of electric bicycles. SUBCHAPTER C. ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES 551.201. Defmition. 551.202. Operation on roadway. 551.203. Sidewalks. SUBCHAPTER D. NEIGHBORHOOD ELECTRIC VEHICLES* 551.301. Defmition. 551.302. Registration. 551.303. Operation on roadways. SUBCHAPTERD.NEIGHBORHOOD ELECTRIC VEHICLES AND MOTOR-ASSISTED SCOOTERS* 551.301. Definitions. 551.302. Operation on roadway. * Multiple versions enacted. Texas Criminal & Vehicle Handbook SUBCHAPTER A. APPLICATION OF CHAPTER ~551.001. Persons affected. Except as provided by Subchapter C, this chapter applies only to a person operating a bi- cycle on: (1) a highway; or (2) a path set aside for the exclusive opera- tion of bicycles. (Added by L.1995, chap. 165(1); chgd. by L.2003, chap. 1318(4), eft. 9/1/2003.) ~551.002. Moped and electric bicycle in- cluded. A provision of this subtitle applicable to a bi- cycle also applies to: (1) a moped, other than a provision that by its nature cannot apply to a moped; and ~ (2) an electric bicycle, other than a provi- g si?nbt.hatlbY its nature cannot apply to an elec- ~. tnc lCYC e. ~ (Added by L.1995, chap. 165(1); chgd. by L.2001, 6 chap. 1085(9), eff.9/1/2001.) 1:l o '" SUBCHAPTER B. REGULATION OF ~ OPERATION ~ 2. ~551.101. Rights and duties. :? (a) A person operating a bicycle has the _= rights and duties applicable to a driver operat- ~ ing a vehicle under this subtitle, unless: (1) a provision of this chapter alters a right . or duty; or ~ (2) a right or duty applicable to a driver op- It erating a vehicle cannot by its nature apply to a S' person operating a bicycle. i (b) A parent of a child or a guardian of a ~ ward may not knowingly permit the child or ;.. ward to violate this subtitle. (Added by L.1995, chap. 165(1), eff. 9/1/95.) i ~551.102. General operation. "8 (a) A person operating a bicycle shall ride ~. only on or astride a permanent and regular seat r attached to the bicycle. 0 (b) A person may not use a bicycle to carry 8. more persons than the bicycle is designed or equipped to carry. (c) A person operating a bicycle may not use the bicycle to carry an object that prevents the person from operating the bicycle with at least one hand on the handlebars of the bicycle. (d) A person operating a bicycle, coaster, sled, or toy vehicle or using roller skates may not attach either the person or the bicycle, coaster, sled, toy vehicle, or roller skates to a streetcar or vehicle on a roadway. (Added by L.1995, chap. 165(1), eft. 9/1/95.) ~551.103. Operation on roadway. (a) Except as provided by Subsection (b), a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless: 740 Transportation Code (1) the person is passing another vehicle moving in the same direction; (2) the person is preparing to turn left at an intersection or onto a private road or driveway; (3) a condition on or of the roadway, includ- ing a fIxed or moving object, parked or moving vehicle, pedestrian, animal, or surface hazard prevents the person from safely riding next to the right curb or edge of the roadway; or (4) the person is operating a bicycle in an outside lane that is: (A) less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane; or (B) too narrow for a bicycle and a motor ve- hicle to safely travel side by side. (b) A person operating a bicycle on a one- ~ way roadway with two or more marked traffic ~ lanes may ride as near as practicable to the left :a curb or edge of the roadway. g (c) Persons operating bicycles on a roadway ~ may ride two abreast. Persons riding two abreast ; on a laned roadway shall ride in a single lane. . Persons riding two abreast may not impede the ~ normal and reasonable flow of traffic on the ::i roadway. Persons may not ride more than two -5 abreast unless they are riding on a part of a ~ roadway set aside for the exclusive operation of 1'] bicycles. ~ (d) (Repealed by L.2001, chap. 1085(13), eft. . 9/1/2001.) .; (Added by L.1995, chap. 165(1); chgd. by L.2001, ~ chap. 1085(10), (13), eft. 9/1/2001.) j ~551.104. Safety equipment. ~ (a) A person may not operate a bicycle ~ unless the bicycle is equipped with a brake ca- ~ pable of making a braked wheel skid on dry, g level, clean pavement. : (b) A person may not operate a bicycle at ~ nighttime unless the bicycle is equipped with: ~ . .~ (1) a lamp on the front of the bIcycle that ~ emits a white light visible from a distance of at ..: least 500 feet in front of the bicycle; and N (2) on the rear of the bicycle: (A) a red reflector that is: (i) of a type approved by the department; and (ii) visible when directly in front of lawful upper beams of motor vehicle headlampsfrom all distances from 50 to 300 feet to the rear of the bicycle; or (B) a lamp that emits a red light visible from a distance of 500 feet to the rear of the bicycle. (Added by L.1995, chap. 165(1); chgd. by L.2001, chap. 1085(11), eft. 9/1/2001.) ~551.105. Competitive racing. (a) In this section, "bicycle" means a non- motorized vehicle propelled by human power. (b) A sponsoring organization may hold a competitive bicycle race on a public road only with the approval of the appropriate local law enforcement agencies. ~551.203 (c) The local law enforcement agencies and the sponsoring organization may agree on safety regulations governing the movement of bicycles during a competitive race or during training for a competitive race, including the permission for bicycle operators to ride abreast. (Added by L.1995, chap. 165(1), eft. 9/1/95.) ~551.106. Regulation of electric bicycles. (a) The department or a local authority may not prohibit the use of an electric bicycle on a highway that is used primarily by motor vehi- cles. The department or a local authority may prohibit the use of an electric bicycle on a high- way used primarily by pedestrians. (b) The department shall establish rules for the administration of this section. (Added by L.2001, chap. 1085(12), eft. 9/1/2001.) SUBCHAPTER C. ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES (Added by L.2003, chap. 1318(5), eft. 9/1 /2003.) ~551.201 Definition. In this subchapter, "electric personal assis- tive mobility device" means a two non-tandem wheeled device designed for transporting one person that is: (1) self-balancing; and (2) propelled by an electric propulsion sys- tem with an average power of 750 watts or one horsepower. (AddedbyL.2003, chap. 1318(5), efr 9/1/2003.) ~551.202. Operation on roadway. (a) A person may operate an electric per- sonal assistive mobility device on a residential street, roadway, or public highway with a speed limit of 30 miles per hour or less only: (1) while making a direct crossing of a high- way in a marked or unmarked crosswalk; (2) where no sidewalk is available; or (3) when so directed by a traffic control device or by a law enforcement offIcer. . (b) A person may operate an electric per- sonal assistive mobility device on a path set aside for the exclusive operation of bicycles. (c) Any person operating an electric per- sonal assistive mobility device on a residential street, roadway, or public highway shall ride as close as practicable to the right-hand edge. (d) Except as otherwise provided by this section, provisions of this title applicable to the operation of bicycles apply to the operation of electric personal assistive mobility devices. (Added by L.2003, chap. 1318(5), eft. 9/1/2003.) ~551.203. Sidewalks. A person may operate an electric personal assistive mobility device on a sidewalk. (Added by L.2003, chap. 1318(5), eft. 9/1/2003.) 741 ~- ~551.301 SUBCHAPTER D. NEIGHBORHOOD ELECTRIC VEHICLES (Added by L.2003, chap. 1320(7), eff 9/1/2003. See other Subchapter D below.) ~551.301. Definition. (Multiple versions eruxted. See other Section 551.301 below.) In this subchapter, "neighborhood electric vehicle" means a vehicle subject to Federal Mo- tor Vehicle Safety Standard No. 500 (49 C.F.R. Section 571.500). (Added by L.2003, chap. 1320(7), eff. 9/1/2003.) ~551.302. Registration. (Multiple versions enacted. See other Section 551.302 below.) The Texas Department of Transportation may adopt rules relating to the registration and issuance of license plates to neighborhood elec- tric vehicles. (Added by L.2003, chap. 1320(7), eft. 9/1 /2003.) ~551.303. Operation on roadways. (a) A neighborhood electric vehicle may be operated only on a street or highway for which the posted speed limit is 35 miles per hour or less. A neighborhood electric vehicle may cross a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour. (b) A county or municipality may prohibit the operation of a neighborhood electric vehicle on a street or highway if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety. (c) The Texas Department of Transporta- tion may prohibit the operation of a neighbor. hood electric vehicle on a highway if that depart- ment determines that the prohibition is neces- sary in the interest of safety. (Addec! by L.2003, chap. 1320(7), eft. 9/1/2003.) SUBCHAPTER D. NEIGHBORHOOD ELECTRIC VEHICLES AND MOTOR-ASSISTED SCOOTERS (Added by L.2003, chap. 1325(19.07), eff 9/1/2003. See other Subchapter D above.) ~551.301. Definitions. (Multiple versions enacted. See other Section 551.301 above.) In this subchapter: (1) "Neighborhood electric vehicle" means a vehicle subject to Federal Motor Vehicle Safety Standard 500 (49 C.F.R. Section 571.500). (2) ''Motor assisted scooter" means a self- propelled device with: (A) at least two wheels in contact with the ground during operation; (B) a braking system capable of stopping the device under typical operating conditions; (C) a gas or electric motor not exceeding 40 cubic centimeters; (D) a deck designed to allow a person to stand or sit while operating the device; and Texas Criminal & Vehicle Handbook (E) the ability to be propelled by human power alone. (Added by L.2003, chap. 1325(19.07), eft. 9/112003.) ~551.302. Operation on roadway. (Multiple versions eruxted. See other Section 551.302 above.) (a) A neighborhood electric vehicle or motor assisted scooter may be operated only on a street or highway for which the posted speed limit is 35 miles per hour or less. The vehicle may cross a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour. (b) A person may operate a motor assisted scooter on a path set aside for the exclusive op- eration of bicycles or on a sidewalk. Except as otherwise provided by this section, a provision N of this title applicable to the operation of a bicy- ... cle applies to the operation of a motor assisted ~ scooter. ':i oiQ' (c) A county or municipality may prohibit ;?; the operation of a neighborhood electric vehicle 6 or motor assisted scooter on any street or high- g way if the governing body of the county or mu- :;: nicipality determines that the prohibition is ~ necessary in the interest of safety. ~ (d) The department may prohibit the opera- ~ tion of a neighborhood electric vehicle or motor _= assisted scooter on a highway if it determines 0- that the prohibition is necessary in the interest l' of safety. (e) A provision of this title applicable to a :i' ~. motor vehicle does not apply to a motor assisted t scooter. S' (Added by L.2003, chap. 1325(19.07), eft. 9/ 112003.) ~ c:: CHAPTER 552. PEDESTRIANS ~ Section 552.001. Traffic control signals. 552.002. Pedestrian right-or-way if control signal present. 552.003. Pedestrian right-or-way at crosswalk. 552.004. Pedestrian to keep to right. 552.005. Crossing at point other than crosswalk. 552.006. Use of sidewalk. 552.007. Solicitation by pedestrians. 552.008. Drivers to exercise due care. 552.009. Ordinances relating to pedestrians. ~552.001. Traffic control signals. (a) A traffic control signal displaying green, red, and yellow lights or lighted arrows applies to a pedestrian as provided by this section unless the pedestrian is otherwise directed by a special pedestrian control signal. (b) A pedestrian facing a green signal may proceed across a roadway within a marked or unmarked crosswalk unless the sole green signal is a turn arrow. (c) A pedestrian facing a steady red signal alone or a steady yellow signal may not enter a roadway. (Added by L.1995, chap. 165(1), eft. 9/1/95.) ~ ... o C ;;: ;- ~ ;, o S 742 - DIC~ I;. ;....~.;>..,.D ~;- .o;..~':., .... LA -.. E TEXA 1889 City of La Porte Police Department Interoffice Memorandum Date 11/09/04 To: Thru: From: Subject: City COWlcil Debra Feazelle, City Manager Richard Ref!, Police Chief Scooter Ordinance Under the Transportation Code, Chapter 551 Operation of Bicycles, Mopeds, and Play Vehicles, Subchapter D, Neighborhood Electric Vehicles and Motor-Assisted Scooters the legislature passed a law that allows these vehicles to be operated on City streets in which the speed limit is 35 miles per hour or less,551.302 (a), and additionally allows these vehicles to be operated on paths set aside exclusively for use by bicycles or sidewalks, 551.302 (b). This has given arise to a number of these small scooters operating on the streets within our neighborhoods by children. This has in turn caused concern by the citizens regarding the hazards of operating these vehicles in and aroWld traffic. Although there is no restrictive requirements for these vehicles the legislature did add section 551.302 (c) which allows a mWlicipality to prohibit the operation of these vehicles on any street or highway if the governing body determines that the prohibition is necessary in the best interest of safety. There have been a number of calls from citizens expressing concern over children riding these vehicles on the residential streets within the city. Some have related close calls with these vehicles. It seems strange that a bicycle is not allowed to ride on sidewalks, but a motor assisted scooter can. On the other side we have received other calls from citizens who are concerned about the possibility of restricting the use of these vehicles which are viewed as "toys". The Police Department has been collecting Ordinances and Drafts of Ordinances from various cities aroWld Texas to give the COWlcil and opportWlity to view and discuss the various approaches other cities have taken with the intent to draft an Ordinance for the City of La Porte that would be in the best interest for the City of La Porte. Included are copies of these various Ordinances, but a short summary is included. Overview by City: ~cEJnney,Texas- . They limit the use of the motor assisted scooter to paths and trails set aside for the exclusive operation of bicycles, or on a sidewalk. . In addition they require that a helmet be worn. Frisco, Texas- . They limit the use of the motor assisted scooter for any child to operate to paths and trail set aside for the exclusive operation of bicycles, or on sidewalk. . For adults they mirror the Transportation Code as established Wlder 551.302 (b). Cihj clLaPode PoliceOep...rtment !)J5SontL.&JoSbeel laPorte, 'lXT1571 281..471.-3610 f"",281..470-l59O . They also require that any child operating a motor assisted scooter wear a helmet. Beaumont, Texas- . They first make it unlawful to operate the motor assisted scooter (Scooter) on any street, access road or highway any part of which has a speed limit greater than 30 MPH. . They then make it unlawful for a child or permitting a child to operate or ride a scooter on any path, trail, street, alley or public way within the city. . They do not allow the operation of the scooter after dark within the city or carry a passenger. . They make it unlawful for any person 16 years of age or under to operate a scooter without a helmet. Piano, Texas- . PIano has a geographical area established which does not permit roller skating. Scooters are also forbidden in that designated area. . They make it unlawful to operate the scooter on any street, road or highway that has an improved surface that is greater than 27 feet. . It is unlawful to allow a child under the age of 10 to operate a scooter on any alley, street or highway within the city. They can ride on paths and trails set aside for bicycles or sidewalks. . Unlawful for a person 10 years of age but under 18 to operate a scooter on any alley, street or highway within the city, except for paths and trails set aside for bicycles or sidewalks. . Unlawful for any person under the age of 18 to ride a scooter on a public highway or public property unless the person is wearing a helmet. Wylie, Texas - . It is unlawful for a child to operate or ride a scooter on any path, trail, alley, street, or highway within the City, except paths and trails set exclusively to bicycles or sidewalks. . It is unlawful for an adult to operate a scooter as indicated in 551.302 (a). . It is unlawful for a child to operate or ride a scooter unless wearing a helmet. Trophy Club, Texas- . Scooter can only be operated on public streets and highways during daylight hours. . Can only be operated on paths and trails located within a public park or paths and trails designated as part of a public pathway system. . It is unlawful to operate a scooter on any path, trail, alley, street or highway within the town, except in accordance with the provision of the ordinance. . Unlawful for a child to operate or ride a scooter unless child is wearing a helmet. Rowlett, Texas- . A person can not operate a scooter on any alley, street or highway within the city where the posted speed limit is greater than 30 mph. . Any person 16 or younger operating a scooter shall wear a helmet. ~ alLaPorte Palicel>ep.utmem 915SontL.8tJ.Sbeet LaPorte, lX77571 281.-471-3810 1'az:281.-47()""15OO ,- Richardson, Texas- · A person may not operate a scooter on any alley, street or highway within the city EXCEPT that a person 12 or older who has a scooter permit may operate the scooter on residential streets that are less than 27 feet wide or less and a posted speed limit of 30 mph. · A person younger that 12 may not operate a scooter on any street or highway but may operate the scooter on public sidewalks. · A person may not operate a scooter on any path or trails unless specifically designed as a bicycle path or trail. . Requires person 12 or older to have a permit issued by the Richardson Police Department to operate a scooter. Persons under 12 are not required to have a permit. . Requires operators of scooter to wear a helmet. Lake Jackson, Texas - (1) , . No person may operate a scooter after sunset. . No person under 12 shall operate a scooter on the street. · No person under the age of 18 shall operate a scooter upon any street without wearing a helmet. Lake Jackson, Texas - (2) · No person shall use a scooter on any sidewalk, alley, ditch, esplanade, park or parkway within an established area downtown they may be used on streets and parking areas downtown outside of the established area. · No person shall operate a scooter on any four lane street or road or on a list of heavily traveled streets. (Includes a list of those specific streets) Haltom City, Texas- · Unlawful for any child to operate or ride a scooter on any path, trail, alley, street or highway within the city, except on paths and trails set aside for exclusive operation of bicycles or on a sidewalk. · Unlawful for any adult to operate a scooter as outlined in 551.302 (a). . Unlawful for a child to operate a scooter unless wearing a helmet. Dumas, Texas - · Unlawful for any person to operate a scooter on any street, road, or highway or any part which has a posted speed limit greater than 30 mph. · Unlawful to operate a scooter on any four lane street or road or on a list of designated streets. . Unlawful for a person to operate a scooter at nighttime. . Unlawful to operate a scooter with a passenger on the scooter. . Unlawful to operate a scooter without a helmet. Dickinson, Texas - · Unlawful for any child to operate a scooter on any path, trail, street or highway within the city, except paths and trail used exclusively for operation of bicycles or on sidewalks. · Unlawful for any child to operate a scooter without a helmet. CibJ olkParte Police Oep..rtmeat 9I5Soutl.&LSt.eet kPorte, lXT1571 281..471-3810 1'<a:281..4'ID-15OO Allen, Texas - _ . Unlawful to operate a scooter any where within the limits of any park except sidewalks, and on paths set aside exclusively for the operation of bicycles. Deer Park, Texas- . Deer Park has an ordinance prohibiting use of skateboards, rollerblades and any like equipment with 100 feet of a list of city facilities. They added Scooter to this ordinance. Each ordinance does provide for definitions, violations if the parent/guardian allows a child to violate, and some defenses to prosecution. In the above overview I used the term SCOOTER instead of repeating Motor Assisted Scooter for brevity. To date I do not know of any accident involving one of these scooters, but with the number of them out in the neighborhoods the likelihood increases daily. Cib) aI LaPorte Police Oep...tm.mt 915So..tL.8tI>Sbeet LaPorte.1X77571 281--471-3810 F-=281--470-159O ORDINANCE NO. 2003-11.102 AN ORDINANCE OF THE CITY OF MCKINNEY. TEXAS. ADOPTING ARTICLE XII IN CHAPTER 18 OF THE CODE OF ORDINANCES RELATING TO THE USE AND OPERATION OF MOTOR ASSISTED SCOOTERS BY PROHIBmNG THE OPERATION OF MOTOR ASSISTED SCOOTERS ON CERTAIN STREETS AND HIGHWAYS; REQUIRING THAT CHILDREN WEAR A PROTECTIVE HELMET WHILE OPERATING OR RIDING A MOTOR ASSISTED SCOOTER; PROVIDING FOR A PENALTY FOR VIOLATING THE PROVISIONS OF THE ORDINANCE; PROVIDING FOR THE REPEAL OF CONFUCTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the Texas Legislature enacted laws regulating the use of motor assisted scooters; and WHERAS, municipalities are authorized to prohibit the operation of motor assisted scooters on any street or highway within the municipality WHEREAS, the City Council of the City of McKinney rCity") has detennined that restriction of the use and operation of motor assisted scooter on the streets, highways, alleys, paths and trails within the City of McKinney is necessary in the interest of safety; and WHEREAS, State law safety provisions applicable to bicycle riders apply to the use and operation of a motor assisted scooter; and WHEREAS, the City Council has investigated and determined that it will be advantageous, benefICial and in the best interest of the citizens of McKinney to prevent potential traffic hazards and safety hazards resulting from unauthorized use of streets, highways, alleys and certain pathways and resulting from children faDing to wear helmets. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCKINNEY, TEXAS, THAT: Section 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Section 2. The Code of Ordinances of the City of McKinney Chapter 18, Article XII - Motor Assisted Scooters, is hereby adopted and shall read as follows: .Sec. 18-300. Definitions. CHILD means any individual less than seventeen (17) years of age. HELMET means property fitted protected headgear that is not structurally damaged and that conforms to the standards of the American National Standards Institute, the American Society for Testing and Materials, the SneD Memorial Foundation or any feeleral agency having regulatory jurisdiction over bicycle helmets, as applicable, at the time of the manufacture of the helmet MOTOR ASSISTED SCOOTER shall have the same meaning assigned by the Texas Transportation Code Section 551.301 (2), as it exists or may be amended, and includes a self-propelled device with at least two (2) wheels in contact with the ground during operation; a braking system capable of stopping the device under typical operating conditions; a gas or electric motor forty (40) cubic centimeters or less; a deck designed to allow a person to.stand or sit while operating the devige; and the ability to be propelled by human power alone. PARENT means the natural or adoptive parent, court-appointed guardian or conservator of a child. PUBLIC WAY OR PUBLIC PROPERTY means real property owned, leased or controlled by a political subdivision of the State of Texas, a governmental entity or agency, or similar entity, or a property that is publicly owned or maintained or dedicated to public use, including, but not limited to, a path, trail, sidewalk, alley, street or highway, and a public pari< facility. WEARING A HELMET means that the person has a helmet fastened securely to hislher head with the straps on the helmet securely tightened in the manner intended by the manufacturer to provide maximum protection. . . Sec. 18-301. Restrictions and Prohibitions for Motor Assisted' Scooters. A. Restrictions and Prohibitions on locations of Use. . (1) It is unlawful to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the City, except on paths and trails set aside for the exclusive operation of bicycles or on a sidewalk. (2) It is unlawfLlI for a parent to ailowor permit a chUd to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the City, except on paths and trails set aside for the exclusive operation of bicycles or on a sidewalk. (3) It is presumed that a parent allowed a child to operate or ride a motor assisted scooter in a restricted or prohibited area. 5ec.18-302. Helmets Required. A. Helmet Required. (1) It is unlawful for any child to operate or ride a motor assisted scooter unless the chUd is wearing a helmet. (2) It is unlawful for a parent to allow or permit a child to operate or ride a motor assisted scooter unless the child is wearing a helmet. (3) It is presumed that a parent allowed a chUd to operate or ride a motor assisted scooter without wearing a helmet. (4) It is a defense to prosecution that the motor assisted scooter was not being operated upon public property or a public way at the time of the alleged offense. B. Penalty (1) A person who violates any provision of Section 18-302.A" above, requiring helmets, shall be guilty of a Class C misdemeanor and upon conviction shall be fined an amount not excgeding fifty doDars ($50.00) upon first conviction and an amount not exceeding one hundred dolla.rs ($100.00) upon the second and each subsequent conviction. !J~ (2) The municipal court shall dismiss a charge against a child and/or parent for a first offense under Section 18-302.A., upon receiving proof that a. The defendant acquired a helmet for the chnd who was operating or riding the motor assisted scooter in violation of Section 18-302.A.; and b. The defendant acquired the helmet on or before the tenth day after receiving the citation of the violation. (3) If the charge against the person is dismissed under subsection B.(2), a later conviction for a violation of Section 18-302.A. shall be considered a second or subsequent conviction for the purposes of subsection B.(1)." Section 3. Any person who violates any of the provisions of this ordinance shall be gunty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed five hundred dollars ($500.00). Section 4. That this Ordinance shall be cumulative of all other ordinances of the City and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance and such ordinances shall remain intact and are hereby ratified, verified and affirmed. ,,- Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the City Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. This Ordinance shall become effective from and after the date of its final passage and publication as provided by law, and it is accordingly so ordained. PASSED AND APPROVED ON THE 1S1lt DAY OF NOVEMBER, 2003. APPROVED: ~-~ !/L - ILL WHITFIELD, MA R ATTEST: '2.. CITY OF FRISCO, TEXAS ORDINANCE NO. 08-' (- qb - AN ORDINANCE OF THE CITY OF FRISCO, TEXAS, PLACING RESTRICTIONS ON THE USE AND OPERATION OF MOTOR ASSISTED SCOOTERS BY LIMITING OR PROHIBITING THE OPERATION OF MOTOR ASSISTED SCOOTERS ON CERTAIN STREETS, HIGHWAYS, PATHS AND ALLEYS; PROVIDING FOR A PENALTY FOR ADULTS, PARENTS AND CHILDREN FOR THE USE OF A MOTOR ASSISTED SCOOTER IN A RESTRICTED OR PROHIBITED AREA; REQUIRING THAT CHILDREN WEAR A PROTECTIVE HELMET WHILE OPERATING OR RIDING A MOTOR ASSISTED SCOOTER; PROVIDING FOR A PENALTY FOR PARENTS AND CHILDREN FOR FAILURE OF CHilD TO WEAR A HELMET; PROVIDING A REPEALING, SEVERABILITY AND SAVINGS CLAUSES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Frisco ("City Council") has determined that restriction of the use and operation of motor assisted scooters on the streets, highways, alleys, paths and trails within the City of Frisco ("Frisco" or "City") is necessary in the interest of safety; and WHEREAS, City Council has determined that requiring children to wear helmets while operating or riding a motor assisted scooter is necessary in the interest of safety; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Frisco to prevent potential traffic hazards and safety hazards resulting from unauthorized use of streets, highways, alleys and certain pathways and resulting from children failing to wear helmets. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRISCO, TEXAS: SECTION 1: Findinas Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2; Definitions. Adult means any individual eighteen (18) years of age or older. Child means any individual under eighteen (18) years of age. Helmet means property fitted protective headgear that is not structurally damaged and that conforms to the standards of the American National standards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation or any federal agency having regulatory jurisdiction over bicycle helmets, as applicable, at the time of the manufacture of the helmet. Motor assisted scooter shall have the same meaning assigned by Texas Transportation Code Section 551.301{2}, as it exists or may be amended, and includes - MOTOR ASSISTED SCOOTER ORDINANCE Page 1 C:\Documents and Settings\Deanna\Local Setlings\Temporary Intemet Ales\OLK8\Scooter ordlnance.doc a self-propelled device with at least two wheels in contact with the ground during operation; a braking system capable of stopping the device under typical operating conditions; a gas or electric motor forty (40) cubic centimeters or less; a deck designed to allow a person to stand or sit while operating the device; and the ability to be propelled by human power alone. Parent means the natural or adoptive parent or court-appointed guardian or conservator of a child. Public way or Public property means real property owned, leased or controlled by a political subdivision of the State of Texas, a governmental entity or agency, or similar entity, or any property that is publicly owned or maintained or dedicated to public use, including, but not limited to, a path, trail, sidewalk, alley, street or highway, and a public park facility. Wearing a helmet means that the person has a helmet fastened securely to his/her head with the straps of the helmet securely tightened in the manner Intended by the manufacturer to provide maximum protection. SECTION 3: Restrictions and Prohibitions for Motor Assisted Scooters/Penalty for Violation. A. Restrictions and Prohibitions on Locations of Use. (1) It is unlawful for any child to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the City, except on paths and trails set aside for the exclusive operation of bicycles or on a sidewalk. (2) It is unlawful for a parent to allow or permit a child to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the City, except on paths and trails set aside for the exclusive operation of bicycles or on a sidewalk. (3) It is presumed that a parent allowed a child to operate or ride a motor assisted scooter in a restricted or prohibited area. (4) It is unlawful for any adult to operate or ride a motor assisted scooter on any public way or public property for which the posted speed limit is more than thirty- five (35) miles per hour. The motor assisted scooter may cross a road or a street at an intersection where the road or street to be crossed has a posted speed of more than thirty-fIVe (35) miles per hour. B. Penalty. (1) A person who violates any provision of Section 3A, above, shall be guilty of a Class C misdemeanor and upon oonviction shall be fined an amount not exceeding five hundred dollars ($500.00). (2) The purpose of this Section 3 is to promote safety and discourage the use of motor assisted scooters in unsafe areas. The courts may consider deferred dispositions under the Texas Code of Criminal Procedure, as it exists or may be amended, whenever the circumstances warrant deferred dispositions. MOTOR ASSISTED SCOOTER ORDINANCE C:\Documenls and SettingslDeanna\Local Settings\Temporary Internet F1les\OLK8\Scooter ordinance. doc Page 2 A. Helmet Required. SECTION 4: Helmets Reauired/Penaltv for Failure to Wear Helmet. B. Penalty. "'- (1) (2) (3) (4) It is unlawful for any child to operate or ride a motor assisted scooter unless the child is wearing a helmet. It is unlawful for a parent to allow or permit a child to operate or ride a motor assisted scooter unless the child is wearing a helmet. It is presumed that a parent allowed a child to operate or ride a motor assisted scooter without wearing a helmet. It is a defense to prosecution that the motor assisted scooter was not being operated upon public property or a public way at the time of the alleged offense. (1 ) A person who violates any provision of Section 4.A.. above, requiring helmets, shall be guilty of a Class C misdemeanor and upon conviction shall be fined an amount not exceeding fifty dollars ($50.00) upon the first conviction and an amount not exceeding one hundred dollars ($100.00) upon the second and each subsequent conviction. . The municipal court shall dismiss a charge against a child and/or parent for a first offense under Section 4.A. upon receiving proof that: i. The defendant acquired a helmet for the child who was operating or riding the motor assisted scooter in violation of Section 4.A.; and ii. The defendant acquired the helmet on or before the tenth day after receiving the citation of the violation. If the charge against a person is dismissed under subsection B.(2), a later conviction for a violation of Section 4.A. shall be considered a second or subsequent conviction for purposes of subsection 8.(1}. The purpose of this Section 4 is to promote safety and encourage the use of helmets. The courts may consider deferred dispositions under the Texas Code of Criminal Procedure. as it exists or may be amended, whenever the circumstances warrant deferred dispositions. (2) (3) (4) SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in fuB force and effect. SECTION 6: Severabilitv. Should any section, subsection, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Frisco hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that MOTOR ASSISTED SCOOTER ORDINANCE C:\Documents and Settings\Deanna\loca1 Setflngs\Temporary Internet Files\OLK8\ScooIer ordinance.doc Page 3 1- anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined as set forth herein. Each unlawful act or continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Frisco from filing suit to enjoin the violation. Frisco retains alllagal rights and remedies available to it pursuant to local, state and federal law. SECTION 8: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FRISCO, TEXAS on this ~ day of 'l\0\Jf ~ ,2003. ~~, E. MICHAEL S PSO ,Mayor ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: Ju.b.~ 1mJ: ABERNATH ,ROEDER, BOYD & JOPLIN, P.C. RICHARD M. ABERNATHY City Attorneys ~~~-~ NAN PARKER City Secretary DATE OF PUBLlCATION:-----1\1OU.lUtl1Joer 1 ~ lY- f 2000 . Frisco Enterprise .....'m..'....", ~,,,, OF T HI: ~~,~ ,~.'t-:......... C} '1- f ~v..~. ....~\ ~ . " =: . " .. ! : ~ I = : : I = . . . - . . ;: \. "'~ /. *.... I '\ ~'" '* ..' CO # '\ ,l:-b............1-~~* "''il,.. '7ISCO.\..,....~" ~""'''''''....,,'' MOTOR ASSISTED SCOOTER ORDINANCE C:\DocUments and Seltings\Deanna\loca1 Seltlngs\Temporary Intemet Files\OLK8\Scooter ordinance.doc Page 4 '7 1. (a) Definitions. r.. ~ ~ " r. I' <:- .) ct ~ Sec. 26-11. Operation of motor-assisted scooters. After dark means a time thirty (30) minutes or more before sumise or thirty (30) minutes or more after sunset. Child means any individual less than thirteen (13) years of age. Helmet means properly fItted protective headgear that is not structurally damaged and that conforms to the standards ofthe American National Standards Institute, the American Society of Testing and Materials, or any applicable at the time of manufacture of the helmet. Motor-assisted scooter shall have the same meaning assigned by the Texas Transportation Code section 551.30-1(2) as it exists or may be amended, and includes, a self-propelled device with at least two (2) wheels in contact with the ground during operation; a braking system capable of stopping the device under typical operating conditions; a gas or electric motor forty (40) cubic centimeters or less; a deck designed to allow a person to stand or sit while operating the device; and the ability to be propelled by human power alone. Parent means the natural or adoptive parent, court-appointed guardian or conservator of the child. Public way means real property owned, leased, or controlled by a political subdivision of the state, a governmental entity or agency, or similar entity, and dedicated to public use and is also a path, trail, sidewalk, alley, street or highway. Wearing a helmet means that the person has a helmet fastened securely to hislher head with the straps on the helmet securely tightened in the manner intended by the manufacturer to provide maximum protection. (b) Restrictions and prohibitions on locations and use. (1) It is unlawful to operate or ride a motor-assisted scooter on any street, access road or highway any part of which has a speed limit greater than thirty (30) miles per hour. (2) It is unlawful for a parent to allow or permit a child to operate or ride a motor-assisted scooter on any path, trail, street, alley or public way within the city. (3) It is presumed that a parent allowed a child to operate or ride a motor-assisted scooter in a prohibited area. (4) A person may not operate a motor-assisted scooter after dark within the city. (5) It is unlawful to operate a motor-assisted scooter with a passenger on the scooter. (c) Helmet required. (1) It is unlawful for any person sixteen (16) years of age or under to operate or ride a motor- / ._ assisted scooter unless such person is wearing a helmet. ~ -J: (2) It is unlawful for a parent to allow or permit a person who must wear a helmet to operate or ride a motor-assisted scooter unless the person is wearing a helmet. (3) It is presumed that a parent allowed such a person to operate or ride a motor-assisted scooter without wearing a helmet. (d) Exemption. The regulations and limitations placed on the motor-assisted scooter and neighborhood electrical devices in this section do not apply to those operators of certain mobility devices as outlined in the Texas Transportation Code section 542.009 "operators of certain mobility devices." (Ord. No. 04-019, S 1,3-23-04) Sec. 26-12. Reserved. Editor's note: Pursuant to the city's instructions, S 26-12, has been deleted. Such section had pertained to the adoption of a uniform barricade and sign program as derived from Ord. No. 79- 84, S 1, adopted Oct. 2, 1979. For provisions relative to barricades for street cuts, excavations, etc., the reader is referred to Ch. 23, Art. ID. q - plano.txt ARTICLE II. REGULATIONS FOR MOTOR ASSISTED SCOOTERS Sec. 14-26. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Helmet means properly fitted protective headgear that is not structurally damaged and that conforms to the standards of the American National standards Institute, the American society for Testing and Materials, the snell Memorial Foundation or any federal agency having regulatory jurisdiction over bicycle helmets, as applicable, at the time of the manufacture of the helmet. Motorized scooter means a self-propelled device with at least two (2) wheels in contact with the ground during operation, a braking system capable of stopping the device under typical operating conditions, a gas or electric motor forty (40) cubic centimeters or less, a deck desi~ned to allow a person to stand or sit while operating the device, and the abllity to be propelled by human power alone. This does not include a neighborhood electric vehicle which is defined as a vehicle subject to Federal Motor vehicle safety standards 500 (49 C.F.R. Sec. 571.500) (Tex. Trans. code section 551.301[1][2]). custodian means the natural or adoptive parent or court-appointed guardian or conservator of a child. public way or public property means real property owned, leased or controlled by a political subdivision of the State of Texas, a governmental entity or agency, or similar entity, or any property that is publicly owned or maintained or dedicated to public use, includin9, but not limited to, an alley, street or highway. This term does not include a sldewalk. wearin9 a helmet means that the person has a helmet fastened securely to his/her head wlth the straps of the helmet securely tightened in the manner intended by the manufacturer to provide maximum protection. (ord. NO. 2004-2-12, ~ II, 2-9-04) _ sec. 14-27. Restrictions and prohibitions for motor assisted scooters. The following restrictions apply to persons using motor assisted scooters and their custodians: (a) It shall be unlawful for any person to operate or ride a motorized scooter on any sidewalk located within the geographical areas set out in chapter 14 offenses-Miscellaneous, Article 1, In General section 14-7. Roller skates and similar devices prohibited within certain areas; exceptions of the city of plano code of ordinances. (b) It shall be unlawful for any person to ride or operate a motorized scooter on a street, road, or highway that has an improved surface that is greater than twenty-seven (27) feet in width. (ord. NO. 2004-2-12, ~ II, 2-9-04) Sec. 14-28. Additional restrictions. In addition to the restrictions in subsections 14.27(a) and (b) above, it is unlawful: (a) For a custodian to allow or permit a child under the age of ten (10) to operate or ride a motorized scooter on any alley, street or highway within the city, except a custodian may allow a child under the age of ten (10) to ride a motor assisted scooter on paths and trails set aside for the exclusive operation of bicycles or on a sidewalk. (b) For any person who is ten (10) years of age but under eighteen (18) years of age to operate or ride a motorized scooter on any alley, street or highway within the city, except a person may ride a motor assisted scooter on paths and trails set aside for the exclusive operation of bicycles or on a sidewalk. This restriction is not applicable to persons under the age of eighteen (18) who had been issued, at the time of the operation of the motorized scooter, a license issued by the State of Texas pursuant to Texas Transportation code sections: 521.222 (Instruction permit), 521.223 (Hardship License), 552.224 (Restricted class M License), 521.225 (Moped License), 521.181 (Issuance of Driver's License) or persons under the age of eighteen (18) who had been issued, at the time of the operation of the motorized scooter, a license issued by another state or the federal government that is the equivalent of a license issued by the state of Texas pursuant to the sections of the Texas Transportation code cited herein. (ord. No. 2004-2-12, ~ II, 2-9-04) page 1 11:\ Plano.txt Sec. 14-29. Helmets required. It shall be unlawful: (a) For any person under the age of eighteen (18) to operate or ride a motorized scooter on a public way or public property unless the person is wearing a helmet. Cb) For a custodian to allow or permit a child under the age of ten (10) to operate or ride a motorized scooter on a public way or public property unless the child is wearing a helmet. COrd. No. 2004-2-12, ~ II, 2-9-04) Sec. 14-30. penalty. A person who violates any provisions of this article shall be guilty of a class c misdemeanor and upon conviction shall be fined as provided in section 1-4Cb) of chapter 1 of the City code of ordinances. Cord. No. 2004-2-12, ~ II, 2-9-04) Sees. 14-31--14-45. Reserved. ,- Page 2 I. I - CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PLACING RESTRICTIONS ON THE USE AND OPERATION OF MOTOR ASSISTED SCOOTERS BY LIMITING OR PROHIBITING THE OPERATION OF MOTOR ASSISTED SCOOTERS ON CERTAIN STREETS, IDGHW A YS, PATHS AND ALLEYS; PROVIDING FOR A PENALTY FOR ADULTS, PARENTS AND CHILDREN FOR THE USE OF A MOTOR ASSISTED SCOOTER IN A RESTRICTED OR PROHIBITED AREA; REQUIRING THAT CHILDREN WEAR A PROTECTNE HELMET WHILE OPERATING OR RIDING A MOTOR ASSISTED SCOOTER; PROVIDING FOR A PENALTY FOR PARENTS AND CHlLDREN FOR FAILURE OF CHILD TO WEAR A HELMET; PROVIDING A REPEALING, SEVERABILITY AND SAVINGS CLAUSES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie ("City Council") has determined that restriction of the use and operation of motor assisted scooters on the streets, highways, alleys, paths and trails within the City of Wylie ("Wylie" or "City") is necessary in the interest of safety; and WHEREAS, City Council has determined that requiring children to wear helmets while operating or riding a motor assisted scooter is necessary in the interest of safety; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to prevent potential traffic hazards and safety hazards resulting from unauthorized use of streets, highways, alleys and certain pathways and resulting from children failing to wear helmets. