Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2006-08-28 Regular Meeting and Public Hearing Meeting of La Porte City Council
I C:.� MINUTES OF REGULAR MEETING AND PUBLIC HEARING OF THE LA PORTE CITY COUNCIL August 28, 2006 1. CALL TO ORDER The meeting was called to order by Mayor Alton Porter at 6: 02 p.m. Members of City Council Present: Mayor Alton Porter, Council members Tommy Moser, Mike Mosteit, Barry Beasley, Chuck Engelken, Howard Ebow, Mike Clausen and Louis Rigby. Peter Griffiths arrived at 8:35 p.m. Members of Council Absent: None. _Members of City Executive Staff and Cily Employees Present: City Manager Debra Feazelle, Assistant City Secretary Sharon Harris, Assistant City Manager John Joerns, Assistant City Attorney Clark Askins, Public Works Director Steve Gillett, Fire Chief Mike Boaze, EMS Chief Ray Nolen, City Secretary Martha Gillett, Assistant to City Manager Crystal Scott, Assistant Fire Chief John Dunham, Assistant Police Chief Aaron, Assistant Finance Director Michael Dolby, Purchasing Manager Susan Kelley, Assistant EMS Chief Lisa Camp, Golf Course Manager Alex Osmond, Human Resource Manager Robert Swanagan, Paramedic II Jake Evans, Detective David Huckabee, Fire Marshal Cliff Meekins, Parks & Recreation Director Stephen Barr, Public Impovement Coordinator Reagan McPhail, Direcor of Planning Wayne Sabo, Assistant Fire Chief Champ Dunham, Patrol Sergeant Matthew Daeumer, Budget/Investment Officer Shelley Wolny, Building Official Debbie Wilmore, Emergency Management Jeff Suggs, Inspector I Mike Kirkwood, CID Sergeant Tammy McBeath, Criminal Investigations Specialist Janet Peck, CID Lieutenant Stephen Deardorff, Downtown Revitalization Coordinator Debra Dye. Others Present: Sue Gail Kooken, Paul Hickenbottom, Barbara Norwine, Elaine Bonner, John Handy of Houston Chronicle, Spero Pomonis, Dave Tumquist, Tracy Koenig, Jake Evans, Jennifer Smith, Charmaine Henderson, Kenneth Briggs, Brian Reyes, Andrew Thurman, Gerald Hemby, Brian Adams, Christopher Pinkney, Annette Redic and Colleen Hicks and other citizens. 2. Reverend Michael Davis of First Assembly of God of La Porte delivered invocation. 3. Mayor Porter led the Pledge of Allegiance. 4. PRESENTATIONS / PROCLAMATIONS A. Mayor Porter recognized Retiree Edward Jarvis La Porte Volunteer Fire Department joined by Mike Boaze and Champ Dunham. B. Mayor Porter joined by Chief of Police Richard Reff, and Tammy McBeath recognized and presented an award to Detective David Huckabee for the prestigious 2006 Children's Adovacy Centers of Texas. C. Mayor Porter and EMS Chief Ray Nolen presented a proclamation to Jake Evans for his dedication to Shattered Dreams program at La Porte Independent School District. D. Mayor Porter read the Prostate Cancer Awareness Month proclamation. 5. Consent Agenda A. Consider approving Minutes of the Budget Workshop Meetings of City Council held on August 14-16, 2006. B. Council to consider approval or other action regarding an ordinance to vacate, abandon, and close portions of the South IP Street West "E" Street and West "F" Street Rights -of -Way. City Council Regular Meeting and Public Hearing —August 28, 2006 Page 2 C. Council to consider approval or other action regarding awarding a bid for Water and Sewer Supplies in the amount of $60,629.55. D. Council to consider approval or other action regarding awarding a bid Chemical and Fertilizer in the amount of $54,796.53. E. Council to consider approval or other action approving an ordinance authorizing the City Manager to execute a contract with the Port of Houston Authority for the City of La Porte EMS Division. F. Council to consider approval or other action approving of a resolution on establishing a Buffalo Bayou National Heritage Area and designate a representative from City Council or designee to serve on the heritage area's management entity. G. Council to consider approval or other action regarding an ordinance approving and authorizing a law enforcement services agreement between the City of La Porte and the La Porte Independent School District. Motion was made by Council member Ebow to approve the consent agenda with changes to the minutes as presented. Second by Council member Engelken. Motion carried. Ayes: Mosteit, Moser, Engelken, Beasley, Griffiths, Ebow, Rigby, Clausen and Mayor Porter. Nays: None Abstain: None 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA. There were no citizens wishing to speak. Items 7 thru 11 were pulled and will be brought back at the September 11, 2006 meeting. 7. Public Hearing — Council to consider adopting an ordinance approving current Fiscal Year 2006-2007 proposed budget. 8. Council to consider approval or other action regarding Ordinance 2918 adopting the fiscal year 2006-2007 budget. 9. Council to consider approval or other action regarding an ordinance amending Chapter 74 Utilities "Appendix A Fees," of the Code of Ordinance regarding water and sewer rates. 10. Council to consider approval or other action regarding a resolution adopting the 2006-2007 appraisal roll of Harris County Appraisal District. 11. Council to consider approval or other action regarding an ordinance establishing the tax rate for Fiscal Year 2006- 07 at 71 cents per hundred dollar valuation. City Council Regular Meeting and Public Hearing —August 28, 2006 Page 3 12. Discuss recommendation of La Porte Planning and Zoning Commission to approve Special Conditional Use Permit #SCU 06-064 for a 20.22 acre tract out of ±207 acres of land located along old Underwood Road South of State Highway 225 and Union Pacific Railroad.. Open Public Hearing - Mayor Porter opened the Public Hearing at 6: 31 p.m. Review by Staff —Director of Planning Wayne Sabo provided an overview. Public Input — None Recommendation of Planning and Zoning Commission— Unanimously, the Planning and Zoning Commission recommended City Council consider approval of Special Conditional Use Permit #SCU 06-004 for a 20.22 acre tract out of ±207 acres of land located along old Underwood Road South of State Highway 225 and Union Pacific Railroad.. The Public Hearing was closed at 6: 33 p.m. 13. Council to consider approval or other action regarding Ordinance 1501 D5/ #SCU 06-004 Assistant City Attorney Clark Askins read: ORDINANCE 1501D5-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 GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU06-004 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS TO -WIT: 20.22 ACRE TRACT OUT OF ±207 ACRES OF LAND (ALONG OLD UNDERWOOD ROAD SOUTH OF STATE HIGHWAY 225 AND UPRR) IN THE ENOCH BRINSON SURVEY, ABSTRACT -5, LA PORTE, HARRIS COUNTY, TEXAS FOR THE PURPOSE OF DEVELOPING A DISTRIBUTION CENTER IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE; 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 Council member Beasley to approve Ordinance 1501 D5 #SCU 06-004 as presented by Mr, Sabo. Second by Council member Clausen. The motion carried. Ayes: Mosteit, Moser, Engelken, Beasley, Ebow, Rigby, Clausen and Mayor Porter. Nays: None Abstain: None 14. Discuss recommendation of La Porte Planning and Zoning Commission to approve Special Conditional Use Permit #SCU 06-003 for a development of an office/warehouse building B5 (427,500 FT) on reserve `B" within the Port Crossing, a proposed business/industrial park, to be located along South 16t' Street (Powell Road). Open Public Hearing - Mayor Porter opened the Public Hearing at 6:34 p.m. Review by Staff —Director of Planning Wayne Sabo provided an overview. Public Input — None Recommendation of Planning and Zoning Commission— Unanimously, the Planning and Zoning Commission recommended City Council consider approval of Special Conditional Use Permit #SCU 06-003 for a development of an office/warehouse building B5 (427,500 FT) on reserve `B" within the Port Crossing, A proposed business/industrial park, to be located along South 16`" Street (Powell Road). The Public Hearing was closed at 6:40 p.m. City Council Regular Meeting and Public Hearing —August 28, 2006 Page 4 15. Council to consider approval or other action regarding Ordinance 1501 E5/ #SCU 06-003 Assistant City Attorney Clark Askins read: ORDINANCE 1501 E5-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 GRANTING A SPECIAL CONDITIONAL USE PERMIT 4SCU06-003 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO -WIT: A 20 ACRE TRACT OUT OF ±300 ACRES OF LAND (PORT CROSSING) IN THE GEORGE B. MCKINSTRY, A-47, W.P. HARRIS SURVEY, A-30, JOHNSON HUNTER SURVEY, A-35, CITY OF LA PORTE, HARRIS COUNTY, TEXAS FOR THE PURPOSE OF DEVELOPING AN OFFICE/WAREHOUSE FACILITY IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE; 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 Council member Engelken to approve Ordinance 1501 E5 #SCU 06-003 as presented by Mr. Sabo. Second by Council member Ebow. The motion carried. Ayes: Mosteit, Moser, Engelken, Beasley, Ebow, Clausen and Mayor Porter. Nays: Rigby Abstain: None 16. Discuss passing ordinances condemning fourteen(14) substandard structures Open Public Hearing - Mayor Porter opened the Public Hearing at 6: 41 p.m. Review by Staff —Debbie Wilmore provided an overview. Public Input — Christopher Pickney 305 Nth 6`h Street — no objections to condemning wants city to do what is the lost to owner and who will be doing demolition work. Debbie Wilmore explained process of bids for each home. Recommendation of Staff— Unanimously, the Staff recommended City Council consider passage or other action regarding condemnation ordinances on fourteen (14) substandard structures. The Public Hearing was closed at 6:58 p.m. 17. Council to consider approval or other action regarding ordinances condemning fourteen (14) substandard structures as follows: Assistant City Attorney Clark Askins read: Ordinance 2920 — AN ORDINANCE DECLARING THE BUILDINGS) LOCATED ON Blk, 2 Lots 7-8, Crescent Shores, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Paul Robert Bonner & Wanda Elaine Bonner, J.H. Smith % Elaine Bonner and Paul R. Bonner IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNERS(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLOTION WITHIN THIRTY (30) 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 BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER City Council Regular Meeting and Public Hearing —August 28, 2006 Page 5 PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. Assistant City Attorney Clark Askins read: Ordinance 2921 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 2, Lots 5-6, Crescent Shores, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Paul Bonner % Elaine Bonner and Paul R. Bonner IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNERS(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLOTION WITHIN THIRTY (30) 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 BUILDING(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. Assistant City Attorney Clark Askins read: Ordinance 2922 AN ORDINANCE DELCALRING THE BUILDING(S) LOCATED ON Blk 24 Lots 31-36, Ba, f�, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT C.D. Wilkinson, Charles D. Wilkenson III and Dave Gaar, IS THE IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNERS(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLOTION WITHIN THIRTY (30) 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 BUILDING(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. Assistant City Attorney Clark Askins read: Ordinance 2923 AN ORDINANCE DELCARING THE BUILDING(S) LOCATED ON Blk 240, Lots 8, 9, & S 7' of Lt 7 & N 4.58' of Lt 10 & Adj. Strip, San Jacinto Homes, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Paul Schaider & Elaine Schaider IS THE IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNERS(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLOTION WITHIN THIRTY (30) 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 BUILDING(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. Assistant City Attorney Clark Askins read: Ordinance 2924 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 108, Lots 25-28, La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Arthur Walker Jr. & Joseph L. Walker and Arthur Walker Jr & Joseph Lee Walker IS THE IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNERS(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS City Council Regular Meeting and Public Hearing —August 28, 2006 Page 6 ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLOTION WITHIN THIRTY (30) 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 BUILDING(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. Assistant City Attorney Clark Askins read: Ordinance 2925 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 108, Lots 25-28, LaPorte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Arthur Walker Jr. & Joseph L. Walker and Arthur Walker IS THE IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNERS(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLOTION WITHIN THIRTY (30) 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 BUILDING(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. Assistant City Attorney Clark Askins read: Ordinance 2926 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 63 Lots 26-27, LaPorte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDINGS) CONDEMNED; FINDING THAT Lillie B. Warren and Lillie B. Warren % Lisa Anderson IS THE IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNERS(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLOTION WITHIN THIRTY (30) 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 BUILDING(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. Assistant City Attorney Clark Askins read: Ordinance 2927 AN ORDINANCE DELCARING THE BUILDING(S) ON Blk 104, Lots 19-22 La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Wilson James Majors, Jr. IS THE IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNERS(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLOTION WITHIN THIRTY (30) 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 BUILDING(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. City Council Regular Meeting and Public Hearing —August 28, 2006 Page 7 Assistant City Attorney Clark Askins read: Ordinance 2928 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk. 55 Lots 30-33 La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Alfonso Gutierez Jr. & Maria N. IS THE IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNERS(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLOTION WITHIN THIRTY (30) 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 BUILDINGS) 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. Assistant City Attorney Clark Askins read: Ordinance 2929 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 331 Lots 3-4 La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Andrew Mrhring<Enrigue Rodriguez and Andrew J. Mehring IS THE IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNERS(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLOTION WITHIN THIRTY (30) 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 BUILDING(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. Assistant City Attorney Clark Askins read: Ordinance 2930 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 331 Lots 1-2, La Porte, HARRIS COUNTY, TEXAS TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Cijy of La Porte IS THE IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNERS(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLOTION WITHIN THIRTY (30) 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 BUILDING(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. Assistant City Attorney Clark Askins read: Ordinance 2931 AN ORDINANCE DECLARING THE BUILDINGS) LOCATED ON Blk 78 Lots 19-20 La Porte, HARRIS COUNTY, TEXAS TO BE IN FACT A NUISANCE ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Gertie Pinkney IS THE IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNERS(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLOTION WITHIN THIRTY (30) 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 City Council Regular Meeting and Public Hearing —August 28, 2006 Page 8 OWNER"S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(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. Assistant City Attorney Clark Askins read: Ordinance 2932 AN ORDINANCE DECLARING THE BULDING(S) LOCATED ON Tr.27 Blk 27 & Tr 28 Blk 28 & Tr 3 Abst. 5, E. Brinson; Nebraska Syndicate, HARRIS COUNTY, TEXAS TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Oak Park Trading Ltd Oak park Trading Ltd and Oak Park Trading Ltd % Hal Lawlwer IS THE IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNERS(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLOTION WITHIN THIRTY (30) 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 BUILDING(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. Assistant City Attorney Clark Askins read: Ordinance 2933 AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 98 Lots 15-16 La Porte, HARRIS COUNTY, TEXAS TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Calixtro Castillo, Calixtro Castillo, Calixtro Castillo % Calixtro Castillo Jr. and Calixtro Castillo Jr IS THE IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNERS(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLOTION WITHIN THIRTY (30) 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 BUILDING(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. Building Official Debbie Wilmore presented summary and recommendation and answered Council's questions. Motion was made by Council member Moser to approve Ordinance 2920 - 2933 - as presented by Ms.Wilmore. Second by Council member Ebow. The motion carried Ayes: Mosteit, Moser, Engelken, Beasley, Ebow, Rigby, Clausen and Mayor Porter. Nays: liyaer Abstain: None 18. Council to consider approval or other action regarding a resolution of the city council of the City of La Porte, Texas opposing the implementation of charges for services rendered by the Harris County Medical Examiner's Office. Chief of Police Richard Reff presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: RESOLUTION 2006-20— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS OPPOSING THE IMPLEMENTATION OF CHARGES FOR SERVICES RENDERED BY THE HARRIS COUNTY MEDICAL EXAMINER'S OFFICE. City Council Regular Meeting and Public Hearing —August 28, 2006 Page 9 Motion was made by Council member Beasley to not approve Resolution 2006-20 but authorize Mayor to draft letter as presented by Mr. Reff. Second by Council member Ebow. The motion carried Ayes: Mosteit, Moser, Engelken, Beasley, Ebow, Rigby, Clausen and Mayor Porter. Nays: None Abstain: None 19. Council to consider approval or other action regarding an ordinance authorizing the City Manager to execute a contract with L&M Contractors, Inc. for the Renovation and Addition to the City of La Porte EMS Center for a net cost of $913,487.00 and to establish a seven percent (7%) contingency of $63,944 and to authorize the City Manager to increase the budget by $153,915.00 Planning Director Wayne Sabo presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read Ordinance 2934- AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND L&M CONTRACTORS, INC. FOR THE RENOVATION & ADDITION TO THE CITY OF LA PORTE EMS CENTER, APPROPRIATING $913,487 PLUS A CONTINGENCY OF $63,944.00, 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. Motion was made by Council member Clausen to approve Ordinance 2934 as presented by Mr.Sabo Second by Council member Beasley. The motion carried Ayes: Mosteit, Moser, Engelken, Beasley, Ebow, Rigby, Clausen and Mayor Porter. Nays: None Abstain: None 20. Council to consider approval or other action authorizing the City Manager to execute an Industrial District Agreement with ELE HOLDINGS, LTD. and an ordinance authorizing the City Manager to execute a Water Service Agreement with ELE HOLDINGS, LTD. Director of Planning Wayne Sabo presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read Ordinance No. 2000-IDA-78 — AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH ELE HOLDINGS, LTD.; FOR THE TERM COMMENCING JANUARY 1, 2006 AND ENDING DECEMBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Ebow to approve Ordinance No. 2000-IDA-78 as presented by Mr.Sabo. Second by Council member Mosteit. The motion carried Ayes: Mosteit, Moser, Engelken, Beasley, Ebow, Rigby, Clausen and Mayor Porter. Nays: None Abstain: None Assistant City Attorney Clark Askins read Ordinance No.2935— AN ORDINANCE APPROVING AND AUTHORIZING THE CITY OF LA PORTE TO ENTER INTO A WATER SERVICE AGREEMENT WITH ELE HOLDINGS, LTD,; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HERE OF. City Council Regular Meeting and Public Hearing —August 28, 2006 Page 10 Motion was made by Council member to approve Ordinance No. 2935 as presented by Mr. Sabo. Second by Council member. The motion carried Ayes: Mosteit, Moser, Engelken, Beasley, Ebow, Rigby, Clausen and Mayor Porter. Nays: None Abstain: None 21. Council to consider approval or other action approving of an ordinance authorizing a contract with Harris County to accept a HOME grant award of $457,300; appropriating $42,202.69 as the City's match to construct five (5) new homes as part of the affordable housing program as stated in the Northside Community Neighborhood Plan. Planning Director Wayne Sabo presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read Ordinance 2936 — AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT FOR AN AWARD IN THE AMOUNT OF $457,300.00 FROM HARRIS COUNTY COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT FOR FUNDING THE CITY OF LA PORTE'S HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM; APPROPRIATING A SUM OF UP TO $42,203.00 IN CITY MATCHING FUNDS TO FURTHER THE CITY'S GOAL AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HERE OF. Motion was made by Council member Moser to approve Ordinance 2936 as presented by Mr. Sabo. Second by Council member Ebow. The motion carried Ayes: Mosteit, Moser, Engelken, Beasley, Ebow, Rigby, Clausen and Mayor Porter. Nays: None Abstain: None 22. Council to consider approval or other action approving of an ordinance approving and authorizing a mutual aid agreement between the City of La Porte and the La Porte Independent School District, for sharing facilities, equipment and personnel, in the event of an emergency requiring mass sheltering of essential persons and /or transportation of citizens. Emergency Management Coordinator Jeff Suggs presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read Ordinance 2937 — AN ORDINANCE APPROVING AND AUTHORIZING A MUTUAL AID AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE INDEPENDENT SCHOOL DISTRICT, FOR SHARING FACILITIES, EQUIPMENT AND PERSONNEL, IN THE EVENT OF AN EMERGENCY REQUIRING MASS SHELTERING OF ESSENTIAL PERSONS AND/OR TRANSPORTATION OF CITIZENS; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HERE OF. Motion was made by Council member Beasley to approve Ordinance 2937 as presented by Mr. Suggs. Second by Council member Rigby. The motion carried Ayes: Mosteit, Moser, Engelken, Beasley, Griffiths, Ebow, Rigby, Clausen and Mayor Porter. Nays: None Abstain: None 23. Council to consider approval or other action approving of an ordinance appointing and reappointing members to various Boards and Commissions. City Council Regular Meeting and Public Hearing —August 28, 2006 Page 11 Main Street Coordinator Debra Dye advised to reduce number of positions from 11-9. City Council appointed Jerry Carpenter, Amanda Seymore, Ed Matuszak, Leandro Suarez and Bill Manning Jr. to the Main Street Advisory Board. Council voted to bring back Zoning Board of Adjustments, 4B Development Corporation and Chapter 172 in the future. Mayor Alton Porter presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read Ordinance 2782-L — 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; PROVIDING AN EFFECTIVE DATE HERE OF. Motion was made by Council member Engelken to approve Ordinance 2782-L as presented by Mayor Porter. Second by Council member Clausen. The motion carried Ayes: Mosteit, Moser, Engelken, Beasley, Ebow, Rigby, Clausen and Mayor Porter. Nays: None Abstain: None 24. Council to consider approval or other action approving of an ordinance appointing members of the Civil Service Commission. City Manager Debra Feazelle presented summary and recommendation of reappointing Keith Trainer to the Civil Service Commission and answered Council's questions. Assistant City Attorney Clark Askins read Ordinance 2938 — AN ORDINANCE APPOINTING MEMBERS OF THE CIVIL SERVICE COMMISSION; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HERE OF. Motion was made by Council member Moser to approve Ordinance 2938 as presented by Ms. Feazelle. Second by Council member Beasley. The motion carried Ayes: Mosteit, Moser, Engelken, Beasley, Ebow, Rigby, Clausen and Mayor Porter. Nays: None Abstain: None 25. Council to consider approval or other action regarding procedure for selection and appointment for position of City Manager. Council will do a full scale search of the replacement of the City Manager position. An outside search firm will not be hired. Council will use a similar formula as when Ms. Feazelle was hired. Council wants a council committee to handle the recruitment process. Staff will provide committee with information on time table and materials used in hiring Ms. Feazelle. City Council Regular Meeting and Public Hearing —August 28, 2006 Page 12 Resumes will be received in the City Secretary's Office and compiled in the same manner as when Ms. Feazelle was hired. Motion was made by Council Member Engelken to approve an open search for City Manager's position with a committee consisting of Mayor Porter, Tommy Moser, Chuck Engelken and Howard Ebow. Mayor to serve as the Chairman. Second by Council member Moser. The motion carried. 26. Administrative Reports City Manager Debra Feazelle advised council Representative Wayne Smith required council input on public hearing docket #2651 regarding insurance, the submission of resolution and policy amendments to the National League of Cities National Municipal Policy September 1, 2006, Labor Day Holiday observed Monday, September 4, 2006, Chamber of Commerce annual steak cookout September 7, 2006 6:30 p.m. at Dupont Recreation Building, Armed Forces Blood Drive September 13-14, 2006 at the Texas National Guard, Employee Health Fair 2006, September 15, 2006 9:00 a.m. until 3:00 p.m. at the Fitness Center, Boards and Commissions Appreciation Dinner September 18, 2006 6:00 p.m. at the Fitness Center and Neighborhood Center Inc. Volunteer Banquet September 21, 2006 6:30 p.m. at the Houston Yacht Club, Fall Back Festival VIP event September 15, 2006 5:30 p.m. at 101 Main Grill, Fall Back Festival September 22,2006 6:00 p.m. - 10:00 p.m. Main Street September 23, 2006, Noon - 10:00 p.m. Sylvan Beach and the TML Conference October 25-27, 2006 Austin TX. Ms. Feazelle informed council garbage bags would be available to be purchased in January 2007. Council Comments 27. Ebow, Engelken, Mosteit, Clausen, Rigby, Moser, Beasley, Griffiths and Mayor Porter had comments. 28. 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) SECTION - 551-087 - (ECONOMIC DEVELOPMENT) SECTION - 551.074 - (PERSONNEL MATTERS) SECTION - 551.074 - (PERSONNEL MATTERS) SECTION - 551-074 - (PERSONNEL MATTER) Council retired to Executive Session at 8:40 p.m. MEET WITH CITY MANAGER AND CITY ATTORNEY TO DISCUSS ECONOMIC DEVELOPMENT CITY SECRETARY'S EVALUATION DISCUSS AND CONSIDER POSSIBLE ACTION ON CITY MANAGER'S EMPLOYMENT CONTRACT DISCUSS AND CONSIDER POSSIBLE ACTION ON APPOINTMENT OF INTERIM CITY MANAGER 29. There was no action taken during Executive Session Council returned to the table at 9:41 p.m. Motion was made by Council Member Griffiths to adjust City Secretary's salary to 4% increase retro 7/7/2006. Second by Council Member Engelken. Motion carried unanimously. City Council Regular Meeting and Public Hearing —August 28, 2006 Page 13 Motion was made by Councilmember Mosteit accepting retirement of City Manager Debra Feazelle and directing staff to bring back consulting contract to the next meeting. Second by Peter Griffiths. Motion carried unanimously. Motion was made by Council Member Griffiths to create an ordinance for interim position Assistant City Manager John Joerns effective October 1, 2006. Second by Council member Ebow. Motion carried unanimously. 30. There being no further business to come before Council, the Regular Meeting was duly adjourned at 9:45 p.m. Nfullsub i Oily� C, CM City Secretary Passed and approvedonthis 11th day of September 2006 Mayor Alton E.Porter C REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 11, 2006 h Requested By: W_ iJVi, Department: Zo,,,: ng Report: Resolution: Ordinance: X Exhibits: Ordinance Exhibits: Bid Tabulation Exhibits Appropriation Source of Funds: 015 Account Number Oi5-9892-709-1100 Amount Budgeted: S55f Amount Requested: $48,360 Budgeted Item: Yes SUMMARY & RECOMMENDATION Sealed bids were received from contractors on August 28, 2006, for the removal and replacement of sidewalks throughout the City. Three contractors submitted bids and the low bid was submitted by Brooks Concrete, Inc in the amount of $44,022.04. A 9.85% construction contingency of $4,337.96 is also being recommended to allow for the repair of additional areas. The total cost of the project is $48,360 and is within budget. The project consists of the removal and replacement of approximately 1,500 linear feet of sidewalk and the new construction of 17 wheelchair ramps. Action Required by Council: To consider approval of an Ordinance authorizing the City Manager to execute a contract with Brooks Concrete, Inc. for the City Wide Sidewalk Replacement Project in the amount of $44,022.04 and to provide a construction contingency of $4,337.96 for a total construction amount of $48,360. Approved for City Council ALyenda ZJJ� 11"&X' la XZA--,- 9- & -cam Debra Feazelle, City Manager 0 Date ORDINANCE NO.2006- A / J AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND BROOKS CONCRETE, INC. FOR THE CITY WIDE SIDEWALK REPLACEMENT PROJECT, APPROPRIATING $44,022.04 PLUS A CONSTRUCTION CONTINGENCY OF $4,337.%, 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 $44,022.04 plus a contingency of $4,337.96 from Fund 015 GEN 709 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. 2 PASSED AND APPROVED, THIS 1 tf— DAY OF 669 • , 2006. CITY OF LA PORTE } By: Alton E. Porter, Mayor ATTEST: �� Z&& Martha Gillett, City Secretary APPRO E T Clark T. Askins, Assist. City Attorney Bid Tab for City Wide Sidewalk Replacement #06026 DERRIPTION WIN OTY Brooks Concrete Ideal Const. Bill McDonald Cont. 1. Concrete 4' wide sidewalk placement UNIT PRICE SF 5,711 $ 4.38 $ 3.90 $ 4.00 ITEM #1 TOTAL $ 25,014.18 $ 22,272.90 $ 22,844.00 2. Removal and disposal of existing concrete sidewalk UNIT PRICE SF 6,113 $ 1.22 $ 2.50 $ 1.67 ITEM 92 TOTAL $ 7,457.86 $ 15,282.50 $ 10,208.71 3. Concrete Type B wheelchair ramps UNIT PRICE EA. 17 $ 675.00 $550.00 $ 1,000.00 ITEM #3 TOTAL $ 11,475.00 $9,350.00 $ 17,000.00 4. Adjustment of existing valve boxes UNIT PRICE EA. 3 $ 25.00 $ 20.00 $ 100.00 ITEM #4 TOTAL $ 75.00 $ 60.00 $ 300.00 S-1. Extra band sand (ordered by City) UNIT PRICE TON 25 $ 8.00 $ 16.00 $ 25.00 ITEM # 8-1 TOTAL $ 200.00 $ 376.00 $ 625.00 S-2._ Strip Sodding as directed by City UNIT PRICE SY 50 $ 2.50 $ 4.00 $ 6.75 ITEM # 8-2TOTAL $ 126.00 $ 200.00 $ 337.50 5-3. Sidewalk point repair include'oement,sand,remova! UNIT PRICE CY 50 $ 40.00 $ 220.00 $ 30.00 ITEM # $4TOTAL $ 2,000.00 $ 11,000.00 $ 1,500.00 TOTAL BASE BID AMOUNT $ 44,022.04 $ 46,965.40 $ 50,362.71 Bid Bond Received Yes Yes Yes ITEMS 8-1,S-2,8-3 ARE NOT IN BASE BID Information represents pricing only, and other factors may or may not be considered during the evaluation process 10 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested- 9-11-06 Requested By: S. Gillett Department- P»hlic Works Resolution: Ordinance: X Exhibits: Ordinance Exhibits: Bid Tabulation Exhibits Appropriation Source of Funds: Fund 018 Account Number: 018-9884-669-5130 Amount Budgeted:$39,500 Amount Requested: $39,294 Budgeted Item: YES SUMMARY & RECOMMENDATION Sealed Bid # 06022 for the Annual Contract for Rehabilitation of Sanitary Sewer Manholes were received on August 21, 2006 from five (5) contractors for the Annual Contract for Rehabilitation of Sanitary Sewer Manholes on August 21, 2006. The Project is a component of the City's annual Sewer Rehabilitation Project to reduce infiltration and inflow into the City's sanitary sewer system. Low bid was submitted by Standard Cement Materials, Inc. in the amount of $34,194. Standard Cement has successfully performed several manhole repairs for the City, and is recommended for the bid award. A contingency of $5,100 is also requested. The bid package lists several specific repairs that are programmed, but additional repairs will likely be identified through the City's ongoing sewer inspection program. Action Required by Council: Award Annual Contract for the Rehabilitation of Sanitary Sewer Manholes to Standard Cement Inc. in the amount of $34,194, and an additional $5,100 for contingency, for a total award of $39,294. Approved for City Council Agenda A c4a,40 J�t A— 0(9 Debra Feazelle, City Manaff& Date ORDINANCE NO. 2 0 0 0 - Aq 40 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND STANDARD CEMENT, INC., FOR SANITARY SEWER MANHOLE REHABILITATION] APPROPRIATING $34,194.00 PLUS A CONTINGENCY OF $5,100.00, TO FUND SAID CONTRACT] MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECTI 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 $34,194.00 plus a contingency of $5,100.00 from Fund 018, 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 filth day of September, 2006. ATTEST: Ma ha A. Gillett City Secretary APPROVED: 17-2 Clark T. Askins Assistant City Attorney CITY OF LA PORTE n �KT� By: �. Alton E. Porter Mayor F BID TABULATION BID # 06022 REHABLILTATION OF SANITARY SEWER MANHOLES UNIT STANDARD ENVIRO STEELE & POWER NATIONAL F & L AAA DESCRIPTION CITY CEMENT REMEDIATION ASSOCIATES RO CONCRETE FLEXIBLE 1. Sealing infiltration 40 SQ. FT UNIT PRICE $5.40 $10.00 $10.00 $20.00 $28.75 DECLINED EXTENDED PRICE $216.00 $400.00 $400.00 $800.00 $1,150.00 ITEM #1 TOTAL $216.00 $400.00 $400.00 $800.00 $1,150.00 2. Sealing manhole wall by spraying 90 V. FT cementitious liner UNIT PRICE $88.38 $80.00 $81.00 $111.66 $144.00 DECLINED EXTENDED PRICE $7,954.00 $7,200.00 $7,290.00 $10,049.40 $12,960.00 ITEM#2 TOTAL $7,954.00 $7,200.00 $7,290.00 $10,049.40 $12,960.00 3. Sealing manhole wall by spraying 90 V.FT high build epoxy liner UNIT PRICE $100.00 $100.00 $132.00 $126.78 $144.00 DECLINED EXTENDED PRICE $9,000.00 $9,000.00 $11,880.00 $11,410.20 $12,960.00 ITEM #3 TOTAL $9,000.00 $9,000.00 $11,880.00 $11,410.20 $12,960.00 4. Sealing box wall by spraying 1216 SQ.FT cementitious liner UNIT PRICE $6.00 $7.00 $7.00 $9.29 $10.50 DECLINED EXTENDED PRICE $7,296.00 $8,512.00 $8,512.00 $11,296.64 $12,768.00 ITEM #4 TOTAL $7,296.00 $8,512.00 $8,512.00 $11,296.64 $12,768.00 5. Sealing box wall by spraying 1216 SQ.FT high build epoxy liner UNIT PRICE $8.00 $10.00 $9.62 $10.57 $10.50 DECLINED EXTENDED PRICE $9,728.00 $12,160.00 $11,697.92 $12,853.12 $12,768.00 ITEM #5 TOTAL $9,728.00 $12,160.00 $11,697.92 $12,853.12 $12,768.00 BASE BID AMOUNT $34,194.00 $37,272.00 $39,779.92 $46,409.36 $52,606.00 DECLINED Bid Bond Received YES YES YES YES YES Information reflects pricing only and other factors may be considered during the evaluation process Memo To: Steve Gillett From: Ray Mayo CC: Curtis Herrod, Susan Kelly Date: 8/23/2006 Re: Rehabilitation of Sanitary Sewer Manholes - Annual Contract — Bid No. 06022 Capital Improvement / I&I Fund 018-9884-669-5130 Six bid packages were sent out for this base bid project and annual contract repair items. Sealed bids were received on August 21, 2006 from five (5) contractors. Low bid was submitted by Standard Cement Materials Inc., in the amount of $34,194.00. Standard Cement has performed several manhole repairs for the City, and is recommended for the award of this project and annual repair contract. A contingency amount of $ 5100.00 is also requested. Attached for your review is the bid tabulation. CHECKLIST FOR REVIEWING CONTRACT DOCUMENTS PROJECT DESCRIPTION: Rehabilitation of Sanitary Sewer Manholes by Interior Wall Sealing - CLP Bid no. 06022 APPROVAL DATE: September 11, 2006 APPROVAL ORDINANCE NO.: 2006-2940 Construction Contract City Dept. All blanks must be filled in, except for the signatures of the Mayor, City Secretary and City Attorney. _/ Z 2. The numerical figure representing the amount of the Contract must agree with the amount that is listed in words. ✓ i/ 3. On the signature page: / (a) Name of corporation must be listed exactly as it was listed on the first page of the Contract ✓✓✓i/ (b) Have the President or Vice -President of the Corporation sign the Contract. An authorized person must sign the bond. (c) Use corporate seal, if any. Otherwise write / "None" underneath the words "Corporate f / Seal". Performance and Payment Bond 4. The name of the company, the Principal, must be ✓ listed as it was on the Contract. ✓ 5. The name of the surety on the bond must appear / the same throughout. ✓ 6. The amount of the bond must be the same amount listed on the Contract. 7. The first date to be filled in on page one on the bond must be the same date as the date of the Contract. The date the bond is signed cannot be prior to the date of the Contract, i.e. the date the bond is signed / must be the same or a later date. 8. The items listed as work to be done must exactly / match the improvements listed on page one of ✓ / the construction contract. I/ City Dept. Ate 9. On the bond: (a) The date that the Principal(s) and surety(s) sign cannot precede the date the Contract was "made and entered into". jj (b) Name of corporation must be listed exactly as it was listed on the Contract. V (c) Have the President or Vice -President of the Corporation sign the Contract. An authorized person must sign the bond. J (d) Type the name of the officer signing. (e) The Agent for Service should be located in the same county as the municipality. The f' / agent may be either a person or business. V (f) Surety's seal (which is the seal of the bond company) must appear under the surety's signature. All corporate sureties have seals. _/ (g) Make sure the seal is the bond company's seal, not a notary's seal. The seal may be a facsimile seal, unless the instrument states otherwise.JV/// (h) The writing on the surety's seal must be legible. J� Power of Attorney (The corporation will provide these forms, which are not standard.) 10. Is the person who signed as the surety on the Performance and Payment Bond listed on the Power f / of Attorney as an Attorney -in Fact? ✓ 11. The corporation's seal should be stamped on the Power of Attorney. A facsimile seal (a preprinted seal) is acceptable unless the Power of Attorney states it is not acceptable. 12. Check Notary's signature and seal. Are they legible? Is it the proper seal, i.e., a notary's seal, not the insurance company's seal? Was the notary's commission valid when signed? (Read the document to see if it states that the seal of a notary must appear.) ` City Dept. 13. The date that the Corporate Officer (usually Vice - President) signs the document should be the same date as the date the Performance and Payment Bond was signed. -�z 14. If the Power of Attorney is a copy, as opposed to an original, there must be a statement on the Power of Attorney that this document is a true and correct copy of the Power of Attorney and that it has not been revoked. Alternatively, it can state that the Power of Attorney is in full force and effect. Insurance Coverage 15. Insert the attached page in each set of documents. "y 16. Have the insurance coverage approved. 17. The corporation must furnish either a copy of their original Certificate of Insurance or their insurance policy. _j►- 18. Insurance requirements: (a) The insurance coverage must meet the minimum amount required by the Contract. (b) The City should be named as an additional insured. (c) There should be a provision for 30 days advance written notice of cancellation or material change. _L/ (d) Include a waiver of subrogation in favor of ✓� City. / (e) Certificate of insurance or copy of policy. �✓ The Contractor shall provide either a copy of an approved certificate of insurance or a copy of the insurance policy or policies which comply with the insurance provision of the Contract for insertion into the Contract. Miscellaneous Make sure each item listed in the Table of Contents is in the Contract and that each item is on the page(s) designated in the Table of Contents. SPECIFICATIONS AND . CONTRACT DOCUMENTS FOR CITY OF LA PORTE, TEXAS J U LY 2006 �. BID NO. 06022 CITY OF LA PORTE HARRIS COUNTY, TEXAS CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS FOR REHABILITATION OF SANITARY SEWER MANHOLES BY USING INTERIOR WALL SEALING TABLE OF CONTENTS PART I CONTRACT DOCUMENTS SECTION TITLE PAGE NB NOTICE TO BIDDERS NB-1 IB INSTRUCTIONS TO BIDDERS IB-1 TO IB4 PD PROJECT DESCRIPTION PD-1 PS PROJECT SKETCHES PS-1 TO PS-2 P PROPOSAL P-1 TO P-7 SF STANDARD FORM OF AGGREEMENT SF-1 TO SF-2 PB PERFORMANCE & PAYMENT BOND PB-1 TO PB-4 GC GENERAL CONDITIONS GC-1 TO GC-42 GC -A EXHIBIT GC -A TO GENERAL CONDITIONS GC -Al TO GC-A2 Sc SUPPLEMENTARY CONDITIONS SC-1 TO SC-10 PART II TECHNICAL SPECIFICATIONS ITEM NO. DESCRIPTION PAGE I SUBMITTTALS TS-1 II SURFACE PREPARATION TS-2 III CEMENT LINER TS-4 IV HIGH BUILD EPDXY COATING TS-5 CITY OF LA PORTE NOTICE TO BIDDERS SEALED BID #06022 - REHABILITATION OF SANITARY SEWER MANHOLES USING INTERIOR WALL SEALING All sealed bids shall be submitted, including one marked original and one duplicate on the original -- forms and clearly marked with bid number and description. Bids will be received at 2963 N 23`d Street, La Porte, TX, 77571 Attn: Susan Kelley, Purchasing Manager until 2:00 P.M. Monday, August 21. 2006. The bids will be opened and publicly read in the Public Works upstairs training room, 2963 N. 23rd Street, La Porte, TX 77571, immediately after the closing hour for the bids on said date. An elevator is not available. Please contact purchasing at 281-470-5126 if accommodations are needed. ~- No late bids will be considered. Interested contractors may obtain plans, specifications and necessary bidding information at no cost. — City of La Porte Public Works Department 2963 N 23r' Street La Porte, TX 77571 (281) 471-9650 All bids shall be accompanied by a cashier's or certified check upon a national or state bank in the amount of 5% of the total bid amount, payable to the City of La Porte, Texas or a bid bond in the same amount from a reliable surety company licensed by the Texas Department of Insurance with a minimum Best Key Rating of "A" or "A-". This check shall be considered as a guarantee that the bidder will enter into a contract and execute performance and payment bonds within ten (10) days after notice of award. Bids without check or bid bond will not be considered. The City of La Porte hereby notifies all bidders that in regard to any Agreement entered into pursuant to this advertisement, minority business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, religion or national origin in consideration for an award. The Owners reserves the right to reject any and/or all bids, to waive any and all technicalities and to — accept any bid or part thereof, which in the opinion of the City Council, is most advantageous to the city. In case of ambiguity or lack of clearness in stating the prices in the bid, the Owner reserves the right to consider the most advantageous construction thereof or to reject the bid. Published: August 06, 2006 August 13. 2006 INSTRUCTIONS TO BIDDERS BID NO.06022 RECEIPT AND OPENING OF BIDS The City of La Porte (herein called "Owner"), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the -- Owner at the office of the Purchasing Manager, until the time and date indicated within the NOTICE TO BIDDERS, and then at said office publicly opened and read aloud. The envelopes containing the bids must be sealed and addressed to Susan Kelley, �- Purchasing Manager, 2963 N. 23`d St., La Porte, TX 77571. The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within thirty (30) days after the actual date of the opening thereof. PREPARATION OF BID Each bid must be submitted on the prescribed form. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures, and must be fully completed and executed when submitted. Each bid must be submitted in duplicate in a sealed envelope bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope, address as specified in the bid form. SUBCONTRACTS The bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the Owner. Bidders may not subcontract more than fifty percent (50%) of the work. TELEGRAPHIC MODIFICATION Any bidder may modify his bid by telegraphic communication at any time prior to r the scheduled closing time for receipt of bids, provided such telegraphic communication is received by the Owner prior to the closing time and, provided further, the Owner is satisfied that a written confirmation of the telegraphic modification of the bidder was _. mailed prior to the closing time. The telegraphic communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. If r. written confirmation is not received within two (2) days from the closing time, no consideration will be given to the telegraphic modification. Instructions to Bidders 1 of 4 QUALIFICATIONS OF BIDDER The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. BID SECURITY Each bid must be accompanied by a cashiers check, a certified check of the bidder, or a bid bond prepared, duly executed by the bidder as principal and having as •-- surety thereon a surety company approved by the Owner, in the amount of five percent (5%) of the bid. Such checks or bid bonds will be returned to all except the three (3) lowest bidders within three (3) days after the opening of bids, and the remaining checks �- or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or, if no award has been made within thirty (30) days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds required within ten (10) days after he has received notice of the -- acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his bid. " TIME OF COMPLETION AND LIQUIDATED DAMAGES Time is of the essence in this project and the contractor must diligently pursue the construction of the work so as to offer it for final acceptance by the Owner within the time limit specified in the proposal. Liquidated damages of $100.00 per day shall be chargeable for each day the work remains incomplete past the stated time limit. CONDITIONS OF WORK Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible the contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. ADDENDA AND INTERPRETATIONS No interpretation of the meaning of the plans, specifications or other pre -bid documents will be made to any bidder orally. Every request for such interpretation Instructions to Bidders 2 of 4 should be in writing addressed to "City of La Porte, Attn: Public Works Department 2963 N. 23`d Street, La Porte, Texas 77572" and to be given consideration must be received at least five (5) days prior to the date fixed from the opening of bids. Any and all such interpretations or any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three (3) days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. CONTRACT SECURITY The Contractor shall be required to furnish performance and payment bonds, executed on the forms enclosed herein, each bond in an amount at least equal to one �- hundred percent (100%) of the total contract price, as security for the faithful performance of the contract and for the payment of all persons performing labor or furnishing materials and equipment on the project. NOTICE OF SUPPLEMENTAL GENERAL CONDITIONS AND SPECIAL CONDITIONS Attention is particularly called to those parts of the contract documents and specifications which deal with the following: a. Survey, Permits and Regulations b. Protection of Work and Property C. Time of Completion and Liquidated Damages d. Subsurface Conditions Found Different e. Insurance f. Separate Contract g. Subcontracting h. Photographs of the Project LAWS AND REGULATIONS The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. METHOD OF AWARD - LOWEST QUALIFIED BIDDERS If at the time this contract is to be awarded, the lowest base bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the Owner as available to finance the contract, the contract will be awarded on the base bid only. If such bid exceeds such amount, the Owner may reject all bids. The Owner further reserves the right to award the contract based on an adjusted base bid, which shall consist of any combination of alternate bid items and bid items included in the base bid. Instructions to Bidders 3 of 4 CERTIFICATION BY BIDDER The successful bidder will be furnished with a copy of City of La Porte Ordinance #98-2217, prohibiting any expenditure for goods or services by the City of La Porte from any person, firm, or corporation owing any delinquent indebtedness to the City. The successful bidder will be required to certify that it is in compliance with the requirements of said ordinance. If the bidder is not in compliance with Ordinance #98- 2217, it will assign to the City of La Porte, the amount of its delinquent indebtedness to the City of La Porte, to be deducted by the City of La Porte from the amounts due. Failure to remit this certification or non-compliance with said ordinance shall be just cause for rejection or disqualification of bid. -- OBLIGATION OF BIDDER At the time of the opening of bids, each bidder will be presumed to have - inspected the site and to have read and to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any -- obligation in respect to his bid. SAFETY STANDARDS AND ACCIDENT PREVENTION With respect to all work performed under this contract, the Contractor shall: (1) Comply with the safety standards provisions of applicable laws, building and construction codes and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, and the requirements of -' the Occupational Safety and Health Act of 1970 (Public Law 91-596). (2) Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. (3) Maintain at his office or other well known place at the job site, all articles _ necessary for giving first aid to the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctor's care of persons (including employees), who may be injured on the job site. In no case shall employees be permitted to work at a job site before the employer has made a standing arrangement for removal of injured persons to a hospital or a doctor's care. Instructions to Bidders 4 of 4 PROJECT DESCRIPTION BID NO.06022 The City of La Porte is requesting bids to enter into an annual agreement for sanitary sewer manhole rehabilitation using interior wall sealing techniques. The total estimated expenditure or work locations for the project is undetermined at this time. Initial base bid work has been identified within this contract document. If additional work is requested from base bid items, unit cost will be paid for additional work. No renegotiations of unit prices for the one-year term of this contract will be allowed based on quantities of work to be done. This stipulation supersedes any other sections of these contract documents to the contrary. Each work order issued will consist of a minimum of 40 VF of manhole wall sealing. It should be understood by the bidder that the work identified in the base bid will take place near roadways. Proper traffic control and signage shall be utilized to maintain the safety of the workers and motorists. Hazardous atmospheres exist in these confined spaces, therefore safety measures including air monitoring equipment and personnel extraction devices will be required on site at all times. The easements contain gas lines, water lines, and other utility lines in close proximity to the sewer lines proposed for rehabilitation. It will be the Contractors responsibility to protect and maintain these utilities during the course of his work. Although the contract technically obligates each party for a period of one year, it may be extended one year by mutual agreement of both parties. PD 1 PAGI.eR0 CK CT EAGLE Afe,S Tcr 1 PROJECT LOCATION 10200 BLOCK - 10600 BLOCK FAIRMONT PARKWAY Legend Drainage Channels Raiflines �`�w:sthe;f%4t° CAy Limits 1 I Disclaimer. The Lily of La Porte makes no representation or warranty as b the accuracy a1 this map and its information norto Rs One ss for use. Any user of this map product accepts the same AS tS WITH ALL FAULTS, and assumes a®res ponsibillly for the use thereof, and further agrees to not hold the City of La Pone liable from eny damage, bss, or liability arising Iron any use of the map product Independent i erlrrcatbn ofalt information contained on this map shouki be obtained by the end user. A0�'a City of La Porte 1 " equals 920 ' a r rn 604 W. Fairmont Parkway L a Porte G I. Mapping LaPorte, TX 17571 (281) 971-1-5020 020 rEfU* wwwlaportetx.gov CITY OF LA PORTE - BID NO. 06022 REHABILITATION OF SANITARY SEWER MANHOLES BY INTERIOR WALL SEALING City of La Porte, Texas ALL MANHOLES INDICATED BY ARROW ARE TO RECEIVE CEMENT LINER AND EPDXY COATING SYSTEM AS SPECIFIED N.T.S. 38s�► 9� 3841 38011 38 '• ZWD 1 1 t 1 � I � PORTS _ gID NQ � 06 N►aNHo��S LA �R 5�wER OF SAKI. -Tx CI ION pF VI pLL SEpL REHpB�L BY �NTER10 1A3'� tp3'JS 103� Ls r 'g Fes" �Q 1i:v_e7__ ..7G �_ TO RECEIVE gy ARROW ARE SPECIFIED OLES It POATp COATING SYSTEM AS ALL IVIT L NER ANO E CEMEN BID PROPOSAL FOR UNIT PRICE CONTRACT BID NO. 06022 Proposal of (hereinafter called "Bidder")* a corporation, organized and existing under the laws of the State of Tom- �S ,* a partnership, or an individual doing business asS7,a ,>, CcwgirT u,(Aqr�,,,&.= to the City of La Porte, Texas (hereinafter called "Owner"). Ladies and Gentlemen: The Bidder, in Y compliance with our invitation for bids for the construction of "Sewer p Manhole Rehabilitation by Interior Wall Sealing" per plans and specifications prepared by the City of La Porte, and having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies and to construct the project in accordance with the contract documents, within the time set forth therein, and at the prices stated in the attached Bid Schedule. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract on a date to be specified in written "Notice to Proceed" of the Owner and to fully complete the project within 60 consecutive calendar days thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $100.00 for each consecutive calendar day thereafter as provided in Paragraph SC-6 of the Supplementary Conditions of the Agreement. Bidder acknowledges receipt of the following addendum: DATE: % I— Paae 1 of 4 UNIT PRICE EXTENDED PRICE ITEM DESCRIPTION ESTMATED UNIT OF NO, QUANTITY MEASURE L Sealing infiltration/ voids using quick -set 40 SQ. FT 5A 4%O Z 1(o . 00 hydraulic plug or mortar 2. Sealing manhole wall by spraying 90 V. FT. 99. 3 7 77 77 -7, 9 _g f ,coo application of cementitious liner 3. Sealing manhole wall by spraying 90 V. FT 00 cueJ gl voO , vp _aEplication of high build epoxy liner , 4. Sealing box wall by spraying application 1216 SQ. FT. (j , 0 7, 2 q(Q cue of cementitious liner 5. Sealing box wall by spraying application 1216 SQ.FT. c) © Gr/ 7Z S1. 00 of high build epoxy liner SF.4t_ r r.lc,- M�urkvy� WAIL` ay _%P&_Ayj NG- r�T 7� .ELT• . �X C� SS I " C_�we s -ri ( v 5 V FT Base Bid Amount Bid No. 06022 y/ j 44 Sz5A - I r./6- 4�;,Y w Az-L (I ' S,`. eou 6— �S - � k i -T 2-, r= KC-F—Sr ( " C_Z awew-T-j -Ti o sc't 1= �4 L .� Tel til C ('Ti 6.5 �t r°�v :> L t7 _ CaU'Tp—A-C- T ) 6i , 6JOZ Tr),- City of La Porte: Rehabilitation of Sanitary Sewer Manoles using Interior Wall Sealing Bid No. 06022 Page 2 of 4 r 0 r r r A r BASE BID PROPOSAL BASE PROPOSAL: Bidder agrees to perform all of the work shown on the plans and further described in the specifications for the sum of "T�+OU S_A-Q O _F4 u�.�> .�, N NTs�" Fui2 �o u�2S N o'�e o ---^ dollars ($ 3q, f g�/. `'�—}. (Amount shall l5e shown in both words and figures. In case of discrepancy, the amount shown in words will govern.) Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidders will execute the formal contract attached within ten (10) days and deliver a Surety Bond or Bonds as required by the General Conditions. The bid security attached in sum of a 7ftt�USy S �v ��; 1-t ur1 p� dollars ($ t ;7Q 9. 7o ) is to become the p operty of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. Paae 3 of 4 FOR STATEMENT OF MATERIALS AND OTHER CHARGES so MATERIALS INCORPORATED INTO THE PROJECT: $ 10,Zl�/ r ALL OTHER CHARGES: $ Z 31 97 q . So r TOTAL: $ 1 3 , 1 9'-�. - r This total must agree with the total Total Amount Bid figure shown on the bid sheet. For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor. Respectfully submitted BY: (Signs th d Pers ) (Print N me of Authorized Person) (SEAL) f%v (Title) (Business Address) (City) (State) (Zip Code) (Telephone Number) -7 D �` V 71 Paae 4 of 4 LM UNITED FIRE & INDEMNITY COMPANY 118 Second Avenue SE PO Box 73909 Cedar Rapids, Iowa 52407-3909 (A Stock Company) BID BOND KNow ALL BY THESE PRESENTS, that STANDARD CEMENT MATFRiALS, INC. as Principal, hereinafter called the Principal, �. and the United Fire & Casualty Company, an Iowa corporation, as Surety, hereinafter called Surety are held and firmly bound unto CITY OF LA PORTE, TEXAS as Obligee, hereinafter called Obligee, in the sum of FIVE PERCENT OF THE GREATEST AMOUNT BID************** Dollars ($ 5% GAB************* ) for the payment of which sum well and truly to be made, the said pi i_-icipal and the said �- Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally. firmly by these presents. WHEREAS, the Principal has submitted a bid for REHABILITATION OF SANITARY SEWER KNINHOLES BY .� INTERIOR WALL SEALING FOR THE CITY OF LA PORTE TEXAS. Now,Therefore, if the. Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to eater su-h contact and give such bond or bonds, if the PrLncipal shall pay to the Obligee the difference not to exceed the penalty i)ereof bec-%seen the amount specified in said bid and such larger amount for which the Obligee may in good faith contest v4ith a~tother party to perform the work crneted by said bid, then this obligation shall be null and void, other -wise to rema n L_ EU o.� and effect. Signed and scaled this 21 ST day of AUGUST A.D. , 06 r' In the presence of: STANDARD CEMENT ATERIALS INC. (Seri) (Principal) ptes�Q,•+��' Fide) �. UNITED FIRE & INDEMN�YANY OMP(SPaq By f Wji ness) (Attorney- in fact) DEBRA K. MORRIS K THURMOND CANT 00010798 _ Un UNITED FIRE GROUP IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: United Fire & Casualty Company United Life Insurance Company Addison Insurance Company Lafayette Insurance Company Insurance Brokers & Managers, Inc. American Indemnity Companies You may call United Fire Group's toll free telephone number for information or to make a complaint at: 800-343-9130 You may also write to United Fire Group at: United Fire Group Attn: Bond Department .. P.O. Box 73.909 Cedar Rapids, IA 52407-3909 -or street address - United Fire Group Attn: Bond Department 118 Second Avenue SE Cedar Rapids, IA 52401 You may contact the Texas Department of Insurance to c;-.�in information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 .� ATTACH THIS NOTICETO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.48, Governmental Code, and Section 53-202, Property Code, effective September 1, 2001. HOME OFFICE: 11 8 Second Avenue SE, PO Box 73909, Cedar Rapids, Iowa 52407-3909 Phone: 319-399-5790 FAX: 319-399-5425 AGREEMENT BID NO.06022 THIS AGREEMENT, made this 2g day of / , 2006, by and between the CITY OF LA PORTE, hereinafter called "Owner", acting herein through its CITY MANAGER and Standard Cement Materials, Inc. (Name of Contracting Firm) Strike out inapplicable terms: (a corporation) (;wt��) or (Svr>cimk4dual doing Standard business as:) Cement Materials, Inc, of Houston County of Harris , and State of Texas, hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as follows: REHABILITATION OF SANITARY SEWER MANHOLES USING INTERIOR WALL SEALING BID NO.06022 hereinafter called the project, for the Total Price of Thirty-four Thousand, One Hundred, Ninty-four and No/100 Dollars ($ 34,194.00 ) and all extra work in connection therewith, under the terms as stated in the General and Supplementary Conditions of the Contract; and Further, that the CONTRACTOR agrees, at his (its or their) own proper cost and expense, to furnish all the materials, supplies, machinery, equipment, tools, �- superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with: -- A. The terms and conditions stated in the Proposal and in the General Conditions, and Supplementary Conditions of this Contract; Scope of Work �- B. The plans, which include all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof; and C. The Specifications and other contract documents therefore, as prepared by the City of La Porte, all of which are made a part hereof and collectively evidence and constitute the contract. �' Aareement 1 of 2 The CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 60 calendar days thereafter. The CONTRACTOR further agrees to pay, as liquidated damages, the sum of 100 for each consecutive calendar day thereafter as hereinafter provided in Paragraph SC-6 of the Supplementary Conditions. IN WITNESS WHEREOF, the parties to these present have executed this contract, each of which shall be deemed an original, in the year and day first above mentioned. City of La Porte Name of Owner SEAL Attest: _4 VJA A By: y � d Debra Feazelle _ Martha Gillett City Manager Title Standard Cement Materials,Inc. SEAL Name Contra +rm By: Signature of Authorized Person Vice -President Title of Authorized Person City Secretary Title TrZ&! 5-Te:v&-►a S - F -o'rer- T wtANAI +'� Witness 5710 W. 34th Street, Houston,TX 77092 Address and Zip Code Approved as to Form: City Attorney A Aareement 2 of 2 STATE OF TEXAS COUNTY OF HAMS PAYMENT BOND BID NO. 06022 BOND NO: 54-149107 KNOW ALL MEN BY THESE PRESENTS: That STANDARD ERS��C. of the City of HOUSTOx County of HARRIs _,and State of TEAS , as principal, and 7NDEMNTTY N cONPAY authorized under the laws of the State of Texas to act as surety on bonds for principals are held and firmly bound unto The City of La RT THIY—FOUR THOUSAND ONE HUNDRED AND Porte (Owner), in the penal sum of NINETY-FOUR DOLLARS AND No CENTS------ dollars (S34,194.00—) for the payment whereof, the said Principal and Surety bind thernseives, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 29 day of , 2006 to which contract is hereby referred to and made apart hereof as f qy and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGAT10N 1S 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; otherwise to remain in full force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Vernon's Texas Codes Annotated, Texas Government Code. Chapter 2253, as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein_' Surety, for value received, stipulates and agrees that no change, extension of tjrne, alteration or addition to the terms of the Contract, or to the work performed -- thereunder, or the plans, specifications, or drawings accompanying the same, shall in such change extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond 1 of 2 - IN WITNESS W I:FREOF, the said Principal and Surety have signed and sealed this instrument this 2 ` day of ( -, 2006. STANDARD CEMNT MATERIALS, INC. UNITED FIRE & INDEMNITY COMPANY Principal Surety B AB Y• Y THDRMOND, ATTORY—IN—FACT Title: Title: Ge S Address: 5710 W. 34TH STREET Address 14800 ST. MARY'S LANE, SUITE 235 SUITE A HOUSTON, TEXAS 77079 HOUSTON, TEXAS 77092 The name and address of the Resident Agent of Surety is: '— STERLING EMENS, III 2807 PINE ARBOR DRIVE w,. MONTGOMERY, TEXAS 77356 Payment Bond 2 of 2 UNITED FIRE & CASUALTY COMPANY CEDAR RAPIDS, IOWA UNITED FIRE & INDEMNITY COMPANY GALVESTON,TEXAS CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing under the laws of the: .State of Iowa, and United Fire &'Indemnity, Company, a corporation duly organized and existing under the laws of the State of Texas (herein collectively called the Companies), and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint AL THURMOND, II, OR MARK THURMOND, BOTH INDIVIDUALLY of HOUSTON, TX. Its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in it behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: ANY AND ALL BONDS And to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY AND UNITED FIRE & INDEMNITY COMPANY. This power of Attorney is made and executed) pursuant to and by authority of the following By -.Law duly adopted by Board of Directors of the United Fire & Casualty Company April 18, 3973 and pursuant to and by authority of the following resolution adopted by'the Board of Directors of United Fire & Indemnity Company January 28, 2004. "Article V — Surety Bonds and Undertakings" ' Section 2, Appointment of Attomey-in-Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such: instruments and to attach the seal of the Companies thereto. The President of any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney -in -fact. IN WITNESS WHEREOF, the COMPANIES have caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 7TH day of JANUARY, 2005. �„4,",•"GG!'��„C ' UNITED FIRE :.& CASUALTY COMPANY " tTcoRPORArE ?2 CORPORATE UNITED FIRE & INDEMNITY COMPANY _ _ Z _ • ,4,` SEAL ,'♦ 4_9y� B Vice President.. State of Iowa, County of Linn, ss: On 5TK day of JANUARY, 2 5, before me personally came Randy A. Ramlo To me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, and an Assistant Vice President of the UNITED FIRE & INDEMNITY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to: authority given by the Board of Directors of sairporation and that he signed his name thereto pursuant to I' the act and deed of said corporation. PA7T1 W 7 J COMMi18810N NUM84AMCER.713r7a • MY coM 1 a 0 EXPIRES' ow Notary Public My commission expires: 10/26/07 1, David A. Lange, Secretary of UNITED FIRE &c CASUALTY COMPANY and AssistantSecretary of UNITED FIRE & INDEMNITY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by- laws and resolutions of said Companies as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANIES, and that the same are correct transcripts thereof, and of the whole of the said originals; and that the said Power of Attorney has not been revoked and is now in full' force and effect. In testimony of whereof I have hereunto subscribed my name and affixed the corporate seal of the said Companies this day of , 20 CAs If, ""„Uj11U14/ A"���[ID tlrygli _ V CORPORATE S "v CORPORATE By: SEAL SEAL - :� t �. .� � Secretary ///$Hill 1%��" _ UA UNITED FIRE GROUP IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: United Fire & Casualty Company United Life Insurance Company Addison Insurance Company Lafayette Insurance Company Insurance Brokers & Managers, Inc. American Indemnity Companies You may call United Fire Group's toll free telephone number for information or to make a complaint at: 800-343-9130 You may also write to United Fire Group at: -- United Fire Group Attn: Bond Department P.O. Box 73909 Cedar Rapids, IA 52407-3909 -or street address - United Fire Group Attn: Bond Department 118 Second Avenue SE Cedar Rapids, IA 52401 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 �- You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a ' part or a condition of the attached document and is given to comply with Section 2253.48, Governmental Code, and Section 53-202, Property Code, effective September 1, 2001. HOME OFFICE: 118 Second Avenue SE, PO Box 73909, Cedar Rapids, Iowa 52407-3909 Phone: 319-399-5790 FAX: 319-399-5425 STATE OF TEXAS COUNTY OF HAMS PERFORMANCE BOND BID NO. 06022 BOND NO: 54-149107 KNOW ALL MEN BY THESE PRESENTS: That RA�`T�RarD.s, TEIN'.. of the City of HOUSTON . County of HARRIs _,and State of TEBAs , as principal, and TTIDE1WNTTY core authorized under the laws of the State of Texas to act as surety on bonds for principa�ATt-%WR%41M �T� City of La Porte (Owner), in the penal sum of NINETY-FOUR DOLLARS AND NO CENTS dollars ($34,194.00—) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successor and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of 006 to which contract is hereby referred to �- and made apart hereof as fully anfi 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 faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be -- observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; "PROVIDED, HOWEVER, that this bond is exec pursuant to the provisions of Vernon's Texas Codes Annotated. T exas Gave miment Code. Chapter 2263 as ` amended and all liabilities on this bond shah be deL-nntinyd in accordance with the provisions of said Article to the same extent as if it w— copied at length her --in.` Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the plans, specifications, or drawings 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 to be performed thereunder. Performance Bond 1 of 2 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 006. STANDARD CEMENT MATERIALS, INC. UNITED FIRE & INDEMNITY COMPANY Principal Surety By: - / By: — t �0��� THURMOND, ATTORNEY -IN -FACT itle: ll" Title: Address: 5710 W. 34TH STREET Address: 14800 ST. MARY'S LANE, SUITE 235 SUITE A HOUSTON, TEXAS 77079 -- HOUSTON, TEXAS 77092 The name and address of the Resident Agent of Surety is: STERLING EMENS, III 2807 PINE ARBOR DRIVE r.. MONTGOMERY, TEXAS 77356 Performance Bond 2 of 2 UNITED FIRE & CASUALTY COMPANY CEDAR RAPIDS, IOWA UNITED FIRE & INDEMNITY COMPANY GALVESTON, TEXAS CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company`— See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa, and United Fire &'Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas (herein collectively called the Companies), and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint AL THURMOND, II, OR MARK THURMOND, BOTH INDIVIDUALLY of HOUSTON, TX. Its true and lawful Attorney(s)-in-Fact with power and authority hereby conferredto sign, seal and execute in it behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: ANY AND ALL BONDS And to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority, hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY AND UNITED FIRE & INDEMNITY COMPANY. This power of Attorney is trade and executed pursuant to and by authority of the following By -Law duly adopted by Board of Directors of the United Fire & CasualtyCompany April 18, 1973 and pursuant to and by authority of the following resolution adopted by the Board of Directors of United Fire & Indemnity Company. January 28, 2004. "Article V - Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seat of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations` set forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal of the Companies thereto. The President of any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney -in -fact. IN WIT NESSS WHEREOF, the COMPANIES have caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 7TH day of JANUARY, 2005. UNITED FIRE & CASUALTY COMPANY 141 eoReoRATE °; : - CORPORATE °� UNITED FIRE& INDEMNITY COMPANY S z, SEAL SEAL C� o- 1, 0 NS �� Vice President State of Iowa, County of Linn, ss: On 5 'H day of JANUARY, Z005, before me personally came Randy A. Ramlo To me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, and an: Assistant Vice President of the UNITED FIRE & INDEMNITY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of saiorporation' and that he signed his name thereto pursuant to 1' the act and deed of said corporation. •�*� * PATTI WADDELL = t7 COMMISOIQN Numean 713274 • •< MY coIN 18810tV's^XPIiiEB ljt� ow Notary Public My commission expires: 10/26/07 1, David A. Lange, Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of UNITED FIRE & INDEMNITY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by- laws and resolutions of said Companies as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANIES, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony of whereof I have hereunto subscribed my name and affixed the corporate seal of the said Companies this day of 120 \lN/llll/If// \\\tI1I111f1I/ CORPORATE F CORPORATE By. SEAL yj.. SEAL: : `,�� ,a`�' "%��,�� ,��.' Secretary - un UNITED FIRE GROUP IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: United Fire & Casualty Company United Life Insurance Company Addison Insurance Company Lafayette Insurance Company Insurance Brokers & Managers, Inc. American Indemnity Companies You may call United Fire Group's toll free telephone number for information or to make a complaint at: 800-343-9130 You may also write to United Fire Group at: United Fire Group Attn: Bond Department P.O. Box 73909 Cedar Rapids, IA 52407-3909 -or street address - United Fire Group Attn: Bond Department 118 Second Avenue SE Cedar Rapids, IA 52401 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 ATTACH THIS NOTICETO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.48, Governmental Code, and Section 53-202, Property Code, effective September 1, 2001. HOME OFFICE: 118 Second Avenue SE, PO Box 73909, Cedar Rapids, Iowa 52407-3909 Phone: 319-399-5790 FAX: 319-399-5425 09/25/2006 10:13 FAX 281 679 8686 AL THURMOND AGENCY INC. Z 002/003 ACMA. CERTIFICATE OF LIABILITY INSURANCE 09/18/2° 0 6) PRODUCER (281) 679-8585 AL THURMOND AGENCY, INC 14900 ST . MARY' S LANE SUITE 235 HOTJSTON TX 77079— THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED STANDARD CEMENT MATERIALS, INC, 5710 WEST 34TH STREET, SUITE HOUSTON, TX. 77092 — INSURER A: UNION INSURANCE CCHPANY INSURERB:CONTINENTAL WESTERN INS.0 INSURERC:TEXAS MUTUAL INS. COMPANY INSURERD: INSURER E: 6UVtKA%7CA THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L ADD'L INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD POLICY EXPIRATION DATE (MMIDDIYY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CPA 4200600 06/23/2006 06/23/2007 EACH OCCURRENCE $ 11000,000 PREMISES (EaEoop rrence)$ 100,000 MED EXP (Any one n $ 5,000 CLAIMS MADE rx-1 OCCUR X $5,000 PD DEDUCTIBLE / / / / PERSONAL aADVINJURY $ 1,000,000 PER OCCURRENCE GENERAL AGGREGATE $ 2,000,000 / / % / GEN'LAGGREGATELIMITAPPLIES PER. PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY JECT LOC A AUTOMOBILE LIABILITY CPA 4200600 06/23/2006 06/23/2007 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO X BODILY INJURY (Per Person) $ ALL OWNED AUTOS SCHEDULED AUTOS / / / / X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS / / / / X PROPERTYDAMAGE (Per accident) $ GARAGE UABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO / / / / $ AUTO ONLY: AGG B EXCESSIUMBRELLALIABIUTY CUA 4200602 06/23/2006 06/23/2007 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 X OCCUR a CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ C WORKERS COMPENSATION AND TSF 0001159772 06/23/2006 06/23/2007 X I TO V IMPrIS I JOIN - E.L. EACH ACCIDENT $ 11000,000 EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICERIMEMBEREXCLUDED? / / / / If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 A OTHER MOTOR TRUCK CARGO CPA 4200600 06/23/2006 06/23/2007 LIMIT 100,000 LEGAL LIABILITY / / / / DEDUCTIBLE 1,000 DESCRIPTION OF OPERATIONS/LOCAnONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS As required by written contract the City of LaPorte is included as an Additional Insured as respects all polices with the exception of Workers Compensation and is provided with a Waiver of Subrogation as respects all policies. I'�rOT•r1/�ATr uAl nre J-\]r.l d It L% d rbl!' T 2963 N LA POR ACORD 25 (2001/08) �, INS025(oloe).o5 ELECTRONIC USER FORMS, INC. - (800)327-0545 19 A%,VKIJ Vvrtrvlva I sum -1 V00 Page I of 2 09/25/2006 10:14 FAX 281 679 8686 AL THURMOND AGENCY INC. Q 003/003 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 1 I I i 1 i 1 ACORD 25 (20011108) AM INS0251oloops Page 2d2 GENERAL CONDITIONS BID NO.06022 General Conditions 1 of 1 .,Y -) This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT PMared by ENGR4EERS JOINT CONTRACT DOCUMENTS CObI1VI rM and --- Issued and Published Jointly By National -Society ofAM Professional Engineers AMERICAN CONSULTING PIV&SWOR81 firokem InPdolePROW AMERICAN SOCIETY OF ENGINEERS COUNCIL CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE — a practice division of Me NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS -- This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A-1 or 1910- 8-A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996 Edition). ,_ EJCDC No. 1910-8 (1996 Edition) TABLE OF CONTENTS 0 ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ..................................... 00700 - 6 1.01 Defined Terms ................................................... 00700 - 6 1.02 Terminology..................................................... 00700 - 8 ARTICLE 2 - PRELIMINARY MATTERS ............................................ 00700 - 9 2.01 Delivery of Bonds ................................................... 00700 - 9 2.02 Copies of Documents ................................................. 00700 - 9 2.03 Commencement of Contract 77mes, Notice to Proceed .......................... 00700 - 9 2.04 Starting the Work ................................................. 00700 - 9 2.05 Before Starting Construction .......................................... 00700 - 9 2.06 Preconstruction Conference .......................................... 00700 - 10 .. 2.07 Initial Acceptance of Schedules ........................................ 00700 - 10 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .......... 00700 - 10 3.01 Intent ......................................................... 00700 - 10 3.02 Reference Standards .............................................. 00700 - 10 3.03 Reporring and Resolving Discrepancies ................................... 00700 - 11 3.04 Amending and Supplementing Contract Documents .... 00700 - 11 3.05 Reuse of Documents ............................................... 00700 - 11 - ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS .............................................. 00700 - 11 4.01 Availability of Lands .............................................. 00700 - 11 4.02 Subsurface and Physical Conditions ........ ........................... 00700 - 12 4.03 Direring Subsurface or Physical Conditions ................................ 00700 - 12 4.04 Underground Facilities ............................................. 00700 - 13 4.05 Reference Points ........................... ...................... 00700 - 13 �- 4.06 Hazardous Environinenfal Condition at Site ................................. 00700 - 14 ARTICLE 5 - BONDS AND INSURANCE ........................................... 00706 - 15 5.01 Performance, Payment, and Other Bonds ................................. 00700 - 15 5.02 Licensed Sureties and Insurers ........................................ 00700 - 15 5.03 Certificates of Insurance ............................................ 00700 - 15 5.04 CONTRACTOR's Liability Insurance .................................... 00700 - 15 5.05 OWNER Is Liability Insurance .......................................... 00700 - 16 5.06 Property Insurance ............................................... W700 - 16 5.07 Waiver of Rights...............................................I. 00700 - 17 5.08 Receipt and Application of Insurance Proceeds ....................... ........ 00700 - 18 -- 5.09. Acceptance of Bonds and Insurance, Option to Replace ........................ 00700 - 18 5.10 Partial Utilization, Acknowledgment of Property Insurer ........................ 00700 - 18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ..................................... 00700 - 18 _ 6.01 Supervision and Superintendence ....................................... 00700 - 18 6.02 'Labor, Working Hours ............................................. 00700 - 19 6.03 Services, Materials, and Equipment ..................................... M7W - 19 6.04 Progress Schedule ................................................ 00700 - 19 6.05 Substitutes and "Or -Equals" .......................................... 00700 - 19 6.06 Concerning Subcontractors, Suppliers, and Others ............................ 00700 - 20 6.07 Patent Fees and Royalties ........................................... 00700 - 21 6.08 Permits ........................................................ 00700 - 21 6.09 Laws and Regulations .............................................. 00700 - 22 6.10 Taxes ........................................................ 00700 - 22 6.11 Use of Site and Other Areas .......................................... 00700 - 22 6.12 Record Documents .................................. 00700 - 22 ....... 6.13 Safety and Protection ............................................... 00700 - 23 6.14 Safety Representative .............................................. 00700 - 23 6.15 Hazard Communication Programs ...................................... 00700 - 23 6.16 Emergencies..................................................... 00700 - 23 6.17 Shop Drawings and Samples .......................................... 00700 - 23 6.18 Continuing the Work ............................................... 00700 - 24 6.19 CONTRACTOR's General Warranty and Guarantee .......................... 00700 - 25 6.20 Indemny1cation ................................................... 00700 - 25 ARTICLE 7 - OTHER WORK ................................................... 00700 -26 7.01 Related Work at Site ............................................... 00700- 26 -~ 7.02 Coordination................................................... 00700 -26 ARTICLE 8 - OWNER'S RESPONSIBILITIES ........................................ 00700 -26 8.01 Communications to Contractor ........................................ 00700 - 26 8.02 Replacement of ENGINEER .......................................... (WW - 26 8.03 Furnish Data ............................ 00700 -26 8.04 Pay Promptly When Due ............................................ 00700 -26 8.05 Lands and Easements. Reports and Tests .................................. 00700 - 26 8.06 Insurance..................................................... 00700- 27 8.07 Change Orders .................................................. 00700 -27 8.08 Inspections, Tests, and Approvals ...................................... 00700 -27 8.09 Limitations on OWNER's Responsibilities ................................. 0f 700 - 27 8.10 Undisclosed Hazardous Environmental Condition ............................ 00700- 27 8.11 Evidence of Financial Arrangements ..................................... 00700 -27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ........................... 00700-27. 9.01 OWNER'S Representative ........................................... 00700 -27 9.02 Visits to Site .................................................... 00700 -27 9.03 Project Representative ............................................. 00700 -27 9.04 Clarifications and Interpretations ...................................... 00700 - 28 9.05 Authorized Variations in Work ........................................ 00700 - 28 9.06 Rejecting Defective Work ............................................ 00700 - 28 .... 9.07 Shop Drawings, Change Orders and Payments .............................. 00700 - 28 9.08 Determinations for Unit Price Work ..................................... 00700 - 28 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work .......... 00700 - 28 9.10 Limitations on ENGINEERS Authority and Responsibilities ...................... 00700 - 28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ................................... 00700 -29 10.01 Authorized Changes in the Work ....................................... 00700- 29 10.02 Unauthorized Changes in the Work ..................................... 00700- 29 10.03 Execution of Change Orders ......................................... 00700 -29 10.04 Notification to Surety .............................................. 00700 -29 10.05 Claims and Disputes ............................................... 00700- 30 , ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK .............. 00700 - 30 11.01 Cost of the Work ................................................. 00700 - 30 11.02 Cash Allowances ................................................. 00700 - 32 11.03 Unit Price Work ..................... ........ ................. 00700 - 32 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ............. 00700 - 33 12.01 Change of Contract Price ........................................... 00700 - 33 12.02 Change of Contract Ttmes........................................... 00700 - 33 -- 12.03 Delays Beyond CONTRACTOR's Control .................................. 00700 - 33 12.04 Delays Within CONTRACTOR's Control ................................... 00700 - 34 12.05 Delays Beyond ORMR's and CONTRACTOR's Control ........................ 00700 - 34 12.06 Delay Damages .................................................. 00700 - 34 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ............................................... 00700 - 34 13.01 Notice of Defects .............................................. 00700 - 34 - 13.02 Access to Work .................................................. 00700 - 34 13.03 Tests and Inspections .............................................. 00700 - 34 13.04 Uncovering Work ................................................. 00700 - 35 13.05 OWNER May Stop the Work .......................................... 00700 - 35 13.06 Correction or Removal of Defective Work .................................. MW - 35 13.07 Correction Period ................................................. 00700 - 35 13.08 Acceptance of Defective Work ......................................... 00700 - 36 13.09 OWNER May Correct Defective Work .................................... 00700 - 36 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ........................ 00700 - 36 14.01 Schedule of Values ................................................ 00700 - 36 14.02L Progress Payments ................................................ 00700 - 37 14.03 CONTRACTOR's Warranty of Title ...................................... 00700 - 38 M.04 Substantial Completion ............................................. 00700 - 38 14.05 Partial Utilludon................................................ 00700 - 39 14.06 Final inspection ................................................. 00700 - 39 14.07 Final Payment ................................................... 00700 - 39 14.09 Final Completion Delayed .......... 00700 - 40 -- 14.09 • Waiver of Claims ................................................. 00700 - 40 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ........................ ..... 00700 - 40 15.01 OWNER May Suspend Work .......................................... 00700 - 40 15.02 OWNER May Terminatefor Cause ...................................... 00700 - 40 15.03 OW An Mq ramingo For Convenience ...... , ........................ 00700 - 41 15.04 CONTRACTOR May Stop Work or Terminate ............................... 00700. -. 41. ARTICLE 16 - DISPUTE RESOLUTION ............................................ 00700 - 41 -' 16.01 Methods and Procedures ............................................ 00700 - 41 ARTICLE 17 - MISCEI LANBOUS................................................ 00700 - 42 17.01 Giving Notice ................................................... 00700 - 42 -. 17.02 Computation of ?Imes .............................................. 00700 - 42 17.03 Cumulative Remedies ................. 00700 - 42 17.04 Survival of Obligations ............................................. 00700 - 42 17.05 Controlling Law ................................................. 00700 - 42 00700-5 GENERAL CONDITIONS ARTICLE 1- DEFINITIONS AND TERMINOLOGY 1.01 De, fined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. ...: 2. Agreement —The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Payment —The form acceptable to ENGINEER which is to be used by CONTRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid --The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents —The Bidding Requirements and. the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 7. Bidding Requirements —The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 8. Bonds --Performance and payment bonds and other instruments of security. 9. Change Order —A document recommended by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim —A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract —The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agrwmants, whether written or oral. 12. Contract Documents —The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOWs Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents - 13. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). . . 14. Contract Times --The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment. 15. CONTRACTOR --The individual or entity with whom OWNER has entered into the Agreement. 0 —00 E .� 16. Cost of the Work —See paragraph 11.0l.A for definition. 17. Drawings —That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. . Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. IS. Effective Date of the Agreement —Ile date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. .19. ENGINEER --The individual or entity named as such in the A mcnt. 20. ENGWEER's Consultant —An individual or entity having a contract, with EN4 to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 21. Meld Order A written order issued by ENGI- NEER which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 22. General Requirements —Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 23. Hazardous Environmental Condition --The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules,, regulations.. ordinances, codes, and orders of any and all governmental bodies, agencies,. authorities, and courts having jurisdiction. 26. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone —A principal event specified in the Contract Documents relating to an intermediate comple- don date or time prior to Substantial Completion of all the Work. 28. Notice ofAward--The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29. Notice to Proceed --A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to ran and on which CONTRACTOR shall -start to perform the Work under the Contract Documents. 30. OWNER --The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization --Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs --Polychlorinated biphenyls. 33. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7. pounds per square inch absolute), such as oil, petroleum,: fuel oil, oil sludge, oU refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 34. Project —The total construction of which the Work to beperformed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 35. Project Manual —The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the tables) of contents. 36. Radioactive Material --Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. 00700 - 7 38. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Shop Drawings —All drawings, diagrams, illustra- tions, schedules, and other data or information which are specifically prepared or assembled by or for CON- TRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site --Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 41. Specifications —That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor --An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantial Completion --The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a - specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with CONTRACTOR or withany Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other" communications, cable television, water, wastewater,. storm water, other liquids or chemicals, or traffic or other control systems. 47. Unit Price Work --Work to be paid for on the basis of unit prices. , 48. Work —The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and docunientation necessary to produce such construction, and furnishing, installing, and incorporating " all materials and equipment into such construction, all as required by the Contract Documents. 49. Work Change Directive —A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletic)n, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the ahadge ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 50. Written Amendment --A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR out or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract, Documents. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The .M . -3 C use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents. B. Day 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word "defective,- when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does_ not conftm to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accor- dance with paragraph 14.04 or 14.05). D. Furnish, Install, Perform, Provide .1. The word "thrnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" is implied. E. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers -the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 2.02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract 71mes, Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated is the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to nm later than the sixtieth day after the day of Bid opening or the thirtieth day after the Motive Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract runes commence to run. No Work shall be done at the Site prior to the date on which. the Contract Times commence to run. 2.05 Before Starting Construction A. CONTRACTOR's Review of Contract Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified 00700 - 9 in the General Requirements), CONTRACTOR shall submit to ENGINEER for its timely review: 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance -of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. C. Evidence of Insurance: Before any Work at the Site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with Article 5. 2.06 Preconstruction Conference A. Within 20 days after the Contract Times start to run, but before any Work at the Site is started, a conference attended by CONTRACTOR, ENGINEER, and others as ` appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules `• referred to in paragraph 2.05.B, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Application for Payment a conference attended by CON- TRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.05.B. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to- ENGINEER. 1. The progress schedule will be acceptable, to ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress ' of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 3. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent a- A. The Contract Documents are complementary; what •• . is called for by one is as binding as if 9allcd for by all. B. It is the intent of the Contras Documents. to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Docu- ments or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER. C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the 3.04 Amending and Supplementing Contract Documents Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies i . If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity; or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standaK gxmifcati©nt. manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it to 1 NGiNM in writing at onrue. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6:16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity, or dis- crepancy unless CONTRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifi- cally incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations t;a applicable to the performance of the Work (unless w such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 'A. The Contract Documents may be amended to provide for additions, deletions, and revisions in . the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; 00 ENGINEER's approval of a Shop Drawing or Sample; or (iii) ENGINEER's written Interpretation or clarification. 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or v0pies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by : ENGINEER. This prohibition will survive final payment,- completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record Pam• ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of -any encumbrances or restrictions not of general'application but specifically related to use of the Site - with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in . OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 00700 - 11 H B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary i Conditions identify: 1. - those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Docu meats; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized. CONTRACTOR may rely upon the• general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions; and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or „ 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in -an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith :(except as aforesaid) until receipt of written order:to do%sor B. ENGMER's Review: After receipt of written notice as required by paragraph 4.03.A. ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. C. Possible Price and Times Adjustments ,.. 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR's cost of, or time required for, perfor- mance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in paragraph 4.03.A; and .... b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price I will be subject to the provisions of paragraphs 9.08 .� and 11.03. 00700 - 12 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, itastiga Lion, -exploration, - teat, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CON- TRACTOR prior to CONTRACTOR"s making such final commitment; or c. CONTRACTOR failed to give the written -- notice within the time and as required by paragraph 4.03.A. — 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in paragraph 10,05. HoWever, OWNER, ENGINEER, and ENGINEM's .Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or darnageafincluding:but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connexion — with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to — existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER: shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or Indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the work. B. 'Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall. promPtiy after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in coition therewith (except in m•ernergencT as mquireA by p Ph 6. MA), identify the owner of such Underground Facility and give written notice to that owner and- to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the -existence or . ,location,of the Underground Facility. During such time,. 'CONTRACTOR shall be responsible for the safety and protectioe.of such Underground Facility. 2. If ENGINEER dudes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price of Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Tunes, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for 'construction which in ENGINEER's judgment are necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property 00700 - 13 monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 1. the completeness .of.such reports and drawings for CONTRAGTOWs. purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences -and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or Z. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CON- TRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immedi- ately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency. as required by paragraph 6.16); and (iii) notify OWNER and ENGINEER (and promptly thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning ' the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ti) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by. CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume -such Work under such special conditions,' then OWNER : may .order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. G. To the .fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and'any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and Ci) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing 7-1 00700 - 14 'hy in this paragraph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER'& Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created -by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall obligate CONTRACTOR to indemnify any individual or entity from and against the cdnsequences-of that individual's or entity's own negligence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performmce, P4ment, and Other Bonds A. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bands shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Contract Documents. B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptabld Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its tight to do business is terminated in any state where any part bf &6 Project is located or it ceases to meet the requirements of paragraph 5.01.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety of insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 - Ctraficates of Insurance A. CONTRACTOR shall .deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR - or : any other additional insured) which OWNER is required.to purchase and maintain. 5:04 CONTRACTOR's Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims. under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 00700 - 15 .i t UM L^ 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors :of each 'and'any of all such additional insureds, and the insurance .afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2, include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4, include contractual liability insurance covering CONTRACTOR's indemnity obligations under para- graphs 6.07, 6.11, and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supple- mentary Conditions, to whom a .certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5.05 OWNER's Liability Insurance A. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.04, • OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property Insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided -in the Supplementary Conditions or required by Laws and. Regulations). This insurance shall: 1. include the interests of OWNER, CONTRAC- TOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identi- fied in the Supplementary Conditions, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following. perils or causes of loss: fire, lightning, extended. coverage, theft, vandalism and malicious mischief; earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); rM A: 00700 - 16 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being iipcorp ,rated in. the Work, provided that such materials and equipment have been included is an Application for Payment recommended by ENGINEER; 5, allow for partial utilization of the Work by OWNER; 6, include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER with 30 days written notice to each other additional insured to whom a cemfi- cate of insurance has been issued. B. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be requirW by the Supplementary Conditions or Laws and Regulations which will inchule the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All -the policies of insurance (and the certificates .or other evidence thereof) required ;to, : pe .purchased and maintained in accordance with paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until- at least 30 days prior written n oticx has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07. D. OWNER shall not be responsible for purchasing and maintaining any property insurance specified .in this paragraph 5.06 to protect the interests of CONTRACTOR, Subcontractors, or others in the Work to. the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by CONTRACTOR, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the puicchaser's own expense. P.- If CONTRACTOR requests in writing that other sp=ial insurance be included in the property insurance pities provided under paragraph 5.06, OWNER .shall, if iriclvdc such insurance, and the cost thereof will be t06d to CONTRACTOR by appropriate Change Order or Amendment. Prior to commencement of the Work at the Site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. 5.07 Waiver of Rights A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraph 5.06..will protect OWNER, CONTRACTOR, Subcontractors, ENG�, ENGINEER's Consultants, and all. other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the aMCM, directors, partners, employees, agents, and other consultants and subconractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such pobcW shall contain provisions to the effect that 1A the mat of payment of any loss or damage the rescuers will have no rights of recovery against any of the insureds or additional insureds theramder. OWNER and •CONTR:AC- TOR waive all rights against ex h other and their respective officers, directors, partners, emplgmM. agents, and other, consultants and subcontractors of each and any of 0M for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, walw. „MA . 4W adlist, Subcontractors, ENGINEER, $;l40Di ;9R's Co�a, and all other individuals or entities identified in the Supplemen- tary Conditions to be listed as, insureds• or additional insureds (and the officers, directors, parmm, employees, agents, and other consultants and subcontractors of each' and arty of them) under such policies for losses and damages so caused. None of die above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. B. OWNER waives all rights against CONTRACTOR, Subcontiactors, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents. and oflier consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical imps or damage to OWNER's property or the Work, . caused by, arising out of, or resulting from fire or other peril whether or not insured by OWNER; and 2, loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured perm or cause of loss covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.05, after Substantial Completion s V 00700 - 17 e s� EM pursuant to paragraph 14.04, or after final payment pursuant to paragraph 14.07. C. Any insurance policy maintained by OWNER cover- ing any loss, damage or consequential loss referred to in paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of . , recovery.`. against CONTRACTOR, - Subcontractors, ENGINhtR, or ENGINEER's Consultants and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by paragraph 5.06 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.08.B. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agree- ment as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Oider'or Written Amendment. B. OWNER as fiduciary shall have power to adjust and settle any loss with the inssiiters tutless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either OWNER or CONTRACTOR has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by paragraph 2.05.C. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other parry's interests at the expense of the party who was ::required to provide such coverage, and a Change Order .shall be issued to adjust the Contract Price accordingly., _ 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, . no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorse- ment on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as. may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superin- tendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR' representative at the Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the superintendent shall be binding on CONTRACTOR. EM MP m•►m 10 �. 6.02 Lq k; Working Hours t�A. C :.'� ` .CTOR shall provide competent, suitably B. Fret' as otherwise required for the safely or protection' Oersons or the Work or property at the Site or adjacent anti except as otherwise stated in the Contract , all Work at the Bite shall be performed during hours, and CONTRACTOR will not =Sa work orthe performance of Work on , or any legal holiday without OWNER's written- ch will be unrmasonably withheld) given written notice to ENGINEER. 6.03 Se :r. w Materials, and Equipment qualified peel to survey, lay out, and construct the Work as by the Contract Documents. CON- TRACT at all times maintain good discipline and order at A. Unless otherwise specified in the General Re- quirements-? tON`TRACTOR shall provide and assume full response ' i~ all services, materials, equipment, labor, traaspartati : , eonatruaron equipment and machinery, tools, appliances,t;4=l, power, light, heat, telephone, water. sanitary facYbes; temporary facilities, and all other facilities and incidetbb necessary for the , performance.testing, i .. start-up. al { jG ► of flee Work. f b. _ . B. All and equipment incorporated into the t.j Work shall;:. , ats aped or, if not specified, shall be of good ; 9W.. new, except as otherwise provided in the Contract All warranties and guarantees specificall ad for by the Specifications shall expressly run to die of OWNER. If required by ENGINEER, CONTRA shall furnish satisfactory evidence .(including of required tests) as to the source, kind, said quality als and equipment. All materials and equipment IWI -be stored, applied, installed, connected, erected, , used, cleaned, and conditioned in accordance :. bv(. instructions of the applicable Supplier, except as oterwise may be provided in the Contract Docu- ments. 6.04 Schedule A. CCF . ; CTOR shall adhere to the progress schedule establishesi` `-u><dnce with paragraph 2.07 as it may be -- adjustedttue to time as provided below. !� 1.., '.�CTOR shall submit to ENGINEER for accep Eo the extent indicated in paragraph 2.07) (Q) propose > , usf ments in the progress schedule that will notatuging the Contract Times (or Milestones). Such a xAts will conform generally to the progress sched t in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Sappy; •tbe . motion or is -mod to establish the type. function, appearsuice. and quality required. Unless the specification or description contains or is followed by words reading that no Bloc, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the circum- stances described below. 1. "Or -Equal" Items. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal, to that named and sufficiently dwier so that no rungs in Mated Work will be required, it may be considered by: ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or equipment' will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (H) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning, whole, and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under 007W - 19 paragraph 6.05.A.1, it will be considered a proposed substitute item. b. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that'the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed -substitute items of material or equipment will not bE accepted by ENGINEER from anyone other than CONTRACTOR. c. The procedure for review by ENGINEER t will be as set forth in paragraph 6.05.A.2.d, as supplemented in the General Requirements and as ENGINEER may decide Is'"appropriate under the circumstances. C 2 d. CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited Y, to the same use as that specified. The application .., will state the extent, if any, to which the use of the propoidd substitute item will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substitute item in connection with tjte Work is subject to payment of any license fee oi royalty. All variations of the pro- posed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indi- rectly firom use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CON- TRACTOR to furnish additional data about the pro- posed substitute item. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGI- NEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to .� determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The proce- dure for review by ENGINEER will be similar to that ,. provided in subparagraph 6.05.A.2. C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.05.A and 6.05.B. ENGINEER w.11 be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until _ R14GIN 's review is complete, :which will,. be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." ENGINEER will advise CONTRACTOR in writing of any negative determination. D. Special Guarantee: OWNER may require CON- TRACTOR to funnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. ..� E. ENOMWER's Cost Reimbursement. ENGINEER will I record time required by ENGINEER and ENGINEER's Consultants in evaluadr% substitute proposed or submitted by ' CONTRACT6k putsuant to paragraphs 6.05.A.2 and 6.05.B and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consulmmts for evaluating each such proposed substitute. F. CONTRACTOR's Expense: CONTRACTOR shall provide all data in support of any proposed substitute or "or -equal" at CONTRACTOR's expense. - 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.B), whether initially or as, a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work " against whom CONTRACTOR has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or nn'7nn _,in 11 entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement; and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basin. of reasonable objection after due investigation. CON- .. TRACTOR shall submit an acceptable replacement for the rejected Subcontractor,. Supplier, or other individual or entity, and the Contract Price will be adjusted by the differ- ence in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amictdwot dgts & No wcepts= by OWNER of nay. such Subcontractor', Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER'. and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain. provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR,, .ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers. directors. partners, employees, agents, and other consultants and•subcontraotors of each and any of them) for all losses and damages caused by, arising out of, Mang to, oil reailting €ram nay of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers an any such policies require separate waiver forms to be signed by any Subcontractor or Supplier. CONTRAC- TOR will obtain the same. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the 6.07 Patent Fees and Royalties Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as A. CONTRACTOR shall pay all license fees and CONTRACTOR is responsible for CONTRACTOR's own royalties and assume all costs incident to the use in the acts and omissions. Nothing in the Contract Documents shall.. performance of the Work or the incorporation in the Work of create for the' beneftt of any such Subcontractor, Supplier, or "" any invention, design, process, product, or device wait h is other individual ter entity any contractual relationship between • : the subject of patent rights or copyrights held by others ,: If OWNER or ENGINEER and any such Subcontractor, a particular invention, design, process, product, or device is Supplier or other individual or entity, nor shall it create any specified in the Contract Documents: for use in the obligation on the part of OWNER or ENGINEER to pay or performance of the Work and if to the actual knowledge of to see to the payment of any moneys due any such Subcon- OWNER or ENGINEER its use is subject to patent rights or tractor, Supplier, or other individual' or entity except as may copyrights calling for the payment of any license fee or otherwise be required by Laws and Regulations. royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the D. CONTRACTOR shall be solely responsible for fullest extent permitted by Laws and Regulations, scheduling and coordinating the Work of Subcontractors, CONTRACTOR shall indemnify and hold harmless Suppliers, and other individuals or entities performing or OWNER, ENGINEER, ENGINEER's Consultants, and the furnishing any of the Work under a direct or indirect contract officers, directors, partners, employees or agents, and other with CONTRACTOR. consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited E. CONTRACTOR shall require all Subcontractors, to all fees and charges of engineers, architects, attorneys, and Suppliers, and such other individuals or entities performing other professionals and all court or arbitration or other or furnishing any of the Work to communicate with ENGI- dispute resolution costs) arising out of or relating to any NEER through CONTRACTOR. infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the F. The divisions and sections of the Specifications and the identifications of any Drawings shall .not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits 00700 - 21 H and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no -Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance Of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR'S compliance with any Laws or Regulations. B. If CONTRACTOR performs any Work knowing or ' having - reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute r resolution costs) arising out of or relating to such Work; however, • it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawiz*s are in. accordance with Laws and Regulations, but this shall not relieve,CONTRACTOR of CONTRACTOR's obligations under;paragraph 3.03. C. Changes in Laws or Regulations not known at the c: time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance'of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas I. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party, by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest ektent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant, —and the officers, directors, partners, employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution ,�.. costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. B. ,Removal;of Debris During Perfornwnce of the Work:.:.:;;.,....;. During the progress of the Work CONTRACTOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall con- form to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the completion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work 11 00700 - 22 Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for Wig, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent' damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be Incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal; "relocation, or replacement in the course of construction. B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety. of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work.may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CON- TRACTOR, any Subcontractor, Supplier, or any other Individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Con- sultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.07.B that the Work is acceptable (except as - otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. CONTRACTOR shall designate, a qualified and atperlenc ed safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions . and program. 6.15 Hard Comrnwd cation Programs A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard aciaunuciication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened damage; injury, or loss. CONTRACTOR shall... give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work of variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimen- sions, specified performance and design criteria, materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.E. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample 00700 23 submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER as required by paragraph 2.07, any related "Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: a. all field measurements, quantities, dimen- sions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, -and installation pertaining to the performance of the Work; c. all information relative to means, methods, techniques, sequences, and procedures of construc- tion and safety precautions and programs incident thereto; and d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Docu- ments. 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's;review and approval of that submittal. 3. At the time of each submittal, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from • the requirements of the Contract Documents, such notice to be in a written com- munication separate from the submittal; and, in addition, -shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. E. ENGINEER's Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER. ENOINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform 'to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. ENGINEER's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. ENGiNEER's review and approval of Shop Drawings or Samples shall -not relieve CONTRACTOR from responsibility for arty variation from the require- ments of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.17.D.1. F. Resubmittal Procedures 1. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of corrected copies -of Shop Drawings and submit as required new Samples for review and.. approval. CON- TRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGI- NEER on previous submittals. 6.18 Continuing the Work A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except 0 00700 - 24 as permitted by paragraph 15.04 . or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 COAMCTOR's*General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not.be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects -or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible, or 2. normal wear and tear under normal usage. B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 1.. observations by ENGINEER;: 2. recommendation by ENGINEER or payment by OWNER of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereto by OWNER; 4. use or occupancy of the Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do so; 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by ENGINEER; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by OWNER. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: 1. is attributable to bodily injury, sickness, disease, or death, or to injury- to or destruction of tangible : Vroperty (other than the Work itself), including the loss of use resulting therefrom; and 2. is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly enjoyed by any of teem to perform any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indem- nified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. B. - In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee). of . . CONTRACTOR, any Subcontractor, any Supplier, or any Individual or entity directly or 'indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CONTRACTOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the Officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of. 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. nn7nn - 7S ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be. given to CON- TRACTOR prior to starting any such other work; and 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in paragraph 10.05. B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the other work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly . coordinate the Work with theirs. Unless otherwise provided in the Contract;Documents, CON- TRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger any work of others by, cutting, excavating, or otherwise altering their work and will only cut or. alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct ,contracts between OWNER and such utility owners and other contractors. C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report, to ENGINEER in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itoibized; and 3. the extent of such authority and responsibilities will be provided. - B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and respon- sibility for such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Condi- tions, OWNER ' shall issue all communications to CONTRACTOR through ENGINEER.' 8.02 Replacement of ENGINEER A. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.03 Furnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.04 Pay Promptly When Due A. OWNER shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements, Reports and Tests A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations ra 00700 - 2b and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface - structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 8.06 Insurance A. OWNER's responsibilities, if any, in respect to pur- chasing and maintaining liability and property insurance are set forth in Article 5. 9.07 Change Orders A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. OWNER's responsibility in respect to certain inspec- tions, tests, and approvals is set forth in paragraph 13.03.B. 9.09 Limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences, �'. orprocedures of construction, or the safety precautions= and programs incident thereto, or for any failure -of CON- TRACTOR to corpply with Laws and Regulationi- applicable to the performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Envimnmental Condition A. OWNER's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evidence of Flinancial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative dmift 'construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general; if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity. of the Work. ENC#MER's efforts will be directed toward.providing for OWNER a•greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to ly with Laws and Regulations applicable to the perform a of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative 'and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another 1-11 representative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supple- mentary Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents as ENGINEER may deter- mine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CON- TRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price,or.Contract Times, or both, that should be allowed as a result of a written clarification or interpretation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work B. In connection with ENGINEER's authority as to Change Orders, see Articles 10,. 11, and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.08 Determinations for Unit Price Work A. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review"with CON- TRACTOR the ENGINEER's prelimi W detertnitiat. .011 such matters before rendering a written decision'thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) ;upon OWNER and CONTRACTOR, subject - to. _the provisions of paragraph 10.05. 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work A. ENGINEER may authorize minor variations in the A. ENGINEER will be the initial interpreter of the Work from the requirements of the Contract Documents requirements of the Contract Documents and judge of the which do not involve an adjustment in the Contract Price or acceptability of the Work thereunder. Claims, disputes and the Contract Times and are compatible with the design other matters relating to the acceptability of the Work, the concept of the completed Project as a functioning whole as quantities and classifications of Unit Price Work, the indicated try. the ,Contract Documents. These may!=ibet Nkinterpretationof the.requirements of the Contract=Documents accomplished ,by a Field Order and will be binding on, :..; pertaining to the performance of the Work, and.. Claims OWNER and also on CONTRACTOR, who shall perform seeking changes in the Contract Price or Contract Times will the Work involved promptly. If OWNER and CONTRAC- , be referred initially to ENGINEER in writing, in accordance TOR are unable to agree on entitlement to or on the amount with the provisions of paragraph 10.05, with a request for a or extent, if any, of any adjustment in the Contract Price or formal decision. Contract Times, or both, as a result of a Field Order, a Claim may be made therefor as provided in paragraph 10.05. 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether .or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17. B. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of . final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 9.10 Limitations on ENGINEER's Authority and Respon- sibilities A. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority 00700 - 28 r- or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier. any other individual or entity, or to any surety for or employee or agent of any of them. B. ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construcrion, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with dw Contrast Documents. C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and ,other documentation required to be delivered by paragraph 14.07.A'willonly be to determine generally that their content ..complies` "with'the requirements of, and in the ' case . of •: '. certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Representative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as - amie ded, modified, or supplemented as provided in paragraph'3.04, except in the cast of an emergency as provided is li6grsph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.B. 10.03 Execution of Change Orders A.. OWNER and CONTRIICTOk shall execute appropriate Change Orders recommended by ENGINEER '(or Written Amendments) covering: L changes in the Work which are: 0) ordered by OWNER pursuant to paragraph 10.01.A, (ii) required because of acceptance of defective Work under para- graph 13.08.A or OWNER's correction of defective Work.under paragraph 13.09, or (iii) agreed -to by the parties; 2: changes in the Contract Price or Contract Tunes. ..,. which are agreed to by the parties, including zany 'undisputed sum or amount of time for* Work actiially performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written. decision rendered by ENGINEER pursuant to paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such 'notice will be CONTRACTOR's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 00700 - 29 4. 10.05 Claims and Disputes A. Notice. Written notice stating the_ general nature of each Claim, dispute, or other, matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract; within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.13. A Claim for an adjustment in Contract Time shall 'be prepared in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGIMM's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. ENGINEER's written decision on such Claim, dispute, or other matter will be final and binding upon OWNED an¢,CONTRACTOR unless; , •1- an appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim; dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.B, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE I1- COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK' 11.01 Cost of the Work A. Costs Included. The term Cost of the Work means` the sum of all costs necessarily incurred and paid by CON- TRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of .Cost of the Works, the costs to be reimbursed to CONTRACTOR will be only those additional or incremcrital costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the Iocality of the Project, shall . include only the following items, and shall . not include any of the costs itemized in paragraph 11.01.B. 1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of join classifications agreed upon by 'OWNER and CONTRACTOR. Such employees shall' include without limitation superintendents, foremen, .and: ,, J other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited —. to, salaries and wages plus the cost of fringe .benefits, which shall include social security contributions, unem- ployment, excise, and payroll taxes, workers' — compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. 2. Cost of'all materials and equipment furnished and incorporated in the Work, including costs- of transportation and storage thereof, and Suppliers' field ., services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with , which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and -"ac CONTRACTOR shall make provisions so that they may be obtained. 3. Payments made by CONTRACTOR to and royalty payments and fees for permits and Subcontractors for Work performed by Subcontractors. licenses. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to f. losses and damages (and related expenses) -- OWNER and CONTRACTOR and shall deliver such caused by damage to the Work, not compensated by bids to OWNER, who will then determine, with the insurance or otherwise, sustained by advice of ENGINEER, which bids, if any, will be CONTRACTOR in connection with the perfor- acceptable. If any subcontract provides that the mane of the Work (except losses and damages Subcontractor is to be paid on the basis of Cost of the within the deductible amounts of property insurance oikplus a fee, the Subcontractor's Cost of the Work _ established in accordance with paragraph•5.06:D), and fee shall be' determined in the same manner as provided such losses and damages have resulted CONTRACTOR's Cost of the Work and fee as provided from causes other than the negligence of in this paragraph 11.01. CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or 4. Costs of special consultants (including but not for whose acts any of thew may be liable. Such limited to engm em architects, testing laboratories, losses_ ' shall include settlements made with' the surveyors, attorneys`, `and accountants) employed for written eonsent and approval of OWNER. No such services specifically related to the Work. losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining 5. Supplemental costs including the following: CONTRACTOR's fee. a. The proportion of necessary transportation, travel, and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. b. Cost; including transportation and mainte- nance, of ' s11 ` materials, supplies, equipment, machinery;1ppli ba,'mrice, and temporary facili- ties at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of CONTRACTOR. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, ma- chinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CON- TRACTOR is liable, imposed by Laws and Regu- lations. e. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and sinular petty cash items in connection with the Work. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim. J. When all the Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and insurance CONTRACTOR is requited by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnerships and sole proprietorships), general manag- ers, engineers, architects, estimators, attorneys, audi- tors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.01.A.1 or specifically covered by paragraph 11.0l.A.4, all of which are to be 00700 - 31 considered administrative costs covered by the ances have been included in the Contract Price and not CONTRACTOR's fee. in the, allowances, and no demand for additional payment on account of any of the foregoing will be valid. 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the Site. 3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 4. Costs dtie to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or f equipment wrongly supplied,, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.01.A and 11.01.B. C. CONTRACTOR's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. When the value of any Work covered. by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, .CONTRACTOR's fee shall be determined as set forth in paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.0l.A and 11.0l.B, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances A. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to..OWNER and ENGINEER. CONTRACTOR agrees that: 1. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allow- B. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work` covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or pan of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unix Price Work times the estimated quantity of each item as. indicated in the Agree- ment. The estimated quantities of items of Unit Price Work are not guaranteed . and are solely for the purpose of -m. comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be -,„ made by ENGINEER subject to the provisions of paragraph 9.08. B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. , C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accordance with paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and -- significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease -- in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. 00700 - 32 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES .t- 12.01 Gunge of Contract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by..the Party making the Claim to the ENGINEER and the other party to the Contract in accor- dance with the provisions of paragraph 10.05. B. The value of any Work covered by a Change Order `- or of any Claim for an adjustment in the Contract Price will be determined as follows: , _ ... 1. whose the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03 ); or 2. where the Work involved is not covered by unit -- prices contained in the Contract Documents, by a mutually agreed lump sum (Which. may include an allowance for overhead and -profit. .not• necessarily in accordance with -.paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agree- ment to a. lump sum is not reached under paragraph 12.01.11.2, on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a CONTRACTOR's fee for overhead and profit (deter- mined as provided in paragraph 12.01.C). C. CONTRACTOR's Fee. The CONTRACTOR'S fee for overhead and profit shall be determined as follows: 1- a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under paragraphs 11.0l.A.1 and 11.0l.A.2, the CONTRACTOR's fee shall be 15 percent; b. for costs incurred under paragraph 11.01.A.3, the CONTRACTOR's fee shall be five percent; -- c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraph 12.0l.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a be of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.0l.A.1 and 11.01.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor, d. no fee shall be payable on the basis of costs itemized under paragraphs 11.0l.A.4, 11.0l.A.5, and 11.012; e.. the amount of credit to be allowed by CONTRACTOR to OWNER,for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are in- volved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with para- graphs 12.0l.C.2.a through 12,01.C.2.e, inclu- 12.02 Cliange of Contract nines A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Tunes (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not -be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by mmnn _ az Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRACTOR's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.05 Delays Beyond OWNER's and CONTRACTOR's Control A. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER slid CONTRACTOR, an extension of the Contract Times' (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. 12.06 Delay Damages i A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: 1. delays caused by or within the control of CON- TRACTOR; or 2. delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. B. Nothing in this paragraph'12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom OWNER is responsible. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.0.1 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR: All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access .and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. OWNER shall employ and pay for the services of an ,. u independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals, covered by paragraphs 13.03.0 and 13.03.D bielow; 2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.E shall be paid as provided in said paragraph 13.04.B; and 3. as otherwise specifically provided in .the Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection or approval. D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to OWNER and ENGINEER. 00700 - 34 iK E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. P. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CON- TRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGI- NEER has not acted with reasonable promptness in response 'to such notice. the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER, remove it from the Project and replete it with Work that is not defective. 13.04 Uncovering Work CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of A. If any Work is covered contrary to the written engineers, architects, attorneys, and other professionals and r grist of UMDMM, it leant, if rid by ENGINEER, all court or arbitration or odd r dispute resolution casts) be uncdi+red foi ENGINEER's observation and replaced at 'arising- out of or relating to such correction 'or removal CONTRACTOR's expense. (including but not limited to all costs of repair or replacement of work of others). B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected 13.07 Correction Period or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose, or otherwise make available A. If within one year after the date of Substantial for observation, inspection., or testing as ENGINEER may Completion or such longer period of time as • may be require, that portion of the Work in question, furnishing all prescribed by Laws or Regulations or by the terms of any necessary labor, material, and equipment. If it is found that applicable special guarantee required by the Contract such Work is defective, CONTRACTOR shall pay all Documents or by any specific provision of, the Contract Claims, costs, losses, and damages (Including but not limited Documents, any Work is found to be defective,, or if the to all fees and charges of engineers, architects, attorneys, . and :' repair of any damages to the land or areas :made available for other professionals and all court or arbitration or other CONTRACTOR's use by OWNER or permitted by Laws and dispute resolution costs) arising out of or relating to such Regulations as contemplated in paragraph 6.1 LA Is found to uncovering, exposure, observation, inspection, and testing, be defective, CONTRACTOR shall promptly, without cost and of satisfactory replacement or reconstruction (including to OWNER and in accordance with OWNER's written but not limited to all costs of repair or1replacement of work instructions: (i) repair such defective land or areas, or (H) of others); and OWNER shall be entitled to an appropriate correct such defective Work or, if the defective Work has decrease in the Contract Price. If the parties are unable to been rejected by OWNER, remove it from the Project and agree as to the amount thereof, OWNER may make a Claim replace it with Work that is not defective, and (III) sadsfac- therefor as provided in paragraph 10.05. If, however, such torily corrector repair or remove and replace any damage to Work is not found to be defective,. CONTRACTOR shall be other Work, to the work of others or other land or areas allowed an increase in the Contract Price or an extension of resulting therefrom. If CONTRACTOR does not promptly the Contract Times (or Milestones), or both, directly attribut comply with the terms of such instructions, or in an able to such uncovering, exposure, observation, inspection, emergency where delay would cause serious risk of loss or testing, replacement, and reconstruction. If the parties are damage, OWNER may have the defective Work corrected or unable to agree as to the amount or extent thereof, repaired or may have the rejected Work removed and CONTRACTOR may make a Claim therefor as provided is replaced, and all Claims, costs, losses, and damages paragraph 10.05. (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and 13.05 OWNER May Stop the Work all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that 4. item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph.. 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and .. suspend CONTRACTOR's services related thereto,' take possession of CONTRACTOR's tools, appliances, con- struction equipment and machinery at the Site, and incorpo- rate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNEWs other contractors, and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. C. All Claims, costs, losses, and damages (including ,- 13.08 Acceptance of Defective Work but sat limited to all fees .and . csharges of en®ers, architects; attorneys, and other professionals and all court or A. If, instead of requiring correction or removal and arbitration or other dispute resolution costs) incurred or replacement of defective Work, OWNER (and, prior to sustained by OWNER in exercising the rights and remedies ENGINEER's recommendation of final payment, under this paragraph 13.09 will be charged against CON - ENGINEER) prefers to accept it, OWNER may do so. TRACTOR, and a Change Order will be issued incorporating CONTRACTOR shall pay all Claims, costs, losses, and the necessary revisions in the Contract Documents with �. damages (including but not limited to all fees and charges of respect to the Work; and OWNER shall be entitled to an engineers, architects, attorneys, and other professionals and appropriate decrease in the Contract Price. If the parties are all court or arbitration or other dispute resolution costs) unable to agree as to the amount of the adjustment, OWNER attributable to OWNER's evaluation of and determination to may make a Claim therefor as provided in paragraph 10.05. accept: such. defective Work (such costs to be approved -by. Such claims, costs, losses and damages will include but.not . ENGINEER as to reasonableness) and the diminished value-7 be limited -to all costs of repair, or replacement of vrork'of of:; the;,_Wcaprlr to the extent not otherwise paid-: $y'- :;,: others. destroyed or damaged by correction; .femoval, :or.: CONTRACTOR pursuant to this sentence. If any such replacement of CONTRACTOR's defective Work. acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating D. CONTRACTOR shall not be allowed an extension the necessary revisions in the Contract Documents with of the Contract Times (or Milestones) because of any delay respect to the Work, and OWNER shall be entitled to an in the performance of the Work attributable to the exercise by appropriate decrease in the Contract Price, reflecting the OWNER of OWNER's rights and remedies under this diminished value of Work so accepted. If the parties are paragraph 13.09. unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate ARTICLE 14 - PAYMENTS TO CONTRACTOR AND amount will be paid by CONTRACTOR to OWNER. COMPLETION 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice .from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OWNER" shall proceed expeditiously. In 14.01 Schedule of Values A. The schedule of values established as provided in paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 00700 - 36 .t, 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment'filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting, documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing; ' the , Application for Payment shall also be accompanieil' by a bill of sale, invoice, or other docu- mentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress paymgn received on count of the Work have been appliai.,on . acount to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to pro- gress payments will be as stipulated in the Agreement. B. Review of Applications 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating- in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. 2. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER; based on ENGINEER's observations on the Site of the executed Work as an experienced and qualified design profession- al and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work. is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a. final determination of quantities and classifications; for Unit Price Work. under paragraph 9.08, and to any 'other qualifications stated in the recommendation); and c. the conditions precedent, to CONTRACTOR's beingentitled to such payment appear to have. been MOW in - so far as it is ' ',,ENGINEER's responsibility to observe the Work. ' 3. By recommending any such payment ENGI- NEER will not thereby be deemed to have represented that: (i) inspections made to check the quality or the quantity of the Work as it has been performed have been .exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents; or 00 that there -may not be other matters or issues . between. the parties that might entitle CONTRACTOR to be paid' additionally by OWNER or entitle OWNER to -withhold .' ',. payment to CONTRACTOR. 4. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recom- mending payments nor ENGINEEWs recommendation of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CON- TRACTOR's failure to comply with Laws and Regu- lations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. 5. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to snake the representa- tions to OWNER referred to in paragraph 14.02.11.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, 00700 - 37 revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Written Amendment or Change Orders; �., c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.09; or d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in para- graph 15.02.A. ' C. Payment Becomes Due r 1. Ten days after presentation of the Application ` for Payment to OWNER with ENGINEER's recom- mendation, the amount recommended will (subject to the provisions of paragraph 14.02.D) become due, and when i due will be paid by OWNER to CONTRACTOR. D. Reduction in,Payment . 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR's performance or fur- nishing of the Work; b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWNER to a set-off against the amount recommended; or d. OWNER has actual knowledge of the occur- jence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02.13.5.c or paragraph 15.02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall. promptly pay CONTRACTOR the . amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRAC- TOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's , refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.C.1. 14.03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than. the time of ..M payment flee and clear of all Liens. 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status -of completion. If ENGINEER does not consider the Work substantially'. "' coiliplete, ENGINEER will ' notify' CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Comple- tion ENGINEER will deliver to OWNER and CONTRAC- TOR a written recommendation as to division of responsibili- 00700 - 38 d ties pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior tp Substantial -Completion of all the Work subject to the following conditions. 1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 FiinalImpecdon A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will ' promptly make it final inspection with OWNER and- CONTRACTOR and will notify CON- TRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all main- tenance and operating instructions, schedules, guaran- tees, Bonds;'aertificates or other evidence of insurance. certificates of inspection, marked -up record documents (as provided'in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. 2. ' The final Application for Payment shall be accompanied (except as previously delivered) by: (1) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.04.B.7; (H) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. 3: In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. 00700 - 39 B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final. Appliba;tion for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CON- TRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to OWNER of the Application for Payment and accompanying docu- mentation, the amount recommended by ENGINEER " will become due'and, wl erf dub; Will be paid by OWN- ER to CONTRACTOR, 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement,' and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted. ;by CON- TRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettled Liens, from defective Work appearing after final.,, inspection pursuant to paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the .� Contract Documents; and 2. a waiver of all Claims by CONTRACTOR against OWNER other than those previously made in writing which are still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER. May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CON- TRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, dir.epoy attributable to any such suspension if CONTRACTOR makes a Claim therefor as provided in paragraph:,10^Q.: .. 15.02 OWNER MayTerminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTOR's persistent failure to perform ..- the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or — failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); 2. CON-TRACTOR's disregard of Laws or Regulations of any public body haying jurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate De is -li7 T) N the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machinery at the Site, and use the same to the. full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER. has. paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such ;case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution . costs) sustained -by OWNER hidsing out of or relating to completing the Work, 'such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. Where CONTRACTOR's serviees have been so terminated by OWNER, the terminki6n`wili not- affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.03 OWNER May Terminate For Cbnvenience A. Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair ana reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. for reasonable expenses directly attributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue.. or other economic loss arising out'of or resulting from such termination. 15.04 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 conserve days by OWNER or under an order of court o'r other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it In submitted, or OWNER fails for 30 days to pay CONTRACTOR any sumac finally determined to be due, than CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any othFT, right or remedy, if ENGI- NEER has faded to act on an Application for Payment within 30 days after it is subaiitteui>t OWNER has failed for 30 days to pay CONTRACTOR any sum finally determined to be duo, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of 00700 - 41 ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the " corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the.notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period: If the last. day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 _ Cumulative Remedies A. The dudes and obligations imposed by these General Cotzditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of; any. rights and remedies available to any or all of them which are otherwise . , , .... ..imposed or available by Laws, or. Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as. if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 00700 - 42 EXMIT GC -A to General Conditions of the Agreement Between OWNER and CON- TRACTOR Dated For use with EJCDC No. 1910-8 (1990 ed.) DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions to the Agreement between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relat- ing to the Contract Documents or the breach thereof (except for claims which have been waived by the making or accep- tance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Asso- ciation then obtaining, subject to the limitations of this Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a de- cision after arbitration. proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is accept- able to the parties concerned. No demand for arbitration of any written decision of ENGINEER.rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the r American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten- day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limita- tions. 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGI- NEER's Consultant and the officers, directors, agents, em- ployees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion.of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially in- volved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4 if a claim, dispute or other matter in question between OWNER and CONTRAC- TOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontrac- tor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdic- tion thereof, and it will not be subject to modification or appeal. [The remainder of this page was left blank intentionally.] GC -A 1 16.7. OWNER and CONTRACTOR agree that they shall tion would irrevocably prejudice one of the parties. The first submit any and all unsettled claims, counterclaims, dis- respective thirty and ten day time limits within which to file a putes and other matters in question between them arising out of demand for arbitration as provided in paragraphs 16.2 and 16.3 or relating to the Contract Documents or the breach thereof above shall be suspended with respect to a dispute submitted to ("disputes"), to mediation by The American Arbitration As- mediation within those same applicable time limits and shall sociation under the Construction Industry Mediation Rules of remain suspended until ten days after the termination of the the American Arbitration Association prior to either of them mediation. The mediator of any dispute submitted to mediation initiating against the other a demand for arbitration pursuant to under this Agreement shall not serve as arbitrator of such paragraphs 16.1 through 16.6, unless delay in initiating arbitra- dispute unless otherwise agreed. SUPPLEMENTARY CONDITIONS OF THE AGREEMENT BID NO.06022 SC-1 PRECEDENCE: These supplementary conditions of the Agreement are a supplement and where in conflict, they take precedence over the "Standard General Conditions of the Construction Contract" of this Specification. SC-2 OWNER/ENGINEER: The word "OWNER" in these Specifications shall be understood as referring to the City of La Porte, Texas. The word "ENGINEER" in these Specifications shall be understood as referring to the City Engineer for the City of La Porte, Texas. SC-3 SCOPE OF WORK: The work to be performed under this contract consists of furnishing all materials, labor, supervision, tools, and equipment necessary to complete the work. SC-4 SEQUENCE OF WORK: All work covered by this Contract shall be completed within the number of calendar days designated by the Contractor in the Bid Proposal. SG-6 TIME OF CQMPLETION: The CONTRACTOR shall complete the work as provided in the Contract Documents and within the time limitations described in paragraph SC-4, Sequence of Work, unless otherwise stipulated to proceed. Calendar days shall be computed beginning and inclusive of the first day of the Notice to Proceed. CONTRACTORS shall notify OWNER in writing 48 hours prior to start of construction. The time of completion shall include delivery time of all equipment and materials required to complete the work in conformance with the Drawings and Specifications. SC-6 LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed between the parties hereto that time is of the essence of this Contract, and that for each calendar day of delay beyond the completion date (after due allowance for such extension of time as provided herein) the CONTRACTOR -- shall pay the OWNER as liquidated damages the sum of one hundred dollars ($100.00), it being understood between the parties hereto that such sum shall be treated not as a penalty, but as liquidated damages for loss of revenue to the OWNER. SC-7 GUARANTEE: The CONTRACTOR shall furnish the OWNER with a written guarantee on all workmanship and materials provided by him for the project. The written guarantee shall be made out to the OWNER and in a form satisfactory to the OWNER, guaranteeing all of the work under the Contract to _- be free from faulty materials in every particular, and free from faulty workmanship, and against injury from proper and usual wear; and agreeing to replace or to re -execute without cost to the OWNER such work as may be found to be imperfect or improper, and to make good all damage caused to other required replacement or re -execution. The guarantee shall be made to cover a period of one year from the date of completion of all work under this Contract. This guarantee must be furnished to the OWNER for approval, prior to acceptance and final payment. Neither the final certificate nor payment nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for neglect or faulty materials or workmanship during the period covered by the guarantee. SC-8 MATERIALS AND WORKMANSHIP: No material which has been used by the CONTRACTOR for any temporary purpose whatever is to be incorporated in the permanent structure without written consent by the OWNER. SC-9 SANITARY FACILITIES: The CONTRACTOR shall maintain sanitary facilities at a location satisfactory to the OWNER, for use by the employees of the CONTRACTORS. They shall be well ventilated, but provide proper concealment, and shall be kept scrupulously clean at all times by the CONTRACTOR. The facilities shall be removed and the site restored to its original condition upon the completion of the work. All such facilities shall conform to the requirements of the state and local health authorities, ordinance and law. SC-10 INCONVENIENCES TO THE PUBLIC: It is the declared and acknowledged intent of these specifications that all work such as backfilling of excavations, removing forms, repairs to roads and drives, and clean-up or other such operations shall follow as closely as practical to the laying or installing operations, in such a manner that the public is not unnecessarily inconvenienced nor a hazard to public safety created. Any specific limitation in the technical specifications referring to the control of the "follow- up" operations, such as the minimum distance of unfilled trench allowed behind the excavating operations, shall be strictly enforced. The OWNER or OWNER'S representative will notify the CONTRACTOR if his forces and/or equipment are insufficient to such a degree that the public is unnecessarily inconvenienced and/or a hazard to the public safety is created. The CONTRACTOR, upon notification by the OWNER or OWNER'S representative shall make necessary changes to his forces and/or equipment. SC-11 PERMITS: Permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the CONTRACTOR. Easement, right-of-way and instruments of a permanent nature shall be secured and paid for by the OWNER. CONTRACTOR shall obtain all required -- permits from the City of La Porte and any other affected agency. SC-12 CLEAN-UP: The CONTRACTOR shall at all times keep the site and structures or facilities thereon free from accumulations of waste material, debris or rubbish caused by his employees or work; at the completion of the work he shall remove from the site all his tools, surplus materials, debris, and shall leave the site and his work "broom clean" or the equivalent, unless otherwise noted on the drawings or specified by the OWNER. SC-13 OPERATIONS AND BUSINESS OF THE OWNER: It is of great importance that the OWNER'S operations meet with a minimum of interference resulting from the work requiring by these Contract Documents. The CONTRACTOR shall, therefore, conduct his work in such a manner as to permit these continued operations and so as not to interfere with the business of the OWNER. The CONTRACTOR shall use the route of entry designated by the ENGINEER at the pre -construction meeting and restrict all his vehicle and personnel to this route and to the site. The blocking or hindering of traffic will not be permitted. SC-14 SEPARATE CONTRACTS: The OWNER reserves the right to let other contracts in connection with this work. The CONTRACTOR shall afford other contractors reasonable "-' opportunity for the introduction and storage of their materials and the execution of their work and where required, shall properly connect and coordinate his work with theirs. SC-15 RIGHTS OF VARIOUS INTERESTS: Wherever work being done by the OWNER'S forces or by other contractors contiguous to work covered by this contractor, the respective rights or the various interests involved shall be established by the OWNER or his resident inspector, to secure the completion of the various portions of the work in general harmony. CONTRACTOR shall issue work schedules in conflicting areas as requested by the OWNER or his resident inspector. SC-16 STORAGE OF MATERIALS AND EQUIPMENT: Any material which has deteriorated, become v-, damaged or otherwise unfit for use, shall not be used in the work. Any material or equipment must be stored at a location directed by the ENGINEER at the pre -construction meeting. Upon completion of all work, or when directed by the OWNER, the CONTRACTOR shall remove such storage facilities or equipment form the site. SC47 PUBLIC UTILITY OBSTRUCTIONS: Pipe lines and other existing underground structures in the vicinity of the work are shown on the drawings according to the best information available to the OWNER. The OWNER does not guarantee the accuracy of this information. The CONTRACTOR shall make every effort to locate all underground utilities by prospecting in advance of trench excavation. The cost of repair of existing utilities damaged by the CONTRACTOR shall be borne by the CONTRACTOR, and shall be scheduled so as to cause the least possible inconvenience to the public. Any delay or extra cost to the CONTRACTOR caused by pipe lines or other underground structures or obstructions not shown on the plans or found in different locations than those indicated, shall not constitute a claim for extra work, additional payments, or damages. SC-18 SUBLETTING THE WORK: The CONTRACTOR shall perform with his own organization and with the assistance of workmen under his immediate supervision, work not less than fifty percent (50%) of the -- value of all work embraced in the Contract exclusive of items not commonly found in contracts for similar work or which requires highly specialized knowledge, craftsmanship and/or equipment not ordinarily available in the organizations of the contractor's performing work of the character embraced in the Contract. No portion of the work covered by these specifications and materials, shall be sublet without written permission from the OWNER. If the CONTRACTOR sublets any part of the work to be done under this Contract, he will not under any circumstances be relieved of his responsibility and obligations. All transactions of the OWNER will be with the CONTRACTOR. Subcontractors will be considered only in the capacity of employees and/or workers and shall be subject to the same requirements as to character, competency, wages and hours. The OWNER will not recognize any subcontractor on the work. The CONTRACTOR shall at all times, when the work is in operation, be represented either in person or by a qualified superintendent or other designated representative. A complete list of subcontractors must be submitted within ten (10) days after start-up. SC-19 PROTECTION OF EXISTING FACILITIES: The CONTRACTOR shall use construction -- equipment, labor, or techniques to insure that existing facilities such as but not limited to, existing utilities are not damaged. A careful pre -construction inspection of existing facilities will be made with the OWNER and the CONTRACTOR. SC-20 PROTECTION OF TREES AND SHRUBS: Any trees, shrubs, plants, or ornamental growth within the right-of-way, not directly interfering with the construction of the road bed, sidewalks, driveways or sewer shall be protected from damage by the CONTRACTOR. Any tree, shrub, plant or ornamental growth that interferes with the construction of the roadway, sewers, sidewalks or driveways shall be relocated to a location satisfactory to the adjoining property owner outside of the street right-of-way. Large trees not conducive to moving shall be removed and disposed. SC-21 PROJECT SCHEDULING: CONTRACTOR shall coordinate all work with OWNER. SC-22 WATER FOR CONSTRUCTION AND TESTING: CONTRACTOR may obtain water for .. construction and testing from the City of La Porte at his cost. A construction meter will be provided at no cost to the CONTRACTOR for the duration of construction. SC-23 OPERATION OF EXISTING FACILITIES: The City of La Porte shall operate all existing facilities (i.e., lift stations, valves, fire hydrants) during construction. SC-24 OWNER'S PROPERTY INSURANCE: Owner shall not be required to provide any additional property insurance coverage under this contract. SC-25 REQUIRED CONTRACTOR INSURANCE: CONTRACTOR shall obtain insurance as detailed. Each policy obtained by the CONTRACTOR for work with this contract, with exception of the Worker's -- Compensation policy, shall name the OWNER and the ENGINEER as an additional insured. The coverage and amounts designated are minimum requirements and do not establish limits of the contractor's liability. Additional coverage may be provided at the CONTRACTOR'S option and expense. Insurance must include: General Liability: Commercial General Liability -- General Aggregate $1,000,000.00 Personal Injury $1,000,000.00 Each Occurrence $1,000,000.00 Automobile Liability: Combined Single Limit $1,000,000.00 - Excess Liability: Umbrella Each Occurrence $1,000,000.00 Each Aggregate $1,000,000.00 Worker's Compensation: A. Definitions: -- 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. Duration of the project - includes the time from the beginning of the work on the project until the contractor's work on the project has been completed and accepted by the OWNER. Persons providing services on the project - 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 has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to the project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. 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 of the contractor providing services on the project, for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the contract. D. 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 OWNER showing that coverage has been extended. E. The CONTRACTOR shall obtain from each person providing services on the project, and provide the OWNER: (1) a certificate of coverage, prior to that person beginning work on the project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven (7) 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. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one (1) year thereafter. G. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provisions of coverage of any persons providing services on the project. H. The CONTRACTOR shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on the Project, to: (1) provide coverage, based on proper reporting of classification codes and payroll r amount 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 of the Project; (4) obtain from each other person with whom it contracts, and provide 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 ends during the duration of the Project. (5) retain all required certificates of coverage on file for the duration of the Project and for one (1) year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provisions of coverage of any person providing services on the Project; and (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 service. J. By signing this contract, the CONTRACTOR is representing to the OWNER that all employees of the 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 Regulations. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, or other civil action. K. The CONTRACTOR'S failure to comply with any of these provisions is a breach of contract by the CONTRACTOR which entitles the OWNER to declare the Contract void if the CONTRACTOR does not remedy the breach within ten (10) days after receipt of notice of breach from the City. The CONTRACTOR shall be responsible for insurance to cover equipment, tools, materials, supplies, etc. used in the performance of work, owned or rented, the capital value of which is not included in the cost of this Contract. Insurance policies are to be written by companies authorized to do business under the laws of the State of Texas and on forms approved by the Insurance Commission of the State of Texas. The CONTRACTOR shall provide the OWNER a copy of all insurance policies. All of the insurance required to be carried by the CONTRACTOR shall be by policies which shall require on their face, or by endorsement, ten (10) days written notice to the OWNER before they may be cancelled and within which ten day period the CONTRACTOR covenants that it will provide other suitable policies in lieu of those about to be cancelled so as to maintain in effect the coverage required under the provisions hereof. Failure or refusal of the CONTRACTOR to obtain and keep in force the above required insurance coverage shall authorize the OWNER, at its option, to terminate this contract at once. The CONTRACTOR shall indemnify and save harmless the OWNER, its officers, employees, and agents from all claims and liability due to the activities of itself, its agents, or employees performed under this contract and which result from an error, omission, or negligent act of the CONTRACTOR or of any person employed by the CONTRACTOR. The CONTRACTOR shall indemnify and save harmless the OWNER from any and all expenses, including attorney fees, which might be incurred by the OWNER in litigation or otherwise resisting said claims or liabilities which might be imposed on the OWNER as a result of such activities by the CONTRACTOR, his agents, or employees. SC-26 QUALIFICATIONS FOR SURETIES ISSUING BONDS: As required by City of La Porte Ordinance No. 1773, approved July 22, 1991, corporate sureties issuing payment and performance bonds payable to the City of La Porte on public works projects shall meet all of the following criteria: The surety company must be authorized to do business in the State of Texas, which authorization must be recorded in the files of the Texas State Board of Insurance; b. The surety company must be an approved surety company listed in the current United States Department of Treasury list of approved corporate sureties for payment and performance bonds for federal jobs, including specifically the rules to underwriting limitation; �. C. The surety company must be authorized to issue payment and performance bonds in the amount required for the Contract, which authorization must be recorded in the files of the Texas State Board of Insurance; ® d. The person executing the Payment and Performance Bonds must be a licensed Texas local recording agent and such licensing must be recorded in the files of the Texas State Board of Insurance; and e. The person executing the Payment and Performance Bonds must be authorized by the surety company to execute performance and payment bonds on behalf of the company in the amount required for the Contract and such authorization must be recorded in the files of the State Board of Insurance. f. Failure to meet the criteria for acceptability of surety company issuing Payment and Performance Bonds will result in the disqualification of the bid. g. The Payment and Performance Bonds shall remain in effect at least one year beyond final acceptance of work under the Contract by the Owner. SC-27 RETAINAGE: If the total Contract price is greater than $400,000.00, five percent (5%) of the total contract price will be retained until final payment as described below. If the total Contract price is less than $400,000,00, ten percent (10%) of the total contract price will be retained until final payment as described below. On or before the tenth (10th) day of the month, the CONTRACTOR shall prepare and submit to the ENGINEER for approval or modification a statement showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on the site of the work that are to be fabricated into the work. For total Contract prices (Base Bid) greater than $400,000.00, the OWNER shall then pay the CONTRACTOR on or before the fifteenth (15th) day of the following month of the following month the amount of the approved statement, less five percent (5%) of the amount thereof, which shall be retained until final payment, and further less all previous payments and all further sums that be retained by the OWNER under the terms of the Agreement. For total Contract prices (Base Bid) less than $400,000.00, the OWNER shall then pay the CONTRACTOR on or before the fifteenth (15th) day of the following month of the following month the amount of the approved statement, less ten percent (10%) of the amount thereof, which shall be retained until final payment, and further less all previous payments and all further sums that be retained by the OWNER under the terms of the Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER'S option, may be relieved of the obligation to fully complete the work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the Contract subject to those conditions under the General Conditions, Article 14, Payments to -- CONTRACTOR and completion. SC-28 PREVAILING WAGES: The CONTRACTOR and his subcontractors shall expressly comply with Article 5159A, Revised Civil Statutes of Texas, 1925, commonly known as, "The Prevailing Wage Act" including the latest provisions. Not less than the minimum prevailing wage for the Harris County area as attached at the end of these supplementary conditions shall be paid for labor which is employed by the CONTRACTOR and his subcontractors for execution of this contract. The CONTRACTOR and his subcontractors shall keep accurate records of the names, wage classifications, and hourly wages paid to each worker employed on this project. These records shall be open to inspection by the OWNER. SC-29 CONTRACT INTERPRETATION AND WORK ACCEPTABILITY: The Engineer will be the final interpreter of the requirements of the contract documents and sole judge of the acceptability of work thereunder. SC-30 DISPUTE RESOLUTION METHODS AND PROCEDURES: ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than 30 days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within 45 days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within 30 days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. The Engineer's rendering of a formal decision shall be a condition precedent to further dispute resolution actions. Mediation: Any Claim arising out of or related to the Contract may, by mutual agreement between the parties, and -- after initial decision by the ENGINEER, be subject to mediation. By mutual agreement, the parties may endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association. 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 mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Arbitration: Any Claim arising out of or related to the Contract shall, after initial decision by ENGINEER, be subject to -- arbitration. Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association, and a copy shall be filed with the ENGINEER. A demand for arbitration shall be made within 30 days after the ENGINEER's decision, -- or within 14 days after the final mediation proceedings, if both parties mutually agree to mediation. Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract shall include, by consolidation or joinder or in any other manner, the ENGINEER, the ENGINEER'S employees or consultants, except by written consent containing specific reference to the Agreement and signed by the ENGINEER, OWNER, CONTRACTOR or any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or any other manner, parties other than the -- OWNER, CONTRACTOR, and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the OWNER, CONTRACTOR shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a Claim not described therein or with a person or entity not described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. Claims and Timely Assertion of Claims. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. *END* ITEM I — SUBMITTALS A. Product submittals shall include the following, and shall be submitted to the Public Works Director prior to proceeding with any surface preparation. 1. Technical product data, including brand name and manufacturer for each product. Provide laboratory test results verifying the cements 28-day — compressive strength in accordance with ASTM C-39 or ACI 318. 2. The manufacturer shall provide satisfactory test results that demonstrate conformance to ASTM C 267. Chemical resistance of Mortars, Grouts and Monolithic Surfaces. 3. Documentation of product compatibility between cement liner and chemical resistant epoxy coating. 4. Provide a list of similar sewer manhole rehabilitation projects within the last - five years where these products have been applied. Include Owner, Engineer and project date. ITEM II — SURFACE PREPARATION A. The floor and interior walls of the manhole to be sealed shall be clean and free of all deleterious material including dirt, grease and debris or matter clinging to the wall or bottom surface of the manhole. High pressure water, at a minimum force of 3,500 psi shall be used for this purpose. If required, detergent and/or muriatic acid shall be used to remove grease, oil and other matter that would prevent a good bond between the existing manhole wall and the approved rehabilitation materials. Surface preparation shall meet the requirements of the manufacturer's I contractor's recommendations. B. Active leaks in the manhole structure shall be stopped by using a mixture of hydraulic cement or other suitable approved products. All loose or defective wall material shall be chiseled away and the surface wiped or brushed clean prior to the -- application of the above materials. Lead wool may also be used to plug large leaks. In some cases, it may be necessary to drill weep holes at the bottom of the manhole wall to relieve hydrostatic pressure in order to stop the leaks. These pressure relief holes shall be plugged with any approved material, as per a contractor's recommendation. C. When wide cracks, holes, or disintegrated mortar are found in a manhole, an — approved material shall be used for repair. All applications shall be as per the manufacturer's/contractor's published recommendations and suggested procedures. After all active leaks have been stopped, the walls shall be readied -- for the application of the selected method of rehabilitation as described in per relevant section. D. All loose concrete or brick shall be captured and removed from manhole after pressure washing is completed. Materials shall be disposed of from the site not less often than once at the end of each work day. The contractor will be responsible for the disposal of materials removed from the sewer system. All work r performed for cleaning and removal of loose debris shall be considered as a cost incidental to manhole rehabilitation. TS-1 - ITEM III — CEMENT LINER All "droppings" of foreign and wall sealant materials on the bottom the manhole, if not intercepted above the floor, shall be removed before they harden and shall not be allowed to enter into the sewer pipe. Where manhole invert reshaping is required, it shall be done prior to the manhole wall sealing work. The cleaned manhole benches shall be rehabilitated with the same material as listed in the relevant section at a cost incidental to Manhole Rehabilitation. The manufacturer's / contractor's published technical specifications and recommendations for surface preparation, application and proportioning, etc. shall be strictly followed by the Contractor. A copy of the manufacturer's / contractor's data shall be provided to the Engineer for approval and modifications, if required. ✓ The Contractor shall clean the existing manhole and seal the active leaks in the manhole structure in accordance with applicable section. The manhole walls shall be rehabilitated / reconstructed by the following method: Concrete with a minimum liner thickness of one (1) inch, finished to a smooth and v even surface with a steel trowel. Concrete shall contain Type 1 cement, "fume silica" and polypropylene fibers with the following physical properties: Physical Properties Concrete Test Method Results Minimum * Cement ASTM C150 Type I * Compressive Strength ASTM C495/C39 1 day: 3,000 psi 3 days: 3,500 psi 7 days: 4,000 psi 28 da s:5,000 psi * Tensile ASTM C496 90 days: 500 psi * Flexural ASTM C78 90 days: 680 psi * Sulfate Resistance ASTM C267 No attack;in90da s * Water/Cement Ratio .36 max. * Bond ASTM C321 150 psi * Slump 5 inches * Fume Silica Silicon Dioxide 20% by weight Physical Properties (Fibers) Material Polypropylene Size 3/4 inch Specific Gravity 0.91 Absorption None Tensile Strength 70-110 ksi Modulus of Elasticity 500 ksi Melt Point 160 C Flash Point 0.91 500 C Density 3 Ib./c. . TS-2 Acceptable Products: 1. Strong seal MS-2 products as manufactured by Strong Systems, Pine Bluff, Arkansas. 2. Reliner MSP as manufactured by Standard Cement Materials., Houston, Texas. 3. Force 10,000 Microsilica as manufactured by W. R. Grace Company, Connecticut. 4. An approved equal. Measurement: The work will be measured by the vertical feet of manhole wall sealed which was included on a work order issued by the Engineer. Application to trunk sewer boxes will be measured by square feet. Payment: All work performed and measured as provided under "Measurement' will be paid for at the unit price bid for furnishing all labor, tools, equipment, and incidentals necessary to complete the work. Warranty: The contractor shall guarantee the work to be free of defects from one year �- from the date of final project acceptance by the Owner. The contractor will repair all defects in materials or workmanship which may develop during the one year period at no cost to the Owner. TS-3 ITEM IV — HIGH BUILD EPDXY COATING Surface preparation shall strictly conform to manufacturer's printed recommendations and all applicable ASTM, NACE and SSPC guidelines. Water blasting or abrasive blasting shall be utilized as required to achieve recommended anchor profile. All manholes shall be inspected before epoxy application. In some instances a where a cementitious liner �- has been previously applied, and found to be sound, an additional "splash coat" of cement liner shall be applied to give a clean unfouled surface for epoxy application. Surface preparation shall be considered incidental to epoxy coating application. Protective epoxy coating shall be 100% solids, and moisture tolerant. Application procedures shall conform to the recommendations of the coating manufacturer. Epoxy to be spray applied to acheive a uniform film thickness of 40 to 60 mils DFT. The coating shall be holiday free. All manholes will be inspected the same day by contractor's on -site supervisor and Owner's representative to ensure no defects exist that may affect coating performance. Physical Properties Epoxy Test Method Results Minimum Adhesion wet concrete ASTM D 4541 1400 * Compressive Strength ASTM D 579 8340 psi Abrasion Resistance ASTM D 4040 38 psi Water Permeation ASTM D 1653 .033 psi Water Absorption ASTMD 570 0 % Acceptable Products: Standard / Mainstay DS-4 Epoxy, as manufactured by Madewell Corporation of Woodstock, Georgia. 2. Raven 400 Epoxy, as manufactured by Raven Lining Systems of Tulsa, Oklahoma. 3. An approved equal ,., Measurement: The work will be measured by the vertical feet of manhole wall sealed which was included on a work order issued by the Engineer. Application to trunk sewer boxes will be measured by square feet. Payment: All work performed and measured as provided under "Measurement" will be paid for at the unit price bid for furnishing all labor, tools, equipment, and incidentals necessary to complete the work. Warranty: The contractor shall guarantee the work to be free of defects from one year from the date of final project acceptance by the Owner. The contractor will repair all defects in materials or workmanship which may develop during the one year period at no cost to the Owner. TS-4 La Porte Police Department 915 South 81h Street La Porte, Texas 77.571 281-471-3810 Fax: 281-470-1590 09/05/2006 To: Debra Feazelle From: Richard Reff Subject: Ad Hoc Committee on Meet and Confer In the last Council Meeting the following Council members indicated a willingness to serve on an ad hoc committee to review the Meet and Confer Law and present a recommendation to Council regarding this issue. Councilman Mike Clausen — A Re✓ wt46 Councilman Tommy Moser Councilman Berry Beasely Councilman Chuck Engelken Councilman Mike Mosteit As directed I will attempt to facilitate this meeting and Sharon Harris will serve as the Secretary for these meetings. In order to facilitate the meetings regarding Meet and Confer I am attaching some documents so that Councilmen may be able to understand what this change in the Local Government Code, Chapter 142 Subsection B entails. These changes effect sections 142.051 through 142.068 of the Local Government Code and was passed as HB 304 and HB 2892 and was made effective as of 09/01 /2005. These attachments should allow you to understand the Meet and Confer law and the responsibility of all of the parties. I have provided the following: 1. Print out from TML Online regarding what meet and confer will and will not do. 2. A copy of the final version the bill as published in the Local Government Code Chapter 142. 3. A copy of the overview as presented by Officer Novasad, current President of the La Porte Police Officer's Association, prepared by CLEAT on the Meet and Confer Issue. The last item was provided to the Council when the issue was brought before the council on July 24, 2006. A packet was also made available to the Council of which I will have a copy for the Committee upon our meeting. The first issue that must be cleared up is that the La Porte Police Officers Association (LPPOA) consists of members of the Police Department who are affiliated with one of the two State Associations, the Texas Municipal Police Association (TMPA) and the Combined Law Enforcement Association of Texas (CLEAT). Presently, as stated, Matt Novasad is the President Debra Fae=elle Richard E. Reff Aaron Corrales City Manager Chief of Police Assistant Chief of Police of the La Porte Police Officers Association, our local organization, and Jerome Mckown is now serving as President of the State TMPA organization. It can be confusing, but the issue of Meet and Confer is with the local association or LPPOA. What is apparently in some disagreement is which State organization will speak for the LPPOA, not the issue of Meet and Confer. The first thing that must be determined is who is the `Association'. The law under 142.052 defines the "police officer association' means an employee organization in which police officers employed by the municipality participate that exists for the purpose, on whole or part, of dealing with the municipally ... concerning grievances, labor disputes, wages, rates of pay, hours of work, or conditions of work affecting police officers. This means that the Association has to be an employee organization, in this case the LPPOA. Under 142.060 (b) the law indicates who can be bargaining agent for the association and that can be one or more representatives to negotiate or bargain on the associations behalf. This is where some people may be confused in thinking that the representative could be a representative from one of the State organizations; however, 142.060 (c) clearly indicates that a municipalities bargaining unit is composed of all the police officers of the municipality who are not the head of the law enforcement agency or exempt under Section 142.058 (b) [Appointed by the Chief]. This does not preclude TMPA or CLEAT representatives as coming in as "advisors" and that is apparently the issue among the members, not the meet and confer process. CLEAT's handout pretty well outlines the elements of meet and confer. The key issue is that once the Association, LPPOA, submits a petition that is signed by the majority of the non- exempt officers, everyone except Assitant Chief Corrales and myself. The Council has 30 days to do one of the following: 1. The Council may recognize the Associations petition and grant recognition of the Association as the police officers bargaining unit and not have to conduct a election by voters. 2. The Council may defer recognition and order an election by the voters regarding whether or not the City may meet and confer with the Association. 3. The Council may order a certification election under section 142.054 of the Local Government Code to determine whether the Association represents the majority of the affected police officers. If the Council opts for selection 3 and by doing so it determines by certified election that the Association does represent the majority of police officer affected, then they within 30 must go through option 1 or 2. Either path the Council will have to accept it or take it before the voters. In the meetings we will look at each section of the law as attached to ensure everyone understands the implication or application of meet and confer. Officer Matt Novasad as the LPPOA President will also serve on the committee to provide input from the perspective of the LPPOA. I will additionally ask one of the City Attorney's to attend to answer any legal issues. These meetings will be open to the public and posted. THE MEET AND CONFER BILLS: WHAT THEY DO AND WHAT THEY DON'T DO Page 1 of 2 Legislative Services Click Here CONFERTHE MEET AND 1 • AND ' • • The legislature recently passed H.B. 304 and H.B. 2892, which grant certain cities the discretion to meet and confer with police and/or fire associations. The following is a brief summary of the bills, which have been signed by the governor and will become effective on September 1, 2005. The bills apply to any city with a population of 50,000 or more and to cities that have adopted Chapter 143 of the Local Government Code (fire/police civil service), except that the bills do not apply to cities that have adopted Chapter 174 of the Local Government Code (collective bargaining), nor to Austin, Houston, or Dallas. If a municipal governing body receives a petition from a police or fire association signed by a majority of the members requesting recognition as their sole bargaining agent, the governing body shall either: . recognize the association and authorize itself to meet and confer with the association; or . order a certification election on the question of whether the association represents a majority of the affected police or fire personnel, or . order an election by the city's voters on the question of whether the association and the city may meet and confer. If the council opts for a certification election and that election reveals that the association does in fact represent a majority of the police or fire personnel, the governing body shall either: . recognize the association and authorize itself to meet and confer with the association; or . order an election by the city's voters on the question of whether the association and the city may meet and confer. If the city council calls for an election of the people: a. the election must be held at the next regularly scheduled election for municipal officials; and b. there may not be another election on the same topic for at least two years. http://www.tml.org/leg_updates/legis_update062105d—meet.htm 7/17/2006 THE MEET AND CONFER BILLS: WHAT THEY DO AND WHAT THEY DON'T DO Page 2 of 2 Neither a public employer nor a police or fire association is required to meet and confer, even if authorized by a popular vote. The bills prohibit strikes by police and/or fire personnel. If a city and a police fire association meet and confer, they may discuss wages, salaries, hours of work, and other terms and conditions of employment. A meet and confer agreement must be in writing and is binding only after both the municipal governing body and the recognized association ratify the agreement. While an agreement is in effect, there may be no popular election to adopt Chapter 143 (civil service) or Chapter 174 (collective bargaining). A municipal governing body that grants itself the authority to meet and confer may withdraw that authority and notify the police or fire association that any written agreement will not be renewed. A municipal governing body that was granted authority to meet and confer through a popular vote may, after two years, call for an election to determine if the governing body may continue to meet and confer. TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League. Back to Legislative Update Index LEGISLATIVE SERVICES I HOME I TEXAS LEGISLATURE ONLINE I ©2005 Texas Municipal League Austin, Texas (512) 231-7400 hlftp://www.tml.org/leg_updates/legis—update062105d—meet.htm 7/17/2006 PUBLIC OFFICERS & the fire depart= re department whop by Sech0, = ,i sonneP' P the police deparrirr police department;, :ace officer by the Standards and 141 M4 , p § 2, eff. Aug 28,1 h. 1420, § 12.1032, u ,. a member of "- y may grant the the person toe nurse of study rela Ay. to continue revel i alth and life ins credit, while on 1 )erson pays both share of the cost o �,. arson shall recerg spent on leave„ ch. 853, § 1, eff.' ;3 for C ensation ment Officer$" ;es r to a municipah lore that has not air Labor Stan„ )1 et seq.), a m establish i systems or compensatory ked by the foll unicipality's Police ,. has a rank above, pointment to ► - sed at least in P ,_ office performance on a competitive examination; or _ (2) a civi�han who receives a salary greater than the lowest base salary that the municipality pays a captain and whos appointment to the civilian's current position was et based at least in part on the civilian's performance`a� a competitive examina- tion. Added by Acts 2001, 77th Leg., ch. 92$, § 1, eff. Sept. 1, Zdtll." Section 2 of Acts 2001, 77th Leg., ch. 928 provide. !This'Act takes effect September 1, 2001. The chan ,fin law made jy this Act applies beginning with the first full pay period t begins un=or after that date." �42,013. Business Leave Time Account for Po lice Officers in Certain Municipali- F r � ties ' ;This. section applies only to police officers, em- ,ed; by a \Yuncipality with a population of one 'on or more` that has not adopted Chapter 174 and Section 43.1261 does not apply. �In this secti (1 }."Business 1 ave" means leave taken for the - se of atten ' to the business of an employee � tion. "Employee org ' ation" includes: f' y� the Texas Peace fficers Association; ), the Dallas Police sociation; ,the Dallas Fratern Order of Police; and the Latino Peace 0 ers Association. ce officer may don to not more than two " "each month of ace ulated vacation or tort' time to the busine leave time account SUBCHAPTER B. LOCAL CONTROL OF PO- LICE OFFICER organization. Th municipality shall LICE OFFICE EMPLOYMENT MA ER l and_:maintain a business ave time account IN CERTAIN M ployee organization. Acts 2005, 79th Leg., ch, 1193, § ,2 police officer must authorize the donation in added this subchapter. ;form provided by the emp ee organza- § 141051. Applicability ,Proved by the municipality. r receiv- ed' authorization on an approv form the (a) Except as provided by Subsection (b), this sub- chapter applies only to a municipality the municipality receives the lice offi- (1) with a population of 50,000 or more; or ovation of the authorization. (2) that has adopted Chapter 143. Police officer who is a member of an (b) This subchapter does not apply to a municipality on may use for business cave that: dune donated to the account of at (1) has adopted Chapter 174; nzation• A police officer may use r (2) is covered by Subchapter H, I, or J, Chapter Aerposes the time donated under 143; or 251 EMPLOYEES § 142.051 section without receiving a reduction in salary and without imbursing the municipality. (f) A re uest to use for business leave purposes the time in an ployee organization's time account must be in writin nd submitted to the municipality by the president or a equivalent officer of the employee organization or y that officer's designee. (g) The mum c ality shall :grant a request for busi- ness leave that c plies with Subsection (f) unless: (1) denial of th request is necessary because of an emergency; or (2) a grant of the equest will result in having an insufficient number o police officers to carry out the normal functions of he municipality. (h) The municipality sh account for the time do- nated to the account and us from the account. The municipality shall credit and ebit the account on an hour -for -hour basis regardless the cash value of the time donated or used. (i) An employee organization in not use for busi- ness leave purposes more than 4, 0 hours from its business leave time account under is section in a calendar year. This subsection does of prevent an employee organization from accumula g more than 4,000 hours, but only addresses the to number of donated hours that an employee organza n may use in any calendar year. Q) The use of business leave by a polic officer under this section is not a break in service r any purpose and is treated as any other paid leave. Added by Acts 2003, 78th Leg., ch. 447, § 1, eff. Jun 20, 2003. § 142.051 LOCAL GOVERNMENT CODE (3) has a population of one million or more and has not adopted Chapter 143. Added by Acts 2005, 79th Leg., ch. 1193, §" 2, eff. Sept. 1, 2005. § 142.052. Definitions In this subchapter: (1) "Police officer" means a person who is a peace officer under Article 2.12, Code of Criminal Proce- dure, or other • law, and who is employed by a municipality. (2) "Police officers association' means an employ- ee organization in,,which police officers employed by a municipality participate that exists for the pur- pose, in whole or in part, of dealing with the munici- pality or public employer concerning grievances, labor, disputes, wages, rates of pay, hours of work, or conditions of work affecting police officers. (3) "Public employer" means a municipality or a law enforcement agency of the municipality that is required to establish the wages, salaries, rates of pay, hours of work, working conditions, and other terms and conditions of employment of police offi- cers employed by the municipality. Added by Acts 2005, 79th Leg., ch. 1193, § 2, eff. Sept. 1, 2005. § 142.053. Petition for Recognition: Election or Action by Governing Body (a) Not later than the 30th day after the date the governing body of a municipality receives from a police officers association a petition signed by the majority of all police officers, excluding the head of the law enforcement agency for the municipality and excluding the employees exempt under Section 142.058(b), that requests recognition of the association as the sole and exclusive bargaining agent for all the police officers employed by the municipality, excluding the head of the law enforcement agency for the munic- ipality and excluding the exempt employees, the gov- erning body shall: (1) grant recognition of the association as re- quested in the petition and determine by majority vote that a public employer may meet and confer under this subchapter without conducting an elec- tion by the voters in the municipality under Section 142.055; (2) defer granting recognition of the association and order an election by the voters in the municipal- ity under Section 142.055 regarding whether a pub - 252 lie employer may meet and confer under this sub- chapter; or (3) order a certification election under Section 142.054 to determine whether the association repre- sents a majority of the affected police officers. (b) If the governing body of a municipality orders a certification election under Subsection (a)(3) and the association named in the petition is certified to repre- sent a majority of the affected police officers of the municipality, the governing body shall, not later than the 30th day after the date that results of that election are certified: (1) grant recognition of the association as re- quested in the petition for recognition and deter- mine by majority vote that a public employer may meet and confer under this subchapter without con- ducting an election by the voters in the municipality under Section 142.055; or (2) defer granting recognition of the association and order an election by the voters in the municipal- ity under Section 142.055 regarding whether a pub- lic employer may meet and confer under this sub- chapter. Added by Acts 2005, 79th Leg., ch. 1193, § 2, eff. Sept. 1, 2005. § 142.054. Certification Election (a) Except as provided by Subsection (b), a certifi- cation election ordered under Section 142.053(a)(3) to determine whether a police officers association repre- sents a majority of the covered police officers shall be conducted according to procedures agreeable to the parties. (b) If the parties are unable to agree on procedures for the certification election, either party may request the American Arbitration Association to conduct the election and to certify the results of the election. (c) Certification of the results of an election under this section resolves the question concerning represen- tation. (d) The association is liable for the expenses of the certification election, except that if two or more associ- ations seeking recognition as the sole and exclusive bargaining agent submit a petition signed by at least 30 percent of the police officers eligible to sign the petition for recognition, all the associations named in PUBLIC OFFICERS AND EMPLOYEES any petition shall share equally the costs of the elec- tion. Added by Acts 2005, 79th Leg., ch. 1193, § 2, eff. Sept. 1, 2005. § 142.055. Election to Authorize Operating Under This Subchapter (a) The governing body of a municipality that re- ceives a petition for recognition under Section 142.053 may order an election to determine whether a public employer may meet and confer under this subchapter. (b) An election ordered under this section must be held as part of the next regularly scheduled general election for municipal officials that is held after the date the governing body of the municipality orders the election and that allows sufficient time to prepare the ballot in compliance with other requirements of law. (c) The ballot for an election ordered under this section shall be printed to permit voting for or against the proposition: "Authorizing (name of the municipality) to operate under the state law allow- ing a municipality to meet and confer and make agreements with the association representing munici- pal police officers as provided by state law, preserving the prohibition against strikes and organized work stoppages, and providing penalties for strikes and organized work stoppages." (d) An election called under this section must be held and the returns prepared and canvassed in con- formity with the Election Code. (e) If an election authorized under this section is held, the municipality may operate under the other provisions of this subchapter only if a majority of the votes cast at the election favor the proposition. _ (f) If an election authorized under this section is held, an association may not submit a petition for recognition to the governing body of the municipality under Section 142.053 before the second anniversary of the date of the election. Added by Acts 2005, 79th Leg., ch. 1193, § 2, eff. Sept. 1, 2005. § 142.056. Change or Modification of Recognition (a) The police officers may modify or change the recognition of the association granted under this sub- chapter by filing with the governing body of the municipality a petition signed by a majority of all covered police officers. (b) The governing body of the municipality may: § 142.058 (1) recognize the change or modification as pro- vided by the petition; or (2) order a certification' election in accordance with Section 142.054 regarding whether to do so. Added by Acts 2005, 79th Leg., ch. 1193, § 2, eff. Sept. 1, 2005. § 142.057. Strikes Prohibited (a) A police officer employed by a municipality may not engage in a -strike or organized work stoppage against this state or the municipality. (b) A police officer who participates in a strike forfeits any civil service rights, reemployment rights, and other rights, benefits, or privileges the police officer may have as a result of the officer's employ- ment or prior employment with the municipality. (c) This section does not affect the right of a person to cease work if the person is not acting in concert with others in an organized work stoppage. Added by Acts 2005, 79th Leg., ch. 1193, § 2, eff. Sept. 1, 2005. 253 § 142.058. Recognition of Police Officers Associa- tion (a) A public employer in a municipality that chooses to meet and confer under this subchapter shall recog- nize an association that is recognized under Section 142.053 or 142.054 as the sole and exclusive bargaining agent for the covered police officers described in the petition for recognition, excluding the head of the law enforcement agency and excluding the employees ex- empt under Subsection (b), in accordance with this subchapter and the petition. (b) For the purposes of Subsection (a), exempt em- ployees are the employees appointed by the head of the law enforcement agency of the municipality under Section 143.014 or that are exempt by the mutual agreement of the recognized police officers association and the public employer. (c) The public employer shall recognize the police officers association until recognition of the association is withdrawn, in accordance with Section 142.056, by a majority of the police officers eligible to sign a petition for recognition. Added by Acts 2005, 79th Leg., ch. 1193, § 2, eff. Sept. 1, 2005. § 142.059 LOCAL GOVERNMENT CODE § 142.059. General Provisions Relating to Agree- ments (a) A municipality acting under this subchapter may not be denied local control over the wages, sala- ries, rates of pay, hours of work, or other terms and conditions of employment to the extent the public employer and the police officers association recognized as the sole and exclusive bargaining agent under this subchapter agree as provided by this subchapter, if the agreement is ratified and not withdrawn in accor- dance with this subchapter. Applicable statutes and applicable local orders, ordinances, and civil service rules apply to an issue, not governed by the meet and confer agreement. (b) A meet and confer agreement under this sub- chapter must be written. (c) This subchapter does not require a public em- ployer or a recognized police officers association to meet and confer on any issue or reach an agreement. (d) A public employer, and the recognized police officers association may meet and confer only if the association does not advocate an illegal strike by public employees. (e) While a meet and confer agreement under this subchapter between the public employer and the rec- ognized police officers association is in effect, the public employer may not accept a petition, with regard to the police officers of the municipality requesting an election to adopt: (1) municipal civil service under Chapter 143; or (2) collective bargaining under Chapter 174. Added by Acts 2005, 79th Leg., ch. 1193, § 2, eff. Sept. 1, 2005. § 142.060. Selection of Bargaining Agent; Bar- gaining Unit (a) The public employer's chief executive officer or the chief executive officer's designee shall select one or more persons to represent the public employer as its sole and exclusive bargaining agent to meet and confer on issues related to the wages, hours of em- ployment, and other terms and conditions of employ- ment of police officers by the municipality. (b) A police officers association may designate one or more persons to negotiate or bargain on the associ- ation's behalf. (c) A municipality's bargaining unit is composed of all the police officers of the municipality who are not the head of the law enforcement agency or exempt under Section 142.058(b). Added by Acts 2005, 79th Leg., ch. 1193, § 2, eff. Sept. 1, 2005. § 142.061. Protected Rights of Police Officer (a) For any disciplinary appeal, a member of the municipality's bargaining unit may be represented by the police officers association or by any person the member selects. (b) A meet and confer agreement ratified under this subchapter may not interfere with the right of a member of a bargaining unit to pursue allegations of discrimination based on race, creed, color, national origin, religion, age, sex, or disability with the Texas Workforce Commission civil rights division or the federal Equal Employment Opportunity Commission or to pursue affirmative action litigation. Added by Acts 2005, 79th Leg., ch. 1193, § 2, eff. Sept. 1, 2005. 254 § 142.062. Open Records (a) A proposed meet and confer agreement and a document prepared and used by the municipality, including a public employer, in connection with the proposed agreement are available to the public under Chapter 552, Government Code, only after the agree- ment is ready to be ratified by the governing body of the municipality. (b) This section does not affect the application of Subchapter C, Chapter 552, Government Code,' to a document prepared and used in connection with the agreement. Added by Acts 2005, 79th Leg., ch. 1193, § 2, eff. Sept. 1, 2005. 1 V.T.C.A., Government Code, § 552.101 et seq. § 142.063. Open Deliberations (a) Deliberations relating to a meet and confer agreement or proposed agreement under this sub- chapter between representatives of the public employ- er and representatives of the police officers associa- tion elected by a majority vote of the officers to be the sole and exclusive bargaining agent of the covered officers must be open to the public and comply with state law. (b) Subsection (a) may not be construed to prohibit the representatives of the public employer or the representatives of the police officers association from Pt 1, ie )y ie er .a of .al as he on 1, Y' he er !e- of of a he 1, 'er ib- )y- [a- he ed th oit he )m PUBLIC OFFICERS AND EMPLOYEES conducting private caucuses that are not open to the public during meet and confer negotiations. Added by Acts 2005, 79th Leg., ch. 1193, § 2, eff. Sept. 1, 2005. § 142.064. Ratification and Enforceability of Agreement (a) An agreement under this subchapter is enforce- able and binding on the public employer, the recog- nized police officers association, and the police officers covered by the meet and confer agreement only if: (1) the governing body of the municipality rati- fied the agreement by a majority vote; and (2) the recognized police officers association rati- fied the agreement by conducting a secret ballot election at which the majority of the police officers who would be covered, by the agreement favored ratifying the agreement. (b) A meet and confer agreement ratified as de- scribed by Subsection (a) may establish a procedure by which the parties agree to resolve disputes related to a right, duty, or obligation provided by the agree- ment, including binding arbitration on a question in- volving interpretation of the agreement. (c) A state district court of a judicial district in which the municipality is located has jurisdiction to hear and resolve a dispute under the ratified meet and confer agreement on the application of a party to the agreement aggrieved by an action or omission of the other party when the action or omission is related to a right, duty, or obligation provided by the agreement. The court may issue proper restraining orders, tempo- rary and permanent injunctions, or any other writ, order, or process, including contempt orders, that are appropriate to enforcing the agreement. Added by Acts 2005, 79th Leg., ch. 1193, § 2, eff. Sept. 1, 2005. § 142.065. Action or Election to Repeal Authori- zation to Operate Under This Sub- chapter (a) The governing body of a municipality that granted recognition of a police officers association under Section 142.053 without conducting an election under Section 142.055 may withdraw recognition of the association by providing to the association not less than 90 days' written notice that: (1) the governing body is withdrawing recogni- tion of the association; and 255 § 142.066 (2) any agreement between the governing body and the association will not be renewed. (b) The governing body of a municipality that granted recognition of a police officers association after conducting an election under. Section 142.055 may order an election to determine whether a public employer may continue to meet and confer under this subchapter. The governing body may not order an election under this subsection until the second anni- versary of the date of the election under Section 142.055. (c) An election ordered under Subsection (b) must be held as part of the next regularly scheduled gener- al election for municipal officers that occurs after the date the governing body of the municipality orders the election and that allows sufficient time to prepare the ballot in compliance with other requirements of law. (d) The ballot for an election ordered under Subsec- tion (b) shall be printed to allow voting for or against the proposition: "Authorizing (name of the municipality) to continue to operate under the state law allowing a municipality to meet and confer and make agreements with the association represent- ing municipal police officers as provided by state law, preserving the prohibition against strikes and orga- nized work - stoppages, and providing penalties for strikes and organized work stoppages." (e) An election ordered under Subsection (b) must be held and the returns prepared and canvassed in conformity with the Election Code. (f) If an election ordered under Subsection (b) is held, the municipality may continue to operate under this subchapter only if a majority of the votes cast at the election favor the proposition. (g) If an election ordered under Subsection (b) is held, an association may not submit a petition for recognition to the governing body of the municipality under Section 142.053 before the secondanniversary of the date of the election. Added by Acts 2005, 79th Leg., ch. 1193, § 2, eff. Sept. 1, 2005. § 142.066. Election to Repeal Agreement (a) Not later than the 60th day after the date a meet and confer agreement is ratified by the govern- ing body of the municipality and the recognized police officers association, a petition calling for the repeal of the agreement signed by a number of registered voters residing in the municipality equal to at least 10 § 142.066 LOCAL GOVERNMENT CODE percent of the votes cast at the most recent general election held in the municipality may be presented to the person charged with ordering an election under Section 3.004, Election Code. (b) If a petition is presented under Subsection (a), the governing body of the municipality shall: (1) repeal the meet and confer agreement; or , (2) certify that it is not repealing the agreement and call an election to determine whether to repeal the agreement. (c) An election called under Subsection (b)(2) may be held as part of the next regularly scheduled gener- al election for the municipality. The ballot shall be printed to provide for voting for or against the propo- sition: "Repeal the meet and confer agreement rati- fied on (date agreement was ratified) by the - (name of the governing body of the municipality) and the police officers employed by the City of (name of municipality) concerning wages, salaries, rates of pay; hours of work, and other terms of employment." (d) If a majority of the votes cast at the election favor the repeal of the agreement, the agreement is void. Added by Acts 2005, 79th Leg., ch. 1193, § 2, eff. Sept. 1, 2005. § 142.067. Agreement Supersedes Conflicting Pro- visions A written meet and confer agreement ratified under this subchapter preempts, during the term of the agreement and to the extent of any conflict, all con- trary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by the head of the law enforcement agency or municipality or by a division or agent of the municipality, such as a person- nel board or a civil service commission. Added by Acts 2005, 79th Leg., ch. 1193, § 2, eff. Sept. 1, 2005, § 142.068. Effect on Existing Benefits and Rights (a) This subchapter may not be construed as re- pealing any existing benefit provided by statute or ordinance concerning police officers' compensation, pensions, retirement plans, hours of work, conditions of employment, or other emoluments, except as ex- pressly provided in a ratified meet and confer agree- ment. This subchapter is in addition to the benefits provided by existing statutes and ordinances. 256 (b) This subchapter may not be construed to inter- fere with a police officer's constitutionally protected rights of freedom of speech, freedom of association, and freedom to endorse or dissent from any agree- ment. Added by Acts 2005, 79th Leg., ch. 1193, § 2, eff. Sept. 1, 2005. SUBCHAPTER C. LOCAL CONTROL OF FIRE- FIGHTER EMPLOYMENT MATTERS IN CERTAIN MUNICIPALITIES Acts 2005, 79th Leg., ch. 262, § 2 added this subchapter. § 142.101. Applicability (a) Except as provided by Subsection (b), this sub- chapter applies only to a municipality: (1) with a population of 50,000 or more; or (2) that has adopted Chapter 143. (b) This subchapter does not apply to a municipality that: (1) has adopted Chapter 174; (2) is covered by Subchapter H, I, or J, Chapter 143; or (3) has a population of one million or more and has not adopted Chapter 143. Added by Acts 2005, 79th Leg., ch. 262, § 2, eff. Sept. 1, 2005. § 142.102. Definitions In this subchapter: (1) "Firefighter" means a person who is defined as fire protection personnel under Section 419.021, Government Code, and who is employed by a mu- nicipality. (2) "Firefighters association" means an employee organization in which firefighters employed by a municipality participate that exists for the purpose, in whole or in part, of dealing with the municipality or public employer concerning grievances, labor dis- putes, wages, rates of pay, hours of work, or condi- tions of work affecting firefighters. (3) "Public employer" means a municipality or the fire department of the municipality that is re- quired to establish the wages, salaries, rates of pay, hours of work, working conditions, and other terms Meet and Confer La Porte City Council July 24, 2006 Discussion of State Legislation Prouldtod 6y: Yha+-f Nauaw Outline of Presentation ❑ What is Meet and Confer? ❑ General Provisions ❑ Police Petitions ❑ City Council Options ❑ Advantages ❑ What's Happening in Other Cities ❑ Strategies/ Resources ❑ Discussion Questions What is `Meet and Confer?' ❑ Meet and Confer is an opportunity for cities and certain employees to contract the setting of salaries and other conditions of employment, including state civil service regulations General Provisions ❑ Texas Legislature passed Meet and Confer bill for Police effective Sept. 1, 2005 ❑ Laws apply to Cities over 50,000 or those that have adopted Chapter 143 (Civil Service). La Porte voters have previously adopted Civil Service for police General Provisions ... ❑ City and Association may negotiate salaries, benefits, hours and conditions of work, labor disputes, and grievances ❑ Legislation does NOT REQUIRE City or Associations to meet and confer or to reach agreement on any issue ❑ Acts maintain state law prohibition against strikes General Provisions ... ❑ Meet and Confer agreements must be in writing ❑ Grievance procedures may be established to resolve disputes, including binding arbitration m3 Slide 6 m3 (Do we need to say this since Civil Service already provides for arbitration?) millecam_melissa, 1/30/20OG General Provisions ... ❑ Meet and Confer agreements ire -emit other conflicting laws, including state statutes, local ordinances, executive orders, legislation or rules adopted by a City, and Civil Service provisions General Provisions ... Agreements must be: ❑ Ratified by City Council by majority vote ❑ Ratified by a majority of police officers covered by agreement Police Petitions ❑ La Porte Police Officers Association may submit a petition signed by a majority of the employees covered by meet and confer Petitions.. . ❑ If submitted, the Association seeks: ■ Recognition of Meet and Confer process by majority vote of City Council ■ Recognition of the Association as sole and exclusive bargaining agent for non- exempt Police Officers Petitions.. . ❑ Deadline for City Council to take action on a petition is 30 days after receiving it Options for Council Action... l ❑ Council has 30 days from submission to: 1. Grant recognition and determine that City may meet and confer without conducting a Certification Election or General Election OR Council Options. 0 * 2 2. Order certification election to determine whether Association represents majority of police officers. If Association election passes, Council may ❑ Grant Recognition or ❑ Defer recognition and order an election by voters for next regularly scheduled general election for municipal officials OR Council Options, . 0 3 3. Defer recognition and order election by voters at next regular City election Council Options ❑ If Council chooses to recognize Association for Meet and Confer, Council may withdraw recognition following a 90-day written notice 0 d � Q w T O Advantages to City ❑ City & Association may negotiate new terms for hiring and promotions, rather than basing them solely on Civil Service test scores. which might help minority recruiting and promotions in Police and Fire Departments ❑ City and Association may negotiate new terms for discipline and appeals to streamline process Meet & Confer in other Cities ❑ Other Cities: ■ Austin has had Meet & Confer since 1995 ■ Abilene: Police and Fire Associations recognized by Council ■ Balch Springs: Police Association recognized by Council ■ Big Spring: Fire Association withdrew petition ■ Cedar Park: Police Association recognized by Council ■ Del Rio: Police Association recognized by Council ■ Denton: Police & Fire Associations recognized by Council ■ Forest Hill: Police Association recognized by Council Meet & Confer in other Cities ■ Houston: Police have bargained under separate meet and confer statute since 1997 ■ Longview: Police Association withdrew petition ■ Pharr: Police Association petition sent to voters by Council - Association circulated petitions for collective bargaining and both issues passed by voters in May, 2006. ■ San Marcos: Police and Fire Associations recognized by Council ■ Waco: Police Association recognized by Council ■ Wichita Falls: Fire Association petition sent to voters and passed in May,2006 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 11, 2006 Requested By: Ray Nolen Department: EMS Report: Resolution: Ordinance: X Exhibits: Copy of Agreement Letter Exhibits: Copy of Agreement Invoice Exhibits: Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The City has negotiated an agreement with the companies located within the Battleground Industrial District (North of Hwy 225 between Battleground Rd. and Hwy 146) for Emergency Medical Service for a period of twelve months. This 2006-07 agreement is calculated at a rate of $17.36 per employee, per year. The total agreement amount invoiced will be based on an Average Daily Population at each company. Attached is an ordinance authorizing the City Manager to execute individual agreements effective October 1, 2006 with the companies located within the Battleground Industrial District for Emergency Medical Service. The agreements will expire on September 30, 2007. Recommend that council approve the City Manager to execute the submitted agreement letter for providing Emergency Medical Service to the companies located within the Battleground Industrial District. Action Required by Council: Approve an Ordinance authorizing the City Manager to execute an Agreement Letter with the companies located within the Battleground Industrial District for the City of La Porte EMS. Approved for City Council Agenda 16' Debra Feazelle, City Manager Date j ORDINANCE NO. 2006- A q4t AN ORDINANCE APPROVING AND AUTHORIZING FORM OF LETTER AGREEMENT FOR USE BETWEEN THE CITY OF LA PORTE AND COMPANIES LOCATED WITHIN THE BATTLEGROUND INDUSTRIAL DISTRICT, FOR PROVISION OF EMERGENCY MEDICAL SERVICES, AND AUTHORIZING CITY MANAGER TO EXECUTE SUCH LETTER AGREEMENTS AS NECESSARY; 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 I. The City Council of the City of La Porte hereby approves and authorizes the form of letter agreement attached to this ordinance as Exhibit A, for use by the City of La Porte in providing emergency medical services to companies located within the Battleground Industrial District. The City Manager is hereby authorized to execute any and all such letter agreements with companies located within the Battleground Industrial District as necessary, for the provision of emergency medical services, 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 letter agreements. 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 ORDINANCE NO. 2006-�q 4l PAGE 2 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 llth day of September, 2006 CI OF LA PO TE B y : s �� Alton E. Porter, Mayor ATTEST: L-dda'a' A �' Martha A. Gill tt, City Secretary APPRO ED: Clark Askins,'Assist. City Attorney 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 11, 2006 Requested By: Jeff Suggs/Susan Kelley Department: Emergency Management/Purchasing Report: XX Resolution: Ordinance: Exhibits: Interlocal Agreement Exhibits: Exhibits BudLyet Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION On June 26, 2006, City Council approved an interlocal with Harris County for Debris Removal and Disposal Service. The award went to Omni Pinnacle, LLC, of Slidell, Louisiana, as the primary contractor and DRC Emergency Services, LLC, of Mobile, Alabama, as the secondary contractor. The annual term contract began on June 1, 2006 with four (4) renewable options for one (1) year periods. Harris County attorneys reviewed the interlocal and made a few changes. Clark Askins reviewed and recommended we bring back to Council with the corrected version. Staff Recommendation: Approve revised Interlocal Agreement with Harris County and Omni Pinnacle, LLC and DRC Emergency Services, LLC. Action Required by Council: Approve revised Interlocal Agreement with Harris County for debris removal. Approved for City Council Agenda Debra B. Feazelle J, Date ORDINANCE NO. 2006-2898-A AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT FOR DEBRIS REMOVAL AND DISPOSAL SERVICES BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, TEXAS] MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECTi FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWT 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. 