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Definitions. Adult means any individual eighteen (18) years of age or older. Child means any individual under eighteen (18) years of age. Helmet means properly fitted protective headgear that is not structurally damaged and that conforms to the standards of the American National Standards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation or any MOTOR ASSISTED SCOOTER ORDINANCE - Page 1 H:\My Documents\Scooter Ordinance Info\ Wylie.doc I~ federal agency having regulatory jurisdiction over bicycle helmets, as applicable, at the time of the manufacture of the helmet. Motor assisted scooter shall have the same meaning assigned by Texas Transportation Code Section 551.301(2), as it exists or may be amended, and includes a self-propelled device with at least two wheels in contact with the ground during operation; a braking system capable of stopping the device under typical operating conditions; a gas or electric motor forty (40) cubic centimeters or less; a deck designed to allow a person to stand or sit while operating the device; and the ability to be propelled by human power alone. Parent means the natural or adoptive parent or court-appointed guardian or conservator of a child. Public way or Public property means real property owned, leased or controlled by a political subdivision of the State of Texas, a governmental entity or agency, or similar entity, or any property that is publicly owned or maintained or dedicated to public use, including, but not limited to, a path, trail, sidewalk, alley, street or highway, and a public park facility. Wearing a helmet means that the person has a helmet fastened securely to his/her head with the straps of the helmet securely tightened in the manner intended by the manufacturer to provide maximum protection. SECTION 3: Restrictions and Prohibitions for Motor Assisted Scooters/Penaltv for Violation. A. Restrictions and Prohibitions on Locations of Use. (1) It is unlawful for any child to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the City, except on paths and trails set aside for the exclusive operation of bicycles or on a sidewalk. (2) It is unlawful for a parent to allow or permit a child to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the City, except on paths and trails set aside for the exclusive operation of bicycles or on a si.dewalk. (3) It is presumed that a parent allowed a child to operate or ride a motor assisted scooter in a restricted or prohibited area. (4) It is unlawful for any adult to operate or ride a motor assisted scooter on any public way or public property for which the posted speed limit is more than thirty-five (35) miles per hour. The motor assisted scooter may cross a road or a street at an intersection where the road or street to be crossed has a posted speed of more than thirty-five (35) miles per hour. MOTOR ASSISTED SCOOTER ORDINANCE - Page 2 H:\My Documents\Scooter Ordinance Info\ Wylie.doc \'2. B. Penalty. (1) A person who violates any provision of Section 3.A., above, shall be guilty of a Class C misdemeanor and upon conviction shall be fined an amount not exceeding five hundred dollars ($500.00). (2) The purpose of this Section 3 is to promote safety and discourage the use of motor assisted scooters in unsafe areas. The courts may consider deferred dispositions under the Texas Code of Criminal Procedure, as it exists or may be amended, whenever the circumstances warrant deferred dispositions. SECTION 4: Helmets RequiredJPenaltv for Failure to Wear Helmet. A. Helmet Required. (1) It is unlawful for any child to operate or ride a motor assisted scooter unless the child is wearing a helmet. (2) It is unlawful for a parent to allow or permit a child to operate or ride a motor assisted scooter unless the child is wearing a helmet. (3) It is presumed that a parent allowed a child to operate or ride a motor assisted scooter without wearing a helmet. (4) It is a defense to prosecution that the motor assisted scooter was not being operated upon public property or a public way at the time of the alleged offense. B. Penalty. (1) A person who violates any provision of Section 4.A., above, requiring helmets, shall be guilty of a Class C misdemeanor and upon conviction shall be fined an amount not exceeding fifty dollars ($50.00) upon the first conviction and an amount not exceeding one hundred dollars ($100.00) upon the second and each subsequent conviction. (2) The municipal court shall dismiss a charge against a child and/or parent for a first offense under Section 4.A. upon receiving proof that: i. The defendant acquired a helmet for the child who was operating or riding the motor assisted scooter in violation of Section 4.A.; and 11. The defendant acquired the helmet on or before the tenth day after receiving the citation of the violation. (3) If the charge against a person is dismissed under subsection B.(2), a later conviction for a violation of Section 4.A. shall be considered a second or subsequent conviction for purposes of subsection B.( 1). (4) The purpose of this Section 4 is to promote safety and encourage the use of helmets. The courts may consider deferred dispositions under the Texas MOTOR ASSISTED SCOOTER ORDINANCE - Page 3 H:\My Documents\Scooter Ordinance Info\Wylie.doc I /1 .....-... Code of Criminal Procedure, as it exists or may be amended, whenever the circumstances warrant deferred dispositions. SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 6: Severability. Should any section, subsection, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined as set forth herein. Each unlawful act or continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 8: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNClL OF THE CITY OF WYLIE, TEXAS on this _ day of ,2004. JOHN MONDY, Mayor ATfESTED TO AND CORRECTLY RECORDED BY: City Secretary , in the DATE OF PUBLICATION: MOTOR ASSISTED SCOOTER ORDINANCE - Page 4 H:\My Documents\Scooter Ordinance Info\Wylie.doc . I!!"" TOWN OF TROPHY CLUB ORDINANCE NO. 2004-17 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, ESTABLISHING RESTRICTIONS ON THE USE AND OPERATION OF MOTOR ASSISTED SCOOTERS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING DEFINITIONS; PROVIDING RESTRICTIONS AND PROIllBITIONS FOR THE USE OF MOTOR ASSISTED SCOOTERS; PROVIDING FOR A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS (5500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WIllCH A VIOLATION OCCURS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") has determined that restriction of the use and operation of motor assisted scooters on the streets, pathways, and trails within the Town of Trophy Club is necessary in the interest of safety; and WHEREAS, Town Council has determined that requiring children to wear helmets while operating or riding a motor assisted scooter is necessary in the interest of safety; and WHEREAS, the Town Council has determined that it will be advantageous, beneficial and in the best interest of the citizens of Trophy Club to prevent potential traffic hazards and safety hazards resulting from unauthorized use of streets, pathways and trails resulting from children failing to wear helmets to enact certain restrictions on the operation of motor assisted scooters within the Town; and WHEREAS, the Town of Trophy Club is cQncerned about traffic and pedestrian safety, as well as the safety of all its citizens; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF TROPHY CLUB TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. 1/- SECTION 2. DEFINITIONS When used in this Ordinance, the following words and phrases shall have the respective meanings ascribed to them: "Child" means any individual under eighteen (18) years of age. "Daytime hours" means. the time period beginning one-half hour before sunrise and ending one-half hour after sunset. "Helmet" means properly fitted protective headgear that is not structurally damaged and that conforms to the standards of the American National Standards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation or any federal agency having regulatory jurisdiction over bicycle helmets, as applicable, at the time of the manufacture of the helmet. - "Motor assisted scooter" shall have the same meaning assigned by Texas Transportation Code Section 551.301(2), as it exists or may be amended, and includes self-propelled device with at least two (2) wheels in contact with the ground during operation; a braking system capable of stopping the device under typical operating conditions; a gas or electric motor forty (40) cubic centimeters or less; a deck designed to allow a person to stand or sit while operating the device; and the ability to be propelled by human power alone. "Parent" means the natural or adoptive parent or court-appointed guardian or conservator of a child. "Public way or Public property" means real property owned, leased or controlled by a political subdivision of the State of Texas, a governmental entity or agency, or similar entity, or any property that is publicly owned or maintained or dedicated to public use, including, but not limited to, a path, trail, sidewalk, alley, street or highway, and a public park facility. "Wearing a helmet" means that the person has a helmet fastened securely to his/her head with the straps of the helmet securely tightened in the manner intended by the manufacturer to provide maximum protection. SECTION 3. RESTRICTIONS AND PROIllBITION FOR MOTOR ASSISTED SCOOTERS A. Locations of Use .- 1. A motor assisted scooter shall only be operated on public streets and highways during daytime hours as defined herein. 2. A motor assisted scooter shall only be operated on paths and trails located within a public park or paths and trails designated as part of a public pathway system. 3. It shall be unlawful for any person to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the Town, except in accordance with the provisions of this Ordinance. 4 It shall be unlawful for a parent to allow or permit a child to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the Town, in violation of any provision of this Ordinance. 5. It shall be unlawful for a parent to knowingly allow a child to operate or ride a motor assisted scooter in a restricted or prohibited area B. Helmets Required. 1. The following criteria shall apply to operators of motor assisted scooters: (a) It shall be unlawful for any child to operate or ride a motor assisted scooter unless the child is wearing a helmet. (b) It shall be unlawful for a parent to knowingly allow or permit a child to operate or ride a motor assisted scooter unless the child is wearing a helmet. ( c) It is a defense to prosecution that the motor assisted scooter was not being operated upon public property or a public way at the time of the alleged offense. SECTION 4. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fine~ upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 5. CUMULATIVE REPEALER ,- That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed toothe extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such '0 ,- Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 6. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 7. SAVINGS That all rights and remedies of the Town of Trophy Club are expressly saved as to any and all violations of the provisions of any Ordinances regarding restrictions and prohibitions for motor assisted scooters and/or helmets that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 8. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. - IQ - SECTION 9. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 10. EFFECTIVE DATE That this Ordinance shall be in full force and effect from and after its date of passage, in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 21 5t day of June, 2004. Mayor Town of Trophy Club, Texas Effective Date: June 26, 2004 >- [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas .- ,,1\ AN ORDINANCE OF THE CITY OF ROWLETT, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROWLETT, TEXAS, AMENDING THE CODE OF ORDINANCE BY AMENDING CHAPTER 66, ARTICLE I, BY ADDING A NEW SECTION 66-4 TO REGULATE THE OPERATION OF SCOOTERS WITIDN THE CITY LIMITS OF THE CITY OF ROWLETT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NO TO EXCEED THE SUM OF FIVE HUNDRED ($500) DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that the use of scooters within the City of Rowlett requires certain regulations to be established in the interest of safety; and WHEREAS, the City Council has determined that such regulations are necessary for the general health, safety and welfare of its citizens; - NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROWLETT, TEXAS; Section 1. That the Code of Ordinances of the City of Rowlett, Texas is hereby amended by amending Chapter 66, Article I, by adding a new Section 66-4 to regulate the operation of scooters within the city limits of the City of Rowlett, which shall read as follows: "Chapter 66 TRAFFIC AND VEmCLES ARTICLE I. IN GENERAL Section 66-4-1 Operation of Motor Scooters (A) For the purposes of this section the term "scooter" shall have the same meaning as assigned by Section 551.301 of the TEXAS TRANSPORTATION CODE, as amended. - (B) A person may not operate a scooter on any alley, street or highway within the City where the posted speed limit is greater than thirty (30) miles per hour. 66101 ,,( (C) Any person 16 years of age or younger operating a scooter shall be required to wear a helmet approved or rated under standards accepted by the U. S. Department of Transportation, as amended. (0) A person shall not be permitted to transport any passenger on any scooter. Section 66-4-2 Penalties. (A) Any minor violating the provisions of this article shall be guilty of a class C misdemeanor as defined in the Texas Penal Code and shall be dealt with in accordance with the provisions ofV.T.C.A., Family Code Title 3. (B) A parent of a minor violating this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $50.00 nor more than $500.00. (C) In assessing punishment for either parent or a child, the municipal court judge is encouraged to consider community service." SECTION 2. That all provisions of the Ordinances of the City of Rowlett, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect SECTION 3. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Rowlett Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Rowlett Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and upon conviction shall be subjected to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense; and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 5. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provides. DULY PASSED by the City Council of the City of Rowlett, Texas, this the _ day of 2004. APPROVED: C. SHANE JOHNSON, MAYOR 66101 ~~ ATTEST: SUSIE QUINN, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATIORNEY (REHlcdb 11/9/04) 66101 t;/.!> AN ORDINANCE OF THE CITY OF ROWLETT, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROWLETT, TEXAS, Al\fENDING THE CODE OF ORDINANCE BY AMENDING CHAPTER 66, ARTICLE I, BY ADDING A NEW SECTION 66-4 TO REGULATE THE OPERATION OF SCOOTERS WITmN THE CITY LIMITS OF THE CITY OF ROWLETT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENAL TV OF FINE NO TO EXCEED THE SUM OF FIVE HUNDRED ($500) DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of Rowlett, Texas, this the _ day of 2004. APPROVED: C. SHANE JOHNSON, MAYOR ATTEST: SUSIE QUINN, CITY SECRETARY .2.t..j - CITY OF ROCKWALL ORDINANCE NO. 04-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, AMENDING THE CODE OF ORDINANCES IN CHAPTER 16 MOTOR VEHICLES AND TRAFFIC IN ARTICLE IV BICYCLES AND PLAY VEHICLES BY THE ADDITION OF SEC. 16-76 PLACING RESTRICTIONS ON THE USE AND OPERATION OF MOTOR ASSISTED SCOOTERS BY LIMITING OR PROHIBITING THE OPERATION OF MOTOR ASSISTED SCOOTERS ON CERTAIN STREETS, HIGHWAYS, PATHS AND ALLEYS; PROVIDING FOR A PENALTY FOR ADULTS, PARENTS AND CHILDREN FOR THE USE OF A MOTOR ASSISTED SCOOTER IN A RESTRICTED OR PROHIBITED AREA; REQUIRING THAT CHILDREN WEAR A PROTECTIVE HELMET WHILE OPERATING OR RIDING A MOTOR ASSISTED SCOOTER; PROVIDING FOR A PENALTY FOR PARENTS AND CHILDREN FOR FAILURE OF CHILD TO WEAR A HELMET; PROVIDING A REPEALING, SEVERABILITY AND SAVINGS CLAUSES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE. - WHEREAS, the City Council of the City of Rockwall ("City Council") has determined that restriction of the use and operation of motor assisted scooters on the streets, highways, alleys, paths and trails within the City of Rockwall ("Rockwall" or "City") is necessary in the interest of safety; and WHEREAS, City Council has determined that requiring children to wear helmets while operating or riding a motor assisted scooter is necessary in the interest of safety; and WHEREAS. the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Rockwall to prevent potential traffic hazards and safety hazards resulting from unauthorized use of streets, highways, alleys and certain pathways and resulting from children failing to wear helmets. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS: Section 1. Findinas IncorPorated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Section 2. That the Code of Ordinances of the City of Rockwall shall be amended in Chapter 16 Motor Vehicles and Traffic, Article IV Bicycles and Play Vehicles by the addition of Sec. 16-76 Operation of Motor Assisted Scooters, which shall hereinafter read in its entirety as follows: -, Ordinance - Motor Assisted Scooters Page 1 - ::lb "CHAPTER 16 MOTOR VEHICLES AND TRAFFIC ARTICLE IV BICYCLES AND PLAY VEHICLES Sec. 16-76 Operation of Motor Assisted Scooters A. Definitions. 1. Adult means any individual eighteen (18) years of age or older. 2. Child means any individual under eighteen (18) years of age. 3. Helmet means properly fitted protective headgear that is not structurally damaged and that conforms to the standards of the American National Standards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation or any federal agency having regulatory jurisdiction over bicycle helmets, as applicable, at the time of the manufacture of the helmet. 4. Motor assisted scooter shall have the same meaning assigned by Texas Transportation Code Section 551.301 (2), as it exists or may be amended, and includes a self-propelled device with at least two wheels in contact with the ground during operation; a braking system capable of stopping the device under typical operating conditions; a gas or electric motor forty (40) cubic centimeters or less; a deck designed to aI/ow a person to stand or sit while operating the device; and the ability to be propelled by human power alone. 5. Parent means the natural or adoptive parent or court-appointed guardian or conservator of a child. 6. Public way or Public property means real property owned, leased or controlled by a political subdivision of the State of Texas, a governmental entity or' agency, or similar entity, or any property that is publicly owned or maintained or dedicated to public use, including, but not limited to, a path, trail, sidewalk, alley, street or highway, and a public park facility. 7. Wearing a helmet means that the person has a helmet fastened securely to his/her head with the straps of the helmet securely tightened in the manner intended by the manufacturer to provide maximum protection. Ordinance - Motor Assisted Scooters Page 2 Of" B. Restrictions and Prohibitions for Motor Assisted Scooters/Penalty for Violation 1. Restrictions and Prohibitions on Locations of Use. a. It is unlawful for any child to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the City, except on paths and trails set aside for the exclusive operation of bicycles or on a sidewalk. b. It is unlawful for a parent to allow or permit a child to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the City, except on paths and trails set aside for the exclusive operation of bicycles or on a sidewalk. c. It is presumed that a parent allowed a child. to operate or ride a motor assisted scooter in a restricted or prohibited area. d. It is unlawful for any adult to operate or ride a motor assisted scooter on any public way or public property for which the posted speed limit is more than thirty-five (35) miles per hour. The motor assisted scooter may cross a road or a street at an intersection where the road or street to be crossed has a posted speed of more than thirty-five (35) miles per hour. c. Penalty. 1. A person who violates any provision of Section B above, shall be guilty of a Class C misdemeanor and upon conviction shall be fined an amount not exceeding five hundred dollars ($500.00). 2. The purpose of this Section B is to promote safety and discourage the use of motor assisted scooters in unsafe areas. The courts may consider deferred 'dispositions under the Texas Code of Criminal Procedure, as it exists or may be amended, whenever the circumstances warrant deferred dispositions. D. Helmets Required/Penalty for Failure to Wear Helmet 1. Helmet Required. a. It is unlawful for any child to operate or ride a motor assisted scooter unless the child is wearing a helmet. It is unlawful for a parent to allow or permit a child to operate or ride a motor assisted scooter unless the child is wearing a helmet. It is presumed that a parent allowed a child to operate or ride a motor assisted scooter without wearing a helmet. b. - c. Ordinance - Motor Assisted Scooters Page 3 .A .J1 ,- d. It is a defense to prosecution that the motor assisted scooter was not being operated upon public property or a public way at the time of the alleged offense. E. Penalty. 1. A person who violates any provision of Section D above, requiring helmets, shall be guilty of a Class C misdemeanor and upon conviction shall be fined an amount not exceeding fifty dollars ($50.00) upon the first conviction and an amount not exceeding one hundred dollars ($100.00) upon the second and each subsequent conviction. 2. The municipal court shall dismiss a charge against a child and/or parent for a first offense under Section D upon receiving proof that: i. The defendant acquired a helmet for the child who was operating or riding the motor assisted scooter in violation of Section D; and ii. The defendant acquired the helmet on or before the tenth day after receiving the citation of the violation. 3. If the charge against a person is dismissed under subsection 8, a later conviction for a violation of Section D. shall be considered a second or subsequent conviction for purposes of subsection 8. 4. The purpose of this Section D is to promote safety and encourage the use of helmets. The courts may consider deferred dispositions under the Texas Code of Criminal Procedure, as it exists or may be amended, whenever the circumstances warrant deferred dispositions." Section 3. SavinQs/RepealinQ Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shalloremain in full force and effect. Section 4. Severability. Should any section, subsection, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. RockwalJ hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Section 5. Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof Ordinance - Motor Assisted Scooters Page 4 -19" ,- shall be fined as set forth herein. Each unlawful act or continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Rockwall from filing suit to enjoin the violation. Rockwall retains all legal rights and remedies available to it pursuant to local, state and federal law. Section 6. Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, this 5th day of April, 2004. ATTEST: Ken Jones, Mayor Dorothy Brooks, City Secretary APPROVED AS TO FORM: Pete Eckert, City Attorney 1st Reading: March 15.2004 2nd Reading: April 5. 2004 Ordinance - Motor Assisted Scooters Page 5 ,.. ORDINANCE NO. 3465 AN ORDINANCE OF THE CITY OF RICHARDSON, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF RICHARDSON, BY AMENDING CHAPTER 22 TO ADD SECTION 22-11 TO PROIllBIT THE OPERATION OF NEIGHBORHOOD ELECTRIC VEmCLES AND MOTOR-ASSISTED SCOOTERS ON CERTAIN STREETS, mGHWAYS, PATHS AND ALLEYS; BY AMENDING SECTION 15-61 TO ADD SUBSECTION (29) TO PROIDBIT MOTOR-ASSISTED SCOOTERS WITIDN THE LIMITS OF A PARK; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that the prohibition of neighborhood electric vehicles and motor-assisted scooters on the streets, highways and alleys within the City of Richardson except on residential streets less than 27 feet in width with a posted speed limit of 30 miles per hour or less is necessary in the interest of safety; and WHEREAS, City Council has determined that the prohibition of motor-assisted scooters on paths and trails within City except on paths and trails that are exclusively set aside for the operation of bicycles is necessary in the interest of safety. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHARDSON, TEXAS: SECTION 1. That the Code of Ordinance of the City of Richardson, Texas be and the same is hereby amended by Chapter 22 by adding Section 22-11 to prohibit neighborhood electric vehicles and motor-assisted scooters on certain streets, highways, paths and alleys within the City to read as follows: "Sec. 22-11 Neighborhood electric vehicles and motor-assisted scooters. (a) For purposes of this section the terms "neighborhood electric vehicle" and "motor assisted scooter" shall have the same meaning assigned by Transportation Code Section 551.301, as amended. (b) A person may not operate a motor-assisted scooter on any alley, street or highway within the city except, that a person 12 years of age or older, who holds a scooter permit, may operate a motor-assisted scooter on residential streets that are 27 feet or less in width and posted with a maximum speed limit of 30 miles per hour. e c) A person younger than 12 years of age may not operate a motor-assisted scooter on any street or highway, but may operate a motor-assisted scooter on public sidewalks. (d) A person may not operate a motor-assisted scooter on any path or trail within the city except on paths and trails set aside for the exclusive operation of bicycles." '-. '"" Ordinance No. 3465 (e) A person 12 years of age or older, other than a person who holds a valid driver's license, may not operate a motor-assisted scooter within the city unless such person holds a motor-assisted scooter permit issued by the Richardson Police Department. A person younger than 12 years of age may but is not required to hold a motor-assisted scooter permit. A person required to hold a motor-assisted scooter permit shall have in the person's immediate possession while operating a motor-assisted scooter a motor-assisted scooter permit, and shall display the license on the demand of a magistrate, court officer or peace officer. (f) The Richardson Police Department shall administer an applicant for a motor- assisted scooter permit a safety course relating to the traffic laws applicable to the operation of motor-assisted scooters. Any violation of this section may result in suspension of a scooter permit. (g) Any person who operates or rides on a motor-assisted scooter shall wear a protective helmet when such motor-assisted-scooter is in operation and when a neighborhood electric vehicle is operated on a public street. For the purposes of this subsection a protective helmet means properly fitted headgear that is not structurally damaged and that conforms to the standards of the American National Standards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation or any state or federal agency having regulatory jurisdiction over bicycle helmets at the time of the manufacture of the helmet. (h) It is an offense for any person to cause, suffer or permit another person to operate a motor-assisted scooter on any alley, sidewalk or highway within the City, in violation of this section. SECTION 2. That the Code of Ordinance of the City of Richardson, Texas be and the same is hereby amended by Chapter 15 by adding Section 15-61(29) to prohibit the operation of motor- assisted scooters in city parks except on sidewalks, or on paths set aside for the exclusive operation of bicycles to read as follows: "Sec. 15-61 Unlawful acts. (29) to operate a motor-assisted scooter, as defined by Transportation Code, Section 551.301, as amended, any where within the limits of any park except on sidewalks, and on paths set aside for the exclusive operation of bicycles." .-. SECTION 3. That all provisions of the ordinances of the City of Richardson in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other Page 2 '2.\ Ordinance No. 3465 provisions of the ordinances of the City of Richardson not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the City of Richardson, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Hundred ($200.00) Dollars for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Richardson, Texas, on the 24th day of May 2004. APPROVED: MAYOR CORRECTLY ENROLLED: CITY SECRETARY APPROVED AS TO FORM: - CITY ATTORNEY (pGS:tc 5889504/19/04) Page 3 ~ Ordinance No. 3465 ORDINANCE NO. 3465 AN ORDINANCE OF THE CITY OF RICHARDSON, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF RICHARDSON, BY AMENDING CHAPTER 22 TO ADD SECTION 22-11 TO PROHIBIT THE OPERATION OF NEIGHBORHOOD ELECTRIC VEmCLES AND MOTOR-ASSISTED SCOOTERS ON CERTAIN STREETS, IDGHWAYS, PATHS AND ALLEYS; BY AMENDING SECTION 15-61 TO ADD SUBSECTION (29) TO PROmBIT MOTOR-ASSISTED SCOOTERS WITH THE LIMITS OF A PARK; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council ofthe City of Richardson, Texas, on the 24th day of May 2004. APPROVED: MAYOR CORRECTLY ENROLLED: CITY SECRETARY AA ORDINANCE NO. 04-1748 AN ORDINANCE OF THE CITY OF LAKE JACKSON, TEXAS, CREATING SECTION 98-12 OF THE CODE OF ORDINANCES BY ESTABLISHING A POLICY IN THE INTEREST OF PUBLIC SAFETY THAT PROHIBITS ANY PERSON UNDER AGE 12 FROM OPERATING A NEIGHBORHOOD ELECTRIC VEHICLE OR MOTOR ASSISTED SCOOTER ON ANY STREET; AND PROHIBITS ANY PERSON UNDER THE AGE OF 18 FROM OPERATING A NEIGHBORHOOD ELECTRIC VEHICLE OR MOTOR ASSISTED SCOOTER UPON ANY STREET WITHOUT WEARING A HELMET; AND PROHIBITS THE OPERATION OF A NEIGHBORHOOD ELECTRIC VEHICLE OR MOTOR ASSISTED SCOOTER BY ANY PERSON AFTER SUNSET UNLESS THE VEHICLE IS EQUIPPED WITH LIGHTS AND SIGNALS OF THE STANDARD FOUND IN THE TEXAS TRANSPORTATION CODE FOR VEHICLES; PROVIDING FOR A PENA TL Y OF UP TO $500.00 PER VIOLATION; PROVIDING A SAVINGS CLAUSE, AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT AND BE IN FORCE FIVE DAYS AFTER ITS DESCRIPTIVE CAPTION IS PUBLISHED WITHIN TEN DAYS OF FINAL PASSAGE IN THE BRAZOSPORT FACTS. WHEREAS, the Council of the City of lake Jackson, after an engineering and traffic investigation, believes it is essential to establish a policy, in the interest of public safety , concerning the operation of neighborhood electric vehicles and motor assisted scooters by those under age 18 and by those operating said vehicles and scooters after sunset; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKE JACKSON, TEXAS: Section 1: That, in the interest of public safety, the Code of the City of lake Jackson, Texas, is hereby amended by adding new section 98-12 to read as follows: Sec. 98-12 Upon the basis of an engineering and traffic investigation, heretofore made as authorized by provisions of the Texas Transportation Code, the following regulations are adopted as follows: (a) no person shall operate a neighborhood electric vehicle or motor assisted scooter on any street after sunset, if the vehicle or scooter is not equipped with lights and signals of the standard found in the Texas Transportation Code for vehicles. (b) no person under the age of 12 shall operate a neighborhood electric vehicle or motor assisted scooter on any street (c) no person under the age of 18 shall operate a neighborhood electric vehicle or motor ::l!=:!=:i~tP.rl ~('.notp.r IlOon ::lnv ~trp.p.t withollt wp.::lrinn ::l hAlmp.t th::lt - - I be in full force five days after publication, in accordance with Section 3-15 of the Charter of the City of Lake Jackson, Texas. PASSED AND APPROVED on the first reading this 2004. day of PASSED AND ADOPTED on this second and final reading this ,2004. day of Shane W. Pirtle, Mayor ATTEST: Alice A. Rodgers, City Secretary ').J:\ ,- ORDINANCE NO. 03-1739 - AN ORDINANCE OF THE CITY OF LAKE JACKSON, TEXAS, CREATING SECTIONS 98-10 AND 98-11 OF THE CODE OF ORDINANCES BY ESTABLISHING A POLICY IN THE INTEREST OF PUBLIC SAFETY THAT PROHIBITS "NEIGHBORHOOD ELECTRIC VEHICLES" AND "MOTOR ASSISTED SCOOTERS" (AS DEFINED IN SECTION 551.301 OF THE TEXAS TRANSPORTATION CODE) EXCEPT FOR STREETS AND PARKING LOTS IN ALL OF AREA J (DOWNTOWN) AND PROHIBITING THE ABOVE DESCRIBED "VEHICLES" AND "SCOOTERS" ON CERTAIN HEAVILY TRAVELED STREETS IN THE CITY, NAMELY, ALL OF PLANTATION DRIVE, ALL OF WILLOW DRIVE, ALL OF DIXIE DRIVE, ALL OF OYSTER CREEK DRIVE, ALL OF STATE HIGHWAY 332, ALL OF MEDICAL DRIVE, OAK DRIVE SOUTH OF OYSTER CREEK DRIVE, YAUPON NORTH OF STATE HIGHWAY 288, ALL OF THIS WAY SOUTH OF STATE HIGHWAY 288, ALL OF LAKE ROAD THAT IS SOUTH OF FM 2004; PROVIDING FOR A PENAL TV OF UP TO $500 PER VIOLATION; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES TO THE EXTENT OF THE CONFLICT ONLY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT AND BE IN FORCE FIVE DAYS AFTER ITS DESCRIPTIVE CAPTION IS PUBLISHED WITHIN TEN DAYS OF FINAL PASSAGE IN THE BRAZOSPORT FACTS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKE JACKSON, TEXAS: Section 1: That the Code of the City of Lake Jackson, Texas, is hereby amended by adding new Section 98-10 to read as follows: Sec. 98-10. No person shall use, operate or ride upon any "neighborhood electric vehicle and "motor assisted scooter" (as defined in Section 551.301 of the Texas Transportation Code) on any sidewalk, alley, ditch, esplanade, park or parkway in all of Area J (known as the original downtown area). Said "vehicles" and "scooters" may be operated on streets and parking areas downtown. Section 2: That, upon the basis of an engineering and traffic study investigation heretofore made, the Code of the City of Lake Jackson, Texas, is hereby amended by adding new Section 98-11 to read as follows: Sec. 98-11. (a) "Neighborhood electric vehicles" and "motor assisted scooters" (as defined in Section 551.301 of the Texas Transportation Code) are prohibited and shall not be operated in any four lane street or road or on the following heavily traveled streets due to the hazards presented by the vehicles for those operators and other motorists and in the interest of public safety: all of Plantation Drive, all of Willow Drive, .":11 scooter". Section 3. That any person, firm, corporation, association or other entity that violates this ordinance shall be subject to a fine of not more than Five Hundred Dollars ($500) for each violation. Section 4: That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 5: That if any part or portion of this ordinance shall be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair any remaining portions or provisions of this ordinance. Section 6: The City Secretary shall publish the caption of this ordinance within ten (10) days of final passage in the official newspaper of the city. This ordinance shall take effect and be in force five (5) days after publication in accordance with Section 3-15 of the Charter of the City of Lake Jackson, Texas. PASSED AND APPROVED on the first reading this ,2003. day of PASSED AND ADOPTED on this second and final reading this ,2003. day of Shane W. Pirtle, Mayor ATTEST: Alice A. Rodgers, City Se.cretary 2 01 CITY OF HALTOM CITY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF HALTOM CITY, TEXAS, PLACING RESTRICTIONS ON THE USE AND OPERATIONS OF MOTOR ASSISTED SCOOTERS BY LIMITING OR PROHIBITING THE OPERATION OF MOTOR ASSISTED SCOOTERS ON CERTAIN STREETS, HIGHWAYS, PATHS AND ALLEYS; PROVIDING FOR A PENALTY FOR ADULTS, PARENTS AND CHILDREN FOR THE USE OF A MOTOR ASSISTED SCOOTER IN A RESTRICTED OR PROHOBITED AREA; REQUIRING THAT CHILDREN WEAR A PROTECTIVE HELMET WHILE OPERATING OR RIDING A MOTOR ASSISTED SCOOTER; PROVIDING FOR A PENALTY FOR PARENTS AND CHILDREN FOR FAILURE OF A CHILD TO WEAR A HELMET; PROVIDING A REPEALING, SEVERABILITY AND SAVING CLAUSES; PROV1DING FOR A PENALTY FOR THE VIOLATION OF THIS ORIDNANCE; PROVIDING AN EFFECTIVEDATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Haltom City ("City Council") has determined that restriction of the use and operation of motor assisted scooters on the streets, highways, alleys, paths and trails within the City of Haltom City ("Haltom City" or t'City") is necessary in the interest of safety; and WHEREAS, City Council has determined that requiring children to wear helmets while operating or riding a motor assisted scooter is necessary in the interest of safety; and WHEREAS, the City Council has investigated and detennined that it will be advantageous, beneficial and in the best interest of the citizens of Haltom City to prevent potential traffic hazards and safety hazards resulting from the unauthorized use of streets, highways, alleys and pathways and resulting from children failing to wear helmets. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HALTOM CITY, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Definitions. - Adult means any individual eighteen (18) years of age or older. Child means any individual less than eighteen years of age ..,~ Helmet means properly fitted protective headgear that is not structurally damaged and that conforms to the standard of the American National Standards Institute, the American Society for Testing and Materials, Snell Memorial Foundation or any federal agency having jurisdiction over bicycle helmets, as applicable, at the time of the manufacture of the helmet. Motor assisted scooter shall have the same meaning assigned by the Texas Transportation Code Section 551.301(2), as it exists or may be amended, and includes a self propelled device with at least two wheels in contact with the ground during operation; a braking system capable of stopping the device under typical operating conditions; gas or electric motor forty (40) cubic centimeters or less; a deck designed to allow a person to stand or sit white operating the device; and the ability to be propelled by human power alone. Parent means the natural or adoptive parent or court-appointed guardian or conservator of a child. Public way or Public property means real property owned, leased or controlled by a political subdivision of the State of Texas, a governmental entity or agency, or similar entity, or any property that is owned or maintained or dedicated to public use, including but not limited to, a path, trail, sidewalk, alley, street or highway, and a public park facility. Wearine a helmet means that the person has a helmet fastened securely to his/her head with the straps of the helmet securely tightened in the manner intended by the manufacturer to provide maximum protection. Section 3: Restrictions and Prohibitions for Motor Assisted Scooters/Penalty for Violation. A. Restrictions and Prohibitions on Locations of Use. (1) It is unlawful for any child to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the City, except on paths and trails set aside for the exclusive operation of bicycles or on a sidewalk. (2) It is unlawful for a parent to allow or permit a child to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the City, except on paths and trails set aside for the exclusive operation of bicycles or on a sidewalk. (3) It is presumed that a parent allowed a child to operate or ride a motor assisted scooter in a prohibited area. - 2...'1 (4) It is unlawful for any adult to operate or ride a motor assisted scooter on any public property for which the posted speed limit is more than thirty- five (35) miles per hour. The motor assisted scooter may cross a road or a street at an intersection where the road or street to be crossed has a posted speed of more than thirty-five (35) miles per hour. B. Penalty. (1) A person who violates any provision of Section 3.A., above, shall be guilty of a Class C misdemeanor and upon conviction shall be fined an amount not to exceed five hundred dollars ($500.00). (2) The purpose of this Section 3 is to promote safety and discourage the use of motor assisted scooters in unsafe areas. The court may consider deferred dispositions under the Texas code of Criminal Procedure, as it exists or may be amended, whenever the circumstances warrant deferred dispositions. Section 4: Helmets RequiredlPenalty for Failure to Wear Helmet A. Helmet Required -, (1) It is unlawful for any child to operate or ride a motor assisted scooter unless the child is wearing a helmet. (2) It is unlawful for a parent to allow or permit a child to operate or ride a motor assisted scooter unless the child is wearing a helmet. (3) It is presumed that a parent allowed a child to operate or ride a motor assisted scooter without wearing a helmet. (4) It is a defense to prosecution that the motor assisted scooter was not being operated upon public property or a public way at the time of the alleged offense. B. Penalty. - (1) A person who violates any provision of Section 4.A., above, requiring helmets, shall be guilty of a Class C misdemeanor and upon conviction shall be fined an amount not to exceed fifty dollars ($50.00) upon the first conviction an amount not to exceed one hundred ($100.00) upon the second and each subsequent conviction. (2) The municipal court shall dismiss a charge against a child and/or parent for a first offense under Section 4.A. upon receiving proof that: i. The defendant acquired a helmet for the child who was operating or riding the motor assisted scooter in violation of Section 4.A.; and 11. The defendant acquired the helmet on or before the tenth day after receiving the citation of the violation. c./.() (3) If the charge against a person is dismissed under Section R(2), a later conviction for a violation of Section 4.A. shall be considered a second or subsequent conviction for purposes of subsection R(l). (4) The purpose of this Section 4 is to promote safety and encourage the use of helmets. The court may consider deferred dispositions under the Texas code of Criminal Procedure, as it exists or may be amended, whenever the circumstances warrant deferred dispositions. Section 5: SavingslRepealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. Section 6: Severability. Should any section, subsection, sentence, ........... clause, phrase or word in this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Haltom City declares that it would have passed this Ordinance, and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Section 7: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined as set forth herein. Each unlawful act or continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this shall not preclude Haltom City from filing suit to enjoin the violation. Haltom City retains all legal rights and remedied available to it pursuant to local, state, and federal law. ,- L-i( ",-- Section 8: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law, the City Charter and bylaw. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF HALTOM CITY, TEXAS on this _day of ,2004. CALVIN WHITE, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: ,- BRENDA STAAB TRMC City Secretary TAYLOR, OLSON, ADKINS, SRALLA, ELAM, L.L.P. City Attorneys - 4;;L ORDINANCE NO AN ORDINANCE REGULATING THE OPERATION OF MOTOR-ASSISTED SCOOTERS ON THE STREETS AND RIGHTS OF WAY OF THE CITY OF DUMAS, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Texas Legislature has authorized municipalities to either prohibit or regulate the operation of motor-assisted scooters; and WHEREAS, the City Commission of the City of Dumas, Texas, has determined that the regulation of the use and operation of motor-assisted scooters on the streets, highways, alleys, paths, and trails is necessary in the interest of safety; and WHEREAS, the Texas law provisions which are applicable to bicycle riders apply to the use and operation of motor-assisted scooters; and WHEREAS, the City Commission has investigated and determined that it would be advantageous, beneficial, and in the best interest to the health, safety, and welfare of the citizen's of Dumas to prevent potential traffic hazards and safety hazards resulting from the use of motor-assisted scooters. NOW, THERFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DUMAS, TEXAS: Section I. That the use of motor-assisted scooters within the City of Dumas, Texas, shall be regulated as follows: Def'mitions: 1. Child means any individual less than 8 years old 2. Helmet means properly fitted protective headgear that is not structurally damaged and that conforms to the standards of the American National Standards Institute, the American Society of Testing Materials, or any other applicable standards at the time of manufacture of the helmet. 3. Motor-Assisted Scooter shall have the same meaning assigned by the Texas Transportation Code Section 551.301(2) as it exists or may be amended, and includes a self-propelled device with at least two (2) wheels in contact with the ground during operation; a braking system capable of stopping the device under typical operating conditions; a gas or electric motor forty (40) cubic centimeters or less; a deck designed to allow a person to stand or sit while operating the device; and the ability to be propelled by human power alone. 4. Nighttime means thirty (30) minutes or more before sunrise and 30 minutes or more after sunset. 5. Parent means the natural or adoptive guardian, court-appointed guardian or conservator of a child. 6. Person means an individual between the ages of 8 years and 15 years 7. Public way means real property owned, leased, or controlled by a political subdivision of the State of Texas, a governmental entity or agency, or similar entity, and dedicated to public use and is also a path, trail, sidewalk, alley street, or highway. ,~, 8. Wearing a helmet means that the person has a helmet fastened securely to his/her head with the straps on the helmet securely tightened in the manner intended by the manufacturer to provide maximum protection. Restrictions and Prohibitions on Locations of Use. 1. It is unlawful for a person to operate or ride a motor-assisted scooter on any street, access road, or highway, or any part of which that has a posted speed limit greater than thirty (30) miles per hour. 2. It is unlawful for a person to operate or ride a motor-assisted scooter on any four lane street or road or on the following heavily traveled streets due to the hazards presented by the vehicles for those operators and other motorists and in the interest of public safety: a. West Seventh Street from Dumas Avenue to Twichell b. East Seventh Street from Dumas Avenue to Maddox c. West Eighth Street from Dumas Avenue to Twichell d. West Fourteenth Street from Dumas Avenue to City Limits (West) e. East Fourteenth Street from Dumas Avenue to Maddox f. East Nineteenth Street from Dumas Avenue to Maddox .I. I 3. It is unlawful for a parent to allow or permit a child to operate or ride a motor- assisted scooter on any path, trail, street, and alley or public way within the City. 4. It is presumed that a parent allowed or permitted a child to operate a motor~ assisted scooter in a prohibited area 5. It is unlawful for a person to operate a motor-assisted scooter at nighttime within the City. 6. It is unlawful for a person to operate a motor-assisted scooter with a passenger on the scooter. Helmet Required. 1. It is unlawful for a person to operate a motor-assisted scooter unless that person is wearing a helmet. 2. It is presumed that a parent allowed or permitted a person to operate a motor- assisted scooter without a helmet. Safety Course Required. A person will not be allowed to operate a motor-assisted scooter within the City until he or she has successfully completed a motor-assisted scooter safety course, which at a minimum will include classroom instruction on basic traffic law and riding safety and a driving examination. Exemption. The regulations and limitations placed on the motor~assisted scooter in this ordinance do not apply to those operators of certain mobility devices as outlined in the Texas Transportation Code 542.009 "Operators of Certain Mobility Devices" which are mobility devices for persons with physical disabilities. Section IT Penalties. - That any person found guilty under the terms of this Ordinance shall be fined an amount not less than One Hundred Dollars ($100.00) Dollars and not to exceed Five Hundred Dollars ($500.00); provided that each occurrence constitutes a separate offense under the terms of this Ordinance. , ,..-- Section ill Severability. If any section or subsection, clause, sentence, or paragraph of this Ordinance shall be found to be illegal, invalid, or void by any Court of competent jurisdiction, then such findings shall not affect the remaining portions of this Ordinance, but the same shall be valid and in effect, it being the expressed intention of the City Commission of the CITY OF DUMAS, TEXAS, to pass each and every sentence, clause, paragraph, section, or exhibit individually. Section IV Repeal of all Ordinances in Conflict. That all ordinances or parts of Ordinances in conflict with this Ordinance are herewith repealed to the extent of the conflict only. Section V Publication and Effective Date. This Ordinance shall become effective ten (10) days after its publication date, in caption form only, after its passage by the City Commission of the CITY OF DUMAS, TEXAS, after its reading at any two (2) regularly scheduled City Commission meetings of the CITY OF DUMAS, TEXAS, such passage to be within ninety (90) days of the first reading hereof. First Reading: Second Reading: Lit.. ",- PASSED BY THE CITY COMMISSION OF THE CITY OF DUMAS, TEXAS, This day of , 2004. ROWDY RHOADES, Mayor ATTEST: Kim Rehkopf City Secretary Tom Moore City Attorney Publication Date: Effective Date: I J '!!7 ORDINANCE NO. 507-2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, AMENDING ITS CODE OF ORDINANCES BY ADOPTING A NEW SECTION 10-11 PLACING RESTRICTIONS ON THE USE AND OPERATION OF MOTOR ASSISTED SCOOTERS; LIMITING OR PROHIBITING THE OPERATION OF MOTOR ASSISTED SCOOTERS ON CERTAIN STREETS, IDGHWAYS, PATHS AND ALLEYS; PROVIDING FOR A PENALTY FOR ADULTS, PARENTS AND CHILDREN FOR THE USE OF A MOTOR ASSISTED SCOOTER IN A RESTRICTED OR PROHIBITED AREA; REQUIRING THAT CHILDREN WEAR A PROTECTIVE HELMET WIllLE OPERATING OR RIDING A MOTOR ASSISTED SCOOTER; PROVIDING FOR A PENALTY FOR PARENTS AND ClULDREN FOR FAILURE OF CHILD TO WEAR A HELMET; PROVIDING REPEALING, SEVERABILITY AND SAVINGS CLAUSES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Dickinson ("City Council") has determined that restriction of the use and operation of motor assisted scooters on the streets, highways, alleys, paths and trails within the City of Dickinson ("Dickinson" or "City") is necessary in the interest of safety; and WHEREAS, City Council has detennined that requiring children to wear helmets while operating or riding a motor assisted scooter is necessary in the interest of safety; and WHEREAS, the City Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Dickinson to prevent potential traffic hazards and safety hazards resulting from unauthorized use of streets, highways, alleys and certain pathways and resulting from children failing to wear helmets. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS THAT: Section 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Section 2: The Code of Ordinances, City of Dickinson, Texas, is hereby amended by adding a section, to be numbered 10-11, which section reads as follows: "Section 10-11. Motor Assisted Scooters. (a) Definitions. ,- ~- Adult means any individual eighteen (18) years of age or older. Child means any individual under eighteen (18) years of age who does not have a operator's license issued by the Texas Department of Public Safety. Helmet means properly fitted protective headgear that is not structurally damaged and that conforms to the standards of the American National Standards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation or any federal agency having regulatory jurisdiction over bicycle helmets, as applicable, at the time of the manufacture of the helmet. Motor assisted scooter shall have the same meaning assigned by Texas Transportation Code Section 551.301(2), as it exists or may be amended, and includes a self-propelled device with at least two wheels in contact with the ground during operation; a braking system capable of stopping the device under typical operating conditions; a gas or electric motor forty (40) cubic centimeters or less; a deck designed to allow a person to stand or sit while operating the device; and the ability to be propelled by human power alone. Parent means the natural or adoptive parent or court-appointed guardian or conservator of a child. Public wav or Public property means real property owned, leased or controlled by a political subdivision of the State of Texas, a governmental entity or agency, or similar entity, or any property that is publicly owned or maintained or dedicated to public use, including, but not limited to, a path, trail, sidewalk, alley, street or highway, and a public park facility. Wearinl! a helmet means that the person has a helmet fastened securely to hislher head with the straps of the helmet securely tightened in the manner intended by the manufacturer to provide maximum protection. (b) Restrictions and Prohibitions on Locations orUse. (1) It is unlawful for any child to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the City, except on paths and trails set aside for the exclusive operation of bicycles or on a sidewalk. (2) It is unlawful for a parent to allow or permit a child to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the City, except on paths and trails set aside for the exclusive operation of bicycles or on a sidewalk. (3) It is presumed that a parent allowed a child to operate or ride a motor assisted scooter in a restricted or prohibited area. 2 4q (c) Helmet Required. (1) It is unlawful for any child to operate or ride a motor assisted scooter unless the child is wearing a helmet (2) It is unlawful for a parent to allow or permit a child to operate or ride a motor assisted scooter unless the child is wearing a helmet. (3) It is presumed that a parent allowed a child to operate or ride a motor assisted scooter without wearing a helmet. (4) It is a defense to prosecution that the motor assisted scooter was not being operated upon public property or a public way at the time of the alleged offense. (5) It is an affirmative defense to prosecution that the defendant acquired a helmet for the child who was operating or riding the motor assisted scooter in violation of Section 10-11 ( c); and the defendant acquired the helmet on or before the tenth day after receiving the citation of the violation; and the defendant had not previously received another citation for the violation. - Section 3: Savings and Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. Section 4: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined an amount not less than fifty and not more than five hundred dollars. Each unlawful act or continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Dickinson from filing suit to enjoin the violation. Dickinson retains all legal rights and remedies available to it pursuant to local, state and federaIlaw. Section 5. In the event any section, paragraph, subdivision, clause, phrase, provision, 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 invalid or unconstitutional; and the City Council of the City of Dickinson, 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. 3 IC/. /) Section 6. This Ordinance shall become effective upon final reading and adoption of this Ordinance when the caption hereof is caused to be published once in the official newspaper of the City, by the City Secretary, as required by law. PASSED AND APPROVED on the first reading this 9TH day of DECEMBE~ 2003. PASSED, APPROVED and ADOPTED on the second reading this 13th day of January, 2004. PASSED, APPROVED, AND ADOPTED on the third and final Reading this day of , 2004. (suspended) Veta Winick, Mayor ATTEST: Cheryl Hanks, Acting City Secretary .- 4 I!" Section 6. lIDs Ordinance shall become effective upon final reading and adoption of this Ordinance when the caption hereof is caused to be published once in the official newspaper of the City, by the City Secretary, as required by law. PASSED AND APPROVED on the first reading this 9TH day of DECEMBER. 2003. PASSED, APPROVED and ADOPTED on the second reading this 13th day of January, 2004. PASSED, APPROVED, AND ADOPTED on the third and final Reading this _ day of .2004. (suspended) Veta Winick, Mayor - ATTEST: Cheryl Hanks, Acting City Secretary ~,,- 4 ~~ ORDINANCE NO. 2239-11-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF ALLEN, BY AMENDING CHAPTER 9 TO ADD SECTION 9-17 TO PROHIBIT THE OPERATION OF NEIGHBORHOOD ELECTRIC VEmCLES AND MOTOR ASSISTED SCOOTERS ON CERTAIN STREETS, mGHWAYS, PATHS AND ALLEYS; BY AMENDING CHAPTER 11, SECTION 18 TO AMEND SUBSECTION 4 AND ADD SUBSECTION 35 TO REGULATE THE USE OF MOTORIZED VEIDCLES AND MOTOR ASSISTED SCOOTERS ON PARK PROPERTY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABn..ITY CLAUSE; PROVIDING A SA VlNGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that the prohibition of neighborhood electric vehicles and motor assisted scooters on the streets, highways and alleys within the City of Allen is necessary in the interest of safety; and, WHEREAS, the City Council has determined that the prohibition of motor assisted scooters on paths and trails within City except on paths and trails that are exclusively set aside for the operation of bicycles is necessary in the interest of safety. .,"-" NOW, THEREFORE, BE IT ORDAlNED BY THE CITY COUNCn.. OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Code of Ordinances of the City of Allen, Texas, is hereby amended by amending Chapter 9 by adding Section 9-17 to prohibit neighborhood electric vehicles and motor assisted scooters on certain streets, highways, paths and alleys within the City to read verbatim as follows: "Sec. 9-17 Neighborhood electric vehicles and motor assi.sted scooters.. (a) For purposes of this section the terms "neighborhood electric vehicle" and "motor assisted scooter" shall have the same meaning assigned by Transportation Code Section 551.301, as amended. (b) A person may not operate a neighborhood electric vehicle or motor assisted scooter on any alley, street or highway within the City. (c) A person may not operate a motor assisted scooter on any path or trail within the City except on paths and trails set aside for the exclusive operation of bicycles." SECTION 2. The Code of Ordinances of the City of Allen, Texas, is amended by amending Chapter 11 by amending Section 11-18(4) and adding Section 11-18(35) to prohibit the operation of motor assisted scooters in City parks except on sidewalks, or on paths set aside for the exclusive operation of bicycles to read verbatim as follows: "Sec. 11-18. Prohibited acts. ~":2.. It shall be unlawful for any person to commit anyone (1) or more of the following acts in a park: (4) To ride, drive or park any motorcycle, automobile or other motorized vehicle (other than a motor assisted scooter) upon, over or across any park, curb, sidewalk, grass, lawn, hike or jogging trail or park land except in designated areas or unless aufuorized by the director. This provision is not applicable to City motor vehicles or emergency vehicles. (35) To operate a motor assisted scooter, as defmed by Transportation Code, Section 551.301, as amended, any where within the limits of any park except on sidewalks, and on paths set aside for the exclusive operation of bicycles." SECTION 3. All provisions of the ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Allen not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. Any person, frrm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the City of Allen, as heretofore amended, and upon conviction shall be punished by a fme not to exceed the sum of five hundred dollars ($500) for each offense; and each day such violation shall continue shall constitute a separate offense. SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. This Ordinance shall take effect from and after its passage, and publication of the caption in accordance with the provisions of the charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, TIDS THE 25TH DAY OF NOVEMBER, 2003. APPROVED: Is/ Stephen Terren, MAYOR APPROVED AS TO FORM: ATTEST: Is! Peter G. Smith, CITY ATTORNEY Is! Shelley B. George, TRMC, City Secretary Ordinance No. 2239-11-03, Page 2 ~u ARTICLE VI_ SKATEBOARDS, SCOOTERS AND ROLLERBLADES Page 1 of J 'Vc?;7! /-?':;'<t:'i:::.- ~OOTERS ,tllCLE VI. SKATEBOARDS, SCOOTERS AND ROLLERBLADES I I I I I I I I i i I I ! I ! I I I I I J I I I I i I , ! i i I I J I ~J scooter Sec. 62-171. Banned use or~operation of any skateboard, scooter, rollerblades or any like equipment. ' No person shall use or operate any skateboard, scooter, rollerblades or any like equipment, within 100 feet of the city's facilities listed b,elow: (1) Deer Park Public library-3009 Center Street (2) Battle Grou"nd at Deer Park Golf Course and Club House-1600 Georgia Avenue (3) Deer Park City Hall-710 E. San Augustine Street (4) Deer Park Community Center-610 E. San Augustine street (5) Kingsdale Recreation Center-2218 Kingsdale Street (6) E.M. Maxwell Adult Center-1201 Center Street (7) Claude Burgess Recreation Center-4200 Kalwick Street (8) Municipal Courts and Theater Building-1302 Center Street (9) Avon Recreation Center-601 W. 8 th street (10) Golf Course Driving Range-1061 Georgia Avenue ::>rd. No. 2924, ~ I, 10-21-2003) Sec. 62-172. Penalty. Any person who violates this article shall be guilty of a class C misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $1.00, nor more than $500.00. (Ord. No. 2924, ~ II, 10-21-2003) http://libraryS.municode.com/gateway.dIVtxltexas/5892/5989/599S?f=templates$fn=document-frame.htm...ll/9/2()()/. r-C .' .~ ORDINANCE NO. 2004 - --1.i..- An Ordinance amending the Code of Ordinances of the City of Pasadena, Texas at Chapter 8, Bicycles, by changing the title of Chapter 8 to "Bicycles and Motor Assisted Scooters" and by adding new Sections 8-8 and 8-9 to regu~ate the use of motor assisted scooters on any street, highway or alley in the corporate limi ts of the City of Pasadena; providing a repealing clause; providing a savings clause; providing for severabil.i ty; and providing a penal ty . WHEREAS, the unregulated operation of motor assisted scooters, as defined in this ordinance, may constitute a danger to the operators when driven upon city streets: and WHEREAS, the unregulated operation of motor assisted scooters on city streets may also constitute a traffic safety hazard to other drivers and pedestrians; and WHEREAS, the City Council has determined that regulation of motor assisted scooters is necessary for the health, safety and welfare of the citizens of Pasadena: and WHEREAS, the City Council has determined that. the regulation is necessary in the interest of safety of the citizens of Pasadena; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASADENA: SECTION 1. That Chapter 8, Bicycles, of the Code of Ordinances of the City of Pasadena, Texas is hereby amended by changing the title of Chapter 8 to UBi cycles and Motor Assisted Scooters". SECTION 2. That Chapter 8, Bicycles and Motor Assisted Scooters, of the Code of Ordinances of the City of Pasadena, Texas is hereby amended by adding a new Section 8-8 to hereafter read as follows: ~Cc~eO~.S~'Oot~rs04 ':;k. See. 8-8. Motor assisted scooters. (a) A ~tor assisted scooter" means a self-propelled device with: L at least two wheels in contact with the ground during operation; 2 . a braking system capable of stopping the device under typical operating conditions; 3. a gas or electric motor not exceeding 40 cubic centimeters; 4. a deck designed to allow a person to stand or sit while operating the device; and 5. the ability to be propelled by human power alone. (b) A "helmet" means properly fitted protective headgear that is not structurally damaged and that conforms to the standards of the American National Standards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation or any federal agency having regulatory jurisdiction over bicycle helmets, a5 applicable, at the time of the manufacture of the helmet. (c) Requirement for Operation. 1. A motor assisted scooter may be operated only on a street, highway or alley for which the posted speed limit is 30 miles per hour or less. The vehicle may cross a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour only if the operator walks the vehicle across the street while observing all applicable pedestrian laws. 2. A person shall not operate a motor assisted scooter on a street or highway during the hours the street or highway is a designated school zone. 3. A motor assisted scooter may only be operated on a street, highway or alley from sunrise till sunset, as defined by State law. 4. A person operating or riding on a motor assisted scooter on a street, highway or alley must wear a protective helmet at all times. 5. A person operating a motor assisted scooter on a street, highway or alley must do 50 following all state provisions applicable to the operation of a bicycle and as otherwise required by law. ,- AmndCodeoe.ScQoters04 ~-, 6. It is unlawful for anyone to operate or ride a motor assisted scooter on any path, trail, alley, street or highway within the City except for those streets, highways, or alleys exempted in Section 8 (c) 1, or on paths and trails set aside for the exclusive operation of bicycles or on a sidewalk. 