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 day of 2006. CI Y OF LA PQ&TE, By: L r (7 �----- Alton E. Porter, Mayor ATTEST: LIU&& d. a�� "I Martha A. Gillett City Secretary APPROVED: C1 rk T. Askins Assistant City Attorney gig REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 11, 2006 Requested By: Wayne Sab Department: Planning Report: Resolution: Ordinance: X Exhibits: Ordinance Draft Amendment to the Ordinance Building Standards (Photos/PP) Appropriation: N/A Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: SUMMARY City Council directed staff to conduct a review of the existing development conditions and future development strategies relating to the Architectural Building Standards in the Tax Increment Reinvestment Zone (TIRZ) No. 1. The purpose is to enhance the overall impression of the City, to have quality developments along major thoroughfares, and eventually attract new sustainable businesses to La Porte. Staff, with guidance from the Planning and Zoning Commission reviewed proposed amendments to the Zoning Ordinance (Chapter 106). After a public hearing at the August 17, 2006, meeting, the Planning and Zoning Commission, by a unanimous vote, recommended amendments related to Architectural Building Standards for TIRZ No. 1 to be included in Chapter 106 (Zoning of the Code of Ordinances). Currently, no control is associated with construction of a development whose use is "permitted" within a certain zoning district. The building must meet applicable building codes, but no parameters are available to enforce architectural and building standards or exterior material. However, current ordinances allow some controls to be included with Special Conditional Use Permits (SCUP) associated with uses listed as "conditional" within certain zoning districts and for construction within Planned Unit Developments (PUD), which normally follow some form of development agreement between the developer and the City. Several cities in our area have approached this issue by adopting an ordinance, which defines standards to be used on new construction fronting major thoroughfares. Typically, these ordinances mandate the use of a combination of brick, masonry and glass to a certain percentage to achieve the desired effect. A provision for Exterior Building Designs has been introduced per Section 106-680 of the Code of Ordinances (see draft attached). Any building readily visible from a major thoroughfare or directly abutting a residential development on any side shall be 100% masonry and/or glass with minimum landscaping of 10%. Development of non -conforming existing structures will require into compliance with these standards. Action Required by Council: 1. Conduct a public hearing. 2. Consider Planning and Zoning Commission recommendation to approve an ordinance amending Chapter 106 (Zoning) adding to Exterior Building Design Standards in TIRZ No. 1. Approved for City Council Agenda Debra Brooks Feazelle, City M ager Date ORDINANCE NO. 1501-f�_ 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 AMENDING ARTICLE IV. PLANNED UNIT DEVELOPMENT DIVISION 4, REQUIREMENTS, SUBDIVISION 1, GENERALLY, AND BY ADDING SECTION 106-680, EXTERIOR BUILDING DESIGNS, FOR THE CITY'S TAX INCREMENT REINVESTMENT ZONE NO. 1; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to -wit, on the 171h day of August 2006, at 6:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible changes to Chapter 106 of the Code of Ordinances, the Zoning Ordinance of the City of La Porte. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing. Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. Section 3. Immediately following such public hearing on August 17, 2006, the Planning and Zoning Commission of the City of La Porte met in regular session to consider possible changes to Chapter 106 of the Code of Ordinances, the Zoning Ordinance of the City of La Porte, which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated August 18, 2006, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. ORDINANCE NO. 1501-�5 Page 2 Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed changes to the ordinance and the recommendation of the Planning and Zoning Commission on the 11thday of September, 2006, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible changes to the ordinance. There is attached to this Ordinance as Exhibit "D", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing. Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. Section 6. The City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and Zoning Commission regarding the amendments to the Zoning Ordinance by adding Section 106-680, Exterior Building Designs for the City's Tax Increment reinvestment Zone No.1 to read as shown on Exhibit "F", attached hereto and fully incorporated in this ordinance as if set forth herein verbatim. Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for ORDINANCE NO. 1501-f5— Page 3 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 9. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the day of J&7* 2006. CITY OF LA PORTE G By: L. ��- ALTON PORTER, Mayor ATTEST: Llulatl7q,&4. By: MARTHA GILLET , City Sec etary APPROVED: By: CLAK ASKINS, Assistant City ttorney THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 17th day of August, 2006, in the Classroom of the La Porte Recreation and Fitness Center, 1322 South Broadway, LaPorte, Texas. The purpose of this hearing is to consider amendments to the Zoning Ordinance of the City of LaPorte, pertaining to Architectural Standards within Tax Increment Reinvestment Zone (TIRZ) #1 and to consider additions to the Zoning Ordinance concerning requirements for exterior building design standards in the City of La Porte. A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Commission. Citizens wishing to address the Commission pro or con during the public hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC, CMC City Secretary A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be taken by Council. This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. THE: STATE OF TEXAS COUNTY OF HARRIS 8th Street CITY OF LA PORTE !s Texas 77571 NOTICE OF PUBLIC HEARING In accordance . the of ' _ .with provisions Sec- tion 106-171 of the Code of Ordinances of the City II': of La Po, 'and the`provi- I. 'Serving The sio f trtee Texas Local GAS" er me t Code notice is he yven�fe'La a La Porte ''� of Harris bf Texas 281-471-1234 Fax 281-471-5763 re Sun Since 1947' rite, the undersigned authority, on this date came and ed Sandra Bumgarner, a duly authorized representative of �ayshore Sun, a semi -weekly newspaper published and fly distributed in the City of La Porte, Harris County, Texas and fter being duly sworn, swears the attached notice was ed in The Bayshore Sun dated D S o ;)o Bumgarner and subscribed before me this day of ,2006. Martha Gillett, TRMC, m Kellogg clvlc Public City Secretary County, Texas )mmission Exprires April 11, 2010 KAROLYN KELLOGG f t' MY COMMISSION EXPIRES '� Apfil1i,2010 �� AO City of La Porte Established 1892 TEXAS August 18, 2006 Honorable Mayor Alton Porter and City Council City of La Porte Re: Zoning Ordinance Amendment — Architectural Standards in TIRZ No Dear Mayor Porter and Council: The La Porte Planning and Zoning Commission, during a regular meeting on August 17, 2006, held a public hearing to consider amendments to the Zoning Ordinance (Chapter 106), by amending Article IV. Planned Unit Development, Division 4, Requirements, Subdivision 1, Generally, and by adding Section 106-680, Exterior Building Designs, for the City's Tax Increment Reinvestment Zone No. 1. The Planning and Zoning Commission, by a unanimous vote (6-0), recommends approval of the Zoning Ordinance amendment related to Architectural Standards in TIRZ # 1. Respectfully Submitted, Pat 4uston Chairperson, Planning and Zoning Commission c: Debra Feazelle, City Manager John Joerns, Assistant City Manager Cynthia Alexander, Assistant City Manager John Armstrong, Assistant City Attorney Planning and Zoning Commission 604 W. Fairmont Pkwy. • La Porte, Texas 77571 • (281) 471-5020 THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 11th day of September, 2006, in the Council Chambers of the City Hall, 604 W. Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider amendments to the Zoning Ordinance of the City of La Porte, pertaining to Architectural Standards within Tax Increment Reinvestment Zone (TIRZ) #1 and to consider additions to the Zoning Ordinance concerning requirements for exterior building design standards in the City of La Porte. A regular meeting of the City Council will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Council. Citizens wishing to address the Council pro or con during the public hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC, CMC City Secretary A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be taken by Council. This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. 'Servin Porte Harris exas 281-471-1234 Fax 281-471-5763 re Sun- ce 1947' me, the undersigned authority, on this date came and d Sandra Bumgarner, a duly authorized representative of ayshore Sun, a semi -weekly newspaper published and ly distributed in the City of La Porte, Harris County, Texas and ter being duly sworn, swears the attached notice was :3d in The Bayshore Sun dated 0 8 a -7 rZ o & Bumgarner and subscribed before me this day of 2%n *— ___ _ ,2006. Karolyn Kellogg Notary Public Harris County, Texas My Commission Exprires April 11, 2010 KAROLYN KELLOGG MY COMMISSION EXPIRES APrir 11, 2010 ZONING § 106-696 (c) Prior to recording in the county deed records, approval of the city shall be secured as to the documents described in subsection 106-676(b). (d) The declaration of covenants, conditions or restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subject such properties to the terms of such declaration. (e) The declaration of covenants, conditions and restrictions shall provide that an owners' association or corporation shall be formed and that all owners shall be members of said association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. The declaration shall be subject to the review and approval of the city attorney. The intent of this requirement is to protect the property values of the individual owner through establishing effective private control. Sec. 106-677. Public services. The proposed project shall be served by the city water and sewer system and fire hydrants shall be installed at such locations as necessary to provide fire protection. Proposed utility connections shall be subject to approval by the planning director. Sec. 106-678. Building height. Height limitations shall be the same as imposed in the respective districts. Sec. 106-679. Roadways. Private roadways within the project shall have an improved surface to 24 feet or more in. width and shall be so designed as to permit the city fire trucks to provide protection to each building. No portion of this required 24-foot road system may be used in calculating required off-street parking space or be used for parking. Sec. 106-680. Exterior Building Designs The material used on the exterior facade of all commercial and industrial buildings within the City's TIRZ No.I shall conform to the requirements below and in accordance to the appropriate zoning district, land uses, and visibility of the site. (a) Minimum exterior wall standard for any building visible from a major thoroughfare or directly abutting residential development shall be 100% masonry or glass, e.g. brick, stone brick veneer, tilt wall, decorative or textured concrete block, split face block, stucco, and EIFS (Exterior Insulation and Finish systems). (b) All nonconforming structures must come into compliance with the above standards whenever a permit is desired and under review per Sections 106-262 and 106-268 of this ordinance. Any pre-existing building which is required to conform to this section shall have front facade 100% masonry or glass, side/rear 50% masonry or glass. Landscaping: Minimum 10% Secs. 106-681-106-695. Reserved. CD106:79 "HIS �i 11 9/10 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Se to ber 11 2006 Requested By: Wayne J. 40 Department: Planning Report: Resolution: Ordinance:_X_ Exhibits: Ordinance Aerial Map P&Z Staff Report Site Plan SUMMARY Appropriation Source of Funds: NA Account Number: NA Amount Budgeted: NA On August 17, 2006, the Planning and Zoning Commission considered Special Conditional Use Permit #SCU 06- 005 for proposed office/warehouse distribution center #2 to be located in the Underwood Business Park off Old Underwood Road south of State Highway 225 and Union Pacific Railroad. Clay Development and Construction Inc. is seeking a permit for construction of a 733,800 square foot warehouse/distribution building along Pike Court within the Underwood Business Park. The property is zoned Planned Unit Development (PUD) and shall be developed in phases. Each additional reserve/phase of the project would require a subsequent Special Conditional Use Permit, followed with a site plan submittal. The site consists of approximately 207 acres located to the south of State Highway 225, Union Pacific Railroad, and Battleground Industrial Park located at 101 Old Underwood Road. To the east of the park, associated detention was constructed in Phase 1. The first phase of the business park development started in May 2005 with a project known as "Poly One", which was completed earlier this year. Building permits were issued for construction of a 432,000 square foot office/warehouse building, a 900,000 square foot building, to be used as distribution centers, and other spec. buildings. These buildings are currently under construction and will be partially rail served at a later stage. The primary access to the park is along Old Underwood Road via Battleground Road and State Highway 225. The City's Comprehensive Plan intends for this area to develop with industrial uses, and the existing land uses of nearby properties are primarily industrial. Considering the economic development within La Porte, the project has merits. Public Notices were mailed to six (6) property owners. No responses were received. By unanimous vote, the Planning and Zoning Commission has recommended City Council consider approval of Special Conditional Use Permit #SCU 06- 005 with the conditions as listed in the SCUP. Action Required by Council: 1. Conduct a Public hearing. 2. Consider Planning and Zoning Commission recommendation to approve Special Conditional Use Permit #SCU 06-005 for a 46.141 acre tract out of ±207 acres of land located along Old Underwood Road south of State Highway 225 and Union Pacific Railroad. Approved for City Council Agenda Debra B. Feazelle, City Ma ger Date ORDINANCE NO. 1501- jz^ 5- 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 GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU06-005 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO -WIT: 46.141 ACRE TRACT OUT OF ±207 ACRES OF LAND (ALONG OLD UNDERWOOD ROAD SOUTH OF STATE HIGHWAY 225 AND UPRR) IN THE ENOCH BRINSON SURVEY, ABSTRACT- 5, LA PORTE, HARRIS COUNTY, TEXAS FOR THE PURPOSE OF DEVELOPING A DISTRIBUTION CENTER IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: "Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to -wit, on the 17th day of August, 2006, at 6:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing, which the City Council of the City of La Porte hereby finds was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. "Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. "Section 3. On August 17, 2006, the Planning and Zoning Commission of the City of La Porte met in regular session to consider changes in classification, which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated on the 18th day of August, 2006, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. ORDINANCE NO. 1501- G Page 2 "Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed classification changes and the recommendation of the Planning and Zoning Commission on the 11th day of September, 2006, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "D", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing. "Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. "Section 6. The conditions of the said Special Conditional Use Permit are as set forth in the incorporated terms of the Special Conditional Use Permit, a true copy of which is attached hereto as Exhibit "F". The description of said parcels of land classified pursuant to said Special Conditional Use Permit is as follows, to -wit: 46.141 acre tract out of ±207 acres of land located along Old Underwood Road south of State Highway 225 and UPRR; the Enoch Brinson Survey, Abstract-5, City of La Porte, Harris County, Texas. "Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. "Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required ORDINANCE NO. 1501-1, 15. Page 3 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 9. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the 044- day of2006. CITY LA PORTE�I By: ALTON PORTER, Mayor ATTEST: ByL--Pl&///)- 4d6lzd MAR HA-diLLEYT, City Secretary APPROVED: / Itll CLARK ASKINS, Assistant City Attorney THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 17th day of August, 2006, in the Classroom of the La Porte Recreation and Fitness Center, 1322 South Broadway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request #SCU 06-005, for 46.141 acres of land being Reserve G, in the Underwood Business Park, located along Old Underwood Road. The property is further described as part of a 206.990 acre tract in the F. A. STAASHEN Subdivision, the Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. Clay Development & Construction Inc., is seeking approval of a permit for the proposed development of "Underwood Distribution Center II" to be located within the park. A Special Conditional Use Permit is required for the proposed development to be located within a Planned Unit Development (PUD) per Section 106-637 of the Code of Ordinances. A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of considering the public hearing item and to conduct other matters pertaining to the Commission. Citizens wishing to address the Commission pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC, CMC City Secretary A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be taken by Council. This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. A 1; THE COUNTY. OF HARRIS 4 163 1 ind of ind ind vas of City of La Porte Established 1892 �' TEXAS August 18, 2006 Honorable Mayor Alton Porter and City Council City of La Porte Dear Mayor Porter and Council: The La Porte Planning and Zoning Commission, during a regular meeting on August 17, 2006, considered Special Conditional Use Permit (SCUP) #SCU 06-005. The applicant, Clay Development and Construction, Inc., seeks approval of a proposed distribution/warehouse facility to be located in the Underwood Business Park along Old Underwood Road south of State Highway 225. The Planning and Zoning Commission, by unanimous vote (6-0), recommended that City Council consider approval of Special Conditional Use Permit #SCU06-005 with the following conditions: 1. This Special Conditional Use Permit (SCUP) is not applicable to any other specific development anticipated or proposed by the General Plan. 2. This SCUP outlines, in general terms, the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and General Plan shall require further submittal and approval of plats, site plans, construction drawings, engineering analysis, covenants, etc. 3. Provide on -site improvements, loading and unloading ramps/bays that adequately handle the volume associated with this office/ warehousing facility. 4. Fire truck access, fire suppression requirements, and fire hydrant placement shall be specified on the plans. 5. A site plan and/or separate plans shall be submitted in conjunction with the building permit application. Landscaping is required in percentages specified in Section 106-522 of the Code of Ordinances. 6. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. 7. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. R ectf'ull Submitted, I: Pat Muston Chairperson, Planning and Zoning Commission c: Debra B. Feazelle, City Manager John Joerns, Assistant City Manager Cynthia Alexander, Assistant City Manager John Armstrong, Assistant City Attorney Planning and Zoning Commission 604 W. Fairmont Pkwy. • LaPorte, Texas 77571 • (281) 471-5020 OCH1131T THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 11'h day of September, 2006, in the Council Chambers of the City Hall, 604 W. Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request #SCU 06-005, for 46.141 acres of land being Reserve G, in the Underwood Business Park, located along Old Underwood Road. The property is fiu ther described as part of a 206.990 acre tract in the F. A. STAASHEN Subdivision, the Enoch Brinson Survey, Abstract 5, La Porte, Harris County, Texas. Clay Development & Construction Inc., is seeking approval of a permit for the proposed development of "Underwood Distribution Center II" to be located within the park. A Special Conditional Use Permit is required for the proposed development to be located within a Planned Unit Development (PUD) per Section 106-637 of the Code of Ordinances. A regular meeting of the City Council will follow the public hearing for the purpose of considering the public hearing item and to conduct other matters pertaining to the Council. Citizens wishing to address the Council pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC, CMC City Secretary A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be taken by Council. This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. THE STATE OFT_XA T• Z COUNTY OF HARRIS 471-1234 1-471-5763 oun came and 3entative of Ilished and , Texas and notice was Sworn and subscribed before me this ` day of ,2006. arolyn Kellogg Notary Public Harris County, Texas My Commission Exprires April 11, 2010 all =KAROLYNKELLOGG�' City of La Porte Special Conditional Use Permit # SCU 06-005 This permit is issued to: Clay Development & Construction, Inc. Owner or Agent 800 Gessner, Suite 850, Houston TX 77024 Address For Development of: Underwood Distribution Center II (733,800 SF.) Development Name Old Underwood Road at State Highway 225 Address Legal Description: 46.141 acres of land being Reserve "G" in a 206.990 acre tract Out of Enoch Brinson Survey, A-5, La Porte, Harris County, TX. Zoning: Planned Unit Development (PUD) Use: Distribution/warehousing facility Permit Conditions: 1. This Special Conditional Use Permit (SCUP) is not applicable to any other specific development anticipated or proposed by General Plan. 2. This SCUP outlines, in general terms, the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and General Plan shall require- further submittal and approval of plats, site plans, construction drawings, engineering analysis, and covenants, conditions & restrictions (CCR). 3. Provide on -site improvements, loading and unloading ramps/bays that adequately handle the volume associated with this office/ warehousing facility. 4. Fire truck access, fire suppression requirements, and fire hydrant placement shall be specified on the plans. 5. A site plan and/or separate plans shall be submitted in conjunction with the building permit application. Landscaping is required in percentages specified in Section 106-522 of the Code of Ordinances. 6. Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. 7. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. 4AALA�_ AP -f� - Aaw- City Secretarvy Mf rw � y, L a , I a. �.. ,. � � 'a� •!tom e�,Mt �,�' ,_°+ �`n'�,� - : Staff Report August 17, 2006 Underwood Distribution Center II Special Conditional Use Permit #SCU 06-005 Requested by: Clay Development & Construction Inc. c/o Danny Martin Requested for: 46.141 acre tract out of 206.990 acres of land in the Enoch Brinson Survey, Abstract 5, described as parcel 1 under the Harris County Clerk's File No. M032856, LaPorte, Harris County, Texas. Location: Old Underwood Road and State Highway 225 Present Zoning: Planned Unit Development (PUD) Requested Use: Distribution Warehouse Background: Underwood Business Park, consisting of approximately 207 acres, is located to the south of State Highway 225 and Union Pacific Railroad (UPRR). The subject park is an approved business/industrial complex located within the Planned Unit Development (PUD) zone along Old Underwood Road. Clay Development and Construction, Inc., owner/developer, is proposing a distribution center consisting of 733,800 sq. ft. on a parcel of land being all of Reserve G in the Underwood Business Park. The facility will have an entrance along Pike Court, off Porter Road, 60' wide ingress/egress and utility easement within the park off Old Underwood Road. Major access to the park is through Battleground Road and State Highway 225. This is an on going project that started with the construction of Poly One and later the plans for 900,000 sq. ft., and 400,000 sq. ft., distribution/warehousing buildings were approved by the city The subject property is zoned Planned Unit Development (PUD). Development in a PUD zoning district requires an application for a general plan be filed and processed simultaneously with the Special Conditional Use Permit. Analysis: Section 106-659 of the Code of Ordinances establishes the following criteria for review of the development projects within a PUD zone. Land Use — The City's Land Use Plan shows this area developing with industrial uses. The existing land uses of nearby properties are predominantly industrial. The Battleground Industrial Park is located just north of this development. In addition, the Battleground Industrial District — Extra Territorial Jurisdiction (ETJ) of La Porte is located north of State Highway 225. Underwood Distribution Center II SCU #06-005 8/17/06 P&Z Page 2 of 3 Conclusion/ Recommendation Transportation — The project is located near State Highway 225 and Battleground Road, a primary arterial and major truck route. As a result, this project provides more than adequate accessibility for circulation of traffic. All traffic entering/existing will be through Porter Road along Old Underwood Road. There should be limited impact on traffic flow within the vicinity, even after full implementation of the said business park. In addition, the traffic shall not be directed south of Underwood Road as per plan submitted by the developer. Topography — This area is relatively flat and stable and should not be an obstacle to this type of development. Utilities and Drainage — Public facilities and services are sufficient to handle the supply of potable water. The developer has installed a new water line for fire protection in the area. In addition, provisions must be made to ensure sufficient utility extensions are provided to serve this development. Storm water drainage will be managed by on -site detention to mitigate any adverse impacts associated with this proposed development. Staff feels that the project has potential and would make a significant impact on economic development within the City of La Porte. Based on the above analysis, staff recommends approval of the Special Conditional Use Permit with the following conditions: • This Special Conditional Use Permit is not applicable to any other specific development anticipated or proposed by the General Plan. • This SCUP outlines, in general terms, the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and General Plan shall require further submittal and approval of plats, site plans, construction drawings, engineering analysis, and covenants. • Provide on -site improvements, loading and unloading ramps/bays that adequately handle the volume associated with this distribution / warehousing facility. Underwood Distribution Center II SCU #06-005 8/17/06 P&Z Page 3 of 3 • Fire truck access, fire suppression requirements, and fire hydrant placement shall be specified on the plans. • A site plan and/or separate plans shall be submitted in conjunction with the building permit application. Landscaping is required in percentages specified in Section 106-522 of the Code of Ordinances. • Provide an irrigation system to ensure that all landscaping and screening is properly maintained by the owner/developer. • The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Options available to the Commission are: • Recommend to Council approval of this SCUP with additional conditions. • Recommend to Council denial of this SCUP. • Recommend tabling this SCUP for further review. 13TH ST I � �2s HOUSTON ASSOCIATES `\ 23.21 AC I[+' 9.048A ACRRS r I Ic $ 304,080 % FT. a — — — — — — — --- il _=_ - __ PACKWELL S 432.870 S0. F7. 8a.980 ACRES (902,316 .g. ft. C SPEC. M15 S0.a20 ACRES 225.000 30. FT. 390,780 BC. FT l�l TAW I � \ 11.431SACRES I `\,��✓I I 1407.950 SQ, FP. FOLYONE I MOOD SO. FT. BULK I \ ({ j WAREHOUSE I I 733DIS RIB TIONLK 1 I I I 1 I X ST. WAREHOUSE ( 1,843.3 SQ. Fr, I I S 1 1 l 48.141 ACRES a.008.ea9 SQ, Fr. I ------------------ I I I I. wwmw Rm wwmw u mmwwau0 unnw — 1 U uaMIM rwmmwwmwlRl =MID W � �I UNDERWOOD BUSINESS PARK LA PORTE, TEXAS LAND: t9,008674 SOFT. — 206.8107 AC. 11/12 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 11 2006 Requested By: Wa ne Sabo Department: Planning Report: Resolution: Ordinance: X Exhibits: Ordinance Aerial Map P&Z Staff Report Site Plan Public Notice Response Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A ♦ ►I rkrA _ : 1 On August 17, 2006, the Planning and Zoning Commission considered Special Conditional Use Permit #SCU06-006 for an overall development of Port Crossing in conjunction with the Development Agreement, Covenants, Conditions and Restrictions (CCRs). Port Crossing is a mixed commercial/retail and business/industrial park, to be located along S. 16"' Street (Powell Road). The business park will be developed in phases. City Council previously approved the General Plan and Special Conditional Use Permit #SCU 05-003 for Port Crossing (formerly Texas Import/Export Park). The property is zoned Planned Unit Development (PUD). The development is further defined by a Development Agreement between the owner/agent and the City of La Porte. Development Agreement, Covenants, Conditions, and Restrictions (CCRs) are part of this SCUP. The area is earmarked for industrial uses in the Land Use Plan. The permitted land uses for this Planned Unit Development are generally depicted by the land use restrictions as an exhibit to this SCUP. The property is located in the vicinity of major industrial developments. Public infrastructure is available in the vicinity, however, it needs to be improved and extended for the overall business park as prescribed by the Development Agreement. The City of La Porte, Harris County, Harris County Flood Control District (HCFCD), and TxDOT must approve the construction plans and specifications as per TIRZ No. I /Redevelopment Authority Reimbursement Agreement. In addition, Final Plat for Port Crossing, covenants, conditions, and restrictions for the proposed park require approval by the City. Once the Final Plat is approved by the City, owner/developer shall file for record the covenants, conditions, and restrictions referred to and a part of the Development Agreement. The Commission considered Special Conditional Use Permit (SCUP) with the stipulation that the Final Plat, Construction Drawings, Development Agreement, and Covenants, Conditions & Restrictions (CCRs) contained therein shall be approved by the City and other entities. In addition, this SCUP will supersede SCU#05-003 and shall be applicable for an overall development in conjunction with the Development Agreement and CCRs. Public Notices were mailed to six (6) property owners. One response was received. By unanimous vote, the Planning and Zoning Commission has recommended City Council consider approval of Special Conditional Use Permit #SCU 06-006 with the conditions as listed in the SCUP. Action Required by Council: 1. Conduct public hearing. 2. Consider action on a recommendation by P&Z to approve Special Conditional Use Permit #SCU06-006; or table for further consideration. Approved for City Council Agenda /J Debra B. Feazelle, City Manager Date OAINANCE NO. 1501- 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 GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU06-006, WHICH SUPERSEDES #SCU05-003, FOR THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; IN CONJUNCTION WITH THE DEVELOPMENT AGREEMENT, COVENANTS, CONDITIONS, AND RESTRICTIONS BETWEEN THE CITY OF LA PORTE AND PORT CROSSING LAND, L.P., NATIONAL PROPERTY HOLDINGS, L.P., DEL PISO INVESTMENT, LLP., FLPCW, L.P., C/O RUSSELL PLANK, AGENT, FOR THE ENTIRE DEVELOPMENT OF A 300± ACRE TRACT IN THE GEORGE B. McKINSTRY, A-47, W.P. HARRIS SURVEY, A-30, JOHNSON HUNTER SURVEY, A- 35, HARRIS COUNTY, CITY OF LA PORTE, TO BE KNOWN AS PORT CROSSING; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: "Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to -wit, on the 17th day of August, 2006, at 6:00 p.m. a Public Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing, which the City Council of the City of La Porte hereby finds was properly mailed to all owners of all properties located within two hundred feet (200) of the properties under consideration. "Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. "Section 3. Subsequent to such public hearing, the Planning and Zoning Commission of the City of La Porte met in regular session on the 17th day of August, 2006, at 6:00 p.m., to consider changes in classification which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated August 18, 2006, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. ORDINANCE NO. 1501- 5- Page 2 "Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed classification changes and the recommendation of the Planning and Zoning Commission on the 11th day of September, 2006, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "D", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing. "Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. "Section 6. The City Council of the City of La Porte hereby accepts the recommendation of the City of La Porte Planning and Zoning Commission, and the zoning classification of the hereinafter described parcels of land, situated within the corporate limits of the City of La Porte, is hereby changed in accordance therewith, and the zoning classification of said parcels of land shall hereafter be "PUD — Planned Unit Development with a Special Conditional Use Permit" for retail, commercial, business park, and some rail -serviced warehouse uses. The conditions of said Conditional Use Permit shall be that the property be formally platted as 300± acre tract. Further conditions are as set forth in the Motion and Recommendations of the Planning and Zoning Commission of the City of La Porte, and shall be as set forth within the incorporated terms of the Special Conditional Use Permit, a true copy of which is attached hereto as Exhibit "F". The description of said parcels of land classified pursuant to said Special Conditional Use Permit is as follows, to -wit: Approximately 300 acres of land out of the George B. McKinstry League, A-47; William P. Harris Survey, A-30; Johnson Hunter Survey, A-35 , City of La Porte, Harris County, Texas. ORDINANCE NO. 1501- Page 3 "Section 7. The City Council hereby approves Special Conditional Use Permit #SCU06-006, which supersedes Special Conditional Use Permit #SCU05-003, and authorizes the Development Agreement, Covenants, Conditions, and Restrictions, as part of this SCUP, in substantially the form as shown in the document which is attached hereto as "Exhibit G" and incorporated herein by this reference, by and between the City of La Porte and Port Crossing Land, L.P. and its agent, for the entire development of an approximate 300± acre tract as herein described in the City of La Porte, to be known as "Port Crossing". 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 8. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. "Section 9. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. ORDINANCE NO. 1501- ft Page 4 "Section 10. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the day of 2006. CITY OF LA PORTE By: ALTON PORTER, Mayor ATTEST: By:.. MARf riA-GILLETt, City Secretary APPROVED: CLARK ASKINS, Assistant City Attorney THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 17th day of August, 2006, in the Classroom of the La Porte Recreation and Fitness Center, 1322 South Broadway, LaPorte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit #SCU 06-006 for a Development Agreement and Covenants, Conditions & Restrictions (CCRs) for proposed development of Port Crossing consisting of 293.986 acres of land in the George B. McKinstry, A-47; William. P. Harris Survey, A-30; Johnson Hunter Survey, A-35; La Porte, Harris County, Texas. The property is located in the 2000 Block of S. 161' Street (Powell Road). Russell Plank, Port Crossing, L.P. is seeking approval of a permit for overall development pertaining to commercial/retail, business, and industrial establishments within the Port Crossing Business Park. A Special Conditional Use Permit is required for the development to be located within a Planned Unit Development (PUD) zone per Section 106-637 of the Code of Ordinances of the City of La Porte. (Note: If approved, this permit will supersede Special Conditional Use Permit #SCU05-003 and shall be applicable for an overall development in conjunction with the Development Agreement and CCRs). A regular meeting of the Planning and Zoning Commission will follow the public hearing for the purpose of considering the public hearing item and to conduct other matters pertaining to the Commission. Citizens wishing to address the Commission pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC, CMC City Secretary A quorum of City Council members may be present and participate in discussions during this meeting; however, no action will be taken by Council. This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. Special. `Conditional Use Permit is required for the 281-471-1234 Fax 281-471-5763 Sun rsigned authority, on this date came and ngarner, a duly authorized representative of a semi -weekly newspaper published and the City of La Porte, Harris County, Texas and r sworn, swears the attached notice was lore Sun dated r),Y /off /o of arolyn Kellogg otary Public arris County, l y Commission Exprires April 11, 2010 �� AO City of La Porte Established 1892 L' -EXAS August 18, 2006 Honorable Mayor Alton Porter and City Council City of La Porte Re: Special Conditional Use Permit #SCU06-006 Dear Mayor Porter and Council: The La Porte Planning and Zoning Commission, during a regular meeting on August 17, 2006, considered Special Conditional Use Permit (SCUP) #SCU06-006. The applicant, Port Crossing Land, L.P., seeks approval of a permit for an entire development of Port Crossing to be located along South 16`h Street (Powell Road). This permit will supersede Special Conditional Use Permit #SCU05-003 and shall be applicable for an overall development in conjunction with the Development Agreement, Covenants, Conditions, and Restrictions for Port Crossing. The Planning and Zoning Commission, by a unanimous vote (6-0), recommended that City Council consider approval of Special Conditional Use Permit #SCU06-006 with the following conditions: 1. This SCUP would be applicable to specific development anticipated or proposed by this General Plan. 2. This SCUP outlines, in general terms, the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and the General Plan shall require further submittal and approval of plats, site plans, construction drawings, and building plans, etc. In addition, this SCUP supersedes Special Conditional Use Permit #SCU05-003. 3. This SCUP has exhibits and the Development Agreement, Covenants, Conditions, and Restrictions (CCRs) are part of this SCUP. 4. Submittals shall be in accordance with the SCUP, the approved General Plan, and the approved Development Agreement. 5. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. R ectful Submitted, T-' — Pat Mus n Chairperson, Planning and Zoning Commission Debra B. Feazelle, City Manager John Joerns, Assistant City Manager Cynthia Alexander, Assistant City Manager John Armstrong, Assistant City Attorney Planning and Zoning Commission 604 W. Fairmont Pkwy. • La Porte, Texas 77571 • (281) 471-5020 IgI- r THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 11th day of September, 2006, in the Council Chambers of the City Hall, 604 W. Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit #SCU 06-006 for a Development Agreement and Covenants, Conditions & Restrictions (CCRs) for proposed development of Port Crossing consisting of approx. 300 acres of land in the George B. McKinstry, A-47; William. P. Harris Survey, A-30; Johnson Hunter Survey, A-35; La Porte, Harris County, Texas. The property is located in the 2000 Block of S. 16th Street (Powell Road). Russell Plank, Port Crossing, L.P. is seeking approval of a permit for overall development pertaining to commercial/retail, business, and industrial establishments within the Port Crossing Business Park. A Special Conditional Use Permit is required for the development to be located within a Planned Unit Development (PUD) zone per Section 106-637 of the Code of Ordinances of the City of La Porte. (Note: If approved, this permit will supersede Special Conditional Use Permit #SCU05-003 and shall be applicable for an overall development in conjunction with the Development Agreement and CCRs). A regular meeting of the City Council will follow the public hearing for the purpose of considering the public hearing item and to conduct other matters pertaining to the Council. Citizens wishing to address the Council pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC, CMC City Secretary A quorum of City Council members may be present and participate in discussions during this meeting; however, no action will be taken by Council. This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. THESTA FT XAS COUNTY OF,; HARRIS CITY OF.LA'PORTE Texas 77571 —Govemme�-�oae, nou�z- is hereby given that the La Porte City Council will con- duct a public hearing at`, 6:00 P.M. on the 11th day iie of . September, 2006, in the Council Chambers Of .j the City Hall, 604 W: Fair ` ;. mont Parkway, La Porte, of �1 'Serving The g >Texas. ,The purpose ."I k. rinn is t0 Consider j Soecial Con Porte Harris exas 281-471-1234 Fax 281-471-5763 re Sun Since 1947' ie, the undersigned authority, on this date came and Sandra Bumgarner, a duly authorized representative of shore Sun, a semi -weekly newspaper published and distributed in the City of La Porte, Harris County, Texas and r being duly sworn, swears the attached notice was in The Bayshore Sun dated 0 42 -7 Zo G garner subscribed before me this day of ,2006. Karolyn Kellogg Notary Public Harris County, Texas My Commission Exprires April 11, 2010 ` SAYe KAROLYNKE G *' MY COMMISSION EXPIRES April 11, 2010 rVA, Zd,. � - � =_ City of La Porte Special Conditional Use Permit #SCU 06-006 This permit is issued to: Port Crossing Land, L.P.; Powell Road logistics, L.P.; Rail Logix, GP.LLC.; and National Property Holdings. L.P. (Russell D. Plank) Owner or Agent 3330 S. Sam Houston Parkway E., Houston, Texas 77047 Address For development of: Approx. 300 acre Planned Unit Development (formerly TIEP) a mixed use development further defined by a General Plan. The Planned Unit Development is further defined by a Development Agreement between the Owner/Agent listed above and the City of La Porte This Special Conditional Use Permit and the General Plan are Exhibits to and a part of the Development Agreement. Development Name Legal description: 300 acres of land out of the George B. McKinstry League, A-47; William D Harris,Survey A 30- jotinsnn Hunter C1 irypy' Q 35 and r more particularly described by - Development Agreement. • • The 7oning for the tract is Planned I. Met Development Th- pprm*tted landl uses for tf�is Planned Unit Development ar ep*cted on "Exho i - General Plan for Port Crossing. These permi ed land 6ses are more specifically defined and/or resti4icted by covenants, conditions, and restrictions established and/or part of the Development Agreement Permit Conditions: 1. This Special Conditional Use Permit (SCUP) would be applicable to specific development anticipated or proposed by the General Plan. 2. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and the General Plan shall require further submittal and approval of plats, site plans, construction drawings, and building plans, etc. In addition, this SCUP will supersede SCU#05-003. 3. This SCUP has exhibits and the Development Agreement, Covenants, Conditions, and Restrictions (CCRs) are part of this SCUP. 4. Submittals shall be in accordance with this SCUP, General Plan, the Development Agreement approved by the City of La Porte and specifically Section 106-216 & 217 of the Zoning Ordinance. 5. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation [ate: erector of Pla DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement") is entered into between Port Crossing Land, LP; a Texas limited partnership ("Owner -Developer"); their Successors and Assigns, including the "Other Owners" (hereafter defined) and the CITY OF LA PORTE, TEXAS, a Texas Municipal Corporation ("City") on the day of , 2006. Recitals Owner -Developer has proposed development of an approximately 300-acre tract in the City of La Porte, as the Port Crossing, which is referred to as the Tract and defined hereinafter in Article I. Owner -Developer and the Other Owners plan to develop the Tract, presently zoned PUD, for retail, commercial, and business park with some industrial uses. Owner -Developer and the Other Owners shall construct municipal utilities, including streets, a water distribution system, wastewater collection system, and the storm drainage/detention system that will connect with the existing City of La Porte and other regional systems in accordance with development regulations and policies of the City, Harris County, and Harris County Flood Control District. Powell Road Logistics, L.P. ("Powell Road Logistics"), a Texas limited partnership, National Property Holdings, L.P., a Texas limited partnership, Del Piso Investments, LLLP, a Arizona limited liability partnership and FLPCW, LP, a Texas limited partnership, (collectively, the "Other Owners"), the owners of certain tracts of land also containing a total of approximately 63 acres out of the Tract are joining in this Agreement for the purpose of confirming their agreement to develop their respective portions of the Tract pursuant to the provisions of this Agreement. The City has required, and Owner -Developer and the Other Owners have agreed, that the Tract will be developed in accordance with the General Plan approved by the City (as defined below and attached hereto). AGREEMENT NOW THEREFORE, in consideration of the mutual promises, obligations, and benefits contained herein, the City and Owner -Developer agree as follows: ARTICLE I. DEFINITIONS AND EXHIBITS 1.1 Definitions. Unless the context indicates otherwise, the following words as used in this Contract shall have the following meanings: City means the City of La Porte, Texas. General Plan means the plan for the physical development and use of the Tract as defined herein and approved by the City on 28th day of March, 2005, as amended by the "Plat" (hereafter defined). H-Final Development Ageement(622174_3).DOC Owner -Developer means Port Crossing Land, LP or their assigns or succeeding developers (or their designated agent or agents). Tract means the approximately 300 acres of land to be developed by Owner -Developer as described in Exhibit A. 1.2 Exhibits. The following exhibits attached to this Contract are a part of the Contract as though fully incorporated herein: Exhibit A - Special Conditional Use Permit ("SCUP") SCUP #SCU 05-003, dated 3/28/05 Exhibit B - General Plan, consisting of the final plat ("Plat") to be recorded. Exhibit C - Land Use Exceptions Exhibit D - Draft Declaration of Restrictive Covenants for Port Crossing applicable to all construction and uses. Exhibit E- Traffic Control Plan ARTICLE II. GENERAL PLAN AND LAND USE 2.1 General Plan and Land Use. Owner -Developer and Other Owners shall develop their respective portions of the entire Tract in accordance with the General Plan, SCUP and this Agreement approved by the City. The General Plan is attached as Exhibit B and additional Land Use Restrictions are provided for in paragraph 2.3. The Owner -Developer and Other Owners shall only be responsible for compliance with the General Plan, SCUP and this Agreement with respect to their respective portions of the entire Tract. 2.2 Amendments. The City acknowledges and Developer represents that Developer's intent is to develop the Tract as a predominantly commercial PUD development, with some industrial components consistent with City's Land Use Plan subject to certain exceptions listed below. Developer or Developer's successors shall provide appropriate amenities and support facilities as set forth on the General Plan, which is attached to this Agreement. City acknowledges that Developer intends to develop the Tract in phases, and that all development shall be consistent with the Special Conditional Use Permit (SCUP), the General Plan, and this Agreement. Should Developer determine that the General Plan needs to be amended, Developer shall submit an application for amendment of the Special Conditional Use Permit, which said application shall be processed consistent with this Agreement, the current General Plan, and the Zoning Ordinance of the City of La Porte, as the same may be amended from time to time. Amendments to the General Plan, the Special Conditional Use Permit, and/or this Agreement shall be in writing. 2.3 Additional Land Use Restrictions. Owner/Developer agrees to conform all development and improvements to the Tract to the City's Code of Ordinances and established H-Final Development Agreement(622174_3).DOC - 2 - policies, and further agrees that land uses shall be further restricted according to Exhibit C, except for the permitted uses authorized by Exhibit "C". ARTICLE III. RESTRICTIVE COVENANTS 3.1 Development of Restrictive Covenants. Owner -Developer has developed a Draft Declaration of Restrictive Covenants for Port Crossing, which are attached to this Agreement as Exhibit "D". These protective covenants and deed restrictions will apply to and be binding upon the Tract, and shall be in form substantially similar to Exhibit "D". The covenants and deed restrictions shall be approved by the City and shall be recorded concurrently with each recorded plat. ARTICLE IV. TERMINATION 4.1 Term This Agreement shall have a term commencing on the date first written above, and continuing until the date in which all portions of the Tract have been platted and developed (with construction of all streets and utilities on the Tract as reflected by the Plat completed or installed and financed by the Owner -Developer. Failure of Owner -Developer to begin construction in accordance with the Special Conditional Use Permit within one year after issuance of said permit, or as scheduled under the terms of the Special Conditional Use Permit, shall terminate this Agreement. Owner -Developer may, before the expiration of one year, request an extension of time from the Planning and Zoning Commission, in the event that construction has not started in accordance with the Special Conditional Use Permit. ARTICLE V. OPEN SPACE/TRAIL, BUFFERING AND BEAUTIFICATION 5.1 Open Space/Pedestrian Trail System. The Owner -Developer shall provide common open space as shown in Comprehensive Plan and the General Plan, including any required portion of planned City trail system within the project consisting of public sidewalks within the rights -of -way noted on the Plat on at least one side of each street, together with landscaping adjacent to such sidewalks pursuant to the landscape plan approved by the City. Owner - Developer also will cooperate with any additional trail system plan on property dedicated to the City in fee or as an easement within the drainage easement and/or detention pond/drainage system shown on the General Plan. It is recognized that, until the final design of the detention pond/drainage system is approved, the exact location and dimensions of these facilities is unknown. When the final design is approved the City will evaluate the potential for use of these areas as public recreation amenities. At that time and with mutual consent, the City may elect to accept these facilities either in easement or fee. The initial development of the detention pond/drainage system and perimeter landscaping of these facilities shall be the responsibility of the Owner - Developer. In coordination with the Owner -Developer and the Harris County Flood Control District, the City will accept the drainage and detention facilities as public domain with right of entry, H-Final Development Agreement(622174_3).DOC - 3 - Maintenance of said facilities will rest solely with the Owner -Developer and the property owner's association governing the Tract. 5.2 Buffering and Beautification. The Owner -Developer shall implement a uniform and/or compatible landscape plan for all phases of the entire project that will address landscaping provisions not only adjacent to Wharton Weems Blvd. and Powell Road, but also within the building setbacks and landscape easements or reserves throughout. A Landscape Buffer (a minimum of 50' wide) shall be provided along the west side of Powell Road and shall include extensive screening -type vegetation. A landscape buffer, a minimum of 50' wide, will also be provided along State Highway 146. Landscape reserves shall also be included adjacent to all roadways, including the east side of Powell; but rather than screen, shall be landscaped compatible with the ultimate use of that adjacent property. 5.3 Signage. The Owner -Developer shall implement a sign standards policy, as part of the Declaration of Restrictive Covenants (Exhibit "D") consistent with the City's Code of Ordinances as guidance to insure effective and uniform signage is employed throughout the project. This policy will include uniform and/or compatible project identification monuments, business signage, street and other traffic directional devices conforming to the Tract's traffic control plan and deed restrictions. 5.4 Ownership and Maintenance. Ownership of the landscape buffers, reserves and easements will be held by fee ownership of adjoining property or by the Property Owners Association (POA), subject to conditions of the deed restrictions and landscape plan. The maintenance of the buffers, reserves and easements will be the responsibility of the contiguous property owners pursuant to provisions of the deed restrictions, enforced by the POA. The Open Space/Pedestrian Trail System shall be constructed within the drainage easements, the detention pond/drainage system, landscape reserves, or public right-of-ways as dictated by the final detention design. Ownership and maintenance of the Open Space/Pedestrian Trail System and drainage/detention pond system shall be determined according to Article 5.1 of this Agreement. ARTICLE VI. SCHEDULE 6.1 Schedule. The Owner -Developer or Other Owners, as applicable, shall establish a specific schedule for the development of and construction improvements on the Tract with the end user(s). However, in lieu of and as the basis of that detailed schedule, the following work program is anticipated: • Initiation of a complete engineering study, including drainage and preliminary infrastructure design. • Detailed engineering design for Phase One, being all or a substantial part of the area identified herein as Section One. This would include a rail connection to the main line and a minimum spur connection to the first building anticipated, water and sanitary sewer service, initial drainage, and detention to accommodate Phase One; H-Final Development Agreement(622174_3).DOC - 4 - • Construction of Wharton Weems Blvd., Powell Road, and Export Drive shall be completed in accordance with the Traffic Study recommendations or as needed for development purposes; • Initiation of procedure to abandon and relocate a portion of Powell Road, south of the projection of Wharton Weems Blvd. within one (1) year of SCUP approval; • Platting, site plan, and detailed engineering plan review by the City of La Porte and others; • Initiation of construction pursuant to item 6.1 above, identified as Phase One; and • Continuation of remainder of development as rapidly as market demands. ARTICLE VII. FIRE PROTECTION, HAZARDOUS MATERIALS & SAFETY 7.1 Fire Protection. The Owner -Developer shall formulate a plan for fire protection to serve the Tract by separate agreement with the POA and respective grantees. 7.2 Hazardous Materials. The Owner -Developer agrees no hazardous materials as identified in state and federal standards (NEPA) as well as City Fire Code, shall be stored on site. Compliance will be enforced by the POA in concert with the City. 7.3 Safety. The Owner -Developer shall formulate a public safety and training plan with the City and POA, to ensure safe, efficient handling and storage of materials prior to issuance of a building permit. ARTICLE VIII. TRAFFIC CONTROL PLAN 8.1.1 Traffic Control Plan. The Owner -Developer has established a Traffic Control Plan (shown on the attached Exhibit "E") for the entire project to regulate to the extent practical project -generated vehicular traffic. In Section One, based on the target market use, the Traffic Control Plan will include designated truck routes to and from the site, segregation of automobile traffic, limitation of access from public streets (driveways) and utilization of common cross easements between tracts for internal circulation. 8.2 Truck Traffic. This controlled traffic will ultimately be directed to State Highway 146 via Powell Road to Wharton Weems Blvd., to standards approved by Harris County as shown on Exhibit `B" - General Plan. Project driveways will be constructed to induce proper directional movement to preempt to the extent practical northbound traffic on Powell Road. This will be complemented by traffic signage as appropriate. In addition, Owner -Developer shall employ routing plans, driver instruction, and other controls as necessary to obtain compliance of carriers, employees, and regular contractors or service vendors. 8.3 Driveway Access. The Owner -Developer shall establish driveway access controls that shall be controlled through restrictive covenants, architectural controls and City Site Plan review. This will include conditions and design standards consistent as to size, but fewer in number as established in TxDOT Driveway Manual, Harris County, Texas, and the City Zoning Code (106- 835) pursuant to specific site plan review. Unless otherwise approved during review of H-Final Development Agreement(622174_3).DOC - 5 - preliminary plats and the Plat, driveways along SH 146 entering this Tract shall be limited to a total of eighteen (18), but in all cases, each individual reserve with frontage on SH 146 shall have at least one opening. Provision shall be made, where practical, for internal cross -access easements to maximize ingress, egress and circulation to minimize congestion on public rights - of -way and to encourage traffic to be directed to Wharton Weems Blvd. interchange. 