7. It is unlawful for more than one (1) person to be riding on a motor assisted scooter at a time. (d) Adult Supervision. 1. A motor assisted scooter may not be operated on a street, highway or alley by a person younger than ten years of age. 2. A person shall not recklessly allow a child in their care, who is under the age of ten years old, to operate a motor assisted scooter on a street, highway or alley. SECTION 3. That Chapter 8, Bicycles and Motor Assisted Scooters, of the Code of Ordinances of the City of Pasadena, Texas is hereby amended by adding a new Section 8-9 to hereafter read as follows: Sac. 8-9. Penal.ty. Any violation of this section is a class C misdemeanor punishable by a fine no less than fifty ($50.00) dollars and no more than five hundred ($500.00) dollars. SECTION 4. That all ordinances in force when this Ordinance becomes effective which are inconsistent with, or in conflict with this Ordinance are hereby expressly repealed insofar as said ordinances are inconsistent with or are in conflict with this Ordinance. SECTION 5. That all rights and remedies which have accrued in favor of the City under this Chapter and amendments thereto shall be and are preserved for the benefit of the City. SECTION 6. That the City Council of the City of Pasadena, Texas does hereby declare that if any Section, subsection, paragraph, AmDdCode08.Scooters04 ~Q .' sentence, clause, phrase, word or portion of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the City Council would have passed and ordained any and all remaining portions of this Ordinance without the inclusion of that portion or portions which may be so found to be unconstitutional or invalid, and declares that its intent is to make no portion of this Ordinance dependent upon the validity of any other portion thereof, and that all said remaining portions shall continue in full force and effect. SECTION 7. That the City Council officially determines that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further confirms such written notice and the contents and posting thereof. (SIGNATURE AND APPROVAL - NEXT PAGE) AlmdCode08.Scooters04 ....... - PASSED ON FIRST READING by the City Council of the City of APPROVED this UfnJ the & 1).. day of Pasadena, Texas in regular meeting in the City Hall this the -de. t, -- day of , A.D., 2004. 4~ , A.D., 2004. ~ OF THE CITY OF PASADENA, TEXAS TEXAS K C ATTORNEY CITY OF PASADENA, TEXAS PASSED ON SECOND AND FINAL READING by the City Council of the City of Pasadena, Texas in this the L3J: day of APPROVED this the /_S.!- day of SUMMERS ~? CITY SECRETARY CITY OF PASADENA, TEXAS AmndCode08.ScootersD4 in the City Hall , A. D., 2004. , A. D., 2004 . ~ OF THE CITY OF PASADENA, TEXAS TEXAS , _,r-... '. - AGENDA REQUEST o RESOLUTION ""E .f .;-- NO: 2003- 79 ~OBDINANCE CAPTION: An Ordinance amending the Code of Ordinances of the City of Pasadena, Texas at Chapter 8, Bicycles, by changing the ti tie of Chapter 8 to "Bicycles and Motor Assisted. Scooters" and by adding new Sections 8-8 and 8-9 to regu1ate the use of motor assisted scooters on any street, highway or alley in the corporate limits of the City of Pasadena; providing a repealing clause; providing a savings clause; providing for severability; and providing a penal ty. REcaesNDAfiONS & JUS'.r:tFlCA'fiON: Said ordinance should help manage the overall. driving safety within thQ CCIIIIIIIUIti.ty by regulating the operation of motor- assisted scooters. .- CD' IIIX)XficxaL SPM:'8 UI dgU1ac6;I). R.U8B AftN:If ~ DB) COST: $0.00 ACCOtJ!R NO: REQtJESTmG DEPAR.!l'MEm!: Police Department TASK NO: BUDGB'mD: YES 0 NO 0 APPROVED : M.R. Massey DAD: 3/29/2004 REQUES7ZNG PARTY (TIP.BD) COUNCIL ACTION FIRS'r READING: FINAL READING: ) ~~<- T:tON Jki///" .5tn l<<>i'ION &f CON'lROLLER CERlfIFJ:CATI UJMe. SECOND ,J5)~ SECOND /~ J{.-t-~ DATE '-17 ~. ;;;L Lj-;J -I) i! DATE /?~ lft- ahttl---- eln A'.l"J.'ORNEY DEFERRED: / t ) Scooter Ordinance I City Survey August 2004 City Status Designated Time of Day Age Restrictions Speed Helmet Passeng4 Prohibited" / Restricted" Areas" Restrictions Streets I Highways Restrictions Requirements Prohibita . Allen Prohibited I Restricted ALL - - - - - Beaumont Restricted - After Dark 13 & over 30 mph 16 and under YES Coppell Prohibited I Restricted ALL - - - 16 and under - Corsicana Restricted under 12 - 12 & over 35 mph 16 and under - Dickinson Restricted under 18 - 18 & over - under 18 - Dumas Restricted - After Dark 8 & over 30 mph 8-15 - Frisco Restricted under 18 - 18 & over 35 mph under 18 - After Dark I Gainseville Restricted under 15 School Zones 15 & over 30 mph ALL - Haltom City Restricted under 18 - 18 & over 35 mph under 18 - Lake Jackson Restricted under 12 After Dark - - under 18 - McKinney Prohibited I Restricted ALL - - - under 17 - MesQuite Prohibited I Restricted ALL - - - - - PIano Restricted under 10 - - - - Port Arthur Restricted - After Dark - 30 mph ALL - Richardson Restricted under 12 - 12 & over 30 mph ALL - Richland Hills Prohibited I Restricted ALL - 18 & over 35 mph under 18 YES Rockwall Restricted under 18 - 18 & over - under 18 - Rowlett Restricted - - - 30 mph under 17 - Trophy Club Prohibited I Restricted ALL After Dark - - under 18 - Wylie Restricted under 18 - 18 & over 35 mph under 18 - *P ro h ib ite d: A /I S tre e ts I H ig h way s, A lie y s, Path s,T fa ils *Restricted: Designated locations, ages, hours, speed, etc. *Designated Areas: Paths and trails set aside for exclusive operations of bicycles, or on sidewalks. - i:) p ,,- Penalties (Class C Misdemeanors) Coppell X Corsicana X X Dickinson X X Dumas X X Frisco X X Gainseville X Haltom City X X Lake Jackson X McKinney X X Mesquite X Port Arthur X Rockwall X X Wylie X NL T $50 NMT $100 NMT $200 NMT $500 'Highland Villag~ \"I_.-t\,~\, . I,,' 'X:," ......'nC . .:,',..........'....,.'..'..--..',., . .'.:.,.... ....'.., : I NL T: No Less Than NMT: No More Than '-~ - ..J-.. Dept Population Ordinance r: .den ? Y Beaumont 114,000 Y 3 Coopell 38,000 Y 4 Corsicana 24,485 Y 5 Dumas ? Y 6 Frisco 69,759 Y 7 Lake Jackson 28,363 Y 8 McKinney 86,000 Y 9 Piano 241,168 Y 10 Port Arthur 60,364 Y 11 Richardson 95,995 Y 12 Richland Hills ? Y 13 Rockwall ? Y 14 Rowlett 50,000 Y 15 TrophY Club . 7,411 Y 16 Wylie ? Y 17 Anoleton 19,000 N 18 Boerne ? N 19 Booata ? N 20 Brenham ? N 21 Cockrell Hill ? N 22 Copoeras Cove ? N 23 EI Campo 11,000 N 24 Gatesville ? N \ Georoetown ? N (;0 Glenn Heights ? N 27 Granbury ? N 28 Haltom City ? N 29 Hewitt 12,000 N 30 Hillsboro ? N 31 Horizon City ? N 32 IrVing ? N 33 Laao Vista 5,500 N 34 Lakeview ? N 35 Laredo ? N 36 Live Oak ? N 37 Marion ? N 38 Murphy ? N 39 Mustang Ridge ? N 40 Odessa 91,000 N 41 Palestine ? N 42 Plainview ? N 43 Pleasonton 8500 N 44 Port Lavaca 12,000 N 45 Red Oak 8,000 N 46 Santa Fe ? N 47 Seagraves ? N 48 Silsbee 6,500 N 49 Slaton ? N 50 South Houston PO ? N 51 Springtown ? N 52 Sunset Valley 425 N 53 Universal City ? N 54 Victoria ? N 55 Dickinson 17,093 Y Scooter Ordinance Research I - - . ll!I Monahans 57 Vernon - 6,000 11,500 N N Jr"" D REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: December 13. 2004 Source of Funds: NA Requested By: Wayne J. Sabo Account Number: NA Department: Planninl! Amount Budgeted: NA Report: -X-Resolution: _Ordinance: Exhibits: P&Z Staff Report 11-18-04 SECTION 106-333 TABLE B SECTION 106-443 TABLE B SECTION 106-552 TABLE B SUMMARY City Council directed the Planning and Zoning Commission to consider proposed amendments to the Zoning Ordinance (Chapter 106), Section 106-333; Table B., Residential Area Requirements, Section 106-443; Table B., Commercial Area Requirements and Section 106-522; Table B., Industrial Area Requirements to amend, change or modify the maximum allowable height for structures within those zones. As previously explained, the exact reason for establishing the maximum height for buildings within the City at 45 feet is not known. Discussion of fire protection and the general blocking of view were offered as possible reasons. The current discussion was precipitated by the application of a proposed Hotel, constrained by narrowness of available land for development, to build a fourth story and thereby exceeding the maximum allowable height of 45 feet by a total of 6 feet. Given the economic challenges to development posed by in-fill lots and the reduced dimensions of available land, commercial developers are beginning to seek relief from the height requirement to make their project more economically feasible. Adding additional stories to buildings compensates for the reduction of footprints at the base of the building to allow room for required parking, landscaping and maneuver isles. Viewing economic development as a priority, City Council requested a review of the issue. As was briefed at previous meetings, the LPFD has no issue with fighting fires in taller buildings. While current equipment can reach 100 feet, a good rule of thumb is 7 stories (70 feet) due to having to position the truck to fight the fire. This limitation, however, does not prevent the building from additional stories in excess of 70 feet. LPFD has stated that subject to the structures being built to building and fire codes (e.g. requiring a sprinkler system); they see no limiting factor to height of the building from their perspective. - Fire and building codes set parameters for requiring sprinkler systems and family/residential structures are habitually not sprinklered. Staff recommended residential use requirements as currently presented in the Zoning Ordinance regarding maximum allowable heights remain intact and Commercial/Industrial maximum height requirements be removed. Upon conclusion of the workshop held October 21, 2004, the Commission reached a consensus that the 45' maximum height rule remains intact. The stated reasons are as follows: . There have not been many requests for variances or special exceptions to the rule and P&Z felt the action to remove the rule was premature. . Several members felt that the 45' rule remained a valuable tool to monitor growth and development within the City and was in the best interests of the citizens to review applications on a case-by-case basis regarding the maximum height of development. At the November 18, 2004, meeting, the Planning and Zoning Commission, by a unanimous vote, forwarded their official position for action by City Council that the maximum height rule of 45' remains in Chapter 106 (Zoning). Action ReQuired bv Council: 1. Direct Staff to develop a change to Chapter 106 (Zoning) to eliminate the 45' maximum height requirement and set a date for a Public Hearing (per Section 106-171 (8), requires a vote of three-fourths of the City Council). 2. Direct Staff to allow the 45' maximum height requirement to remain in Chapter 106 (Zoning). Approved for City Council Ae:enda L- 12- --CJ --0 t/ Date Staff Report November 18,2004 Maximum Height in Zoning Districts Zoning Ordinance Amendment City Council has directed the Planning and Zoning Commission to consider proposed amendments to the Zoning Ordinance (Chapter 106), Section 106-333; Table B., Residential Area Requirements, Section 106-443; Table B., Commercial Area Requirements and Section 106-522; Table B., Industrial Area Requirements to amend, change or modify the maximum allowable height for structures within those zones. Staff analyzed the situation thoroughly and presents this item to the Planning and Zoning Commission for their discussion and eventual recommendations to City Council for the following changes to the Code of Ordinances relating to maximum allowable heights for structures. Existine; Requirements: Zoning - Under the Sections listed above, the maximum allowable height for structures are: Residential . Single Family detached--- . Single Family large Lot--- . Single Family Special Lot- . Duplexes--------------------- . Single Family Converted-- . T ownhomes/Quads--------- . Multifamily------------------ . Manufactured Housing---- CommerciaVIndustrial . General Commercial------- . Business Industrial--------- . Light Industrial-------------- . Heavy Industrial------------- 35 feet 45 feet 35 feet 45 feet 35 feet 45 feet 45 feet 25 feet 45 feet 45 feet 45 feet 45 feet NOTE: Shipping Containers are governed by a separate ordinance which establishes the maximum stacking to be four (4) containers regardless of height. 0- Planning & Zoning Commission November 18, 2004 Maximum Height Zoning Ordinance Amendment Page 2 of4 Back2round . As previously explained, the exact reason for establishing the maximum height for buildings within the City at 45 feet is not known. Discussion of fire protection and the general blocking of view were offered as possible reasons. . The current discussion was precipitated by the application of a proposed Hotel, constrained by narrowness of available land for development, to build a fourth story and thereby exceeding the maximum allowable height of 45 feet by a total of 6 feet. . Given the economic challenges to development posed by in-fill lots and the reduced dimensions of available land, commercial developers are beginning to seek relief from the height requirement to make their project more economically feasible. Adding additional stories to buildings compensates for the reduction of footprints at the base of the building to allow room for required parking, landscaping and maneuver isles. Viewing economic development as a priority, City Council is requesting a review of the issue. . As was briefed at previous Planning and Zoning Commission and Zoning Board of Adjustment meetings, the LPFD has no issue with fighting fires in taller buildings. While current equipment can reach 100 feet, a good rule of thumb is 7 stories (70 feet) due to having to position the truck to fight the fire. This limitation, however, does not prevent the building from additional stories in excess of 70 feet. LPFD has stated that subject to the structures being built to building and fire codes (e.g. requiring a sprinkler system); they see no limiting factor to height of the building from their perspective. The fire Code, with amendments, states: 603.15.9 Additional Required Automatic Sprinkler Systems In addition to any other fire and/or building code requirements the following occupancies shall be totally equipped with a sprinkler system. 1. ASSEMBLY OCCUPANCIES (A) All Class A assembly occupancies. (B) When a Class B assembly occupancy is located in a building above the level of exit discharge, the entire building shall be equipped with a sprinkler system. Planning & Zoning Commission November 18, 2004 Maximum Height Zoning Ordinance Amendment Page 3 of 4 (C) When a Class C assembly occupancy is located in a building two (2) stories or more above the level of exit discharge, the entire building shall be .equipped with a sprinkler system. 2. BUSINESS OCCUPANCIES A business occupancy 3 stories or more in height shall be totally equipped with a sprinkler system. 3. RESIDENTIAL OCCUPANCIES (A) Hotels, motels, dormitories or lodging or rooming houses 3 stories or more in height, with exterior means of egress, the entire building shall be totally equipped with a sprinkler system. (B) Hotels, motels, dormitories or lodging or rooming houses 2 stories or more in height, with interior means of egress, the entire building shall be totally equipped with a sprinkler system. (C) Apartment buildings, townhouses and condominiums 3 stories or more in height, with interior means of egress, the entire building shall be totally equipped with a sprinkler system. (D)Apartment buildings, townhouses and condominiums 2 stories or more in height, with interior means of egress, the entire building shall be totally equipped with a sprinkler system. (ORD. No. 98-2221, ~ 2-9-98) · Similarly, Table 503 of the International Building Code (lBC) addresses height requirements. Table 503 utilizes intended use & construction type of buildings to determine allowable height and areas for a building. · Later sections (Sec. 504) does allow for some increase in building storieslheight when automatic sprinkler system requirements are met; and Sec. 506 provides for some area modifications based on certain setbacks & sprinkler systems. · The building code is, in fact, more restrictive than the Fire Codes. Even with sprinkler systems, most building height & area limitations are not unlimited and are governed by the IBC. .- · Future major developments would require flow testing on the water distribution system in vicinity of the proposed project to determine fire suppression capabilities in relation to the proposed height of the project. Recommended Requirements: Planning & Zoning Commission November 18,2004 Maximum Height Zoning Ordinance Amendment Page 4 of 4 . Since family/residential structures are habitually not sprinklered, Staff, at this point, recommends residential use requirements as currently presented in the Zoning Ordinance regarding maximum allowable heights remain intact. . Commercial/Industrial maximum height requirements are removed. Conclusions: The footprint of remaining land in the commercial and industrial zones of the City, due to shape and size, is becoming more restrictive to development. Economic development is one of the highest Council priorities. The factors promoting economic development, however, must be balanced with factors of 'safe' development. Given that the LPFD has no issues with maximum heights of building (with building and fire codes remaining current and updates approved); and since the Fire Code and the IBC are both restrictive on the heights of buildings in light of other considerations on a case- by-case basis, the City Staff feels that it is in the best interests of the City of La Porte to eliminate the stated height restrictions for commercial/industrial properties. In lieu of the current restriction of 45 feet, each project would be reviewed on its own merits and in relation to the existing Fire Code and IBC to determine supportability. In addition, the Planning Department would assume the flow testing duties to ensure fire suppression capabilities in relation to the height of the proposed structure. We believe that this measure represents an equitable balance between economics and safety. Recommendation: Upon the conclusion of the workshop held on October 21, 2004, the Commission reached a consensus that the 45' maximum height rule remains intact. The stated reasons are as follows: . There have not been many requests for variances or special exceptions to the rule and P&Z felt the action to remove the rule was premature. . Several members felt that the 45' rule remained a valuable tool to monitor growth and development within the City and was in the best interests of the citizens to review applications on a case-by-case basis regarding the maximum height of development. It is, therefore, recommended that the Planning and Zoning Commission forward their official position for action by City Council that the maximum height rule of 45' remain in Chapter 106 (Zoning). ) ) 1JJ s:: " " z o Sec. 106.3:~3. Table n, residential area requirements. tJ:) (a) Table B, residential area requirements. ('j tI t-' o Ol :.;.. -J A1aximum Alinimwn Lot Yard Minimum CU1!e/'age I Minimum Minimum Setbacks Site Afi,li,llum iliillimum Lot Lot L.F. F.R.S'. Area I Ullit DeveloplIlent Landscaping Uses Area / D. U. Width 2. 3. 4. S. Ii. w. J{aximum 8.F. Open Space / Required 8 S.F L.F Height 7 Unit S.F 9 11. 12. 13. U. 15 Single-hunily detached 6000 50 25-15-5 35 Ft. 9100 - 40r,UN/A 4.8 DU/A ~------ 1--------- -'- ~------ ---.-- --.-------- ._-------_. ------- Single-family large lot ;13560 100 25-15-5 45 Ft. 43560 - 3W:iINIA 1.0 DUlA Single-family special lot 4500 40 20-10-0 35 Ft. 7~~00 Footnote 60lk/IN/A line, 0 lot line 6.0 # 1 DU/A Duplexes 6000 60 25-20-20 45-n. 8.0 Footnote GO%/N/A DU/A # 1 Single-family converted 6000 50 20-10-5 35 _n. N/A N/A 50%fN/A to multiuuuily '1bwnhouses. 2000 20 25-20-20 45 Ft. 4400 Footnote 759(/25% quadrapJexes 00,000 s.l' 10.0 # 1 of site area 100 ft. wide) DUlA Multifiunily 20000 100 25-20-20 45 Ft. 1600 Footnote 60%/25';f. H # 1 DU/A Manufactl1l'ed housing 4500 40 20-10-5 25 FC 7300 Footnote 60%/6% B.O # 1 ---_._-------~--- -- ---- -.----..--- DU/A --, -------- ----- ------------ N o z ...., z o 00:> t-' o en W V-' V-' EXHIBIT "K" ARTICLE III. DISTRICTS DIVISION 3. COMMERCIAL DISTRICT REGULATIONS Sec. 106-443. Table B, commercial area requirements. (a) Table B. commercial area requirements. Uses Minimum Landscaping Required 5 Maximum Lot Coverage Minimum Yard Setbacks F.R.S. 1.3.4.6.7 Adjacent to Residential Minimum Yard Setback F.R.S. 2.6 Maximum Height (feet) 6% Density Intensity Regulations Specified in Table B, Residential area requirements, section 106-333 CR Comm. Recreation Dist.; all permitted or conditional NC Neighborhood Comm.; all permitted or conditional GC General Comm.; all permitted or conditional Outside sales or services 20-10-0 6% 50% 20-10-10 20-10-0 5-5-5 40% 6% 20-20-10 N/A N/A Same as principle use Outside storage N/A N/A 20-10-5 Same as Principal Use See article VII of this chapter Freestanding on-premises signs Freestanding on-premises signs located in controlled access highway corridors See article VII of this chapter (b) Footnotes to Table B. 45 45 N/A See section 106-444(b) 1. A minimum landscape setback of 20 feet will be required adjacent to all designated conservation areas. Buildings, parking areas, loading docks, outside storage, and refuse containers will not be allowed in such setback areas. These areas are to be landscaped with trees, shrubs, and groundcover, with a planting plan required to be submitted and approved by the enforcing officer. Required landscaping must be maintained by the property owner and/or occupant. 2. Screening is required in conformance with section 106-444(a). 3. All yards adjacent to public right-of-way must be a minimum often feet. 4. The minimum setback adjacent to any utility easement shall be three feet. ZONING S 106-522 and city council may require that efforts to reduce the potential noise impact be undertaken. These efforts may include screening, landscaping and site planning techniques. (Ord. No. 1501U, S A(art. B), 9-23-96; Ord. No. 1501-AA, S 6, 3-23-98; Ord. No. 150l-BB, S 5, 9-15-98; Ord. No. 150l-II, S 5, 3-27-00) Cross reference-Sexually oriented businesses, S 90-31 et seq. Sec. 106-522. Table B, industrial area requirements. (a) Table B, industrial area requirements. Minimum Yard '1Minimum Maximum Setbacks Landscaping Lot FR.S. Requirements Coverage 1,3.5 Uses (percent) (percent) (feet) BI business-industrial park; 6 50 50-40-30 all permitted or conditional LI light industrial district; 6 70 20-10-10 all permitted or conditional HI heavy industrial district; 6 30 50-50-30 all permitted or conditional Loading docks N/A N/A 130-130-130 Outside storage N/A N/A 20-10-5 Shipping containers ..on- and off-premises free- standing signs 6 N/A 50-50-30 See article VII of this chapter Adjacent to Residential Minimum Yard Setback FR.s. 2.5 Maximum Height (feet) (feet) 50-40-30 45 30-50-50 45 100-150-150 456 Same as principal use plus 130 ft. N/A Same as principal use Section 106- 444(b) 100-150-150 367.8 Freestanding on-premises signs located in controlled ac- cess highway corridors (b) Footnotes. 1. A minimum landscape setback of 20 feet will be required adjacent to all designated conservation areas. Buildings, parking areas, loading docks, outside storage, and refuse containers will not be allowed in such setback areas. These areas are to be landscaped with trees, shrubs, and ground cover, with a planting plan required to be submitted and approved by the enforcement officer. Required landscaping must be maintained by the property owner and/or occupant. 2. No buildings, parking areas, loading docks, outside storage, or refuse containers will be allowed in such setback areas. These areas are to be landscaped with trees, shrubs and ground cover, with a planting plan required to be submitted and approved by the enforcement officer. See article VII of this chapter Supp. No.4 CD106:69 E REQUEST FOR CITY COUNCIL AGENDA ITEM - Agenda Date Requested: December 13.2004 Requested By: Wayne Saho vf Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO Department: PlallRiRg Report: X Resolution: Ordinance: Exhibit 1: Map adoption process Exhibit 2: Old/New FIRM example Exhibit 3: Old/New FIRM example Exhibit 4: Old/New FIRM example SUMMARY & RECOMMENDATION The county wide devastation caused by Tropical Storm Allison in 2001 sparked a remapping of Harris County in an effort to arrive at the most up to date floodplain maps possible. The new preliminary floodplain maps have been released by FEMA and the multi-step process leading to their adoption as outlined in Exhibit 1 has begun. Little unexpected change occurred in La Porte. In some areas the floodplain actually grew smaller and in other areas land that was not in the previously mapped floodplain now is now listed as such. There were, as well, new, large areas of substantial change. It will be City Council's decision to adopt for use the preliminary maps as the best available data and regulatory maps before the effective date set by Federal Emergency Management Agency (FEMA) should Council so choose. To date only the City of Houston and Harris County have adopted the preliminary maps as the regulatory maps. Staff will notify potential development to use the more restrictive of the old and new maps for new projects in La Porte. The floodplain maps that La Porte has received represent a snapshot in time of the lay of the land as it existed in October 2001. Future drainage construction projects such as the future regional detention ponds in the Willow Springs and Little Cedar Bayou watersheds and any affect they may have on the base flood elevations were not incorporated into the new floodplain maps. Upon their completion, the agency responsible for their construction will seek a Letter of Map Revision (LOMR) through the FEMA if the capital improvement project has an affect on the base flood elevation for the watershed in which the project is being constructed. An overlay of the current effective maps versus the proposed maps can be viewed at www.tsarp.org/viewer.htm. A public hearing is not required. Action Required bv Council: Receive report on new preliminary Flood Insurance Rate Maps. Approved for City Council Ae:enda I"J- -~-()t/ Date EXHIBIT 1 Process to adopt new Flood Insurance Rate Maps (FIRMs): 1. Federal Emergency Management Agency (FEMA) meets with local municipality to officially present new FIRMs and explain the adoption process. This occurred on October 25, 2004. La Porte was the first community in Harris County FEMA met with. 2. Once FEMA has met with all of the communities in Harris County as well as Harris County itself, FEMA will publish in the local newspaper - the Bayshore Sun for us - two consecutive weekly notifications to the public that the new preliminary FIRMS have been released to the local administrating agencies. 3. Upon the day of the second publication, a 90 appeals period begins in which the public may challenge the maps. All appeals must be submitted within this 90 day window. 4. FEMA has 180 days to review and rule on all submitted appeals. The maps will be changed thereafter according to the appeals if the appeals are ruled to be warranted, sound, and administratively complete. 5. Once the maps are in final form, FEMA will set an effective date of the maps. 6. The local municipalities then have 180 days to adopt the new maps. FEMA encourages the adoption of the new maps within 150 days. EXHIBIT 2 -- THRUSH 0 WREN z :3 0 ><: a.. a: SPARROW a: ::J co ~ 0 t9 U a: z ~ till:) ;2 CARDINAL u ZONE X 0 0 o lL ~ BLUE BIRD --1 lL 0 <t: Z o ~ ~ >- HUMMING BIRD ~ 0 _I ~ 0 ~ - ~ 0 _ U U <l: ROBIN ;ri U 0 u -' ~ NORTH H STREET NORTH H STREET 0-- y CITY OF LA PORTE 21 485487 .EVARD a: w > o ..J U tu z w Z en o O:r: ~ ~!;i -1 a: n. <X) a.. ~ 'ltmy J.78 to Springs Bayou______ 112-02-00) ) ill o ..J o t!) t9 Z Z ~ a: <X) z o en Z 10 o rc P STREET ..J o o J: U en ELIZABETH ~ <l: NORTH L STREET GREEN MEA OW ~ g BROOKSIDE ;ri ::2; BROOKVIEW ZONE X RM953, ___Big Island Slough (B106-00-00) ~ o o ;ri ~ z SPRINGS '::J t9 ZONE X- C:PI=Nf:I=R 0 ARCHWAY PARKCREST GLENVIEW /; / / LA PORTE ) /~// MUNICIPAL AIRPOR T ,,/~~ ;/ ~ /;/ '. / CRESTWAY VALLEY MEADOW GLENVALLEY \.1 LIMIT OF ZONE A- i ~ETAILED STUDY 27 Z~X - 11'\.7 ~ . r; 020285 U~i'> ., , ZONE X j l ,7",< .. . ^~ > /", l """:;. ~ k,.i,.~. .,. "",D. ^, r .' ~ <"i" .- , }';';';";i' .'..' ZONE X 'I;", . ''''1'1,1:'.,\, :::;:,,:;;;;IU, '., ':'.,i>,' \ .s' ".... w l/~ .If ;(- ~ ~ V ZONE X t i 'J ~ a: ~.;:?~ j-r- ~ INDIAN ( 25. "..<"E ....~ z~ J ~ ~ ~ _~Xt '\, Z9~r ;i~ : VA::' TRAIL ~ ~~,<~~~~fl, 0 . J112-02-oo 'hUlary 1.78 to Springs Bayou) ----------. 23 - --- INEX ~~ ZONE X NE~~ ( ,.' ~, 'i\ ffE''r '0' 020275 . I _ __. .__..... I........ ualAV ZONE AE - ~ BI09-00-00 ( Spring pully ) t: o \1 H \g .- G ::0 o ,g ~I ~ W a: Ii: ~o a: a. lH,c( o -' LL LLO o ~ ~ - uU WI'!'lT I MAIN ST x ZONE~X ff) ~L I JJ !~L !f'~ J.J:ZONEX _ /I, 1\ '~ lQ ~ BAYOU 0 / '1) . LY_ I I) Ai ::E GlEN rr /V 25 "- 1<-411 ~I P"'= ~ "I'-- WlllOWVI~ ~ ZONE X ~ BROOKSIDE I~ ~ ~ A t-- ~ BROOKVIEW ' '. k~ r'"' ... "'X,.,'" "',i""",'.:! I~,][;\ ,'i;: ZdNE~T" '"., ......~;,~ ;'" XH'~t~ 'll \.... '" ~:~ , '", CJ ,', " STREET NORTH P~ a: z o Ul z in o a: 020195 i--ZONE AE ZONE X ZONE X , -J o o ,;~....." :nJ SUlliVAN ROAD w > ELIZABETH ~ ROAD >- ~ <( F 101-06-00 ':', .,.' , '." 1";'11 . NORTH l THRUSH SI WREN STREET SPARROW STREET w CARDINAl STREET w- 5 z BLUEBIRD LANE -J Z 0 ~ <( w a: a: -J Z in :5 <( <( HUMMINGBIRD -J Cl ~ ::!: ~ ~ 9 0 loI: ROBIN STREET 0 II ::E II ~ 0 9 ~ ::!: ::!: --,,--,-- ~' ,",' -\,~ ~ ~ ..'.1 + ~ ~ " " " '" lL lL " " ~ i5 .~ .' ,,! (J '-'" II .~, ~_\~ w .' ,'. :'<: " .:i':';l l.';'zb~t t' .' ItJ ) ,:,"> ' AARON -I- w x <( ::!: o -' CITY OF LA PORTE 485487 --8 '7nN~~~'" l...... '.)"e'}'} \V ZONE X 21 WilLOW CREEK () _ 1 GlENPARK DR { 19/t.-~ na: >o! I RIDGECREST 1{ ~ \ MAPLE ~0 ~ lli DRIVE A, . a: \. \ h ~ ;;: a: -c./' '"i', 0 CREEK DR ~<v ~ u" !,!! MYRTLE '>~ C:j 0,>-"";'<< '-" '.,'J/I ~ <l'&",~ ~~I IV1i,}:.J7- ~ v:., ('!. w Lfi& ~ ~ 'j:! I;; P<.. ~ <f O~ ~ ~~, 'Ii,/. ffi ,.l: -/., 'f- 1':.' It.,,. 'f( -J WilLOW ct ~ ~ ~.... . '.' i" J C) ~U < ROCK L T III rn SPRINGS DR I) i . .. CRESTWAY DR ~SUGAR III .'. .,.:'I':' LAPORTE ~ CREEK ~ 1J... . VAllEY VIEW DR MUNICIPAL STONE CREEKPRIVE.. 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'..J :'~~' · ~V} ~/;~ / qaoQ2Q I.i \V. :! :'.'; ...'f '~i"':;"" ""'~".: ; ,,' . ,.:";..;.... ,~' ';~ \~,.!ft, ?~~ 5 ~; \>j21;6-~iJ-OO;": :"".{~i ' rU:;f.t:,,:: '1i.... ,.'.~r.?..;J " rr;{~ .:"'1 I:,.:','..... ;".A. .:....::' . I.. , \'j!: :,'2',"" c':'_ .;- ~. "I;' 'f I VV MAIN :>1 - ZO~E X , I W A 5T W B ST c ST -I- / . ; -I' j '-li LiTT CEO BAYO , 'i :;1 "c i, '. '!~ ", ., ,.:: '''r:. .' ~ ' 11\,' ~ ,:,,' ...., -'; .JO. :-;'.:.' I ~~WI"~f . NEW ,:!:':.; . 'i::(,:';:::+\i' , ~II EXHIBIT 4 ~ ~ CQc ~9 aa >- .... E-.,a c.. c.. Cl)6 <0 .,,> Q z~ ~a OZ ~ ~o ~~ <- 0 >0 WI/.. ~~ ;0::0 cO 0'" 0< ....3: .....0 wZ ::t:5 m ....~ <:z ::;;0 c:( w 0 > u 3^OJ 8VOG3J 8 ZONE AE (El 13) ZONE VE (El Hi) ZONE VE (El17) GALVESTON BAY ZONE VE (EllS) ZONE VE (El17) ZONE AE (El13) COASTAL BASE FLOOD ELEVATIONS APPlY ONLY LANDWARD OF 0.0 FEET NAVD (2001 ADJUSTMENT) CHAMBERS COUNTY l NEW ZONE VE /IEl171 ,;..-..' f .- ,- City of La Porte Established 1892 December 2, 2004 Ms. Martha A. Gillett City Secretary City of La Porte City Hall La Porte, Texas Re: Agenda Request for Workshop Item on December 13, 2004 Dear Martha: The December 13, 2004, agenda for City Council will include an ordinance approving a contract for the construction of Fire station No.2. - Mayor Norman Malone was asked to visit with Lin Pfeiffer regarding the naming of Fire Station No.2 in honor of Lin's father, the late H.P. Pfeiffer, in recognition of his father's history as a volunteer fire fighter and his many contributions to the City of La Porte, including his service as Mayor of the City. Mayor Malone did meet with Lin, and Lin agreed. with the letting of the contract, the ground breaking for Fire Station No. 2 will be held soon. I have had Knox Askins draft the enclosed Ordinance for City Council consideration at a workshop at its December 13th meeting, naming City of La Porte Fire station No. 2 for the late H. P. Pfeiffer. This ordinance would waive the requirements of Ordinance No. 2000-2443, which requires that a person be deceased for five years before a City facility is named for them. Yours very truly, r--\, " ~ [ub~~,) ~-t:G~ Alton E. Porter Mayor City of La Porte AEP: sw Enclosure P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020 ORDINANCE NO. 2004- AN ORDINANCE NAMING THE NEW CITY OF LA PORTE FIRE STATION NO.2, FOR THE LATE H.P. PFEIFFER, FORMER MAYOR OF THE CITY OF LA PORTE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the late H.P. Pfeiffer served as Mayor of the City of La Porte from 1958 to 1970, and thereafter served on several boards and commissions of the City of La Porte; and WHEREAS, during the tenure of H.P. Pfeiffer as Mayor, and thereafter, H.P. Pfeiffer provided outstanding personal service to the City of La Porte, that has resulted in significant and enduring contributions to the community, including institution of the Industrial District Agreements; modernization of the City of La Porte Airport; amendment of the City of La Porte Horne Rule Charter to a City Manager form of government; and many other contributions; and WHEREAS, the late H.P. Pfeiffer was a longtime volunteer with the City of La Porte Fire Department; and WHEREAS, City of La Porte Fire station No. 2 is being relocated to a site on Spencer Highway, adjacent to the Baker 6th grade school campus; and WHEREAS, the City Council of the City of La Porte deems it fitting to waive the provisions of City of La Porte Ordinance No. 2000-2443, requiring that a person must have been deceased for a minimum of five years before a City facility is named for that person: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. In recognition of the many outstanding contributions by the late H.P. Pfeiffer to the City of La Porte community, the City Council of the City of La Porte hereby names the new Fire Station No.2, the "H.P. Pfeiffer Fire Station No.2" of the City of La Porte. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 13th day of December, 2004. CITY OF LA PORTE By: Alton E. Porter Mayor ATTEST: Martha A. Gillett City Secretary APP~1I c:L Knox W. Askins City Attorney 2 CITY OF LA PORTE g,.~ INTEROFFICE MEMORANDUM December 5,2000 FROM: John Joerns, Assistant City M ~ TO: Executive Staff SUBJECT: Policy and Procedure Manual: Naming of City Facilities & Parkland The attached policy has been approved and should be included under "N" in your yellow citywide Policy and Procedures manual. JJ/cns - CITY OF LA PORTE POLICIESIPROCEDURES MANUAL J:\.~te: I D !J..f!dltJO() Revised Approved~~ T. \:-\-~ Subject: NAMING OF CITY FACILITIES & PARKLAND Responsible Agency: CITY COUNCIL - ADMINISTRATION DEPARTMENT Policy Objective: TO PROVIDE CITY OFFICIALS WITH CONSISTENT GUIDELINES FOR NAMING CITY FACILITIES AND PARKLAND IN HONOR OF INDIVIDUALS Authority: City Council with assistance from the City Manager's Office. Policy: ATTACHED: 1) Policy and Application (4 pages) 2) Ordinance No. 2000-2443 3) Minutes of October 23, 2000, City Council Meeting (Item #8) General Overview: To be eligible for naming a facility or parkland in honor of an individual, the individual must have: A) donated land or a major portion of funding to construct or renovate a facility and/or, B) significantly contributed to the historical development of the community and/or, C) been deceased for a minimum of five (5) years and must have served in an elected or appointed position of the City of La Porte. Comments: This policy also provides for donation of a tree with memorial plaque for a City park or facility. The City Secretary's Office will process applications. A committee of the three (3) At-Large Council positions will review applications and present to the full City Council for consideration and approval. ,- POLICY FOR NAMING CITY OF LA PORTE FACILITIES PURPOSE To establish guidelines and procedures for the naming of municipal facilities or donation of a memorial tree with plaque. PROCEDURES A To initiate the naming process, an application should be requested from and returned to the City Secretary's Office. A set of Procedures and Guidelines will accompany each application for completion. B. A standing Committee, appointed by Council and composed of Councilmembers from the three (3) At-Large Positions (Mayor, Position "A," and Position "B"), will consider all applications and provide recommendations. C. The Council Committee will present their recommendation to the full City Council to consider the naming of the City facility or parkland. D. Generally, municipal facilities will be named immediately prior to or during development of the facilities. GUIDELINES 1. In honor of individuals who donate land for park space or donate a truYor part of the funds required to construct or renovate a facility. A minimum offtfty percent (SO%) or more of the total funds is necessary to constitute a major portion. 2. Outstanding and/or predominant historical features of significance. Historical features will include the names of early residents or citizens and/or events of significance to the area's development. 3. In honor of deceased local community leaders. Deceased local community leaders must have served in an elected or appointed position of the City of La Porte. These leaders must have provided outstanding personal service that has resulted in a significant and enduring contribution to the community and have been deceased for a minimum oftive (5) years. 4. In honor of deceased national or state leaders. Deceased national or state leaders must have directly impacted the citizens of La Porte and have been deceased for a minimum of five (5) years. 5. In relation to outstandiD8 and/or predominant geographical characteri~1:ics or physical features of the land. such as streams, rivers, plant species, etc. Geographical and physical features will include those naturally occurring. (i.e., vegetation materials, streams, rivers, creeks, lakes or forested areas), and those man-made, (i.e., subdivisions, streets, office/industrial complexes or other commercial areas). 1 6. In relation to a street or streets adiacent to the facility or parkland. 7. In relation to a subdivision that houses the facility or is adjacent to the parkland. 8. Municipal recreation centers that are a part of or lie within the boundmjes of a park shall bear the name of that park unless the park name cannot be inco(pOrated in the facility name. 9. Municipal facilities may be given the same name as a schOOl site. where the sites abut one another. 10. Renaming of a public street. Renaming of a public street shall require the concurrence from a minimum of seventy-five percent (75%) of the property owners abutting the proposed street. Persons and/or groups submitting street names for consideration shall be required to provide a notarized list of concurring property owners and to defray the cost (at least 60%) of installing signs and other expenses (i.e. maps, plats, 911, etc.) Streets in newly platted subdivisions or streets that have not been developed are exempt from this policy. 11. RenamiJ;lg of a municipal facility. Renaming of municipal facilities may be considered if exceptional circumstances exist, but should not be a common practice. In such circumstances, care must be taken to avoid renaming because the purpose of the prior naming had become obscured over time (and thus eliminate appropriate recognition or honor). 12. Donation of a tree for City park or facility. If more appropriate for the circumstances, a request may be presented to plant a tree in memory of the significant contributor. A small plaque (no larger than 12 inches by 12 inches) will be placed at the foot of the tree with name, date(s), and honored contribution to the community. The plaque must be installed to grade. This memorial shall follow the same recommended guidelines as for naming a facility . DEFINITIONS Facilities: A municipal facility or municipal facilities shall be any real properties that are owned by the City of La Porte such as, but not limited to public buildings, parks, streets, or any other City-owned structures or property. Financial Benefactor Criteria: Individuals (deceased), organizations, or entities nominated under this category shall make, or have made, a significant financial contribution toward a facility. Significant financial contributions will be measured also by the impact a single contribution makes toward the successful conclusion of or continuing operation of the facility to be named. Depending on the impact, the naming could be for the entire facility or some portion (i.e., a room). Historical/Symbolic Criteria: Facilities may be named for individuals, families, organizations or entities who, for historical or symbolic reasons, have contributed to the community. Nominated individuals shall have been deceased for a minimum of five (5) years. When considering individuals or families under this category, criteria will include their character, service to the community, leadership and inspiration to others. 2 .- Civic Contribution Criteria: Individuals selected within this category shall have been deceased for a mInImum of five (5) years and shall have been selected based on many years of service to the community and in consideration of their positive impact on the development and well being of the entire community. These nominations should be made objectively, without consideration to illness, misfortune, or incidents creating emotional responses. Organizations should be nominated according to the same criteria. 3 APPLICATION FOR NAMING A CITY 01' LA PORTE FACILITY Please provide the information requested and return this application to the City Secretary's Office. Applicant Information Name: Address: Phone: Facility Information Location: Current Name: Function or Facility: Proposed Nante: Contributions In the spaces provided below, briefly explain how the proposed individual, family, organization, or entity has contributed to La Porte. You may use any combination of categories, as is appropriate to the nomination, to describe the contributions made. For further assistance, please refer to the Procedures and Guidelines for the Naming of Public Facilities. Financial Contribution Historical/Symbolic Contribution Civic Contribution 4 ORDINANCE NO. 2000- d>4L/3 AN ORDINANCE APPROVING AND ADOPTING A POLICY FOR THE BAKING OF CJ:TY OF LA PORTB FACILITIBS; F:INDING COHPL:IANCB WJ:TH THB OPEN HEBT:INGS LAW; PROVXDDfG AN BFFECTIVB DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The city Council of the city of La Porte hereby authorizes and adopts a policy for the naming of city of La Porte facilities, in form attached to this Ordinance as Exhibit "Aft, incorporated by reference herein, and made a part hereof for all purposes. section 2. The City council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City council was posted at a place convenient to the public at the City Hall of the ci ty for the time required by law preceding this meeting, as .....-... required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 23rd day of October, 2000. CITY, OF LA PORTE rj,// /' ~~ / 0.-/ / " .. ~ ~_~Z4 - /.. .. //Jl/,1 lU;j~~./i;5::~'i?-"- Norman L. Malene, Mayor By: ATTEST: 'f1/i ~~ [( .. ( !Jj.u.fJ/ Mar~. Gilr~tt, City Secretary a APPR9VE~: .. I~/~ (I " C2,r ,../ ~~ i :// / r/ I ~'// l' /) L U'c...u. f/ v (~..X...~;t4'1"./,.~", .,.,,_ _ __... _.... 6 MINUTES OF THE REGULAR MEETING AND SPECIAL CALLED WORKSHOP MEETING OF LA PORTE CITY COUNCIL OCTOBER 23, 2000 1. CALL TO ORDER The meeting was called to order by Mayor Norman Malone at 6:00 p.m. Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken, Howard Ebow, Alton Porter, Deotis Gay, Charlie Young, and Norman Malone. Members of Council Absent: Jerry Clarke and Peter Griffiths. Members of City Executive Staff and City Emplovees Present: City Manager Robert T. Herrera, Assistant City Attorney John Armstrong, Assistant City Manager John Joerns, City Secretary Martha Gillett, Director of Administrative Services Louis Rigby, Parks and Recreation Director Stephen Barr, Public Works Director Steve Gillett, Administrative Assistant Carol Buttler, Assistant Parks and Recreation DirectorMike Davis, Emergency Services Director Joe Sease, Planning Director Doug Kneupper, Utility Billing Manager Kathy Hutton and Planning Coordinator Masood Malik. Others Present: Bill Scott, Pat Muston, Spero Pomonis, Mary Gay, David Haws, Joyce Sease, Kathleen and Jim France, Charlie Perry, James Warren, Sue Gale Kooken, Susan Hill, James Gibson, Betty Gibson, Blanche Hare, Paul Larson, Mary H. Gay, Arthur Roscoe, Ruby Roscoe, Mary Wood, Essie Candler, Lenworth Henry, Jamie McKenzie, Essie Lee Wade, Norene Swanagan, Bobby Schlenk, Betty Moore, Doris Swanagan, Henrietta Allen, Norman Cook and a number of citizens. 2. Dr. Bobby Worsham - Second Baptist Church delivered the invocation. 3. Council considered approving the minutes of the Regular Meeting and Public Hearing on October 9, 2000 and the Special Called Workshop Meeting on October 16,2000. Motion was made by Councilperson Porter to approve the minutes presented. Second by Councilperson Engelken. The motion carried. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Malone. Nays: None Abstain: Howard Ebow abstained from the vote for the October 16, 2000 meeting. 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAXPAYERS WISHING TO ADDRESS COUNCIL. Citizens wishing to speak requested to speak under the workshop portion of the meeting. 5. PRESENT A TIONS/PROCLAMA TIONS - Mayor Malone presented Joyce Sease with a proclamation for Red Ribbon Week. City Council Minutes - 10-23-00 - Page 2 6. Council considered approving an ordinance authorizing the execution by the City of La Porte of Industrial District Agreements as outlined below for the term commencing January 1,2001 and ending December 31, 2007 -J. Joems 2000-IDA-33 2000-IDA-34 2000-IDA-35 2000-IDA-36 2000-IDA-37 2000-IDA-38 2000-IDA-39 2000-IDA-40 2000-IDA-41 BATTLEGROUND WATER DISTRIBUTION COMPANY GOODYEAR TIRE AND RUBBER COMPANY LYONDELL CHENUCAL COMPANY NOL TEX L.L.C. SOL V A Y POLYMERS, INC. SOL V A Y INTEROX, INC. HUNTSMAN POLYMERS CORPORATION BP AMOCO CHEMICAL COMPANY TEXAS ELECTRIC EQUIPMENT COMPANY Assistant City Manager John Joerns presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCES LISTED BELOW - AN ORDINANCES AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH (see ordinance numbers and names below) FOR THE TERM COMMENCING JANUARY 1,2001, AND ENDING DECEMBER 31, 2007;MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR AN EFFECTIVE DATE. 2000-IDA-33 2000-IDA-34 2000-IDA-35 2000-IDA-36 2000-IDA-37 2000-IDA-38 2000-IDA-39 2000-IDA-40 2000-IDA-41 BATILEGROUND WATER DISTRIBUTION COMPANY GOODYEAR TIRE AND RUBBER COMPANY LYONDELLCHENUCALCOMPANY NOL TEX L.L.C. SOL VA Y POLYMERS, INC. SOL VA Y INTEROX, INC. HUNTSMAN POLYMERS CORPORATION BPAMOCO CHENUCAL COMPANY TEXAS ELECTRIC EQUIPMENT COMPANY Motion was made bv Council~erson Ebow to approve the ordinances listed above as presented by Mr. Joerns. Second by Councilperson Engelken. The motion carried. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Malone. Nays: None Abstain: None 7. Council considered approving an ordinance between the City of La Porte and the Port of Houston Authority, for the provision of Emergency Medical Services by the City of La Porte; repealing Ordinance 2000-2376. Director of Emergency Services Joe Sease presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2000-2442 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA City Council Minutes - 10-23-00 - Page 3 PORTE AND THE PORT OF HOUSTON AUTHORITY, FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES BY THE CITY OF LA PORTE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; REPEALING ORDINANCE 2000-2376; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Councilperson Gay to approye Ordinance 2000-2442 as presented by Mr. Sease. Second by Councilperson Ebow. The motion carried. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Malone. Nays: None Abstain: None (0 Council considered approving ordinances adopting a policy for the naming of City of La Porte facilities. Administrative Assistant Carol Buttler presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2000-2443 - AN ORDINANCE APPROVING AND ADOPTING A POLICY FOR THE NAMING OF CITY OF LA PORTE FACILITIES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Engelken to approve Ordinances 2000-2443 presented by Ms. Buttler. Second by Councilperson Young. The motion carried. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Malone. Nays: None Abstain: None. 9. Council considered approving an ordinance authorizing a contract between the City of La Porte and the La Porte Main Street Association, regarding the purchase and display of decorative banners on Main Street. Administrative Assistant Carol Buttler presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2000-2444 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE MAIN STREET ASSOCIATION, REGARDING THE PURCHASE AND DISPLAY OF DECORATIVE BANNERS ON MAIN STREET, APPROPRIATING $6,000.00, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Councilperson Gay to approve Ordinance 2000-2444 as presented by Ms. Buttler. Second by Councilperson Young. The motion carried. City Council Minutes - 10-23-00 - Page 4 Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Malone. Nays: None Abstain: None 10. Council considered approving an ordinance amending Chapter 50, "Parks and Recreation", Article VII, "Civic and Recreation Centers" of the Code of Ordinances of the City of La Porte and Appendix A thereto. (Item previously tabled at 9-11-00 Meeting) Director of Parks and Recreation Stephen Barr presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 1703-A - AN ORDINANCE AMENDING CHAPTER 50, "PARKS AND RECREATION", ARTICLE VII, "CIVIC AND RECREATION CENTERS" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE AND APPENDIX A THERETO; ESTABLISHING A RENTAL FEE POLICY AND FEE SCHEDULE FOR CIVIC AND RECREATION CENTERS; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. Motion was made bv Councilperson Engelken to approve Ordinance 1703-A as presented bv Mr. Barr. Second by Councilperson Ebow. The motion carried. ,- Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Malone. Nays: None Abstain: None 11. Council considered approving an ordinance authorizing a concession agreement between the City of La Porte and Linda Darnell Witt to operate and manage the Sylvan Beach Park Pier; authorizing the City Manager to execute said agreement. Director of Parks and Recreation Stephen Barr presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2000-2445 - AN ORDINANCE APPROVING AND AUTHORIZING A CONCESSION AGREEMENT BETWEEN THE CITY OF LA PORTE AND LINDA DARNELL WITT TO OPERATE AND MANAGE THE SYL VAN BEACH PARK PIER; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISION:S RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. Motion was made bv Councilperson Ebow to approve Ordinance 2000-2445 as presented bv Mr. Barr. Second by Councilperson Porter. The motion carried. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Malone. Nays: None Abstain: None City Council Minutes - 10-23-00 - Page 5 12. Council considered approving an ordinance authorizing the removal of the I % interest charge on utility bill arrearage. Utility Billing Manager Kathy Hutton presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2000-2446 - AN ORDINANCE AMENDING CHAPTER 74, "UTILITIES", DIVISION 2, WATER SERVICE RATES AND CHARGES, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Councilperson Sutherland to approve Ordinance 2000-2446 as presented by Ms. Hutton. Second by Councilperson Porter. The motion carried. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Malone. Nays: None Abstain: None 13. Consent Agenda A. Consider awarding annual contract for cleaning, televising and root removal for sanitary sewers - S. Gillett B. Consider awarding bid for replacement of heavy trucks - S. Gillett Council person Young made a motion to vote on all Consent Agenda items together and a"prove items presented. Second by Councilperson Engelken. The motion carried. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Malone. Nays: None Abstain: None 14. The special called workshop meeting was called to order by Mayor Malone at 6:42 PM. The following items were discussed during the workshop session: A. Presentation of the Northside Community Neighborhood Plan Ms. Susan Hill of Haws, Hill and Patterson presented an overview ofthe Northside Community Neighborhood Plan and plan development process. The following citizens addressed City Council: Pat Muston - Southeast Texas Housing (SETH) - Ms. Muston informed the council and citizens that she is on the board of SETH and they stand ready to assist in any way possible. In addition, she informed Council of the various programs offered by SETH. City Council Minutes - 10-23-00 - Page 6 Paul Larsen - 406 North 4th Street - Spoke in favor of the Northside Community Neighborhood Plan and provided Council with a handout. James Warren - P.O. Box 1917 - Spoke in favor of the Northside Community Neighborhood Plan and encouraged Council to support it. Bobby Schlenk - 620 S. 4th - Requested Council move forward with the plan and not hold up progress. Charlie Perry - 127 N. 4th - Informed Council he would like the plan adopted but brought up concerns regarding priorities outlined in the plan. In addition, he noted this plan has brought the north side community and the Main Street Association closer and he wants to see this continued. A brief break was taken at 7:55 P.M. and the meeting reconvened at 8:10 P.M. B. Discuss Sylvan Beach rental rates Parks and Recreation Director Stephen Barr provided council with an overview of the rate structure and reasons for the rate increases. 15. Workshop adjourned and the regular meeting re-convened at 8:27 PM. 16. Council considered approving an ordinance amending Chapter 50, 'Parks and Recreation", Article vi, "Sylvan Beach", of the Code of Ordinances of the City of La Porte, and Appendix A thereto. Director of Parks and Recreation presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 1783-A - AN ORDINANCE AMENDING CHAPTER 50, 'PARKS AND RECREATION", ARTICLE VI, "SYL VAN BEACH", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, AND APPENDIX A THERETO; ESTABLISHING A RENTAL FEE POLICY AND FEE SHCEDULE FOR SYL VAN BEACH PAVILION; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. Motion was made by Councilperson Engelken to approve Ordinance 1 783-A as presented by Mr. Barr. Second by Councilperson Ebow. The motion carried. Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Malone. Nays: None Abstain: None 17. ADMINISTRATIVE REPORTS City Manager Robert T. Herrera reminded Council of the following events: City Council Minutes - 10-23-00 - Page 7 A. Fall Carnival at Sylvan Beach - October 30, 2000. Parks and Recreation Director Stephen Barr provided the Council with highlights of the events. B. Volunteer Appreciation Banquet at Sylvan Beach - November 9, 2000. C. Texas Municipal League Conference - November 15-18, 2000 18. COUNCIL ACTION Councilpersons Sutherland, Engelken, Ebow, Porter, Gay, Young, and Malone brought items to Council's attention. 19. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY, DE LIBERA TION REGARDING REAL PROPERTY, DELmERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) 20. CONSIDERATION AND POSSmLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION Due to no Executive Session there was no action taken. 21. ADJOURNMENT There being no further business to come before Council, the Regular Meeting was duly adjourned at 8:35PM. Respectfully submitted, . --.l)'}'1)J/?CV Ai let { Martha Gillett City Secretary Passed and approved on this 13th day of November 2000. ~~~ G REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 12/1312004 Appropriation Requested By: Cynthia Alexander Source of Funds: Budget Reserve Department: FiAllAc:e Account Number: Report: Resolution: Ordinance: Amount Budgeted: Workshop Handout (101212004) Amount Requested: Exhibits: Exhibits: Current Proposal Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION At the Council Workshop on October 2,2004, Council requested more information regarding a reduction of the sick leave liability. Council expressed concern at that time about reducing employee benefits, and so the Finance department worked together with Human Resources regarding benefit options. Staff will provide more information, make a proposal, and respond to questions. It may be necessary for staff to pursue other options requested by Council. Discuss amending Employee Policies Handbook, Section IV, Leaves and Absence, Number 8. Discuss allocating $368,000 from the Budget Reserve funds set aside for future projects. This proposal would eliminate the cash value sick leave liability from all non civil service employees over the next 6 years. Beginning in 2005 - 2010, employees eligible for cash value sick leave would be required to cash-in 2 weeks per year. Employees would have the option of selling the cash value for partial cash out; or placing the full cash value in a Health Savings Account, Health Reimbursement Arrangement, ICMA or ICMA Healthcare Retirement Account. All non civil service employees currently with cash value sick leave, or those that become eligible for cash value sick leave, from January 2005 - December 31,2010, would be required to sell back 2 weeks per year. If implemented, this program would end on December 31, 2010. Action Required bv Council: Review and provide further direction to staff regarding the sick buyout program. Approved for City Council A2enda Date .&l / e /0 '7 ( Sick Leave Buy - Out Program (Civil Service Employees are not eligible due to Texas State Law) HISTORY Regular full-time employees, with 10 or more years of service, are currently allowed to accrue up to 480 hours of sick leave, or 768 hours for 24-hour personnel, that could be paid out on separation or retirement, according to the Employee Policies Handbook, Section IV, Leaves and Absence, Number 8. CONCERN The amount of money owed to employees at separation/retirement for this plan has continued to grow to the City's current liability of over $2 million dollars. This liability affects the City's bond rating and other loan ratings as we are forced to disclose this liability as it continues to grow. PROPOSAL This proposal would require payout of accrued unused cash value sick leave for non-civil service employees over the next 6 years, 2005 - 2010, thus eliminating the major burden of this liability by December 31, 2010. This proposal would also limit the accrual of total sick leave up to maximum of 6 months, excluding civil service employees. Those employees not in civil service positions that have a sick leave accrual of over 6 months will be grandfathered, thus allowing these employees to retain their full non-cash valued balance. A long-term disability benefit will be added to pick up potential income loss for employees after being off work for a non work related injury, disability, or illness for 6 months. Civil Service Employees will be excluded from this change in policy. Employees under Civil Service will continue to accrue a cash value per Section 143.045 of the Texas Local Government Code. Employees under Civil Service will have the long-term disability benefit along with all other full-time employees. IMPORTANT DATES Effective, January 01. 2005, all eligible employees with unused cash value sick leave would be required to sell back 2 weeks per year. Employees that become eligible to participate with cash value sick leave during the program dates of 1/1/2005 - 12/31/2010, would be able to sell back 2 weeks per year in which they become eligible to participate. There would be no additional accruals for cash value sick leave beyond 12/3112010. BUY BACK PROGRAM All employees with cash value sick leave accruals would be required to sell back this time by December 31, 2010. Effective January 01, 2011, there would be no cash value for any accrued sick leave. Employees with cash value sick leave benefits would sell the accrued hours back by participating in one or more of the options noted below. Eighty (80) hours, (128 hours for 24 hour personnel) must be sold back each year, beginning January 1, 2005, through December 31,2010. 1. Option 1 - The City will buy back 1 week at 100% current hourly rate and a second week at 50% of current hourly rate for cash value. 2. Option 2 - The City will buy back 2 weeks at 100% value: 1 week must go into a tax deferred Healthcare Savings Account, Healthcare Reimbursement Arrangement, lCMA Account, or lCMA Retiree Health Account. (Both weeks may be placed in one of the pre-tax savings account at 100%) 3. Employees retiring or terminating during this time period may sell back all cash value sick leave at time of retirement/departure from the City for 100% value at current hourly rate. BENEFIT TO EMPLOYEES . Employees are able to have sick leave dollars paid pre-tax. · Employees may take the cash value and invest with a higher interest gain than the annual average merit increase. DEFINITIONS Healthcare Reimbursement Arrangement (HRA) - Employers are able to make deductible contributions to an account that can reimburse medical eligible expenses without taxation to the employee. There is no cash out of any kind. These type of plans may cover dependents or not. There is a limit to percentage of carryover from one year to the next. They do not have to link with a High Deductible Health Plan Health Savings Account (HSA) - a tax exempt trust or custodial account established exclusively for the purpose of paying qualified medical expenses of the account beneficiary who, for the months for which contributions are made to an HAS, is covered under a HDHP with a minimum ofa $1,000 deductible. A HSA is portable. It is an account in the employee's name. The HSA may be cashed out with a penalty. There are maximum annual contributions. Sick Leave Reduction in Accrual Plan (This proposal does not include a reduction in sick leave accrual for Civil Service Employees) HISTORY The City has allowed employees to bank an unlimited amount of sick time over the years. CONCERN The City's current policy would allow an employees to go out on sick leave for up to an endless accrual. (The maximum accrual on the books today is for 2,264 hours). Current policy does not include a maximum accrual. This creates liability for the City in salary continuation and benefits for the ill employee, along with additional salary liability for temporary worker(s) to perform essential functions of the position vacated by ill/injured employee. PROPOSAL Provide a City paid Long Term Disability benefit for all full-time employees. The benefit would begin at 24/26 weeks. Employees would use their accrued sick time up to the first 6 months of illness/or injury, non-work related. After 6 months employment would be terminated, but the employee keeps the disability benefit until they reach their Social Security defined retirement age. FMLA would run concurrently with all FMLA qualifying absences after the first 10 days. After the exhaustion of FMLA Leave, employees would have an additional 3 months of job protection. Employees with existing sick leave accruals over 26 weeks would maintain their bank, but would still be limited to using 6 months maximum at one time before employment ended. All other employees would only accrue sick leave to the maximum accrual balance of 26 weeks. Employees would have the option to purchase short-term disability that would integrate with sick leave up to 26 weeks. Employees with significant accrual with sick leave may not need to purchase short-term disability. ...,,-,. City of La Porte '"' City Coul1cil Retreat October 2, 2004 Sick Time Buy-Back Program . Discuss current liability: - FYE 2003 = $ 2,947,586 - Projected FYE 2004 = $ 3,075,793 . Benefit to the City . Benefit to Employees . Participation . Options - 1 City = $ Saved Employees = $ in Pocket Win/Win Projected Actual Actual Actual Actual Actual 9/30/04 9/30/03 9/30/02 9/30/01 9/30/00 9/30/99 $ 3,075,793 $ 2,947,856 $ 2,743,237 $ 2,677,489 $ 2,451,403 $ 2,495,112 Average Growth per Year = 4.34% 2 . Sick Leave Liability as of May 2004 - $1,742,430 - $1,472,530 in General Fund - Budgeted $149,063 . Accrued Vacation as of May 2004 - $774,825 - $634,095 in General Fund . Total Liability as of May 2004 - $2,517,255 Growth (assuming 3%) 2005 2006 2007 2008 2009 $ 3,168,067 $ 3,263,109 $ 3,361,002 $ 3,461,832 $ 3,565,687 Assuming No changes (additions or deletions) 3 Payout (actual) Adjusted Payout (assuming 5 yr participation) Option 1 (7 weeks) Option 2 (2 weeks) Option 3 (2 weeks) Maximum Saving to City . Savings now & future years . Current dollars vs. future dollars . Reduce Liability (All funds) . Current Budget - $178,878 . YTD - $237,917 . FY 2003 actual- $123,833 . FY 2002 actual- $182,576 $ 19,996 $ 19,467 $ 16,986 $ 15,036 $ 4,960 4 . 51 eligible to retire now (20+ years of service) . 17 Civil Service - Payout 720 hours - Approximately $353,005 . 34 Non-Civil Service - Payout 480 hours - Approximately $383,860 . Total Worst Case Scenario = $736,865 . Increased take home pay (1 week salary = 2% raise) . Offset rising health insurance costs . Improved Morale . Future years: Deposit into flexible Healthcare Spending Account 5 . Employees vested (10+ years service) . Alternative participation - Non-vested can buy back vacation . Option 1 - Buy one week at 100% . Option 2 - Buy one week at 100% and a second week at 75% . Option 3 - Buy one week at 100% and a second week at 50% 6 . 1 week of sick or vacation at 1000/0 . Estimated cost $145,647 . Effect on General Fund - $120,294 --- . 1 week of sick or vacation at 100% 2nd week at 75% . Estimated cost 1 st week - $145,647 . Estimated cost 2nd week - $109,235 . Total estimated cost - $254,882 . Effect on General Fund - $210,514 7 . 1 week of sick or vacation at 100% 2nd week at 50% . Estimated cost 1 st week - $145,647 . Estimated cost 2nd week - $72,823 . Totalestimatedcost~ . Effect on General Fund - $180,441 Questions? 8