8.4 Transportation Issues The Developer shall continue to work with the City, Harris County and other public and private sector interests to implement the timely study and/or construction of transportation components. ARTICLE IX. SITE RAIL TRAFFIC 9.1 Site Rail Traffic. The Other Owners and/or Rail Logix, LP ("Rail Logix"), a Texas limited partnership, an affiliate of one of the partners of Owner -Developer, as applicable, will continue to work with City and such parties' rail consultants, as evidence of the commitment to the City to improve rail efficiency in the area, reduce conflicts at Fairmont Parkway, and potentially decrease current rail impacts. On -site rail facilities and operations shall be controlled by Rail Logix in order to maximize rail efficiency and minimize peak hour conflicts with vehicular traffic at Fairmont Parkway. Owner — Developer, Other Owners and Rail Logix agree and acknowledge that the rail yard as depicted on the General Plan shall be limited to a maximum of 22 rail lines and that no rail lines or sidings will extend to the east side of Powell Road. ARTICLE X. UTILITIES, DRAINAGE 10.1 Utilities, Drainage. The Owner -Developer shall design and construct adequate water, wastewater, and drainage facilities to serve each phase of this project in accordance with City requirements and as further defined by this Agreement. As to water and sanitary sewer, this would include a water system that would deliver 4-6,000 gallons per minute necessary for sprinklered fire protection with a loop connection to the 16" main on the east side of S.H. 146 and a gravity wastewater disposal system that flows into a 60" trunk line on "K" street south of Fairmont Parkway. The Developer will provide a drainage study for the Tract. The study and design of drainage improvements shall meet the requirements and approval of the City and Harris County Flood Control District. Owner -Developer's representative agrees to meet with City, prior to design of public utilities, to discuss design criteria standards and policies. City shall approve all construction plans and specifications for public improvements in accordance with the applicable Public Improvement Criteria Manual. ARTICLE XI. BUILDING LINES 11.1 Building Lines. The Owner -Developer shall establish building lines appropriate to the use, but not less than those prescribed in the City Code of Ordinances. Within the industrial Land Uses area west of Powell Road there will be a landscaped 50-foot buffer and building line along Powell Road. Similarly, along State Highway 146, a 50-foot landscape buffer and H-Final Development Agreement(622174 3).DOC - 6 - building line shall be maintained. These respective 50- foot landscape buffers shall be kept free from all other uses with the exception of signage, drainage and detention improvements, and approved drives, parking and entrances. Owner -Developer agrees that other building lines will be either equal to or greater than that required by ordinance for the land use shown and shall be based on site use and orientation of the improvements or as shown on the General Plan. ARTICLE XII. MISCELLANEOUS 12.1 Sale of Tract; Assignability. Any contract by Owner -Developer to sell the entirety or any portion of the Tract to a person or entity intending to develop the tract or such portion thereof (a "Successor Developer," whether one or more) and any instrument of conveyance for the entirety or any portion of the Tract to such Successor Developer shall recite and incorporate this recorded Contract and exhibits hereto and provide that this Contract be binding on such Successor Developer. 12.2 Force Majeure. If by reason of force majeure any party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement, then if such party shall give notice and full particulars of such force majeure in writing to the party within a reasonable time after occurrence of the event or cause relied on, the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of inability then claimed, but for no longer period; and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States, or any civil or military authority, insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, arrests, restraining of government and people, civil disturbances, explosions, or partial or entire failure of water supply resulting in an inability to provide water necessary for operation of the water and sewer systems hereunder. Force Majeure may not be claimed by Owner - Developer under any set of circumstances prior to commencement of construction on the Tract. 12.3 Law Governing. This Contract shall be governed by the laws of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a federal or state court of competent jurisdiction. 12.4 No Additional Waiver Implied. No waiver or waivers of any breach or default by any party hereto of any term, covenant, condition, or liability hereunder, or the performance by any party of any duty or obligation hereunder, shall be deemed or construed to be a waiver of subsequent breaches or defaults of any kind, under any circumstances. 12.5 Addresses and Notice. Unless otherwise provided in this Contract, any notice, communication, request, reply, or advice (herein severally and collectively, for convenience, called "Notice") herein provided or permitted to be given, made or accepted by any party to the other (except bills), must be in writing and may be given or be served by depositing the same in the United States mail postpaid and registered or certified and addressed to the party to be notified. Notice deposited in the mail in the manner hereinabove described shall be conclusively deemed to be effective, unless otherwise stated in this Contract, from and after the expiration of H-Final Development Agreement(622174_3).DOC - 7 - three (3) days after it's deposited. Notice given in any such other than the manner shall be effective when received by the party to be notified. For the purpose of notice, addresses of the parties shall, until changed as hereinafter provided, be as follows: If to the City, to: City of La Porte Attn: City Manager 604 West Fairmont Parkway LaPorte, Texas 77571 If to Owner/Developer, to: Port Crossing Land, LP Russell Plank 3330 S. Sam Houston Pkwy. E. Houston, TX 77047 and Port Crossing Land, LP Mark Studtmann One Pierce Place, Suite 450 Itasca, IL 60143 The parties shall have the right from time to time and at any time to change their respective addresses and each shall have the right to specify any other address by at least fifteen (15) days written notice to the other. 12.6 Merger and Modifications. This Contract, including the exhibits that are attached hereto and incorporated herein for all purposes, embodies the entire agreement between the parties relative to the subject matter thereof. This Contract shall be subject to change or modification only with the mutual written consent of the parties. 12.7 Benefits of Contract. This Contract is for the benefit of the City and Owner -Developer and shall not be construed to confer any benefit on any other person except as expressly provided for herein. 12.8 Attorney's Fees. In the event of any litigation between the parties with respect to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs from the losing party. 12.9 Government Immunity Preserved. The Owner -Developer and the City agree that the City does not, by entering in to this Contract or performing any act hereunder or by failing to take any action hereunder, waive any governmental immunity that the City, its officers, employees, or representatives, have under any law. 12.10 One -Party Breach. Any breach of this agreement by one party identified and referred to herein as Owner -Developer shall not be or constitute a breach of this agreement by the other party of Owner -Developer. H-Final Development Agreement(622174_3).DOC - 8 - 12.11 Covenant Running With the Land. The obligations imposed on Owner Developers herein shall not impose personal liability on them, but shall constitute a covenant running with the land, and as such shall be binding on the present owners of the Tract as well as subsequent owners thereof. (This space intentionally left blank) H-Final Development Agreement(622174_3).DOC - 9 - OWNER -DEVELOPER: Port Crossing Land, LP, a Texas limited partnership By: Port Crossing Land GP, LLC a Texas limited liability company it general partner By: loaev--� A" Russell D. Plank, Vice President Date: 47 — 26 — 0 OTHER OWNERS: DEL PISO INVESTMENTS, LLLP, an Arizona limited liability limited partnership By: Harl Avenue Investments, L.L.C., an Arizona limited liability com y, its general partner By: Gary fWsten, Manager By: "'�Z— a tthew Huae, Manager Date: H-Final Development Agreement(622174_3) - 10 - FLPCW,LP a Texas limited partnership By: FLP Candle GP, Inc., a Texas core ation its general partner i By: -X_— - Georg Cook, President Date: f Z jc�— O to National Property Holdings, L.P., a Texas limited partnership By: National Property Holdings GP, LLC, a Texas limited liability company its general partner By: eft'oev D' /44 - Russell D. Plank, Vice President Date: R 'I- G ` Powell Road Logistics, L.P., a Texas limited partnership By: Powell Road Logistics GP, LLC a Texas limited liability company, its general partner By: '&We� 7) . &t Russell D. Plank, Vice President Date: ? Z 6 —0 6 H-Final Development Agreement(622174_3) (2).DOC - 11 - CITY OF LA PORTE, TEXAS By: City Manager Date: ATTEST: Martha Gillett, City Secretary APPROVED: John D. Armstrong, Assistant City Attorney Exhibit C H-Final Development Agreement(622174_3).DOC - 12 - City of La Porte Special Conditional Use Permit #SCU 05-003 (_ This permit is issued to: La Porte 81, Ltd.; La Porte 82, Ltd. and La Porte 115, Ltd., La Porte 146, Ltd. and Stuart Haynsworth. General Partner. Owner or Agent 815 Walker, Suite 1435 Houston, Texas 77002 Address For development of: A 342 acre Planned Unit Development, known as Texas Import/Export Park, a mixed use development further defined by a General Plan Prepared by Northrup Associates, Inc. The Planned Unit Development is further defined by a Development Agreement between the Owner/Agent listed above and the City of La Porte. This Special Conditional Use Permit and the General Plan are Exhibits to and a part of the Development Agreement. Development Name Legal description: 342 acres of land out of the George B. McKinstry League, A-47; William P Harris Survey, A-30; Johnson Hunter Survey. A-35 and more particularly described by "Exhibit B" - Development Agreement. Zoning: The mooning for the tract is Planned Unit Development The permitted land uses for this Planned Unit Development aregenerally depicted on p "Exhibit A" - General Plan of Texas Im ort/Export Park. These permitted land uses are more specifically defined and/or restricted by conditions established in the Development Agreement. Permit Conditions: 1. This SCUP does not go into effect until amended General Plan, revised Development Agreement, and all other supporting documents are considered by the Commission & approved by City Council. 2. This SCUP is not applicable to any specific development anticipated or proposed by General Plan. 3. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and the General Plan shall require further submittal and approval of plats, site plans, construction drawings, engineering analysis, covenants, etc. 4. Said submittals shall be in accordance with this SCUP, the approved General Plan, and the future approved Development Agreement. 5. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Failure to begin construction within one (1) year after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: AMI D ct f P nn' City S cretary VICINITY MAP Z O $ ti eAYPORT INDUSTRIAL PART( REAGEN%CHEMlC9L A RESEARCH, INC _ _ mo.agP'w ,TMF \ ,a \ $ RESERVE •CI' ;—_ _—_—_—_—_ I I ,w i� Ifl I I an �R,o'•,zaa,A ys.,r � sn � � I I - _ � _ _ _ Near SECTION ONE \ ACREAGE I I ' I=I I f (RESERVES A&B) I I \ ,wlx uw .,emu) s"` 141.11 ACRES � - an_ p =--- — Ro. nsosr.i RESERVEv — ao tow6��-Ra-_.� -` rva®wwwue L-_- _ --i'dOL3 ---=--s.,.—...ter __-__ _-- r--- '�'�i r RESERVE i PIERS/OE 4 7NDUS7R/ES r---_ / \ it m I ixo L I I O 1AESERV6x 1 •i/ Rm•roH'w --- I �--_ —JI L _—_—_ I RE SERVES I I yi ou.woE 1 or_m—rs__.� � RESERVE F � law J 1 �_ ��_ -------- I ----`(-------, —i / I >< I RESER 1 • L — _ _ RESERVE -I'• REEVE 9- I '/� ( �ESER,•A1 1 _—_—_—_._ I I ��RESE l i t �� 1 r-- au _ ��h /. I RET I I R •O• � el U � �� 4�1a�o AV) c „ i—I ` �,� � ,Eo� I� 1I roRiceEl �-'_-_--- --sm•�'sn --- �xr• ,St .4R��I _--`�-• - •I�s - \�`$ `�/ `✓��ij vE�A�R STATE HWY. 6 —it — FLOOD PLAIN —— — — —— O P.U.D. r__—____---__----- I i >� P. U.O. GENERAL PLAN OF 1<� I�I PUD. � TEXAS IMPORT I EXPORT PARK I I � 342.262t ACRES OF LAND OUT OF THE GEORGE B. McKINSTRY LEAGUE, A-47 ALL PIPELINE R.O.W_ IS SU6 CT TO LOCATION VERIFI T10N AND WILLIAM P. HARRIS SURVEY, A-30 PossINLLE RELOCATION WITHIN DEDICATED ESMT. THIS GENERAL LAIN H OF THUS EXLS S IMPORT PORT PARK ALSO OWNER/DEVELOPER: JOHNSON HUNTER SURVEY, A-35 NOTE FOR STUDY AND PLANNING USE ONLY, NO WARRANTY IS MADE SUBJECT TO THE TERMS AND PROVISIONS OF A SPECIAL STUART HAYNSWORTHGENERAL PARTNER CITY OF LA PORTE, HARRIS COUNTY, TEXAS STUART AS ID THE ACCURACY OF THE INFORMATION CONTAINED HEREON. SAID INFORMATION REPRESENTS AGRAPHIC CI"TION OF DATUM CONOMON OF USE PERMIT AND A DEVELOPMENT AGREEMENT. THIS GENERAL PLAN AND THE 3PECIALCONDITIONALUSEPERMTi B15WALKERAVE., SUTTE1435 OBTAINED FROM MAPS., SURVEYS, AND OTHER DOCUMENTS ARE ECHIBTTS TO THE DEVELOPMENT AGREEMENT. HOUSTON, TEXAS 77002 /- PROADED TO NATIONAL PROPERTY HOLDINGS. L.P. NATIONAL PROPERTY HOLDINGS, L.P. .0 RAQ D 141 REAL. ESTATE CONSULTANTS RusSELL D. PLANK SCALE: 1'=200• JANUARY 2005 Exhibit D Land Use Exceptions In reserves where the General Plan indicates "GC" uses, all uses permitted in the City of La Porte Zoning.Ordinance under GC (indicated with a "P") are permitted here with the exception of: Building Construction — General Contractors and Special Trade Contractors (152-161, 171-179) Automotive Repair Services (751-754) Outdoor Sales as a Primary or Accessory Use Outdoor Storage as a Primary or Accessory Use Residential Uses In reserves where the General Plan indicates "BI" uses, all uses permitted in the City of La Porte Zoning Ordinance under BI (indicated with a "P' are permitted here with the exception of: Building Construction — General Contractors and Special Trade Contractors (152-161, 171-179) Automotive Repair Services (751-754) Outdoor Sales as a Primary or Accessory Use Outdoor Storage as a Primary or Accessory Use, including any storage of Shipping Containers General Contractors, Heavy Construction (161, 162, 1541) Off -Premises Signs In reserves where the General Plan indicates "LI" uses, all uses permitted in the City of La Porte Zoning Ordinance under LI (indicated with a "P' are permitted here with the exception of: Building Construction — General Contractors and Special Trade Contractors (152-161, 171-179) Automotive Repair Services (751-754) Outdoor Sales as a Primary or Accessory Use Outdoor Storage as a Primary or Accessory Use, including any storage of Shipping Containers General Contractors, Heavy Construction (161, 162, 1541) Manufacturing of Chemicals and Allied Products (282-285) Off Premises Signs An additional permitted use shall be SIC Manual Major Group 30 (Rubber and Misc. Plastics Products) In Reserve "A" labeled Rail/Warehouse on the General Plan, all uses permitted in the City of La Porte Zoning Ordinance under LI (indicated with a "P' are permitted here with the exception of: Building Construction — General Contractors and Special Trade Contractors (152-161, 171-179) Automotive Repair Services (751-754) - Outdoor Sales as a Primary or Accessory Use Outdoor Storage as a Primary or Accessory Use, Including any storage of Shipping Containers General Contractors, Heavy Construction (161, 162, 1541) Manufacturing of Chemicals and Allied Products (282-285) Off Premises Signs An additional permitted use shall be SIC Manual Major Group 30 (Rubber and Misc. Plastics Products) Additional permitted uses are certain HI uses permitted in the City of La Porte Zoning Ordinance associated with rail services such as; A rail yard with a maximum of 22 rail lines is permitted. Rail service to and distribution from warehouses proposed; Rail service to light manufacturing not otherwise exempted herein. DECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS PORT CROSSING H-\\ssdcl\home$\rplank\LaPorte Property\City of LaPorte\Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC TABLE OF CONTENTS Article Pale Number l . PERMITTED AND PROHIBITED USES........................................................................... 2 2. ARCHITECTURAL CONTROL.......................................................................................... 2 3. CONSTRUCTION -RELATED RESTRICTIONS................................................................ 4 4. MAINTENANCE OF PROPERTY...................................................................................... 8 5. INSURANCE, INDEMNITY AND CASUALTY LOSS ...................................................... 8 6. ENVIRONMENTAL REMEDIATION.............................................................................. 10 7. ENFORCEMENT............................................................................................................... 10 8. COVENANT FOR MAINTENANCE ASSESSMENTS................................................... 11 9. PROPERTY OWNERS' ASSOCIATION........................................................................... 14 10. SEVERABILITY................................................................................................................ 14 11. ADDITIONAL RESTRICTIONS....................................................................................... 15 12. TERM................................................................................................................................. 15 13. AMENDMENTS................................................................................................................ 15 14. MISCELLANEOUS........................................................................................................... 16 H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC - I - DECLARATION OF PROTECTIVE COVENANTS AND EASEMENTS THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF HARRIS § THAT, PORT CROSSING LAND, LP, a Texas limited partnership (hereinafter called the "Developer"), being the owner of certain tracts of land containing a total of approximately 231 acres in Harris County, Texas, being more particularly described in Exhibit A attached hereto and made a part hereof for all purposes (said tracts of land being hereinafter referred to as the "Port Crossing" or "Subject Property") and any portion thereof platted as a separate tract or conveyed to third parties or developed by Developer or an affiliated entity being hereinafter referred to as a "Tract", for the purpose of adopting a uniform plan for the benefit of the present and future owners of any portion of the Port Crossing, does hereby adopt and establish restrictions, covenants and easements as hereinafter provided for the Subject Property. Powell Road Logistics, L.P., a Texas limited partnership, National Property Holdings, L.P., a Texas limited partnership, Del Piso Investments, LLLP, a Arizona limited liability limited partnership and FLPCW, LP, a Texas limited partnership, the owners (collectively, the "Other Owners") of certain tracts of land also containing a total of approximately 63 acres, Harris County, Texas, being more particularly described in Exhibit B attached hereto and made a part hereof for all purposes (said tracts of land also comprising part of the "Port Crossing" or "Subject Property') are joining in this "Declaration" (hereafter defined) for the purpose of adopting and establishing the restrictions, covenants, and easements as hereinafter provided for the portion of the Subject Property owned by the Other Owners. Port Crossing, when platted and following the realignment of certain roads, will comprise approximately 300 acres. Developer contemplates developing Port Crossing in a manner which will include public streets, a water distribution system, a sanitary sewer system, and drainage/detention facilities within the Subject Property and Developer reserves the right to create such public streets and utility -related facilities. Any portions of the Subject Property reserved or restricted or conveyed to the "Association" (hereafter defined) for private streets, utility facilities, and landscaping shall not be subject to "Assessment" (hereafter defined). Additionally, any portion of the Subject Property dedicated for utility facilities (excluding, however, any portion of a Tract) or conveyed to governmental authorities shall not be subject to the restrictions contained in this Declaration, except for the prohibited uses described in Article 1. Developer, for itself, and its successors and assigns, and the Other Owners (as to the portion of the Subject Property owned by each of the Other Owners, respectively) hereby declare that the Port Crossing and each part thereof shall be owned, held, transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained and improved subject to the covenants, conditions, restrictions, limitations, reservations, easements, equitable servitude and other provisions set forth in this Declaration Of Protective Covenants And Easements ("Declaration"). The Tracts and Private Facilities within the Subject Property shall be subject to the jurisdiction of the "Association" (hereafter defined). The covenants, conditions, restrictions, limitations, reservations, easements and equitable servitudes shall run with, inure to the benefit of, and shall be binding upon, all of the Subject Property, and each Tract and any common area therein, and shall be binding upon and inure to the benefit of (a) the Developer, its successors and assigns, (b) the Association and its successors and assigns, and (c) all persons or entities (the "Owner(s)") having or hereafter acquiring any right, title, or interest in or to any portion of the Subject Property and their heirs, legal representatives, successors and assigns, other than for security purposes. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC `1 PERMITTED AND PROHIBITED USES No Tract or portion of the Subject Property shall be used for any purposes, except for office, research and/or development, retail (subject to the further limitations herein contained), commercial, commercial processing, servicing, light industrial, manufacturing, retail sales of industrial products by manufacturers thereof or by manufacturer's representatives, warehousing or distribution purposes and services ancillary to such uses, or any combination of such uses, and heavy industrial if approved by Developer in writing. No use shall be permitted which (1) is offensive by reason of odor, fumes, dust, smoke, noise, vibrations, radiation, radio interference or pollution, (2) is hazardous by reason of excessive danger of fire or explosion, (3) otherwise constitutes a nuisance, (4) is dangerous or unsafe, (5) would injure the reputation of the Subject Property, or (6) is in violation of any city, county, state or federal law, regulation or ordinance. The following uses shall not be permitted in or on any portion of the Subject Property: (1) any distilling, refining, smelting, meat, poultry or fish processing plant, agricultural or mining operation; (2) any mobile home park, trailer park, labor camp, or stockyard (except this provision shall not prohibit the temporary use of construction trailers during periods of construction, reconstruction or maintenance); (3) junk yard, scrap metal yard or waste material business, sales in bulk of junk, automobile wrecking yard, salvage yard, asphalt plant, any storage, dumping, disposal, incineration or reduction of hazardous waste, garbage or refuse, bus station, any fire or bankruptcy sale or auction house operation, or as an airport. (4) any mortuary or funeral home; (5) school, church or governmental office (other than a research or development or business office that does not have customers); (6) any drilling, refining, quarrying or mining operations of any kind, (7) any establishment whose primary business is the sale or rental or display of sexual materials or drug related paraphernalia or whose primary business is providing any adult only or sexually oriented service or product including, but not limited to, massage parlors, topless establishments, any "adult" bookstore or "adult" movie theater; (8) any flea market, bowling alley, nightclub, bar, lounge, tavern, theater, amusement park or video arcade; provided, however, that this prohibition shall not prohibit placement of video machines that are incidental to the conduct of a permitted business at the Subject Property; and (9) any gaming facility or operation including, but not limited to, off- track or sports betting parlor, table games such as blackjack, poker, slot machines, video poker, blackjack, keno machines or similar devices or bingo hall. Notwithstanding the foregoing, this prohibition shall not apply to any government -sponsored gaming activities or charitable gaming activities so long as such governmental or charitable activities are incidental to the business being conducted by the occupant of that portion of the Subject Property and do not occur regularly. The use of any portion of the Subject Property by any Owner shall be subject to all laws, regulations, codes and ordinances of all applicable governing authorities, including, without limitation, any zoning ordinances. In the event of any conflict between the terms of this Declaration and the terms of any such law, code, regulation or ordinance, then the provisions of this Declaration or any law, code, regulation or ordinance which is stricter shall govern. 2. ARCHITECTURAL CONTROL A. Plan for Development. The plan for the development of the Subject Property contemplates the centralization of architectural control to enhance, insure and protect the attractiveness, beauty and desirability of the Subject Property as a whole. It is accordingly covenanted and agreed that (i) no building, structure or any appurtenances thereto of every type or kind, including, without limitation, patios, patio covers, awnings, painting of any exterior surfaces of any visible structure, additions, sidewalks, walkways, sprinkler pipes, drives, driveways, parking areas, fences, roofs, screening, walls, retaining walls, stairs, decks, fixtures, poles, exterior tanks, solar energy equipment, exterior air conditioning fixtures and equipment, exterior lighting, radio, conventional or cable or television antenna or dish, microwave television antenna and/or landscaping (collectively herein referred to as the "Improvements") shall be commenced, erected, constructed, placed, or maintained upon any portion of H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC 2 the Subject Property and/or (ii) any exterior modification, renovation, expansion, restoration or repair (if different from the original exterior construction) change or alteration be made to any Improvement shall be commenced, erected, constructed, placed, or maintained upon any portion of the Subject Property until in the case of (i) or (ii), above, the plans and specifications therefor ("Plans") showing the nature, color, kind, shape, height, materials and location of the same (including site landscaping, drainage and grading plans and utility layout) have been submitted to and approved in writing as to harmony and external design and location and relationship to surrounding structures and topography by Developer until the "Transfer Date" (hereafter defined) and thereafter by the "Board" (hereafter defined). The drainage plans shall cause the Subject Property to be drained in a manner so that no standing water remains for any extended period of time following any precipitation and the Subject Property does not become a breeding ground for mosquitoes. All references in this Article 2 and in Article 3 hereafter made to the Board shall refer to the Developer prior to the Transfer Date and thereafter to the Board. In the event that the Board fails or refuses to approve or disapprove such design or location within thirty (30) days after the Plans have been submitted to it, it will be deemed that the Board has approved such Plans. In the event of damage or destruction of any Improvement, approval shall be granted by the Board for the restoration of Improvements if the Improvement is to be restored in substantial accordance with the original approved Plans. If the Improvements will not be restored in accordance with the original approved Plans, then the Plans for such restoration shall be subject to approval in the same manner as the original Improvements to the Tract. All decisions of the Board shall be final, conclusive and binding and there shall be no review of any action of the Board. B. No Representation or Warranty; Limitation of Liability. No approval of Plans shall ever be construed as representing or implying that such Plans will, if followed, result in a properly constructed structure complying with all applicable legal requirements or built in a good and workmanlike manner or be deemed approval of the Improvement from the standpoint of safety, whether structural or otherwise. Neither the Developer, the Association, nor any members of the Board shall be liable in damages to anyone submitting Plans for approval, or to any Owner or occupant of any part of the Subject Property affected by this Declaration, by reason of or in connection with the approval or disapproval or failure to approve any Plans submitted. Every person who submits Plans for approval agrees, by submission of such Plans, and every Owner or occupant of any portion of the Subject Property involved herein agrees, by acquiring title thereto or any interest therein, that such person will not bring any action or suit against the Developer, the Association, or any of the members of the Board to recover any such damages. C. Inspection of Improvements. The Board or its duly authorized representative, as well as the City of LaPorte ("City'), shall have the right, but not the obligation, to inspect any Improvements to a Tract prior to or after completion of any Improvements. D. Notice of Completion. Promptly upon completion of any Improvements, Owner shall deliver a notice of completion ("Notice of Completion") to the Board and the City and, for all purposes hereunder, the date of receipt of such Notice of Completion by the Board shall be deemed to be the date of completion of such Improvements, provided that the Improvements are, in fact, completed as of the date of receipt of the Notice of Completion. E. Notice of Non -Compliance. If, as a result of inspections or otherwise, the Board and/or the City finds that any Improvement has been constructed or undertaken without obtaining the approval of the Board and/or the City, or has been completed other than in substantial conformity with the Plans furnished by the Owner to and approved by the Board and/or the City, as applicable, or has not been completed within a reasonable period of time (as agreed upon by the Board and/or the City, or, if no agreement, as determined by the Board and/or the City, in its sole good faith discretion) after the date of approval by the Board and/or the City (as determined by the Board and/or the City), subject to delays due to "Force Majeure" (hereafter defined) causes, the Board and/or the City shall notify the Owner and the City or the Board, as applicable, in writing of the noncompliance, which notice (the "Notice of Noncompliance") shall be given, in any event, within sixty (60) days after the Board and the City receive a Notice of Completion from the Owner. The Notice of Noncompliance shall specify the particulars of the noncompliance and shall require the Owner to take such action as may be reasonably necessary to remedy the noncompliance. The Notice of Noncompliance may be filed in the public records and the cost of preparing and filing the same and the release thereof shall be paid by such Owner. H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC 3 F. No Waiver or Estoppel. No action or failure to act by the Board shall constitute a waiver or estoppel with respect to future action by the Board. G. Variances. The Board may authorize variances from compliance with any of the provisions of this Declaration, including restrictions upon height, size, floor area or placement of structures within set -back lines established by this Declaration, on a plat (or plats) of the Subject Property, parking requirements, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require or when such variance would result in a more common beneficial and/or efficient use and not detract from the overall development plan for the Subject Property as determined by the Board. Such variances must be evidenced in writing and shall become effective when signed by a majority of the members of the Board. The granting of a variance in one instance shall not require the Board to grant a similar variance for another portion of the Subject Property. If any such variance is granted, no violation of the provisions of this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted; PROVIDED, HOWEVER, THAT THE GRANTING OF AVARIANCE SHALL NOT OPERATE TO WAIVE ANY OF THE PROVISIONS OF THIS DECLARATION FOR ANY PURPOSE EXCEPT AS TO THE PARTICULAR TRACT AND PARTICULAR PROVISION HEREOF COVERED BY THE VARIANCE, NOR SHALL THE GRANTING OF A VARIANCE AFFECT IN ANY WAY THE OWNER'S OBLIGATION TO COMPLY WITH ALL GOVERNMENTAL LAWS AND REGULATIONS AFFECTING THE PROPERTY CONCERNED, INCLUDING, BUT NOT LIMITED TO ZONING ORDINANCES OR REQUIREMENTS IMPOSED BY ANY GOVERNMENTAL AUTHORITY HAVING JURISDICTION. THE OWNERS ACKOWLEDGE THAT ONLY THE CITY SHALL BE AUTHORIZED TO GRANT VARIANCES AND SPECIAL EXCEPTIONS TO THE CITY ZONING ORDINANCE AND GOVERNMENTAL LAND USE RESTRICTIONS THROUGH THE ZONING BOARD OF ADJUSTMENT. THE BOARD AGREES TO INFORM THE CITY IN WRITING ("VARIANCE NOTICE") PRIOR TO THE GRANTING OF ANY VARIANCE REQUEST OF THE ISSUE UNDER CONSIDERATION AND THE PROPOSED ACTION BY THE BOARD SO THAT THE CITY CAN VERIFY THAT THE PROPOSED VARIANCE, IF GRANTED, WOULD NOT VIOLATE ANY ZONING ORDINANCES, LAND RESTRICTIONS OR REGULATIONS, INCLUDING, WITHOUT LIMITATION, THAT CERTAIN DEVELOPMENTAGREEMENT DATED ON OR ABOUT THE DATE HEREOF BETWEEN DEVELOPER AND THE CITY, AND JOINED IN BY THE OTHER OWNERS. If the City objects to the granting of the variance, the City shall notify the Board (through its representative designated in the Variance Notice) within ten (10) business days following the City's receipt of the Variance Notice. If the City fails or refuses to approve or disapprove the variance request within such ten (10) day period, the City will be deemed to approve such variance request. 3. CONSTRUCTION -RELATED RESTRICTIONS A. Exterior Materials. Each of the Improvements to be located on any portion of the Subject Property shall be constructed with exterior materials of brick, masonry, stone, marble, or permanently finished (in a manner approved in writing by the Board in their discretion) concrete and/or glass, or of an equivalent, permanent, architecturally -finished material to finished grade. All exterior finishes shall be approved by the Board. No Improvement shall be covered with aluminum, iron, steel or other metal surface or finish unless previously approved in writing by the Board. Sidewalks of a design and location approved by the Board shall be constructed along one side of the right-of-way of all dedicated public streets (except State Highway 146) abutting any property line. Any concrete block exterior surfaces shall be painted. All exterior tilt -up concrete walls must be painted unless constructed with decorative aggregate exterior designs. B. Building Set Backs. No building or structure or other facility of any nature shall be constructed or erected on a Tract between the adjoining street or roadway right-of-way line or adjoining side or rear property lines and the "Set Back Lines" (defined below) which shall run parallel to the Property as follows: H-Final Version of Declaration of Protective Covenants and Ease me nts(620880_4).DOC (1) For all buildings or other structures which are located along State Highway 146, the "Set Back Lines" along such streets and roadways shall be a minimum of fifty feet (50'); (2) For all buildings or other structures fronting any street or roadway, other than State Highway 146, the "Set Back Lines" along such streets or roadways shall be a minimum of twenty-five feet (25') or in accordance with the approved Final Plat of Port Crossing. (3) For all buildings or other structures, the "Set Back Lines" along any side or rear property line not adjoining a street or roadway shall be a minimum of ten feet (10'); and (4) The "Set Back Lines" for paving for parking areas which front State Hwy. 146 or any other streets or roadways within the Subject Property shall be determined by the Board, However, in no event shall any paving for parking be closer than ten feet (10) to any side or rear property line not adjoining a street or roadway. For purposes of this Declaration, all Set Back Lines shall be measured from (a) the right-of-way line of the street or roadway adjoining the Tract as such right-of-way line exists at the time that the construction of the improvements on the Tract is commenced, or (b) the adjoining side or rear property line, as applicable. C. Parking. Each Owner or lessee shall at all times devote a sufficient portion of its Tract to providing paved off-street parking facilities adequate for the use(s) to which its Tract is put and otherwise sufficient to comply with any applicable law, rule, regulation or ordinance, but not less than the following: Use Number of Spaces Office 4 minimum, plus 3 spaces per 1000 square feet of net usable area Retail Commercial Services, Manufacturing or Limited Warehousing and Distribution 4 minimum, plus 4 spaces per 1000 square feet of net usable area 3 spaces per 1000 square feet of office area and one space per 1500 square feet of non -office area, but not less than one space per 1.5 non - office employees Parking will not be permitted on any street or at any place other than the paved parking spaces provided therefore. Each Owner and lessee shall be responsible for compliance with this Paragraph C by constructing or exhibiting paved parking areas on such Owner's Tract, provided that paved parking areas shall cover not more than eighty-five percent (85%) of the area between a building and a dedicated or private street. The Board reserves the right during its review of construction plans to relax minimum parking requirements, subject to compliance with all City of La Porte regulations and ordinances, on the Tracts where necessary or desirable to accomplish more effective and compatible land utilization. D. Signs. All signs shall be in locations and of a design and material approved in writing in advance by the Board. No more than two (2) free standing ground or berm mounted permanent signs shall be permitted for each Tract, unless a Tract has frontage on two or more streets, in which case no more than three (3) free standing ground or berm mounted permanent signs shall be permitted for such Tract. Unless otherwise approved in writing by the Board, all other signs must be attached to a building and shall be parallel to and contiguous with its wall and not project above its roof line. No neon sign or sign of a flashing or moving character shall be installed and no sign shall be painted on a building wall. H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC 5 Directional and traffic control signs, and signs advertising the sale or lease of a Tract are also permitted upon the written approval of the design and location by the Board. In the event a building has multiple tenants, all tenants may be shown on one of the permitted signs, at the discretion of the owner of the Tract. The Board shall have the right, and hereby reserves an easement, to enter upon any and all portions of the Property to remove any signs that are in violation of this Article 3 upon reasonable notice to the Owner or lessee of such portion of the Property, all at the expense of such Owner or lessee. The Board may promulgate sign guidelines (which shall include guidelines for pylon signs, monuments and flagpoles) which may be modified by the Board from time to time in its sole good faith discretion. Notwithstanding the Board's approval of any signs, all signs also shall comply with the City's zoning ordinance and be permitted by the City. E. Harmful Substances. No affluent containing harmful bacteria, poisonous acids, oils or other harmful substance shall be permitted to drain or drift beyond the property lines of any Tract. F. Loading/Unloading. Delivery vehicle loading and unloading shall occur on -site only and street delivery vehicle loading and unloading is not permitted. Loading/unloading facilities shall be separated from employee, customer and visitor circulation and parking areas. Loading docks will not be permitted to face any public street or right-of-way, unless otherwise approved by the Board, and provision must be made for handling all freight on those sides of a building which do not face a street; provided, however, that in any instance in which a building would face streets on all of its sides, a loading dock or docks will be permitted on the two sides of such building which are, respectively, farthest from frontage streets unless the Developer shall in writing permit a loading dock on another side of such building. All loading docks must be screened from public view in a manner approved in writing by Developer prior to construction or alteration of any building. G. Outside Storage or Operations; Screening. No outside storage of any kind shall be permitted except as expressly provided herein, or as otherwise approved in writing by the Board. Retail sales equipment may be displayed outside in a manner which is architecturally compatible with the other Improvements on the Tract, with the approval of the Board. Watertowers, cooling towers, communication towers, fans, exterior processing equipment, storage tanks, roof -top equipment, ground -mounted equipment, and any other similar structures or equipment shall be architecturally compatible with the other Improvements on the Tract, or effectively shielded from view from a dedicated or private street in a manner approved in writing by the Board prior to construction. All screening devices shall be subject to compliance with all laws, regulations, codes and ordinances of all applicable governmental authorities. The right of a purchaser, grantee, Owner or lessee to use any building or buildings shall not be construed to permit the keeping of articles, goods, materials, incinerators, storage tanks, boats, trailers, campers, horse trailers, buses, inoperative vehicles of any kind, boat rigging or other vehicles or associated equipment of a recreational or commercial nature, refuse containers or like equipment in the open or exposed to public view, or view from adjacent buildings. If it shall become necessary to store or keep such materials or equipment in the open, they shall be screened from view in a manner approved in writing by Developer. Adequate screening must also be provided to shield such stored materials and equipment from view from the ground floor level of all adjacent buildings. Under no circumstances shall any materials or equipment be stored within the applicable Set Back Line for any street. H. Utility and Drainage Easements. Developer reserves the right, without the necessity of joinder of any Owner or other person or entity (and each and every Owner or lessee, by its acceptance of a deed or ground lease covering any portion of the Subject Property, hereby grants to Developer the right), to grant, dedicate, reserve or otherwise create, from time to time, easements ("Utility Easements") for public utility purposes in, on, over, through and across any portion of the Subject Property lying within twenty-five feet (25') of any street (dedicated or private) and within ten feet (10') of any side or rear property line, said easements to be for the purpose of laying, constructing, installing, maintaining, operating, inspecting, repairing, altering, substituting, replacing and removing any and all lines, cables, pipes, conduits, wires, poles, equipment and other necessary or desirable appurtenances for providing utilities (including, without limitation, electric, water, gas, telephone, sanitary sewer, drainage utilities and cable and other communications facilities) to the Subject Property; such easements to be for the use and H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 6 benefit of Developer, and any utility or cable company to whom Developer conveys or grants an easement for the purpose of providing utilities and related services to the Subject Property and the Owner of any portion of the Subject Property, their heirs, legal representatives, successors and assigns. If applicable, Owners shall have the right to use the drainage easement and to tie into any such utility lines located on such Owner's respective Tract upon payment of any tie-in charge imposed by the utility company, or by any party providing such utility service. No structure shall be erected on any of said easements, and no Improvements may be placed within said easements without the prior written approval of the Board and any utility company using such easements. Easements may be crossed by driveways and walkways provided the Owner secures the necessary prior approval of the effected utility companies furnishing services, and provides and installs any special conduit and other equipment of approved (by the utility companies) type and size, under such driveways and walkways prior to construction thereof. Title to any Tract conveyed by Developer by deed or other conveyance or ground lease shall not be held or construed in any event to include the title to the easement estates in favor of third parties affecting the Tract or any improvements within such easements or appurtenances thereto, constructed by or under Developer, the Association, third parties or their respective agents through, along, or upon any portion of the Subject Property, and the right to maintain, repair, sell, lease or replace such facilities or the appurtenances thereto (but not the Tract) to any municipality or other governmental agency or to any public service corporation or to any other party, is expressly reserved in Developer and the Association. An easement is hereby granted to utility companies and other entities supplying service (and agents and contractors thereof) for reasonable ingress and egress in connection with installing, replacing, repairing and maintaining all utilities, including, but not limited to, water, sewer, telephones, cable service, electricity, gas and appurtenances thereto, on, above, across and under the Subject Property within the utility easements from time to time existing to and from service lines situated within such easements to the point of service on or in any structure situated on the Tracts. Further, an easement is hereby granted to all police, fire protection, ambulance and other emergency vehicles, and to garbage and trash collection vehicles, postal service vehicles and other service vehicles, and to the operators thereof, to enter upon the Subject Property in performance of their duties. Neither Developer nor any utility company using the easements shall be liable for any damage done by either of them or their assigns, their agents, employees or contractors to shrubbery, trees, flowers or other improvements (except damage to the aforementioned special conduit and other equipment, if any) located on the land covered by said easements, except to the extent of their respective gross negligence or willful misconduct. I. Temporary Structures. No tent, shack, temporary building or structure, other than construction offices and structures for related purposes during the construction period, shall be installed or maintained on any Tract without the prior written approval of the Board. All temporary structures used for construction purposes must receive approval by the Board with regard to location and appearance, and must be removed promptly upon completion of construction. J. Fences. All fences installed by an Owner along or in the vicinity of the boundary lines of such Owner's Tract shall be approved by the Board and further subject to compliance with all laws, regulations, codes, and ordinances of all applicable governmental authorities. K. Landscaping. Two complete sets of landscaping architectural plans must be submitted to the Board for written approval prior to commencement of construction on a Tract. All open, unpaved space, including, but not limited to, front, side and rear building setback areas, shall be planted and landscaped, according to the plan approved in writing by Developer. Landscape plans submitted for approval of the Board shall indicate the number, size, spacing and species of shrubs and trees, and the species of ground cover. Asprinkler system of approved design shall be installed in all landscaped areas. The Board will require reasonable landscaping of any traffic or parking island located within or at the edges of any parking areas. Landscaping in accordance with the plans approved by the Board must be installed within thirty (30) days following the occupancy of a building or Tract. This period may be extended by the Board in the event of Force Majeure delays. The Board may promulgate landscaping guidelines which may be modified by the Board from time to time in its discretion. All landscaping installed by an Owner shall be subject to compliance with all laws, regulations, codes, and ordinances of all applicable governmental authorities. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 4. MAINTENANCE OF PROPERTY The Owner or lessees of any portion of the Subject Property shall have the duty of and responsibility for keeping their respective Tract and landscaping, vegetation, premises, Improvements and appurtenances, in a well -maintained, safe, clean, sanitary and attractive condition at all times, in compliance with all applicable regulations of governmental agencies having jurisdiction over health, environment, safety and pollution control. No refuse or waste materials shall be permitted to accumulate on any part of the Subject Property but shall be regularly collected and disposed of. If, in the opinion of the Developer, any such Owner or lessee is failing in this duty and responsibility, then Developer may give such Owner or lessee, or both, written notice of such fact, and such Owner or lessee must, within ten (10) days of such notice, undertake the care and maintenance reasonably necessary to restore such Owner's or lessee's property to a safe, clean and attractive condition. Should any such Owner or lessee fail to fulfill this duty and responsibility after such notice, then the Developer shall have the right and power to perform, or have performed, such care and maintenance, including, without limitation, the mowing of any vacant Tract, and the Owner and lessee (and/or both of them) of the Tract on which such work is performed by the Developer shall be liable for the cost of any such work and shall promptly reimburse the Developer for the cost thereof. If such Owner or lessee shall fail to so reimburse the Developer within thirty (30) days after being billed therefore, then said cost shall be a debt of such owner or lessee (and both or them), payable to the Developer, and shall be secured by the same lien that secures the payment of "Assessments" (hereafter defined), which lien shall be subordinate to any now existing or hereafter created valid liens securing purchase money, the cost of construction or permanent financing therefore, or any renewal or extension of such liens. From and after the Transfer Date, the Association automatically shall have the authority reserved to the Developer in this Article 4 to cure any default of an Owner or lessee. The Developer may delegate such right to cure any default of the Owner or Lessee to the Association prior to the Transfer Date. The Developer and Port Crossing Association hereby agree to maintain all drainage and detention areas within the development. 5. INSURANCE, INDEMNITY AND CASUALTY LOSS A. Each Owner, with respect to its Tract, including the Improvements and any operations thereon, shall maintain at all times during the term of this Declaration, commercial general liability insurance (including contractual liability insurance) with combined single limit coverage for personal injury, bodily injury or death or property damage or destruction (including loss or the use thereof) in the amount of not less than Three Million Dollars ($3,000,000), (which coverage may be in the form of combined single limit coverage, with an aggregate, or a combination of combined single limit coverage with umbrella coverage), provided further that the amount of such coverage is consistent with industry standard for similar buildings and the cost thereof is not financially prohibitive. Additionally, the Board shall have the right to require an increase in the aggregate limit of such liability insurance if it becomes industry standard to provide increased amounts of coverage. Such insurance shall be maintained in reputable, financially responsible insurance companies, licensed to do business in Texas, and each Owner shall furnish to the Board upon request a certificate or copy of its respective insurance policy conforming with the provisions hereof. The Developer and Board shall be named as an additional insured under each Owner's commercial general liability insurance policy, and such coverage shall be primary to any coverage maintained by the Developer and/or the Board. B. Each Owner shall maintain, at its cost, property damage insurance covering the full replacement value of all Improvements located on their respective Tract, insuring against the perils of fire, lightning, extended coverage vandalism and malicious mischief, and flood insurance (if available) from time to time. Such insurance shall be maintained in a reputable, financially responsible insurance company, and the Owners shall furnish to any other Owner upon request a certificate or copy of its policy of insurance conforming to the foregoing provisions. H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC C. SUBJECT TO THE PROVISIONS OF PARAGRAPH D. BELOW, EACH OWNER ("INDEMNITOR") COVENANTS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE DEVELOPER, BOARD AND EACH OTHER OWNER ("INDEMNITEE") FROM AND AGAINST ALL CLAIMS, COSTS, EXPENSES AND LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED IN CONNECTION WITH (1)ALL DAMAGES AND CLAIMS, INCLUDING ANYACTION OR PROCEEDING BROUGHT, ARISING FROM OR AS A RESULT OF THE DEATH OR INJURY OF ANY PERSON, OR DAMAGE TO THE PROPERTY OF ANY PERSON OR ENTITY, WHICH SHALL OCCUR ON THE TRACT OWNED BY EACH INDEMNITOR, EXCEPT FOR CLAIMS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL ACT OR OMISSION OF THE INDEMNITEE, ITS LICENSEES, CONCESSIONAIRES, AGENTS, SERVANTS OR EMPLOYEES, OR THE AGENTS, SERVANTS OR EMPLOYEES OF ANY LICENSEE OR CONCESSIONAIRE WHEREVER THE SAME MAY OCCUR; AND (II)ALL DAMAGESAND CLAIMS ARISING FROM ORASARESULTOFTHE DEATH OR INJURY OF ANY PERSON, OR DAMAGE TO THE PROPERTY OF ANY PERSON OR ENTITY W HICH OCCUR ON ANOTHER OWNER'S PROPERTY AS A RESULT OF THE NEGLIGENT OR WILLFUL ACTS OR OMISSIONS OF THE INDEMNITOR. D. Notwithstanding anything contained in this Declaration to the contrary, each Owner ("Injured Owner") hereby waives any and all rights of recovery, claims, actions or cause of actions against another Owner, Developer and the Association and such other Owner's, Developer's and the Association's agents, servants, partners, shareholders, directors, trustees, officers or employees (collectively, the "Injuring Owner") for any loss or damage that may occur upon the Injured Owner's property or to any personal property of such Injured Owner by reason of fire, the elements or any other cause which is insured against (or could be insured against) by the terms of policies maintained by the Injured Owner or policies required to be maintained by Injured Owner pursuant to the terms of this Declaration, including the negligence of the Injuring Owner, its agents, officers, partners, shareholders, directors, trustees, servants or employees and no insurer shall have any right of subrogation or assignment against such Injuring Owner. E. The insurance coverages described in Paragraphs A. and B. above may be carried under a policy or policies covering other liabilities, properties and locations of an Owner of the Tract subject to this Declaration or a subsidiary or affiliate or controlling corporation of such Owner. Each insurance policy or policies shall contain a provision that such policy may not be cancelled without a thirty (30) day written prior notice by the insurer to Developer and the Association. F. In the event of a casualty loss to any Improvements, the affected Owner shall either (i) within a commercially reasonable time, not to exceed ninety (90) days after the occurrence of the casualty loss, commence to repair all exterior and structural portions of such Improvements to the condition which existed immediately prior to such damage or destruction or to such other condition approved by the Board, and complete the repair or restoration within one hundred eighty (180) days after the occurrence of the casualty loss, subject to Force Majeure delays or (ii) within a commercially reasonable time, not to exceed ninety (90) days after the occurrence of the casualty loss, demolish and remove its damaged Improvements leaving a graded and landscaped and/or seeded area. In the event of any such casualty loss or destruction, each Owner shall as soon as possible repair any common utility lines located upon its Tract which service another Owner's Tract. Any Owner that does not elect to repair or reconstruct after a casualty loss shall be entitled to retain all its insurance proceeds in connection with such casualty loss provided that such Owner demolishes and removes the damaged Improvements; otherwise, the insurance proceeds to cover the costs and expenses of demolishing and removing all damaged Improvements on its Tract shall belong to and be paid to the Association. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC ENVIRONMENTAL REMEDIATION Each Owner ("First Owner") agrees to indemnify, defend and hold harmless each of the other Owners ("Other Owners") from and against any costs, fees or expenses (including, without limitation, environmental assessment, investigation and environmental remediation expenses, third party claims and environmental impairment expenses) incurred by any of the Other Owners in connection with First Owner's generation, storage, transportation, treatment or disposal of Hazardous Substances at, to or from the portion of the Subject Property owned by the First Owner, including, but not limited to, Other Owners' costs in connection with monitoring such compliance. "Hazardous Substances," as used in this Article 71 means (a) any "hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6901 et sec), as amended from time to time, and regulations promulgated there under; (b) any "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601 et seq), as amended from time to time, and regulations promulgated there under; (c) any oil, petroleum products, and their by-products; (d) any substance the presence of which on the portion of the Subject Property, (including, without limitation, in the soil, air, structures and surface and sub -surface waters) owned by the First Owner is prohibited, regulated or restricted by any law or regulation similar to those set forth in this definition, and (e) any other substance which by law or regulation requires special handling in its collection, generation, storage, transportation, treatment or disposal. 7. ENFORCEMENT Any notice to the Developer or Board, as applicable, or request for approval by the Developer or Board, as applicable, shall be made to the Developer or Board, as applicable, in writing, and shall be sent to the Developer or Board, as applicable, by certified or registered mail, postage prepaid, addressed to the then current address of such entities as announced from time to time. Initially, the address of the Developer is: Port Crossing, 3330 S. Sam Houston Parkway E., Houston, Texas 77047, Attention: Russell D. Plank. If any request for approval of a variance or exception to the restrictions provided herein, subject to compliance with all applicable laws, regulations, and ordinances of the City of La Porte or approval of any proposed action by an Owner is required to be made by the Developer or Board, as applicable, the Developer or Board, as applicable, shall, within thirty (30) days after the request is made, give the person making the request, at such person's address as shown in the request, written notification either of the approval by the Developer or Board, as applicable, or of its rejection of the request, with a specification of the reasons for such rejection. If the Developer or Board, as applicable, fails to give to the person requesting such approval notification of rejection within such 30-day period as provided for above, the Developer or Board, as applicable, shall be conclusively deemed to have given its approval with regard to the request made. Any approval or rejection given by the Developer or Board, as applicable, shall be in writing, and shall be signed by the Developer, or Board, as applicable, and any written approval, rejection or other communication by the Developer or Board, as applicable, may be relied upon, as the act of the Developer or Board, as applicable, by the person receiving such approval, rejection or other communication. The Developer, including any successor owner of a substantial portion of the Subject Property succeeding the Developer as a developer of the Subject Property, any Owner and the Association (collectively, the "Principal Beneficiaries") shall have the right to enforce the restrictive covenants set forth in this Declaration against any person or persons violating or attempting to violate this Declaration. No tenant, lessee or occupant of any portion of the Subject Property and no customer or invitee of any such tenants, lessee or occupant and no other party whomsoever (other than a Principal Beneficiary, as aforesaid) shall have any rights to enforce any provision of this Declaration. In the event of a violation or attempted or threatened violation of any provision of this Declaration, in addition to all other rights and remedies available at law or in equity, a Principal Beneficiary shall be entitled to obtain restraining orders and injunctions (temporary and permanent) enjoining and prohibiting such violation, attempted or threatened violation and commanding compliance with the provisions of this Declaration, without the necessity of posting a bond. H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC 10 0 COVENANT FOR MAINTENANCE ASSESSMENTS A. Creation of the Lien and Personal Obligation of Assessment. The Developer for each Tract owned within the Subject Property, hereby covenants, and each Owner of any Tract by acceptance of a deed therefor, whether or not it shall be expressed in any such deed or other conveyance, is conclusively deemed to covenant and agree as a covenant running with the land to pay to the Association assessments or charges imposed from time to time by the Board for the purposes set forth in Section 8.B. below (hereinafter referred to as "Assessments"). The Board shall have the right to adopt and from time to time revise and amend procedures for the purpose of establishing the Assessments, due dates, billing and collection of the Assessments, provided that such procedures are not inconsistent with the provisions hereto. The assessments established by the Board shall commence against the subject Property on August 1, 2006. The Assessments shall be uniform as to each Tract on a per square foot basis according to the land area comprising such Tract. If the Assessments have commenced to accrue against the Owners, then, at the time an Owner takes title to a Tract, the installment for that month shall be prorated as of the day the Owner takes title. Any Assessments not paid and received within ten (10) days from the due date shall be deemed delinquent and, without notice, shall bear interest until paid at fifteen percent (15%) per annum, not to exceed the maximum non -usurious rate allowed by applicable law. The Board, at its option, may impose and collect late charges on delinquent payments, in addition to interest, in an amount to compensate the Association for the administrative burden of dealing with the delinquency. To secure the payment of the Assessments levied hereunder and any other sums due hereunder (including, without limitation, reasonable attorneys fees and costs of collection, interest or late charges), a vendor's lien and superior title shall be and is hereby reserved, and a contractual lien is hereby created, in favor of the Association, in and to each Tract and assigned to the Association, which liens shall be enforceable as hereinafter set forth by the Board or its appointed agent ("Agent") on behalf of the Association. Notice of the unpaid amounts, at any time, secured by the liens referred to, reserved by and created in this Article 8 may, but shall not be required to be given by the recordation in the Real Property Records of Harris County, Texas of a "Notice of Non -Payment," duly -executed and acknowledged by an Agent of the Association, setting forth the amount owed, the name of the reputed Owner or Owners of the affected Tract according to the books and records of the Association, and the legal description of such Tract. The cost of preparing and filing the Notice of Non -Payment and its release shall be secured by the lien therefor. Each Owner, by acceptance of a deed to such Owner's Tract, hereby expressly recognizes the existence of such liens as being prior to such Owner's ownership of such Tract and hereby vests in the Board or its Agent the right and power to bring all actions against such Owner or Owners personally for the collection of such Assessments and other sums due hereunder as a debt, and to enforce the aforesaid lien by all methods available for the enforcement of such liens, including by judicial and/or non -judicial foreclosure. Additionally, by acceptance of the deed to such Owner's Tract, each Owner expressly grants a power of sale such Owner's Tract and all Improvements thereon, and all rights appurtenant thereto for the purpose of securing the aforesaid Assessments and other sums due hereunder remaining unpaid by such Owner from time to time. The Agent maybe changed at anytime by the Board. In the event of the election by the Board to foreclose the liens herein provided for nonpayment of sums secured to be paid by such liens, then it shall be the duty of the Agent, as hereinabove provided, at the request of the Board (which request shall be presumed) to enforce this trust and to sell such Tract and all Improvements thereon, and all rights appurtenant thereto, at the door of the County Courthouse of Harris County, Texas (in the area designated by the Commissioner's Court of Harris County, Texas, for such purpose), on the first Tuesday in any month between the hours of 10:00 a.m. and 4:00 p.m. to the highest bidder for cash after the Agent shall have given notices of the proposed sale in the manner hereinafter set forth, or as provided by statute, whichever is less burdensome. Following sale, the Agent shall make due conveyance of the Tract and all Improvements thereon to the purchaser or purchasers, H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 11 and may, but shall not be required to, give a general warranty of title to such purchaser or purchasers binding upon the Owner or Owners of such Tract and all Improvements thereon and their heirs, executors, administrators, successors and assigns. The Agent shall give notice of such proposed sale by posting a written notice of time, place and terms of the sale for at least twenty-one (21) consecutive days preceding the date of sale at the Courthouse door of Harris County, Texas, by filing such notice with the County Clerk of Harris County, Texas, at least twenty-one (21) consecutive days preceding the date of sale, and, in addition, the Agent shall serve written notice at least twenty-one (21) days preceding the date of sale by certified mail on each debtor obligated to pay the debt according to the records of the Association of such sale and the notice thereof shall comply with the provisions of Section 51.002 of the Texas Property Code, as it may be amended from time to time. Service of such notice shall be completed upon deposit of the notice in the United States mail, properly addressed to such debtor obligated to pay the debt at the most recent address as shown by the records of the Association. The affidavit of any person having knowledge of the facts to the effect that such service was completed shall be prima facie evidence of the fact of such service. If any change in Texas law occurs subsequent to the date hereof, this paragraph A of Article 8 shall be amended to comply with such change in Texas law. At any foreclosure, judicial or non judicial, the Association shall be entitled to bid up to the amount of the sum secured by its lien, together with costs and attorney's fees, and to apply as a cash credit against its bid all sums due to the Association covered by the lien foreclosed. Out of the proceeds of such sale, there shall first be paid all expenses incurred by the Association in connection with such sale, including reasonable attorneys' fee and reasonable trustees' fees; second, from such proceeds there shall be paid to the Association an amount equal to the amount in default, plus interest thereon; and, third, the remaining balance shall be paid to such Owner and/or such Owner's mortgagee. From and after any such foreclosure, the occupants of such Tract shall be required to pay a reasonable rent for the use of such Tract and such occupancy shall constitute a tenancy -at -sufferance, and the purchaser at such foreclosure sale shall be entitled to the appointment of a receiver to collect such rents and further, shall be entitled to sue for recovery of possession of such Tract by forcible detainer without further notice. B. Purpose of Assessments. The Assessments levied by the Board shall be used exclusively for the purpose of: (i) the operating costs and expenses of the Association; (ii) the payment of all organization costs and attorney fees incurred by the Association in connection with the enforcement of this Declaration, including, without limitation, enforcement of parking restrictions; (iii) the maintenance, replacement and repair of any Private Streets and any Improvements located within the Private Streets (but not the initial construction of the Private Streets); (iv) the establishment and maintenance of capital and operating reserves that the Board determines to be necessary and desirable; (v) the payment of any ad valorem or other taxes due on any property owned by the Association; (vi) the payment of any costs or expenses incurred with respect to the provision of any facilities and services related to the Private Streets and other portions of the Subject Property determined to be necessary by the Board; (viii) street lighting, street sweeping and street maintenance of any private streets in the Subject Property and maintenance of entry markers, greenbelts, signs, detention ponds, retention areas, esplanades and landscape reserves and other common areas owned by the Association or dedicated to a governmental entity; (viii) planting, landscaping, watering, irrigation, mowing, tree surgery and general upkeep and maintenance of plants or landscaped areas of the common areas owned by the Association; (viii) reimbursement of reasonable and customary costs and expenses of the Association in connection with its operation and management and administration of this Declaration (including, but not limited to, common engagement of third party architects, engineers, attorneys, accountants, managers and other consultants in connection with the administration of this Declaration) and such other non -capital items of expenses as may be deemed by the Association, in its discretion and in good faith, to be necessary or desirable for the carrying out of this Declaration; and (ix) promotion of the recreation, health, and safety (including, without limitation, security patrols and other security measures if deemed necessary by the Association; provided however, that the Association shall not be obligated to provide security patrols or other security measures and the provision of any security measure does not guarantee the safety of any Owners, employees, guests, contractors or invitees or that the property of any Owner, guest, contractor or invitee will not be damaged, vandalized or stolen) and the general welfare of the Owners and lessees the Subject Property. C. Maintenance Fund. The Assessments collected by the Association shall be paid into a maintenance fund (the "Maintenance Fund") and shall be held, managed, invested and expended by the H-Final Version of Declaration of Protective Covenants and Easements(620880 4).DOC 12 Board, in its sole good faith discretion, for any of the permitted purposes. The Board and the Directors shall not be liable to any person or entity as a result of any action taken by the Board with respect to the Maintenance Fund, except for willful misconduct or fraud. D. Basis of Maximum of Annual Assessments. Notwithstanding the provisions of Paragraph A of this Article 8 to the contrary, the maximum initial annual Assessment shall be two cents ($0.02) per square foot of land area in the Subject Property. From and after January 1, of the next succeeding calendar year following the imposition of the Assessment, the annual Assessment may be increased as follows: The Developer may determine and certify that the then current annual Assessment is not sufficient to meet reasonable expenses of maintaining and enforcing this Declaration and, the Developer may increase the annual Assessment by an amount which shall not exceed the greater of: (i)10% or (ii) an amount equal to the yearly rise in the United States Department of Labor, Bureau of Labor Statistics ("BLS"), Consumer Price Index (for All Urban Consumers CPI-U) Houston-Galveston-Brazoria, TX. —All Items (1982-84 =100) (the "Index") as of July of each year from the preceding July. If, however, the Index should be discontinued, such calculation shall be made by use of another reputable Index selected by the Board which is recognized by BLS and is comparable to the Index. Additionally, if the base period of the Index (currently 1982-84 = 100) is hereby modified, the base period used in making the aforesaid calculation shall be appropriately adjusted by the Board to reflect such modification and if the Index is published in such manner that an Index figure is not available each July, then the Index figure published for the most recent month preceding July shall be used. The annual Assessment shall not be increased more than once in any calendar year. However, the right to increase the annual Assessment, as aforesaid, shall be cumulative and in the event the annual Assessment is not increased to the maximum amount allowed for any one or more years, then the Developer shall thereafter have the right to increase any subsequent annual Assessment to an amount equal to the maximum annual Assessment that would have been chargeable for that year as if the annual Assessment had been increased by the maximum allowable hereunder for each of such prior years. Notwithstanding the foregoing provisions of this Paragraph 8.D, in the event the Board determines that it is necessary to increase the annual Assessment more than the amount prescribed by the formula, the Board, by majority vote, and the affirmative vote of two-thirds (2/3rds) of those Owners who are voting in person or by proxy at a meeting duly called for such purpose, may increase the maximum annual Assessment for the subject calendar year. Once the maximum annual assessment for any calendar year is increased pursuant to the provisions of this grammatical paragraph, the amount to which it has been increased shall be the amount used to determine the maximum annual Assessment for the next calendar year. E. Subordination of Assessment Lien to Mortgages. The liens securing the Assessments provided for herein shall be subject and subordinate to (i) all liens for taxes or assessments levied bythe City, County and State Governments or any political subdivision or special district thereof and (ii) the lien of any duly -recorded first and/or second mortgage lien or first and/or second lien deed of trust upon one or more Tracts made in good faith and for purchase money or improvements. The sale or transfer of any Tract shall not affect the assessment lien. However, the sale or transfer of any Tract which is subject to any first or second mortgage lien, pursuant to a foreclosure of such lien or a conveyance in lieu of foreclosure, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfer shall relieve the new Owner of such Tract from liability for any assessment thereafter becoming due according to the terms herein contained or from the lien thereof. F. Exempt Property. Notwithstanding anything to the contrary herein, the following property shall be exempt from the payment of assessments: (a) any areas designated as Common Areas by the Developer and accepted by the Association; and (b) all property dedicated to and accepted by any governmental authority or public utility. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 13 G. Annual Financial Report. The Association shall deliver to each Owner an unaudited annual financial report as required by the Texas Nonprofit Corporation Act not later than sixty (60) days after the end of each calendar year. Q PROPERTY OWNERS' ASSOCIATION The administration of the Subject Property shall be governed by the PORT CROSSING ASSOCIATION, a Texas non-profit corporation ("Association") to be formed not later than one hundred eighty (180) days following the closing of the sale of the first Tract out of the Subject Property. The Association shall act through a Board of Directors ("Board") of not less than three (3) Directors who need not be members of the Association. The initial Directors of the Association shall be selected by the Developer. The initial Directors for the Association shall hold office for an initial term of three (3) years and, thereafter, until their successors are duly elected and qualified. After the expiration of the term of the initial Directors, the members of the Association shall elect a Board of Directors as provided for in the Bylaws of the Association. Directors shall receive no compensation for their services, but, by resolution of the Board, a Director may be reimbursed for reasonable expenses and costs incurred by him in carrying out his duties. The Board shall have the power to enact any rules, bylaws, procedures and regulations, not inconsistent with this Declaration. "Transfer Date," as used herein, shall mean the earlier to occur of: (i) January 1, 2026; (ii) thirty (30) days following the date that seventy-five percent (75%) or more of the total square footage of the Subject Property has been conveyed to parties not related to or affiliated with the Developer; or (iii) the Developer's recordation of a notice in the Real Property Records of Harris County, Texas, to the effect that the Transfer Date has occurred for purposes of this Declaration. The Directors and the officers of the Association shall not be personally liable to the Owners, Developer or the Association for any mistake of judgment or for any other acts or omissions of any nature whatsoever (including, without limitation, any mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve any submitted plans), except for gross negligence, willful misconduct or bad faith. Every person who submits any Plans to the Board for approval as herein provided agrees by submission of such Plans, and every lessee or Owner or person claiming by or through an Owner or lessee agrees by acquiring title to any Tract or interest in a Tract, that it will not bring any action or suit against the Association or any director or officer, or any one or more of them, their respective agents, employees, members or assigns, to recover any damages as a result thereof, except for gross negligence, willful misconduct or bad faith. Any Owner of a Tract within the Subject Property shall be a member of the Association, and shall remain a member for the period of its ownership. Each member of the Association shall be entitled to one (1) vote for each ten thousand (10,000) sq. ft. of the total square footage of the Tract it owns; provided, however, that in the event of the expansion of the Subject Property subject to this Declaration, the votes to which an Owner of land within the Subject Property is entitled shall be revised and adjusted to a ratio that said number of square feet owned bears to the total number of square feet in the Subject Property, as expanded. There shall be no fractional votes. No Owner shall be entitled to vote in any election concerning any action submitted before the Members for their vote during any period in which any such fees or assessments assessed against such Owner are delinquent or such Owner is otherwise in violation of this Declaration as to which such Owner has received written notice of such violation. 10. SEVERABILITY Invalidation of any one of these covenants and restrictions by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. H-Final Version of Declaration of Protective Covenants and Ease ments(620880_4).DOC 14 11. ADDITIONAL RESTRICTIONS The Developer may make additional restrictions applicable to anyTract by appropriate provisions in any deed or deeds hereafter conveying any land within the Subject Property, without otherwise modifying the general plan outlined above, and such other restrictions shall inure to the benefit of the Owners of any other land in the Subject Property in the same manner as though they had been expressed herein. Without the consent of any other party, including any Owner, Developer shall have the right to extend the restrictions and covenants hereof to any land hereafter owned or acquired by Developer, any boundary of which lies within one mile of the Subject Property ("Additional Land") by filing a supplemental declaration, in the Real Property Records of Harris County, Texas, adding the Additional Land to the Subject Property subject to this Declaration. Nothing herein contained, however, shall be deemed to impose any restrictions on any portion of the Additional Land unless Developer, as the owner of the Additional Land or any portion thereof, thereafter elects to subject any portion of the Additional Land to the general plan outlined above by expressly providing for same in any deed or other instrument executed by the Developer, as the owner of the portion of the Additional Land to be made subject to these covenants and restrictions. 12. TERM These covenants shall run with the land comprising the Subject Property and shall be binding on all Owners and lessees of any of the Subject Property and their respective heirs, executors, Boards, devisees, successors and assigns, and all persons claiming under them, from the date on which these covenants are recorded though January 1, 2056, after which time these covenants shall be automatically extended for successive periods of ten (10) years each, unless within six (6) months prior to January 1, 2056 (or the end of any extended period) an instrument executed and acknowledged by the persons or entities who then own at least two-thirds (2/3rds) of the total square footage of land in the Subject Property (exclusive of public streets) has been recorded in the Real Property Records of Harris County, Texas, terminating these covenants in whole or in part at the end of any such original or extended term. 13. AMENDMENTS Notwithstanding the provisions of Article 12 to the contrary, this Declaration may be amended at any time (subject to compliance with all applicable laws, codes, regulations, and ordinances of the City of La Porte) by the written action of the Owners of at least two-thirds (2/3rds) of the total square footage in the Subject Property, regardless of whether such two-thirds (2/3rds) ownership consists of Developer alone, Developer and Other Owners or Other Owners alone; provided, however, that if such two-thirds (2/3rds) ownership consists of Owners alone, then so long as Developer retains fee simple legal title to at least five (5) acres in the Subject Property, such Other Owners must obtain Developer's written consent to any amendment of this Declaration and Developer agrees to consider any proposed amendment in the exercise of good faith judgment and to describe its objections thereto, if any, in writing in reasonable detail. No amendment shall be effective unless made and recorded ten (10) days in advance of the effective date of such change and unless written notice of the proposed amendment is sent to Developer and every Owner at least thirty (30) days in advance of any action taken prior to recordation. No amendment shall be applicable to existing Improvements on the Subject Property (or the replacement of such Improvements following casualty or other damage if restored in a substantially similar manner and the restoration is in compliance with all applicable laws), unless such instrument(s) shall be signed by all of the then Owners of the Subject Property. Notwithstanding anything herein to the contrary, Developer shall have and reserves the right at any time and from time to time, without the joinder or consent of any owner or other party, to amend this Declaration by any instrument in writing duly signed, acknowledged and filed for record by Developer for the purpose of correcting any typographical or grammatical error, ambiguity or inconsistency appearing herein or clarifying any provision therein; provided, however, that H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 15 any such amendment shall be consistent with and in furtherance of the general plan of development as evidenced by this Declaration and shall not impair or affect the vested property or other rights of any Owner; and provided further, that nothing herein shall be construed to permit an amendment providing for a use inconsistent with or prohibited by the provisions of this Declaration. 14. MISCELLANEOUS A. Protection of Name. No Owner shall use the phrase "Port Crossing" or any word or words similar thereto in connection with any Tractor any business operated in connection with any Tract, without the prior written consent of Developer. The restriction contained in this Paragraph A is for the sole benefit of and may be enforced only by Developer. B. Notices. Any notice permitted or required to be given under this Declaration shall be in writing and may be given either personally or by mail, facsimile machine (with confirmation of delivery) or overnight air courier service. If served by mail, each notice shall be sent postage prepaid, certified mail, return receipt requested, addressed to any person at the address given by such Person to the Association in writing for the purpose of service of such notice, or to the Tract of such person if no address has been given to the Association and shall be deemed given, if not actually received earlier, at 5:00 p.m. on the second business day after it is deposited in a regular depository of the United States Postal Service. Such address may be changed from time to time by notice in writing to the Association. C. Right of Entry; Enforcement by Self Help. The Association shall have the right, in addition to and not in limitation of all the rights it may have under this Declaration, to enter upon any Tract, including any Improvements located thereon, for emergency, security, maintenance, repair or safety purposes, which right may be exercised by the Association's Board, officers, agents, employees, managers, and all police officers, firefighters, ambulance personnel, and similar emergency personnel in the performance of their respective duties. Except in an emergency situation, entry shall be only during reasonable hours and after reasonable notice to the Owner or occupant of the Tract or Improvements. In addition to any other remedies provided for herein, the Association or its duly authorized agent shall have the power to enter upon any Improvements or any portion of a Tract to abate or remove, using such force as reasonably may be necessary, any Improvement to Property, other structure, or thing or condition that violates this Declaration, the Bylaws, any Rules and Regulations, or any use restrictions. Unless an emergency situation exits, such self-help shall be preceded by written notice. All costs of self- help, including reasonable attorneys fees actually incurred, shall be assessed against the violating Owner and shall be collected as provided for herein for the collection of Assessments. All such entries shall be made with as little inconvenience to the Owner as is practicable in the judgment of the Association and any damages caused thereby (as distinguished from repairs with respect to which the Association is entitled to a reimbursement assessment) shall be borne by the Maintenance Fund of the Association. D. Platting/Replatting. If for any reason, the Developer should be required or deem it necessary to plat or replat the Subject Property, or any portion thereof, such platting or replatting may be accomplished without the consent of the Other Owners, or their mortgagees; provided, however, that the Developer has obtained the approval of the City and other governmental body or bodies, as applicable, for such platting or replatting. In addition, if for any reason an Owner other than the Developer, should find it necessary or be required to plat or replat all or a portion of the Tract owned by him, such Owner may proceed with the platting or replatting without the consent of the Other Owners, or their mortgagees; provided, however, that (i) such Owner has obtained the approval of the appropriate governmental body or bodies, and (ii) the Board has given its prior written consent to such platting or replatting, which consent shall not be unreasonably withheld or delayed. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 16 E. Violations of Law. Any violation of any federal, state, municipal, or local law, ordinance, rule, or regulation, pertaining to the ownership, occupation, or use of any property within the Subject Property hereby is declared to be a violation of this Declaration and shall be subject to any and all of the enforcement procedures set forth in this Declaration. F. Remedies Cumulative. Each remedy provided under this Declaration is cumulative and not exclusive. G. Restrictions Construed Together. All of the provisions of this Declaration shall be construed liberally to promote and effectuate the fundamental concepts of the Subject Property, as set forth in the Declaration. H. Number and Gender. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine, or neuter shall each include the masculine, feminine, and neuter. I. Estoppel Certificates. Within fifteen (15) days after receipt of a written request from any Owner, the Association shall certify by written instrument, duly executed and acknowledged, to any lender, purchaser or any other person specified in the request: (i) whether this Declaration has been supplemented or amended, and if so, the substance of the supplement or amendment; (ii) whether the Owner is in violation of any provision of this Declaration, and if, so, the description of the violation; (iii) the then current amounts of Assessments and the status of their payment by such Owner; and (iv) any other matters may be reasonably requested by the Owner. J. Captions for Convenience. The titles, headings, and captions used in this Declaration are intended solely for convenience of reference and shall not be considered in construing any of the provisions of this Declaration. K. Force Majeure. "Force Majeure," as used herein, shall mean any delays in performance by a party required hereunder due to strikes, riots, acts of God, shortages of labor or materials, work, governmental laws, regulations or restrictions, inclement weather or any other causes of any kind whatsoever which are beyond the reasonable control of such party, in which event, the party prevented from performing as a result of such Force Majeure delays, shall be entitled to an extension of the time for performance equal to the duration of such Force Majeure delays. L. Governing Law. This Declaration shall be construed and governed under the laws of the State of Texas. M. Mergers or Consolidations. Upon a merger or consolidation of the Association with another association, its properties, rights, and obligations may be transferred by operation of law to another surviving or consolidated association or, alternatively, the properties, rights, and obligations of another association may be added by operation of law to the properties, rights, and obligations of the Association as a surviving corporation pursuant to a meter. The surviving or consolidated association may administer and enforce the covenants, conditions, and restrictions established by this Declaration governing the Subject Property, together with the covenants and restrictions established upon any other property, as one plan, subject also to the provisions of the Declaration. N. Delay in Enforcement. No delay in enforcing the provisions of this Declaration as to any breach or violation thereof shall impair, damage, or waive the right of any party entitled to enforce the same to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. H-Final Version of Declaration of Protective Covenants and Easements(620880_4).DOC 17 EXECUTED this ao day of September, 2006. PORT CROSSING LAND, LP, a Texas limited partnership By: Port Crossing Land GP, LLC, a Texas limited liability company its general partner Russell D. Plank, Vice President THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this a0— day of September, 2006, by RUSSELL D. PLANK, Vice President of PORT CROSSING GP, LLC, a Texas limited liability company, general partner of Port Crossing Land, LP, a Texas limited partnership, on behalf of such partnership. r „/ YOLANDA L. REID Notar#ublic in and for Notary Public, State of TanIThe State of Texas My . , POWELL ROAD LOGISTICS, L.P., a Texas limited partnership By: Powell Road Logistics GP, LLC, a Texas limited liability company, its general partner By 060-OA 7). /�, k Russell D. Plank, Vice President H-Final Version of Declaration of Protective Covenants and Easements(620880_4) 18 THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this d(ot day of September, 2006, by RUSSELL D. PLANK, Vice President of POWELL ROAD LOGISTICS GP, LLC, a Texas limited liability company, general partner of Powell Road Logistics, L.P., a Texas limited partnership, on behalf of such partnership. LYOLAANDA. REIDte of Texas Expires08 THE STATE OF TEXAS § COUNTY OF HARRIS § No Public in and for The State of Texas FLPCW, LP, a Texas limited partnership By: FLP Candle GP, Inc., a Texas corporation, its general partner By Geor e Cook, President This instrument was acknowledged before me on this XA day of September, 2006, by GEORGE COOK, President of FLP Candle GP, Inc., a Texas corporation, general partner of FLPCW, LP, a Texas limited partnership, on behalf of such partnership. • at - . TNhoea�' E008 r r H-Final Version of Declaration of Protective Covenants and Easements(620880 4).DOC 19 NATIONAL PROPERTY HOLDINGS, L.P., a Texas limited partnership By: National Property Holdings GP, LLC, a Texas limited liability company its general partner By 4—p-e b• 144- Russell D. Plank, Vice President THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on this o* 'day of September, 2006, by RUSSELL D. PLANK, Vice President of NATIONAL PROPERTY HOLDINGS GP, LLC, a Texas limited liability company, general partner of National Property Holdings, L.P., a Texas limited partnership, on behalf of such partnership. E1:5N0motwYry '„1S=:UM o1 r ri TNhoea�• • • • � '�. •� i ------ H-Final Version of Declaration of Protective Covenants and Easements(620880_4) 20 DEL PISO INVESTMENTS, LLLP, an Arizona limited liability limited partnership By: Harl Avenue Investments, L.L.C., an Arizona limited liability compan f is general partner By: Gary S sten, Manager By: .. Q, Z�2� Mabhew Huartanager STATE OF ARIZONA § COUNTY OF IAA § This instrument was acknowledged before me on this the day of September, 2006, by Gary Skarsten, Manager of Harl Avenue Investments, L.L.C., an Arizona limited liability company, general partner of Del Piso Investments, LLLP, an Arizona limited liability limited partnership, on behalf on said limited liability limited partnership. Given under mpr hand and seaLof officatWs aCO day of Jufy,-2006, A.D. (Seal BONNIE GWEISTER Notary Public Adzono • Mancopo County NOTARY PUBLIC, ST F t,�r Comm. Expires 31, 2009 My Co sion E Iress d'- ,7/ Z" 14 GI4aifd, 1111A STATE OF AR+Z-&NA § COUNTY OF it 'q nib § / This instrument was acknowledged before me on this the aS day of September, 2006, by Matthew Huarte, Managerof HarlAvenue Investments, L.L.C., an Arizona limited liability company, general partner of Del Piso Investments, LLLP, an Arizona limited liability limited partnership, on behalf on said limited liability limited partnership. Given under my hand and seal of office this (Seal) LC. RE Corrwt**M / 1612>'iB,1 NokxY Pt"C - COW06*0 My Comm. EVku Oct 10. =4 day of July, 2006, A.D. d. - �� NOTARY PUBLIC, STATE OF My Commission Expires: 19p-9 H-Final Version of Declaration of Protective Covenants and Easements(620880_4) FROM : Northrup Associates Inc Pf UE No. : 713 463 5839 Feb. 03 1999 03:02PM PM 1171 lexhibit M L% ff V DRAFT TRAFFIC CONTROL PLAN TEXAS IMPORT EXPORT PARK An Approximate 292-s a Mixed Use Development La Porte, Terris A commercial trdxed use project is to be consuucted within a PUD zoning district in the City of La Porte, Tcxas. This project known as rccosr Ymport-INpwR Plsrk (Prcjea) combines as a planned community, a full range of uses from multifamily to rail. served fiodustrial. Pursuant to the adoption of a Spacial Conditional Use Permit (SCUP) by the Crty, this document is to provide gui+danca as to the control of irriaraal and external automobile and tru& traffic generated by the Project. viWe the Gascsal Plan for the Project generally designates the various user, by ordinance each individual building or developmew site will require fruther Sito Plan review. That review process will, therefore. include an wq=sion of the Traffic Control Plan to address site specific issues particular to that use or plan as an addeadtun to this document. The goal of the Traffic Control Plan is to insure the efficient flow of traffic to and fiom and within the Project in a manner that well minimize additional adverse impacts to the wag thoroughfare system of the arm tt is inturded that the guidance established herein shall be ctfiorced by the Project Property Owners Association (Association) with oversight by the City- This guidance is to be used in the preparation of development site plans as well as the implemeatation of operational parameters for internal control of all'vehicular traffic by the Owner -Developer and assigns, including project managers, tenants, and subsequent individual site owners or businesses. The site is served by a controlled access principle arterial, State Highway 146, with a planted interchange at Wharton'Wccens Boulevard, a planned 4-lane collector stireet, bisectti ng the Project and turning into Powell Road as a parallel facility to S.R 146. Due to the rdativdy limited service arse of theWharton Weems -Powell connection, it will more than adequately accommodate anticipated traffic generated by such a Project 'Iherfore, ravagers, teoannts, and business owner -operators are to provide rousting instructions for all traffic serving sites within the Project- This snail include employees, company trucla and vehicles, customers, carvers, vendors or regular contractors malting repetitive defvarea. TRAFFIC CONTROL GUIDEUNES The following initial guidelines address the essential initial issues of traffic control re3advie to the Project and may be amended as more detailed planning and site specific i=cs develop_ 1 of 2 FROM : Northrup Associates Inc PHCmE No. : 713 463 5a39 Feb. 63 1999 83:23PM P23 I I a 5 1 All Project Vmemted traffic droll be directed to ingrns and egress the site at the S.H. 146-Whartan Weems Blvd. mtermcdon. Every effort is to be made to discourage or prevent traffic to or *am Fairmont Parkway. Internal traffic is to also be directed to the SM 146-Weans intersection, especially truck traffic Site plan design where practicable small WE= common driveways and moss -access easements (Adves) between sites to a quality and effective internal traffic flow, circulation within the Project. Driveways. especially to S. R 146, shall be miniun6-d to the mart practicable and within the limits stated wrthm the SCUP. Each building site noose be allowed at loose one drivu:way ifn% ueated, but sharing of driveways should be encouraged as a policy. Location oedriveways opposite each other along VAuxton Weems Blvd. should be e=iusged, Ply where esplanade openings might exist. Driveways along Powell Road shall be designed sad signed accordingly to fect7rtate the Sow of truck traffic toward the S.g 146 mt==ction. A driveway design that wcWd preempt truck traffic to the north toward Fairmont Parkway is to be mandated, except for those destined to facilities that may exist south ofFairmont Parkway. Esplanades, esplanade openings, including left turn lanes, and dnvewray curb returns shall be designed to safely accommodate truck traffic with rninimum impacts on other roadway traffic. Where passible and practicable consideration shall be given to the separation of .auitomnbde and truck entrmtces,driveways and panting. All aspects of traffic design discussed herein, kx iudmg but not limited to geometric design, traffic sigas, and standards shall conform to the applicable provisions of the City Code of Ordinances, the Texas Manual on Uniform Traffic Control Devices, and recommendations and standards of the traffic industry (AASHTQ). Iachuded for inf=mation purposes only are examples of traffic control devices and designs that illustrate potential solutions to various conditions discussed above. A thorough em�ginesring analysis of -the Project will include more detailed study of these traffic issues and will be incorporated into this docuranent. 2 of 2 SCALE IN FFET MAIN TRAFFIC FLOW -0- ® EXISTING DEVELOPED AREA TEXAS IMPORT - EXPORT BUSINESS PARK MASTER PLAN - ROAD/TRAFFI GOLDSTON ENGINEERING. INC. ___. .._ ._____ _- - -- __ -- Staff Report Port Crossing August 17, 2006 Special Conditional Use Permit #SCU06-006 Re uest: Special Conditional Use Permit (SCUP) #06-006, Proposed Development within Planned Unit Development (PUD) Zone Requested Bv: Port Crossing Land, L.P. National Property Holdings, L.P. Del Piso Investment, LLLP. FLPCW, L.P. c/o Russell Plank Requested For: Approximately 300 acre tract in the Geo B. McKinstry, A-47; W. P. Harris Survey, A-30; Johnson Hunter Survey, A-35, City of La Porte, Harris County, Texas. The property is located in the 2000 Block of South 16' Street (Powell Road). Present Zoning: Planned Unit Development (PUD) Requested Use: Industrial, Commercial and Retail Background: Port Crossing is a proposed industrial, commercial and retail development to be located in an area south of Fairmont Parkway between the existing Union Pacific Railroad tracks and State Highway 146 South. As a part of the PUD development process, the applicant previously submitted a Special Conditional Use Permit and a General Plan covering the La Porte 81 Ltd., 82 Ltd., and 115 Ltd., and Daetwyler Enterprises. The Planning and Zoning Commission initiated a public hearing for the SCUP and General Plan on July 21, 1998 and concluded that public hearing on August 20, 1998. On March 3, 1999, the Commission unanimously recommended approval of the SCUP, General Plan, and the Development Agreement. On March 15, 1999, City Council approved the General Plan, SCU#98-001, and the Development Agreement. Only Mr. Stuart Haynsworth, General Partner of La Porte 81 Ltd., 82 Ltd., and 115 Ltd. executed the agreement with the City. Daetwyler Enterprises, another partner, did not execute the Development Agreement. On April 27, 2000, the Commission granted a one (1) year extension for SCU#98-001. In February 2002, Mr. Haynsworth initiated a request to re -authorize the General Plan, Development Agreement and SCUP. The applicant's request was essentially a repeat of the previously approved SCU#98-001 less the Daetwyler Enterprises properties. At the May 16, 2002 meeting, the Planning and Zoning Commission held a public hearing to re -authorize the General Plan, Development Agreement and Special Conditional Use Permit SCU#02-002. On June SCU06-006 August 17, 2006 Page 2 of 8 10, 2002, City Council approved General Plan, Development Agreement and SCU#02-002. Later on, a one year extension was subsequently granted in June 2003 which expired in June 2004. Owner/developer submitted another application for Special Conditional Use Permit SCU#04-011. The Planning and Zoning Commission, at their meeting on June 17, 2004, held a workshop and discussed the following issues: • Site plan submittal • Dedication/improvement to Powell Rd. • Phase I -A development (strip of land contiguous to UPRR containing two rail lines) • Phase I development (first warehouse, with rail access) • Access from Powell Rd. Traffic flow concept for entire project The outstanding issues were too complex to come to any conclusion at that time. In addition, the subject property was under litigation. Therefore, the application was withdrawn. As a part of the Planned Unit Development (PUD) development process, a Special Conditional Use Permit SCU405-003 and General Plan covering the La Porte 81 Ltd., La Porte 82 Ltd., La Porte 115 Ltd., and La Porte 146 Venture, LP., (c/o Russell Plank) were approved by City Council on March 28, 2005. Later, the applicant requested a 1-year extension of this Special Conditional Use Permit, which was granted by the Planning and Zoning Commission at the February 16, 2006, meeting. This is an ongoing project that is to be developed in phases. As the project proceeds, it shows progress with the new developers. The applicant submitted a preliminary plat for Phase I, Section 1 consisting of 12.342 acres. The subject plat was approved by the Planning and Zoning Commission at the January 19, 2006, meeting. Later, a Final Plat was approved at the March 16, 2006, meeting. In addition, a development site plan has been approved and the building permit was issued by the City. Analysis: Section 106-659 of the Code of Ordinances establishes the following criteria for review of the development projects within a P.U.D. zone. Land Use — The General Plan contains information regarding the development of approximately 300± acre site. The plan's significant features include contemplated land uses, open space and storm water detention areas, landscape and buffer areas and roadway network. The SCU06-006 August 17, 2006 Page 3 of 8 Development Agreement defines the land uses that are acceptable within various tracts of this development. Landscaping/Open Space — The General Plan shows the relationship of landscape/open space and also demonstrates how the trail system, open space, and the storm water detention system are interrelated. The City may elect to accept these facilities depending on the final design of the project. Buffering and beautification is also addressed in the Development Agreement. In addition, landscaping will be provided within building setback areas and easements throughout the project. Staff is anticipating that a consistent theme and design criteria shall be implemented throughout this development. Transportation/Traffic Control Plan — Truck traffic is typically associated with this type of commercial and industrial development. The developer has submitted on traffic analysis plan. The development agreement contemplates that all trucks will enter and leave the site via State Highway 146 and Wharton Weems Boulevard and no trucks will proceed north along S. le Street (Powell Road) to Fairmont Parkway. It is anticipated that most of the traffic will use State Highway 146 Frontage Road. However, Export Drive will reduce the truck traffic on Powell Road by allowing ingress and egress to and from State Highway 146 from Powell Road. Utilities — All infrastructures shall be upgraded to provide potable water, suitable fire protection, sanitary sewer, storm water, and roadways. Storm water facilities and roadways will be designed in accordance with the City of La Porte, Harris County, and Harris County Flood Control District requirements. The design of the site infrastructure will be reviewed with the site plan submittal and construction drawings in accordance with the Public Improvement Criteria Manual (PICM). Recognizing that the project is moving along with the respective submittals and approval process, Staff and the developer created a development proposal. All applicable elements of the Comprehensive Plan are reviewed and incorporated into this development proposal. However, owner/developer has expressed concerns that present conditions have mandated changes to the Developer's Agreement associated with SCU#05-003. Staff and the owner/developer have worked on the Development Agreement and Declaration of Covenants, Conditions, and Restrictions associated with this development. If approved, Special Conditional Use Permit SCU#06-006 will supersede Special Conditional Use Permit SCU#05-003 and shall be applicable for an overall development in conjunction with the Development Agreement and OCRs. SCU06-006 August 17, 2006 Page 4 of 8 Exhibit D, Development Agreement: This Development Agreement is entered into between Port Crossing Land, L.P. and the City of La Porte. Draft Development Agreement is summarized as follows: Article II General Plan (GP) and Land Use — The GP contains general information regarding the development of the entire 300-acre site. (See Exhibit "F") The Plan's significant features include contemplated land uses, open space and storm water detention areas, landscape and buffer areas and roadway network. Article II also addresses additional land use restrictions. These are specifically defined in Exhibit "G" which will be discussed later in this analysis. Article III Restrictive Covenants — Restrictive covenants are identified in Exhibit "H" and are applicable for the overall development of Port Crossing. Future stages of this PUD development will require finalizing and recording covenants with subdivision plats and site plan submittals. Significant components of the covenants are discussed below. • Article V Open Space/Trail, Buffering and Beautification — In this project, the open space and trail as identified are both consistent with the City's Comprehensive Plan. The General Plan shows the relationship of these features and also demonstrates how the trail system, open space area, and the stormwater detention system are interrelated. This Article provides an option where the City may elect to accept these facilities depending on the final design. Buffering and beautification is also addressed under Article V. As shown on the General Plan, a 100' wide landscape buffer is provided along the west side of Powell Road for Phase 1, Section 1. A 50' wide landscape buffer is provided along State Highway 146. In addition, landscaping will be provided within building setback areas and easements throughout the project. Ownership of the landscape buffers, reserves and easements will be held by fee ownership of adjoining property or by the property owners association. The maintenance shall be the responsibility of the property owners pursuant to provisions of the deed restrictions enforced by the association. Signage is part of this Article, but is more specifically defined in the Restrictive Covenants (Exhibit "H"). Staff is requesting that a consistent theme and design be used for all signs within this development. • Article VI Schedule — The schedule identifies the development of infrastructure and construction of public improvements that will be needed for this development. As additional phases are proposed, SCU06-006 August 17, 2006 Page 5 of 8 staff will review the infrastructure schedule to ensure that adequate facilities are being constructed to serve the needs of this project. • Article VIII Traffic Control Plan — Truck traffic is typically associated with this type of commercial and industrial development. In an attempt to reasonably control truck traffic, Exhibit "I" is included to further define how truck traffic will be handled. This agreement contemplates that all trucks will enter and leave the site via SH146 and Wharton Weems Blvd. and no trucks will proceed north along Powell Road to Fairmont Parkway. The use of signs, driveway design, routing plans, and individual driver instruction will be used to implement these provisions. This Article also addresses driveway access. Staff and the developer have attempted to limit the installation of driveways within this project by implementing shared - access and cross -access easements. More specific review of this will occur during site plan and plat review as subsequent phases develop. The total number of drives along the SH146 feeder road is limited to 18. This assumes that some of the larger tracts will require at least two drives, while some smaller tracts may not require any drives and will utilize a shared access. • Article IX Site Rail Traffic — The developer is committed to managing on -site rail activities to establish efficient rail car movements that may decrease conflicts at Fairmont Parkway. Also, the maximum number of rail lines is established at 22 and no rail lines will extend to the east side of Powell Road. • Article X Utilities, Drainage — Staff and the developer agreed that the water system needs to deliver between 4,000 and 6,000 gallons per minute to provide suitable fire protection. This may be accomplished by tapping into the City's existing 16-inch water line on the east side of State Highway146. Sanitary sewer service can be provided via the City's existing trunk sewer main in the K Street right-of-way just south of Fairmont Parkway. Stormwater facilities will be designed in accordance with the City and HCFCD requirements. Design of stormwater detention basins will accommodate features of the Open Space/Trail System. Exhibit "E" Metes and Bounds Description: This exhibit establishes the overall boundary of this development. This boundary is shown on the General Plan. SCU06-006 August 17, 2006 Page 6 of 8 Exhibit "F" General Plan (GP): The General Plan basically depicts the ultimate layout of the development. It identifies future land uses, street alignment, utilities and drainage, buffer and setback areas. Exhibit "G" Land Use Exceptions: The General Plan makes broad references to land use categories. This exhibit further defines the land uses that are acceptable within various tracts of this development. Uses currently permitted within our zoning ordinance are permitted here with some exceptions. In the Business and Retail (GC) tracts, general contractors, automotive services, outdoor sales and outdoor storage are not permitted. In the Office/Warehouse (BI) tracts, general contractors, automotive services, outdoor sales and outdoor storage, and off -premise signs are not permitted. In the Light Industrial (LI) tracts, manufacturing of chemicals, outside storage including shipping containers, off -premise signs and a few other uses are not permitted. In Reserve "A" labeled as Rail/Warehouse, the uses permitted in the (LI) tracts are permitted here including rail activities. Shipping containers that are in transit or are being used to deliver material into or out of the project will be permitted. This use of shipping containers may be incidental to some permitted uses. Exhibit "H" Declaration of Covenants and Restrictions: The Restrictive Covenants document provides initial and long-term property control in the business park. Through the assessment of fees, the Property Owner's Association (POA) maintains landscaped areas, common areas, perimeter fences and open space areas through out the park. Significant features of this declaration are as follows: Permitted and Prohibited Uses — The developer will follow the underlying land uses as depicted on the General Plan. Covenants provide a list of various uses which will be prohibited. In addition, the use of any portion of the subject property shall be subject to zoning ordinances, SIC Code and other laws applicable here. Architectural Control - Some of the significant property controls that the Restrictive Covenants provides are in the areas of architectural design of buildings. The document states that each of the improvements to be located on the property shall be constructed with exterior materials of brick, masonry, stone, marble, or permanently finished concrete and/or glass, or of an equivalent, permanent, architecturally -finished material to finish grade and no SCU06-006 August 17, 2006 Page 7 of 8 buildings shall be covered with aluminum, iron, steel or other metal surface. Landscaping — The developer shall submit landscaping architectural plans for approval by the City. All open, unpaved space, building setback areas, and buffers shall be planted and landscaped as per approved plan. For proper maintenance, a sprinkler system shall also be installed in all landscaped areas. With regard to landscaping, staff is only requesting that a uniform design theme be utilized throughout this project. Signs — All signs shall be incompliance with the ordinances and approved by the City. Uniform design and application of signage to create a unified complex appearance intended. Property Owner's Association — The administration of the subject property shall be governed by the Property Owner's Association. Management, duties and functions of the Association are provided in detail. As this development progresses and plats are filed for each section, the restrictive covenants will be filed for record along with the subdivision plat. Considerations: The Commission must review several considerations: ➢ Dedication of the following road rights -of -way should be completed prior to the final approval: • Additional 40' of right-of-way along Powell Road parallel to and the length of Phase I, Section 1 (60'-100' right-of-way total) • 100' right-of-way for extension of road to State Highway 146 (to connect with Wharton Weems Boulevard) • Agreement with the owner/developer to dedicate the southern extension of Powell Road south once abandonment and construction issues have been resolved between Harris County, City of La Porte, and owner/developer. ➢ The City of La Porte, Harris County, Harris County Flood Control District, and TX DOT must approve the construction plans and specification as per TIRZ# 1 /Redevelopment Authority Reimbursement Agreement. ➢ Once the Final Plat along with public improvement construction plans is approved by the City, owner/developer files for record the covenants and restrictions referred to and a part of the Development Agreement. SCU06-006 August 17, 2006 Page 8 of 8 Recommendation: Recognizing the size and scope of the project and its implications to the overall economic development in the City is significant. In addition, all applicable elements of the Comprehensive Plan were initially reviewed and incorporated into this development. Given that we now see some forward movement on the development in general, Staff suggests that Special Conditional Use Permit SCU#06-006, if approved, will supersede SCU#05-003 and shall be applicable for an overall development in conjunction with the Development Agreement and CCRs. Should the Commission wish to approve the SCUP in its present format, we recommend the following: 1. This SCUP is not applicable to any other specific development anticipated or proposed by General Plan. 2. This SCUP outlines in general terms the proposed Planned Unit Development. The developer recognizes and understands that any future construction or development of the private or public improvements anticipated by this SCUP and the General Plan shall require further submittal and approval of plats, site plans, construction drawings, and building plans, etc. 3. Said submittals shall be in accordance with this SCUP, the approved General Plan, the Development Agreement, ordinances and policies of the City of La Porte and specifically Section 106-216 & 217 of the Zoning Ordinance. 4. The Developer shall comply with all other applicable laws and ordinances of the City of La Porte and the State of Texas. Actions required by the Commission: • Recommend to Council approval of this SCUP with conditions. • Recommend to Council denial of this SCUP. • Recommend tabling this SCUP for further review. F ..aoa• 100' WDE SOUTHERN PAOFIC RAAROM RIGHT-OF-WAY (VDU 910, PG. B8. OE® RECORDS OF HARRIS CWNN. TEXAS NOln'f0_W �— 420.41 RAILROAD I r `11 xaso B.' CIFI T `' i S ES SOUT_FI.ERNPA RESERVE E 911.1ti ..�-`•� �` `\` T / ' -`\ t1I ,F Rnle Near 9.13E2 x°RA�eaRRXpRbua W]•4' � •• 9'19 PONELLIHND(TPROYA`\ 'GT(EJCRYC�•._' '� %A 1 + e'�a�p � �•3 `'`" ss- Iaµ:�ZelG2D,�B--' `ys . r`, �- yeE.sMDalEnl \ � - _ 1.,. :4 +` ' ♦♦ \\ AC4tEAGE 67.5429� ^'1 11 pg� '0• ' w+DscME G \ '-'S Nezx: a �: i ♦`.: �\, _1_ ♦ t i QS, I I \ d F11(/Z4'44'Wrr ♦♦ 4^'� -. v_ o - \ AND Wtt N ♦__ __.. __-_____�� --I'r + EX51 pp1YELL ROM IED'MW/ 1 RIAMe _-F_^-__--__ PaME1A.M �_ pOWELLROAD ♦_ ___ ,uYn1 4Aa 12' EINMDEOW 0.F" -^— F'� / RESERVE H rr i _ A I-__-- .. i 1 R Y ACREAGE 20.0007 r _ ___,.,.r ` i ____„ai i '` 1 ' i -` ^♦` I __-+- N RESERVEYc ---+IA•^y-- ------' `^ ACREAGE 62:9507 RESERVE C-, ACREAGE i` '` ACREAGE 21.5381` M xorl•5]•wn 5' ;'RES!'RVE i 14.7A40 '\ - P'CREAGE •i 6 `Pn °�aR k u u sr. : ____^T `\ TS YADEDRA9WOE CNM `�1 RESERVE D ACREAGE 14.3062 RE VEH RESERVE .�wD u1°tpDfumwo 1D— o<� CREAGE ww.D.d u+E wloFen.c /"M99"u'1 E�sTm+T CREAGE 23.5269 i -" _.3.6856 f 1 r ,r---------wrts'ster� ±RT? _________________l.____-_ � RS�-0B,jj _- ___ 7------� � SO51B04E 20]I 6.9•�- �-NB'TeB�40•E STATE HIGHWAY 146 1? a 0 Fp 9 S CITY OF LA PONTE SURVEY MMNER N0. 11D PROJECT MANAGER: ONNER/DEVELOPER: HIWA GARZA SCOTT. P.E. RUSSELL D. PLANK GOLDSTON ENGINEERWG, INC. PORT CROSSING LAND, L.P., 5850 SAN FELIPE. SUITE 650 NATIONAL PROPERTY HOLDINGS, UP., AND HOUSTON. TEXAS 77057 F.L.P.C.W., L.P. (713) 977-8291 3330 S. SAM HOUSTON PARKWAY E. HOUSTON. TEXAS 77047 (743) 578-1234 VICINITY MAP NOTES: 1. TOTAL PLOTTED AREA WNTANS 300.8642 ACRES (3.105,eBe SOME F1F0 OR LAND. 2. ACCOROIND TO MM H0. 40201 W043J OF THE FEREI RAL EMERGENCE MANADEMMR ADENCYS FLOW WSURANCE RATE MAPS FDA H-11 GWNTY. DAM NO 0, 1990, A PORTION OF THE SUBJECT TRACT 15 SITUATED WTBN ZONE 'AE' DEFINED AS SPEDIAL FLOW HAZARD ME" INUNDATED BY IOD-YEAR FLOOD IRTH BASE ROW EIEVATWS DEIERMNED AND SHAPED ZOIE'X' DEFINED AS AREAS OF SOD -YEAR FLOOD; AREAS OF 100-YEAR FLOOD STI AVERAGE DEP— OF LESS MAN I -FOOT OR WITH DRAINAGE MEAS LESS TWI I SQUARE MILE; AND MEAS PROECTD BY LEVEES FRGM 100-TEAR ROW. THIS RWO STATEMENT DOES NOT IMPLY THAT THE PROPERTY M0 STRUCTURES 740MON 9 BE FREE FROM FLOODING OR FLOOD DAMAGE. ON RARE OCCASIONS FLOODS CM AND WLL OCWR AND FLOOD HEIGHTS MAY BE INCREASED BY MAN -MARE OR MAWR& CAUSES. THIS FLOW STATEMENT SHALL NOT CREATE UA91UN ON THE PART OF ME SURVEYOR. THE LWARW OF' THE FLOW ZWE LINES SNONN HERELN Yk1.E OETRMMED BY SCALING FROM SAID FIRM MAP. ME ACTUAL LACARON A5 DETERMINED BY "—ON CONTOURS MAY OFFER, COTTW 9JRVETNO COMPANY ASSUME5 NO UADUN AS TO THE MWRACY CE TIE LOCADON CP THE FLOW ZONE UNITS, 3. ME FEDERAL WERGENCY MANAGEMENT AGENCY HAS RELEASED FREUMINARY FLOOD INSURANCE RATE MAPS BASED ON THE MMCA. STORM RLSOV REWNRY PROJECT (15ARP) AND SOON ON TIE NTERNEf AT ADDRESS WtIW.MMP.O L AS OF THE DAIS OF TIE SURE . AWO NO TO NO NO. 4820100015E ME A10JECT TRACT IS SNAIEO R MIN ZONE AE DESCRIBED AS A SPIDW1 FLOW HAZARD AREA SUBJECT TO INUNDATION BY ME 1X MNUAL CHMM FLOW EVERT (1W-YEAE FL000)'MIH BASE FLOW ELEVATIONS pETl88NE0. AND AOEp ZONE X DE MED AS AREAS OF ME 0.25 RINVAL CHANCE FLOOD (500-YEN FLOW); AREAS OR IX MNUA. OHANCE FLOW r-YEAR FLOW) BIM AVERAGE DEPM4 OF LESS THAN WE FORT OR DRAIN ApE AREAS LESS "AM ONE SQUARE Ma£; AND AREAS PROTECTED BY LEVEES FROM 11 ANNUAL CHANCE FLOW. T+E ACTUAL LOCATION AS DETERMINED BY ELEVATION CWTOURS MAY DEFER. COTTON WRIEYNO COMPANY ASSUMES NO LIABILITY AS TO TIE ADOIRACY OF TIE LOCATION OF 111E FLOW DONE UMIM k PROPERTY ZONED HEAVY NIXISMAL. BUSNESS. k GENERAL COJMERCAL S. BEA IN05 ARE BARD O+ THE NEST RENT -OF -WAY LINE D, POYATL STREET. G. EEVATIWS SHONN HERVDN ARE BASED ON ROOD PLAN REFERENCE MAN N0. GIM25 LOCATED AT TIE INIER—TW OF M CASE ROM MO PMU. ROAD WTI A PUBLWED ELEVATIM OF 12.47. NAVD BD, 2W1 MJUST?IENT. A Meeting of the Lai Porte Pla & L Commission (Typc of Mcctiu�t Scheduled for August 17, 2006 (Date of Ueetin6 to Consider S eciial Conditional Use Permit 39IZf"Me-006 (Type of Request) I have rem tiCe of the above refuenced public h arng. 8=Uti*9 this tequebt for t1le &110 viug xeasosUs: 1 am OPPOSEJO to &=ting this request ;For the foi(owing reasons: RECEIVED PLANNING DEFT. 51 -.Ly Stzte, Zip TO 39tid HdN bb99bELETL bb:ZT 90OZ/L0/80 13/14 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 11 2006 p Requested By: D. Wilmore Department: Planning Report: X Resolution: Ordinance: X Exhibits: Dangerous Building and Owner Information Exhibits: Inspection Report & Condemnation Ordinance Exhibits: Slide Presentation Appropriation Source of Funds: General Funds Account Number: #001-9092-524-6021 Amount Budgeted: 1.963000.00 Amount Requested: Budgeted Item• S NO SUMMARY & RECOMMENDATION City Council is asked to consider condemning and ordering the demolition of one (1) substandard structure/building. A June 12, 2006 regular meeting authorized a July 10, 2006 public hearing date; however, at that hearing Council "tabled" the structure for sixty (60) days and directed staff to bring this structure back for consideration at the September 11, 2006 Council meeting. Subsequent to this meeting, as required by Article VIII; Section 82-475 of the Code Ordinances, a notice was published twice in the Bayshore Sun and a certified letter and regular mail letter (including the inspection report and public notice) was mailed to the owner of the structure. Following the action by Council, staff will handle required paperwork preparation and mailings. Should Council condemn the structure, demolition funds will be from the 2006/2007 budget. The purpose of this public hearing is to receive property owner and citizen comments as to why the structure should or should not be condemned and demolished. Following the close of the hearing, Council will be asked to consider condemnation of the structure. Staff has included the inspection report and condemnation ordinance as part of this packet The Dangerous Building Inspection Board (Chief Building Official, Fire Marshal and Fire Chief) unanimously recommend the structure be condemned and demolished. Action Required by Council: Consider passage or other action regarding condemnation of the substandard structure. Approved for City Council Agenda i Debra Brooks Feazelle, City Ma ger Date POTENTIAL DANGEROUS BUILDINGS Summer 2006, Group 1 — Tabled Structure(s) July 11, 2006 202 Forest Avenue Zoning: R-3 Use: Old Lodge Building Legal: Blk. 15; Lots 1-3; Sylvan Beach HC AD : 903 5 -213 -015 -0001 Tax Roll: Richard H. Harrison - 4545 Elm St. - Bellaire, Tx 77401-3717 Deed: Richard H. Harrison - 4545 Elm - Bellaire, Tx 77401 Taxes*: None Owed Mowin Clean-up Liens: $ 245.00 *Note: In 1994 the building valuation was reduced to $100 and then to "No" valuation in 1995. No taxes for "improvements" have been collected on the existing, on -site improvement since 1995. City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 05-17-06 STREET ADDRESS: 202 FOREST AVE HCAD OWNER RICHARD H. HARRISON — 4545 ELM ST. - BELLAIRE TX 77401-3717 DEED OWNER: RICHARD H. HARRISON - 4545 ELM - BELLAIRE TX 77401 LEGAL: BLOCK 15• LOTS 1-3-, SYLVAN BEACH OCCUPANCY TYPE: OLD LODGE BUILDING ZONING: R-3 NON -CONFORMING ISSUES: CONDITIONAL USE IN R-3 ZONE FACILITIES AVAILABLE: WATER: YES SEWER: YES ELECTRICAL: YES GAS: YES NO.OF DWELLING UNITS: N/A VACANT: YES OCCUPIED: AS REQUIRED IN THE CrIyS CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIA THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: J 1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; J 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection Form Bldg 1 Page 2 J 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 4 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; J 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay, (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety, 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety, 4 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION #3: (NON-RESIDENTIAL) IN ACCORDANCE WITH THE CH Y'S DANGEROUS BUILDING REGULATIONS AND THE 2003 INTERNATIONAL BUILDING AS ADOPTED AMENDED AND ENACTED BY CITY. ORDINANCE #04-2700 AND #96-2079-B. USING THE REGULATIONS AND CODE AS rrS GUIDE rT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS BUT STILL REPAIRABLE. ALL REOUMM REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIIL SECTION 82-478 rr IS THEN THE OPINION OF THIS BOARD THAT THIS BUILDING BE DEMOLISHED. BUILDING OFFICIAL'S OFFICE DATE �- # Lf • FIRE CHIEFS OFFICE DATE Dangerous Building Inspection Form Bldg 1 Page 3 BUILDING EVALUATION CHECHIdST A = Adequate D = Deficient N/A = Not Applicable I. STRUCTURAL COMMENT / EXPLANATION A. Foundation 1. Slab UNK UNABLE TO INSPECT 2. Pier & Beam a. Footings N/A b. Sills N/A c. Joists N/A B. Walls 1. Exterior D HOLES, ROT 2. Interior UNK UNABLE TO INSPECT Means of Egress 1. Doors a. Interior UNK UNABLE TO INSPECT b. Exterior A 2. Porches, Steps, Stairs A 3. Windows UNK UNABLE TO INSPECT -BOARDED UP D. Roof 1. Rafters D ROT 2. Deck, Shingles D ROTTED FACIA & SOFFIT E. Ceilings 1. Joists UNK UNABLE TO INSPECT 2. Ceiling U T14R7 UNABLE TO INSPECT F. Floors UNK UNABLE TO INSPECT G. Other N/A II. MEHCANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel D METER CAN NOT TO CODE: UNABLE TO INSPECT INT PANEL 2. Wiring UNK UNABLE TO INSPECT 3. Lights, Switches UNK UNABLE TO INSPECT 4. Outlets UNK UNABLE TO INSPECT 5. Other N/A B. Plumbing 1. Fixtures a. Sink UNK UNABLE TO INSPECT b. Lavatories UNK UNABLE TO INSPECT c. Water/Closets UNK UNABLE TO INSPECT d. Shower UNK UNABLE TO INSPECT e Water Heater UNK UNABLE TO INSPECT 2. Water Piping UNk7 UNABLE TO INSPECT 3. Drain, Waste & Vent UNK UNABLE TO INSPECT 4. Sewer/Septic tank UNK UNABLE TO INSPECT 5. Gas System UNK UNABLE TO INSPECT C. Heating & A/C 1. Heating UNK UNABLE TO INSPECT 2. Air Conditioning UNK UNABLE TO INSPECT III. PROPERTY CONDITIONS 1. Accessory Structures N/A 2. Condition of Grounds A 3. Other Comments: SACPShareT44PECTION DIVISIONV LL OTHER STUFRCode Enforcement\Dang Buildings\D B INSP FORM 202 FOREST AVE.doc07-2004 Rev. AeA na ncCrc,,lK,,/ ORDINANCE NO. 2006- AqPel N D ;r p�P� AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 15, Lots 1-3, Sylvan Beach, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Richard H. Harrison IS THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION $OARD 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 BUILDING(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 LaPorte, passed and approved Section 82- 472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) 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(s); and WHEREAS, Section 82-474 (e) 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(s) 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(s) located on Blk 15, Lots 1-3, Sylvan Beach which is further described as 202 Forest Ave., Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a Ordinance No. 2006- 0 , Page 2 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 LaPorte; and WHEREAS, said Board has heretofore made and filed its written report, dated May 17, 2006 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, Richard H. Harrison, whose address is 4545 Elm St., Bellaire, TX 77401-3717, that a hearing as provided in Section 82-477 of said Ordinance would be held on September 11, 2006, 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 September 01, 2006, 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 September 11, 2006 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: Ordinance No. 2006- 90 Page 3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: 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(s) to be a nuisance, and orders such building(s) condemned. Section 4. The City Council hereby finds, determines and declares that Richard H. Harrison, who resides at 4545 Elm St., Bellaire, TX 77401-3717_and is the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said Richard H. Harrison has been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Richard H. Harrison to entirely remove or tear down such building(s), and further orders the said Richard H. Harrison to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within thirty (30) days from the effective date of this ordinance. 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(s) to be affixed in one or more conspicuous places on the exterior of the building(s), 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 Richard H. Harrison, by registered mail, return receipt requested. Section 8. Should the said Richard H. Harrison, not comply with the orders contained in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days Ordinance No. 2006- R 90 Page 4 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(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said Richard H. Harrison, 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 carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building(s), 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 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 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the f%s - day of S�)2006. ATTEST: C City Secretary APPROVED: lz�� City Attorney CITY ILA PORTEBy: Mayor 040, r a(IcCCa po 'I)a10� e-V ACTION OF CITY COUNCIL On this, the day of , the City Secretary of the City of La Porte, having received the above and foregoing report from the Dangerous Building Inspection Board 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 the City's Code of Ordinances Article VIII, Section 82478. CITY OF LA PORTE LI-M ATTEST: City Secretary CITY SECRETARY'S CERTIFICATE I hereby certify that on the day of , I mailed a notice to the above named owner, in connection with the above referenced property, said notice being in accordance with City's Code of Ordinances Article VIII, Section 82-478. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. Martha Gillett, TRMC, CMC City Secretary S:\CPShme\Code EnforcementWction by City Council Form.doc April 2004. Rev. August 28, 2006 Richard H. Harrison 4545 Elm Street Bellaire, Tx 77401-3717 RE: Structure(s) at: Legal Description: Dear Mr. Harrison, City of La Porte Established 1892 Certified Return Receipt Mail #7005 0390 0004 8171 0911 202 Forest Avenue. Block 15; Lots 1-3; Sylvan Beach Staff inspected the building(s) located at the above -described property and found it to be substandard and a candidate for possible condemnation as a dangerous building(s) under Article VIII; Section 82-473 of the City's Code of Ordinances. Although a copy of the Dangerous Building Inspection Board report was previously furnished to you in June, we are including an additional copy of it along with the new public hearing notice as part of this letter. the July 10, 2006 public hearing meeting, In accordance with Section #82-476, this letter is to remind of the public hearing to be held at the City of La Porte City Hall Council Chambers, 604 W. Fairmont Parkway, La Porte, Texas at 6:00 p.m., on the IVh day of September, 2006, and as the same may from time to time be adjourned, to appear and show cause why the structure(s) should not be declared a nuisance, condemned and ordered repaired or torn down, as more fully set forth in such notice attached hereto. Please note, should this building be demolished at the City's expense, you as the property owner will be billed for the cost of demolition. Failure to reimburse the City will result in a lien being filed against the property. 604 W. Fairmont Pkwy. • La Porte, Texas 77571 • (281) 471-5020 Public Hearing Notification Letter Page 2 or 2 At the public hearing, the City's Chief Building Official will present a report and slide presentation for City Council's use in assessing the condition of this structure. City Council will make the final determination whether the structure may be repaired or condemned and demolished. Respectfully, City of La Porte By Martha Gillett, TRMC, CMC City Secretary Attachments Xc: Mayor and City Council Wayne Sabo, Director of Planning Mike Boaze, Fire Chief Clif Meekins, Fire Marshal Board of Inspection File Copy via regular mail 15/16 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 11, 2006 Requested By: Shelley Wolny Department: Finance Report: Resolution: Ordinance: XX Exhibits: Public Hearing Notice Exhibits: Exhibits: Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION The City Council held budget workshops on August 14 through August 16, 2006 to discuss proposed budgets for the fiscal year beginning October 1, 2006 and ending September 30, 2007. The Summary of Funds, which is shown below, represents the result of the workshops held with City Council. All changes made by Council were incorporated into the various budgets. 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 Insurance Fund Technology Fund General Capital Improvement Utility Capital Improvement Sewer Rehabilitation Capital Improvement 1998 General Obligation Bond Fund 2000 General Obligation Bond Fund 2002 General Obligation Bond Fund 2004 Certificate of Obligation Bond Fund 2005 Certificate of Obligation Bond Fund 2005 General Obligation Bond Fund 2006 Certificate of Obligation Bond Fund 2006 General Obligation Bond Fund Transportation & Other Infrastructure Fund General Debt Service Utility Debt Service La Porte Area Water Authority Debt Service Total of All Funds Revised 2006 Proposed 2007 $ 27,280,748 $ 28,161,818 1,279,794 347,491 729,233 454,346 140,728 138,000 740,060 832,180 36,000 36,720 6,566,704 6,798,512 248,516 209,360 10,043 190,248 1,032,067 1,631,110 1,158,149 1,193,500 2,397,651 1,457,154 4,460,139 4,375,688 955,839 1,289,149 1,509,497 402,950 3,551,579 1,230,000 262,643 330,000 1,204,600 6,000 1,566,623 170,000 1,638,036 0 320,457 0 1,008,299 675,000 10,191,600 459,400 5,700,000 260,000 1,200,000 0 449,650 0 2,421,752 2,798,294 292,712 494,328 771,719 760,700 $79,124,838 $54,700,948 There is no change in the Tax Rate, which has remained constant for the last eighteen years. Action Required by Council: #7 Conduct Public Hearing #8 Please adopt Ordinance approving Fiscal Year 2006-07 Proposed Budget. ORDINANCE NO. 06- Ag19 AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007; 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, 2006, through September 30, 2007, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on July 24, 2006, and a public hearing scheduled for September 11, 2006 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 adopted as the Budget for the said City of La Porte, Texas, for the period of October 1, 2006, through September 30, 2007. 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 111h day of September, 2006. TY OF LA PORTE, TEXAS Alton Porter, Mayor ATTEST: M606 Gillett, City Secretary APP O ED: 7. Knox Askins, City Attorney Approved for City Council Agenda Debra B. Feazelle, City MalfirOr q-6,)-66 Date w y } 6wddol 't5utwurul nowe o s�� fiousmai esr�o=""Q ecouhry; r exas.---Y.'lay OF THE BIDS WILL BE OPENED AND PUBLICLY READ IN THE UPSTAIRS TRAINING ROOM IMME- DIATELY AFTER THE CLOSING HOUR FOR THE BIDS ON SAID DATE. AN ELEVATOR IS NOT AVAILABLE. PLEASE +I•PuZ•I�Jf�L•� taken by Council. lishments within the Port Development $ Construc- Crossing Business Park. A tion Inc., is seeking appro- Special Conditional Use val of a permit for the pro - This facility has disability Permit is required for the posed ' development of accommodations availa- development to be located 'Underwood Distribution ble. Requests for accom- within a Planned Unit De- Center II" to be located modations or interpretive velopment (PUD) zone per within the park. A Special services at meetings Section 106-637 of the Conditional Use Permit is should be made 48 hours Code of Ordinances of the required for the proposed prior to the meeting. City of La Porte. (Note: If development to be located Please contact City Secre- approved, this permit will within a Planned Unit De- tary's office at (281) 471- supersede Special Condi- velopment (PUD) per Sec- 5020 or TDD Line (281) tional . Use Permit tion 106-637 of the Code 471-5030 for further infor #SCU05-003 and shall be of Ordinances. matron. applicable for an overall development in conjunc- tion with the Development NO LATE BIDS WILL BE Agreement and CCRs). CONSIDERED FORMS FURNISHED BY THE CITY OF LA PORTE MAY BE OBTAINED WITHOUT DEPOSIT FROM . THE PURCHAS- ING OFFICE LOCATED AT 2963. N. 23RD STREET, LA PORTE, ' TX 77571. THE CITY RE- SERVES THE RIGHT TO REJECT ANY AND/OR ALL BIDS, TO WAIVE ANY AND ALL TECHNI- CALITIES AND TO AC- CEPT ANY BID OR PART THEREOF, WHICH IN THE OPINION OF THE CITY COUNCIL, IS MOST ADVANTAGEOUS TO THE CITY. FOR INFORMATION CONCERNING THIS BID, PLEASE CONTACT SUS - AN KELLEY, PURCHAS- ING MANAGER, AT 261- 470-5126. THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE NOTICE OF PUBLIC HEARING In accordance _ Ile with the provisions of Sec - bon 106-171 of the Code of Ordinances of the City jue of La Porte, and the provi- ,all sions of the Texas Local Government Code, notice is hereby given that the La Porte City Council will con- duct a public hearing at 6:00 P.M. on the 11th day of September, 2006, in the Council Chambers of the City Hall, 604 W. Fair- mont Parkway, La Porte, Texas. The purpose of this hearing is to consider amendments to the Zoning THE STATE OF TEXAS) COUNTY OF HARRIS) CITY OF LA PORTE) NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of La Porte will hold a Public Hearing on the 11th day of September 2006, in the Council Chambers of the City Hall, 604 West. Fairmont Park- way; La. Porte, Texas, be- ginning at 6:00 P.M. The purpose of this hearing is to provide citizens the op- portunity to comment on the overall budget. The City of La Porte, must, by Charter re- quirement, adopt its fiscal budget by September 30, 2006. Within thirty days thereafter, copies of the adopted budget will be available for public inspec- tion and copying at the of- fice of the City Secretary, City Hall, 604 West Fair- mont Parkway, LaPorte, Texas, and the La Porte Community Library, 600 South Broadway, La Porte, Texas, during normal busi- ness hours. CITY OF LA PORTE Martha A. Gillett, TRMC,CMC City Secretary THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE A regular meet- ing of the City Council will follow the public hearing for the purpose of consid- ering the public hearing Item and to conduct other matters pertaining to the Council. Citizens wishing to address the Council pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC,CMC City Secretary A quorum of City Council members may be present and participate in discus- sions during this meeting, however, no action will be taken by Council. This facility has disability accommodations availa- ble. Requests for accom- modations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact City Secre- tary's office at (281) 471- 5020 or TDD Line (281) 471-5030 for further infor- mation. A regular meet- ing of the City Council will follow the public hearing for the purpose of consid- ering the public hearing item and to conduct other matters pertaining to the Council. Citizens wishing to address the Council pro or con during the Public Hearing will be required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC,CMC City Secretary A quorum of City Council members may be present and participate in discus- sions during this meeting, however, no action will be taken by Council. This facility has disability accommodations availa- ble. Requests for accom- modations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact City Secre- tary's office at (281) 471- 5020 or TDD Line (281) 471-5030 for further infor- mation. City of La Porte Interoffice Memorandum TO: Mayor and Council FROM: Shelley Wolny, Budget Officer Q DATE: August 23, 2006 SUBJECT: Changes from Budget Workshops Please find attached a summary of changes from the budget workshops. The top section of the spreadsheet reflects changes to the General Fund that were recommended by Council. Among these changes are the adjustment to Council lease and maintenance fees, enhancement to annual retreat costs, the relocation of City Hall janitorial expenditures (no budget impact), the deletion of five year vesting, enhancement to customer service training and the addition of garbage bags to sell, which will impact both the expenditures and revenues. The second section reflects changes that were brought forth by staff. As previously discussed, these changes include: a reduction in professional services in Criminal Investigation for lab fees, the deletion of the Assistant City Manager position in Finance, the adjustment to attrition, an increase in electrical costs and an adjustment to revenues. Since the workshops, staff has had a chance to revisit the revenues and has made adjustments based on current year's actual numbers using two more months of data. The revenue adjustment includes an increase in sales tax revenues, an increase for gas and cable franchise fees, and increase in the mixed beverage tax and an adjustment for the Fire Contract revenues. Additionally, another $150,000 has been added for the implementation of the compensation study. The study has been delayed so the final amount is not known yet. An additional request is included for a transfer of $153,915 from the General Fund to Fund 043 for the EMS Remodel. This item will also be on the agenda. Lastly, the spreadsheet shows an adjustment for the Golf Course operations and the increase in the Chamber Contract. All of the above mentioned changes have been made to the Proposed Budget. Please contact me if you have any questions. Changes from Budget Workshops City Council Changes Computer Lease & Maintenance Fees in City Council Budget Annual Retreat in City Council Budget Janitorial - Move from Administration into Non -Departmental Five Year Vesting Customer Service Training Garbage Bags - Purchase of additional rolls to sell Garbage Bag - Additional Revenues (Overhead) Net Affect of Council Changes Staff Changes Chief Reff - Reduce Other Professional Services in Criminal Investigation Deletion of Assistant City Manager Position Attrition Attrition - Historical Average Electricity - projected increase Additional Money for Compensation Study Implementation (up from $400, 000 to $550, 000) Revenue Increases Net Affect of Staff Changes Total Changes to General Fund Other Changes Increase Chamber Contract - Hotel J Motel Fund Increase Golf Course Expenditures (Operations) FY 2006 - Additional Funding for EMS Remodel (Funding to come from General Fund) Affect on Budget (6,170) 5,000 (6,168) 5,000 10,000 1,040 6,622 Affect on Budget (35,000) (134,654) 150,000 (238,604) 247,800 150,000 130,291 9,251 15,873 30,000 50,000 153,915 Budget Follow -Up to Questions from Workshops Items Needing City Council Direction 8114 Meeting Item 10 - Paperless Agenda Options ($3400 up to $37,700) Item 13 - Council Travel Changes (Prior Cuts) Item 14 - Council Dinners Net Affect 8115 Meeting Item 15 - Metering Lighting at Ballfields Net Affect 8116 Meeting Item 9 - Longevity (Increasing from 25 to 30 years) Net Affect Total Potential Changes to General Fund 8115 Meeting Item 20 - Emailing / Online Water Bills Total Potential Changes to Technology Fund 8116 Meeting Item 1 - Insuring Welcome Signs Total Potential Changes to Insurance Fund (Risk Division) Potential Affect on Budget $ 37,700 18,000 2,400 58,100 3,163 3,163 (2,320) (2,320) $ 58,943 $ 29,100 $ 29,100 $ 403 $ 403 IVA REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 11, 2006 Requested By: Michael Dolby Department: Finance Report: Resolution: Ordinance: XX Exhibits: Exhibits: Exhibits: Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION The Fiscal Year 2006-07 Budget was built around an increase to Water and Sewer rates. This entails increasing the base residential water rates from $6.95 to $7.95, and base residential sewer rates from $6.75 to $8.25. Sewer Rates 2005-2006 2006-07 6.75 8.25 Water Rates 2005-2006 2006-07 6.95 7.95 Staff is also recommending that the cap for sewer rates be increased to $35.00. Action Required by Council: Approve Ordinance increasing the Water and Sewer rates. Approved for City Council Agenda at(",tT U ) ' / Debra B. Feazelle, City Manager j Date -� ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A - FEES, CHAPTER 74, "UTILITIES", SECTIONS 74-246 AND 74-276, OF CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY AMENDING THE FEES ESTABLISHED THEREIN TO READ AS PROVIDED HEREIN] CONTAINING A SEVERABILITY CLAUSE] FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWf AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Appendix A - Fees, Chapter 74, "Utilities", Article III, "Water and Sewer Service Charges", Division 2 "Water Service Rates and Charges, Section (a) "Water service rates", Subsection (1) "Residential Use", is hereby amended and shall hereafter read as follows, to -wit: "(a) Water service rates 74-246 (1) Residential use: A minimum charge, per month... 7.95" Section 2. Appendix A - Fees, Chapter 74, "Utilities", Article III, "Water and Sewer Service Charges", Division 3, "Sewer Service Rates and Charges", Section (a) "Rates for sewer service", Subsection (1) "Residential Use", is hereby amended and shall hereafter read as follows, to -wit: "(a) Rates for sewer service 74-276 (1) Residential use: A minimum charge, per month... 8.25" Section 3. Appendix A - Fees, Chapter 74, "Utilities", Article III, "Water and Sewer Service Charges", Division 3, "Sewer Service Rates and Charges", Section (a) "Rates for sewer service", Subsection (4) "Volume", Subsection (e) "Computation of volume based on water purchased", Subsection (1) "Residential", is hereby amended and shall hereafter read as follows, to -wit: 111. Residential: The volume of sewage treated shall be based on 85 percent of the resident's water volume billed each month. However the maximum residential charge will be limited to... 35.00" 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, 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 5. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall be effective beginning business hours on October 1, 2006, pursuant to its passage and approval. PASSED AND APPROVED, this Pb day of , 2006. CITY OF LA PORTE By: Alton E. Mayor ' �A ATTEST: C/ maub-d' O&V M ha . Gillett City Secretary APPROVED: —7— �q Clark T. Askins Assistant City Attorney Utility Fund Rate Model Summary Typical Bill Current Proposed Average Bill Average Bill (5,000 colons) (5,000 Gallons)* Base Water 15.89 16.89 Base Sewer 15.75 17.25 Total 31.64 34.14 Lj *Average usage in La Porte is 4,205. 8/23/2006 10:34 AM 13 U9 R6 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 11, 2006 Requested By: Michael Dolby Department: Finance Report: Resolution: XX Ordinance: Exhibits: Certification from HCAD Exhibits: New Construction Report Exhibits: Property Tax Comparison/Certification Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION On September 5, 2006, the City of La Porte received the Certified Appraisal Roll from the Harris County Appraisal District. Section 26.04 of the State Property Tax Code requires the submission of the Appraisal Roll to the Governing Body. The 2005 Certified Tax Roll for the City of LaPorte, as received from the Harris County Appraisal District (HCAD), shows a total appraised value of $1,924,480,110 and a total taxable value of $1,546,206,563. The amount of property tax revenue generated for the General Fund is $9,305,612. This is $1,218,599 less than what was proposed based on the preliminary roll. An equivalent amount can be found in the "supplemental property tax revenue" line item. HCAD certified the property tax roll for 2006 at $1,546,206,563. This is 98% of the prior year. Action Required by Council: Approve Resolution for acceptance of the appraisal roll. Approved for City Council Agenda IT iq luj Debra B. Feazelle, ity Manager Date RESOLUTION NO. 06- 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 2006 APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT. WHEREAS, the Harris County Appraisal District has submitted to the City Council of the City of La Porte, for approval, the 2006 tax appraisal roll; and WHEREAS, the City Council is of the opinion that the 2006 appraisal roll with the amounts shown therein should be adopted; WHEREAS, the Harris County Appraisal District has certified to the City Council that there was situated in the City of La Porte, as of January 1, 2006, property with a total appraised value of $1,924,480,110 and a total taxable value of $1,546,206,563. WHEREAS, new personal property added to the appraisal roll had a total taxable value of $3,652,800 as of January 1, 2006; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, THAT: Section 1. the 2006 taxable roll in the amount of $1,546,206,563, as submitted by the Harris County Appraisal District is hereby adopted; 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 offices of City of La Porte for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the Wkday of �_ , 2006 CITY OF LAP E, TEXAS Alton Porter, Mayor . ATTEST: Martha Gillett, City Secretary APPROVED. nor Askins, City Attorney �- 6,9/. 72a� All Values are as of Certification Date for Each Year 2006 Classification Assessed Valuation Percent of Total 2005 Assessed Valuation Percent of Total Commercial & Industrial $523,441,581 33.85 % $492,232,876 31.27 % Residential $778,487,406 50.35% $767,381,666 48.75 % Utility & Pipelines $47,500,741 3.07% $44,662,867 2.84% Commercial & Industrial Acreage $13,042,434 0.84% $13,640,934 0.87% Residential Acreage $32,491,893 2.10% $27,983,788 1.78% Personal Property $151242508 9.78% $228,159670 14.49% Total... ....................................... $1,546,206,563 100.00% $1,574,061,801 100.00% Percentage of Increase over prior year -2% 0.72% New Construction Real Property $ 27,927,920 $ 15,071,989 Personal Property $ 3,652,800 $ 2,061,400 Industrial Property $ - $ - $31,580,720 $17,133,389 Current Year - Prior Year = Value Increase-$27,855,238 $11,316,091 Value Increase - New Construction = Actual Re-Valuation-$59,435,958-213.37%-$5,817,298 51.41 % 2004 2003 2002 2001 2000 Assessed Assessed Percent Assessed Percent Assessed Percent Assessed Percent Valuation Percent of Total Valuation of Total Valuation of Total Valuation of Total Valuation of Total $488,456,870 31.26% $498,411,630 33.51% $518,833,710 36.21% $612,405,280 42.89% $477,333,380 35.70% $769,699,370 49.25% $686,591,910 46.16% $661,629,760 46.18% $476,727,420 33.38% $546,367,220 40.86% $50,913,770 3.26% $49,644,140 3.34% $48,612,340 3.39% $72,148,570 5.05% $71,640,620 5.36% $15,709,170 1.01% $14,965,640 1.01 % $11,791,200 0.82% $12,662.230 0.89% $12,281,460 0.92% $31,160,150 1.99% $29,994,100 2.02% $17,092,300 1.19% $33,974,380 2.38% $32,231,070 2.41% $206,806,380 13.23% $207,792,630 13.97% $174,898,770 12.21% $220,070,610 15.41% $197,393,620 14.76% $1,562,745,710 100.00% $1,487,400,050 100.00% $1,432,858,080 100.00% $1,427,988,490 100.00% $1,337,247,270 100.00°!0 5.07% 3.81 % 0.34% 6.79% 8.36% $ 25,195,460 $ 26,803,350 $ 33,255,950 $ 46,660,375 $ 40,940,000 $ 919,200 $ 1,699,400 $ 2,548,000 $ 2,747,200 $ 2,783,400 $ 392,310 $ 443,300 $ 2,145,530 $ 30,094,350 $ 7,986,930 $26,506,970 $28,946,050 $37,949,480 $79,501,925 $51,710,330 $75,345,660 $54,541,970 $4,869,590 $90,741,220 $103,199,090 $48,838,690 -64.82% $25,595,920 46.93% -$33,079,890 -679.32% $11,239,295 12.39% $51,488,760 49.89% 071 Mailing Address: Office of the Chief Appraiser P.O. Box 920975 Houston, TX 77292-0975 August 31, 2006 Ms Katherine Powell Assessor Collector City of Laporte P O Box 1849 La Porte TX 77572-1849 Dear Ms. Powell: °��`"�re'` Harris County Appraisal District ��� 13013 Northwest Fwy, Houston, Texas '�..•y Information Center: (713)957-7800 wigp x"l aVod 81 9GOZ 9 d3S 03AI303*6 On August 30, 2006, the appraisal review board (ARB) approved the 2006 appraisal records under Sec. 41.12, Tax Code, thus making it possible for me to certify this year's appraisal roll to each taxing unit. As you are aware, while the Tax Code provides for approval of the appraisal records to occur on July 20, it also stipulates that the ARB cannot approve the records until no more than 5% of the total appraised value in the district remains under protest. This year we received nearly 240,000 value protests —a substantial increase over prior years. Implementation of HCAD's new computer system is complete. For 2006, real property and personal property (except utility and mineral accounts) were valued using the new software, and all property types are now being certified through the STI system. Approved & Certified Accounts As was the case in prior years, "approved" accounts on your certified roll include those on which no protest was filed, those on which a late protest was filed "without good cause" as determined by the ARB, and those on which a timely filed or "good cause" late protest has been determined or dismissed due to failure to appear for the protest hearing. Uncertified Accounts Your certified roll does not include the value of accounts still under protest; accounts on which the valuation is incomplete and notices have not been mailed; and properties which are either ready to notice or have been noticed and on which the 30-day protest period has not elapsed. Estimated values applicable to these accounts are summarized in the enclosed reports. Final certified values for properties in these categories will be included in later supplemental rolls as required by the Tax Code. Other Information Also included in your certification packet is a sheet titled "WHERE TO FIND." This sheet notes where to find information you will need to calculate your effective and rollback tax rates. The last page of your "CERTIFIED TO DATE" report includes a summary of average residential values in your unit, which is information required for your tax rate hearing notices. Please review the homestead exemption data in your printouts to ensure that we used the most current information on your exemption rates. Also, remember that homestead exemptions may be claimed up to one year after the delinquency date for the taxes on the homestead. This means that your tax base will be reduced by late applications filed during this extended application period. 071 August 31, 2006 Additional value loss may result from provisions in the Tax Code that allow for district court or arbitration appeal of ARB decisions, late protests, and corrections. Sincerely, � � o.Xf.MM�w• Jim Robinson, R.P.A. Chief Appraiser Enclosures 071 HARRIS COUNTY APPRAISAL DISTRICT HOUSTON, TEXAS THE STATE OF TEXAS,} COUNTY OF HARRIS. } 2006 CERTIFICATION OF APPRAISAL ROLL AND LISTING OF PROPERTIES UNDER SECS. 26.01(c) AND (d) FOR City of Laporte Pursuant to Section 26.01(a), Texas Tax Code, l hereby certify the 2006 appraisal roll of properties taxable by City of Laporte is attached. The total appraised value now on the appraisal roll for this unit is: $1,925,229,855 The taxable value now on the appraisal roll for this unit is: $1,546,206,563 As required by Section 26.01(c), Texas Tax Code, I have included in your printed roll a listing of those properties which are taxable by the unit but which are under protest and are therefore not included in the appraisal roll values approved by the appraisal review board and certified above. My estimate of the total taxable value which will be assigned to such properties if the owners' claims are upheld by the appraisal review board is: $86,176,735 Pursuant to Section 26.01(d), Texas Tax Code, a listing of taxable property not yet included on the certified appraisal roll is reported on the AV2800 form included in your certification material. Signed this 1 st day of September, 2006 Jim Robinson, R.P.A. Chief Appraiser ASSESSOR'S ACKNOWLEDGEMENT As tax assessor/collector of the above -named taxing unit, I hereby acknowledge receipt of the certified 2006 appraisal roll on this the day of 2006. Where to Find 2006 Tax Rate Calculation Data Comptroller Worksheet Description Source Line 2005 Total Taxable Value AV2120 Recap 1 Page 6 Losses due to 2005 Sec. 25.25(d) hearings AV2800 Line 10 2005 Taxable value of over-65 and disability homesteads with tax AV2120 Exemption 2 ceilings (school districts, counties, cities, and junior college districts) Recap 5 2005 taxable value lost because court appeals of ARB decisions AV2800 Line 8 reduced 2005 appraised value. 8 2005 taxable value lost because property first qualified for an AV2800 Line 3 exemption in 2006. 2005 taxable value lost because property first qualified for agricultural 9. appraisal (1-d or 1-d-1), timber appraisal, recreational/scenic AV2800 Line 4 appraisal or public access airport special appraisal in 2006. 5. ISD's Total 2006 taxable value on the 2006 certified appraisal roll today. AV2120 Page 6 16. Other districts 15B. ISD's Pollution control value exempted AV2800 Line 9 16C. Other districts 16A. ISD's 17A. Other districts 2006 taxable value of properties under protest Uncertified Summary 16B. ISD's 2006 estimated value of properties neither under protest nor included AV2800 Lines 13, 17B. Other districts on certified appraisal roll 14, 15, & 16 17. ISD's 2006 Taxable value of over-65 and disability homesteads with tax AV2800 Lines 5 & 6 18. Other districts ceilings (school districts, counties, cities, and junior college districts) 19. ISD's 2006 Taxable value of properties in territory annexed since January AV2800 Line 7 20. Other districts 1, 2005 20. ISD's 2006 Taxable value of new improvements, new personal property AV2800 Lines 1, 2 & 12 & Charles Stone 21. Other districts located in new improvements, and new improvements to land Memo kUnte: If your unit deannexed property after January 1, 2005, your assessor will need to determine the value lost due to annexation. Our computer system is unable to calculate deannexation value. We have reported the amount exempted as a result of the $500 personal property and mineral exemptions under line 3A of the AV2800 Report. You will find calculations of the average appraised and market values of homesteads on your roll recap. 071 Harris County Appraisal District 2006 Industrial New Construction Report TO: CITY OF LA PORTE FROM: CHARLES E. STONE, JR. SUBJECT: 2006 INDUSTRIAL NEW CONSTRUCTION VALUE FOR EFFECTIVE TAX RATE CALCULATION. DATE: SEPTEMBER 01, 2006 The Harris County Appraisal District has implemented new software for 2005 that now tracks new industrial real property construction on or to the land. The new improvements total shown on your certified appraisal roll includes industrial real property new construction and improvements to the land valtaes that are valued by both HCAD appraisers and contract appraisal firms. The values provided below are new personal property associated with real property new construction, new mineral lease and utility improvements to the land, and newly taxable previously abated value. If you have any questions, please call Gerald B. Gibson at (713) 957-5652. New Personal Property value associated with new real property construction in 2005 $0 New Mineral Lease and Utility Improvements to the land in 2005 $24,840 Taxable industrial Real and Personal Property previously abated in 2005 $0 TOTAL $24,840 Charles E. Stone. Jr.. Director Business and Industrial Property Division .....r»':',c:;'.r'..»......'..•k:r..».... .. ., ».. .. ..».. .. ».. .. .. :r :. .. .. ...... .. .. .. .. 'r �... .. .. '..•k:•': '.r' ., .,....»..'::r�»..»':'.r::......»'.::r'...,.. .. :c'rk�.. :; '.r': ., .. .c .. 'r :ram Harris County Appraisal District Certifed Roll LAST UPDATED: Av 2800 Data Summary For Jurisdiction 071 For Tax Year 2006 08/31/2006 »':'.r'ci:�:r'.r::rir:r�.r»..»:r'..»....»..........»»;r'.r:r'..:;icy:c:cic',...:c'.r'.».c.,'c:r�:c'r..»:c'.r..»»...,..»......»'.:k::'.c:.�:c:..»..�:r'.c:ct.t:r';:cr»:c': '.ram.. :r'.. »,. �:r �•k'.r :. 1. Real Property New Improvements value ........................... $27,927,920 2. Personal Property New Improvements value ....................... $3,652,800 3. Last Year Taxable value Becoming Exempt This Year .............. $9,863,819 A. Totally Exempt.......... $181,274 B. Partially Exempt........ $9,682,545 4. Last Year Taxable value Lost Due To New AG use This Year....... $0 A. Taxable value.......... $0 B. Productivity value..... $0 5. Current Year Taxable value Of Accounts with Tax Ceilings....... $40,146,247 A. Over-65 Homesteads.......... $33,545,480 B. Disabled Homesteads......... $6,600,767 6. Current Year Taxable value of Over-65 Homesteads Transferred to Surviving spouse...... $28,088 7. Current Year Taxable value Added by Annexations* Last Year..... $5,757,297 8. value Loss From Prior Year Lawsuits ............................ $8,310,000 A. Initial value.......... $28,260,000 B. Final value............ $19,950,000 J. TNRCC Pollution Control Exemption .............................. $1 10. Last Year Losses Due To Substantial Error Corrections......... $216,396 11. Current Year Appraised value Loss Due to Capped Accounts...... $16,915,872 12. New Improvements to the Land .................................. $0 13. Market value of Properties Not under Protest and Not Included on the Appraisal Roll Certification A. Preceding Year ....................................... $44,026,475 B. Current Year Estimated ............................... $150,398,798 14. Appraised value of Properties Not Under Protest and Not Included on the Appraisal Roll Certification ,,4 A. Preceding Year ....................................... $148,37676,554 B. Current Year Estimated ............................... 15. Exemption value of Properties Not Under Protest and Not Included on the Appraisal Roll Certification A. Preceding Year ....................................... $6,250,376 B. Current Year Estimated ............................... $8,532,974 16. Taxable value of Properties Not Under Protest and Not Included on the Appraisal Roll Certification A. Preceding Year ....................................... $33,353,608 B. Current Year Estimated ............................... $139,843,580 `Annexations may include property added to your jurisdiction as the result of boundary adjustments in the GIS system. For example, you may have gained a property that due to a previously unrecognized boundary error was not coded to you. certified Compare Report 2006 Appraisal Roll 071 CITY OF LAPORTE Property Use category Year Harris county Appraisal Di ct certified Roll Property Use Category Recap units Acreage Appraised Productivity Exemptions Page 1 of 5 Date 9/1/2006 Taxable value Al Real, Residential, 2006 9,217 2,365.00 $988,749,893 $0 $250,508,530 $738,241,363 single -Family 2005 10,134 2,738.00 $1,036,192,209 $0 $265,592,608 $770,599,601 -0.09% -0.14% -0.05% 0.001/. -0.06% -0.04% A2 Real, Residential, Mobile 2006 69 21.00 $1,662,930 $0 $270,544 $1,392,386 Homes 2005 104 37.00 $2,324,834 $0 $642,947 $1,681,887 -0.34% -0.43% -0.28% 0.00% -0.58% -0.17% B1 Real, Residential, 2006 23 56.00 $34,257,692 $0 $10,600 $34,247,092 Multi -Family 2005 28 67.00 $33,159,295 $0 $8,712 $33,150,583 -0.18% -0.16% 0.03% 0,00% 0.22% 0.03% B2 Real, Residential, 2006 56 10.00 $4,721,423 $0 $114,858 $4,606,565 Two -Family 2005 75 13.00 $5,807,125 $0 $179,584 $5,627,541 -0.25% -0.23% -0.19% 0.00% -0.36% -0.18% B3 Real, Residential, 2006 0 0.00 $0 $0 $0 $0 Three -Family 2005 0 0.00 $0 s0 $0 $0 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% B4 Real, Residential, Four- or 2006 0 0.00 $0 $0 $0 $0 More -Family 2005 0 0.00 $0 $0 $0 $0 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% C1 Real, vacant Lots/Tracts 2006 1,174 406.00 $15,223,379 $0 $116,443 $15,106,936 2005 1,410 531.00 $13,975,254 $0 $172,629 $13,802,625 -0.17% -0.24% 0.09% 0.00% -0.33% 0.09% C2 Real, vacant Commercial 2006 408 383.00 $13,045,559 $0 $3,125 $13,042,434 2005 474 449.00 $15,179,332 $0 $0 $15,179,332 -0.14% -0.15% -0.14% 0,00% 0.00% -0.14% 0 Real, vacant 2006 55 32.00 $782,167 $0 $4,685 $777,482 2005 42 43.00 $1,396,006 $0 $1,560 $1,394,446 0.31% -0.26% -0.44% 0.00% 2.00% -0.44% Certified " Compare Report Harris County Appraisal Dim'' ct 2006 Appraisal Roll Certified Roll 071 CITY OF LAPORTE Property Use Category Recap Property Use Category Year Units Acreage Appraised Productivity D1 Real, Qualified 2006 Agricultural Land 2005 D2 Real, Unqualified 2006 Agricultural Land 2005 E1 Real, Farm & Ranch Improved 2006 2005 F1 Real, commercial 2006 2005 F2 Real, Industrial 2006 2005 G1 Oil and Mineral Gas 2006 Reserves 2005 H1 Tangible, vehicles 2006 2005 it Real, Banks 2006 2005 i1 Real & Tangible Personal, 2006 Utility Water 2005 t Page 2 of 5 Date 9/1/2006 Exemptions Taxable value 33 230.00 $0 $749,745 $0 $749,745 51 1,054.00 $0 $268,079 $0 $268,079 -0.35% -0.78% 0.00% 1.80% 0.00% 1.80% 78 1,208.00 $15,878,201 $0 $20,471 $15,857,730 85 1,288,00 $17,314,026 $0 $20,470 $17,293,556 -0.08% -0.06% -0.08% 0.00% 0.00% -0.08% 0 0.00 $0 $0 $0 $0 1 1.00 $247,500 $0 $49,500 $198,000 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 500 740.00 $167,222,568 $0 $146,741 $167,075,827 566 774.00 $152,190,739 $0 $226,408 $151,964,331 -0.12% -0.04% 0.10% 0.00% -0.35% 0.10% 56 711.00 $369,412,254 $0 $13,046,500 $356,365,754 60 730.00 $380,493,881 $0 $14,098,260 $366,395,621 -0.07% -0.03% -0.03% 0.00% -0.07% -0.03% 0 0.00 $0 $0 $0 $0 0 0.00 $0 $0 $0 $0 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0 0.00 $0 $0 $0 $0 0 0.00 $0 $0 $0 $0 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0 0.00 $0 $0 $0 $0 0 0.00 $0 $0 $0 so 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0 0.00 $0 $0 $0 $0 0 0.00 $0 $0 $0 $0 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Certified ' ° Compare Report 2006 Appraisal Roll 071 CITY OF LAPORTE Property Use Category Year Harris County Appraisal Di -'I Ct Certified Roll Property Use Category Recap Units Acreage Appraised Productivity Exemptions Page 3 of 5 Date 9/1/2006 Taxable value 72 Gas Companies 2006 3 0.00 $2,144,675 $0 $0 $2,144,675 2005 3 0.00 $2,180,205 $0 $0 $2,180,205 0.00% 0.00% -0.02% 0.001/6 0.00% -0.02% 33 Electric companies 2006 33 97.00 $17,839,480 $0 $0 $17,839,480 2005 35 97.00 $24,884,335 $0 $0 $24,884,335 -0.06% 0.00% -0.28% 0.00% 0.00% -0.28% 34 Telephone Companies 2006 3 1.00 $7,492,946 $0 $0 $7,492,946 2005 3 1.00 $7,694,531 $0 $0 $7,694,531 0.00% 0.00% -0.03% 0.00% 0.00% -0.03% 75 Railroads 2006 26 162.00 S2,515,750 $0 $0 $2,515,750 2005 26 162.00 $2,468,870 $0 $0 $2,468,870 0.001% 0.00% 0.02% 0.00% 0.00% 0.02% 36 Pipelines 2006 169 0.00 $13,998,420 $0 $0 $13,998,420 2005 179 0.00 $13,834,780 $0 $0 $13,834,780 -0.06% 0.00% 0.01% 0.00% 0.00% 0.01% 77 Major cable Television 2006 1 0.00 $3,509,470 $0 SO $3,509,470 Systems 2005 1 0.00 $3,595,050 $0 $0 $3,595,050 0.00% 0.001/. -0.02% 0.00% 0.00% -0.02% L1 Tangible, Commercial 2006 481 0.00 $66,014,129 $0 $0 $66,014,129 2005 1,147 0.00 $113,621,200 $0 $2,769,110 $110,852,090 -0.58% 0.00% -0.42% 0.00% 0.00% -0.40% L2 Tangible, Industrial 2006 131 0.00 $85,318,541 $0 $4,020,025 $81,298,516 2005 204 0.00 $160,814,750 SO $17,619,670 $143,195,080 -0.36% 0.00% -0.47% 0.00% -0.77% -0.43% M1 Tangible, Nonbusiness 2006 0 0.00 $0 $0 $0 $o Watercraft 2005 0 0.00 $0 $0 SO $O 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% certified � Compare Report 2006 Appraisal Roll 071 CITY OF LAPORTE Property use category Harris County Appraisal Di' ct Certified Roll Property use Category Recap Year units Acreage Appraised Productivity M2 Tangible, Nonbusiness 2006 Aircrafts 2005 M3 Tangible, Mobile Homes 2006 2005 M4 Tangible, Miscellaneous 2006 2005 N1 Intangibles 2006 2005 of Inventory 2006 2005 o2 Inventory 2006 2005 u0 unknown 2006 2005 X0 Primarily charitable 2006 organization 2005 X1 Governmental Exempt 2006 2005 Page 4 of 5 Date 9/1/2006 Exemptions Taxable value 0 0.00 $0 $0 $0 $0 0 0.00 $0 $0 $0 $0 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 426 0.00 $5,041,780 $0 $1,158,002 $3,883,778 527 0.00 $6,555,490 $0 $1,559,420 $4,996,070 -0.19% 0.00% -0.23% 0.00% -0.26% -0.22% 0 0.00 $0 $0 $0 $0 0 0.00 $0 $0 $0 $0 0.00% 0.00% 0.00% 0,00% 0.00% 0.00% 0 0.00 $0 $0 $0 $0 0 0.00 $0 $0 $0 $0 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 13 3.00 $46,085 so $0 $46,085 73 21.00 $267,376 so $0 $267,376 -0.82% -0.86% -0.83% 0.00% 0.00% -0.83% 0 0.00 $0 $0 $0 so 0 0.00 $0 $0 $0 $0 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0 0.00 $0 $0 $0 $0 0 0.00 $0 $0 $0 $0 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0 0.00 $0 $0 $0 $0 0 0.00 $0 $0 $0 $0 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 712 1,679.00 $78,804,338 $0 $78,804,338 $0 791 1,701.00 $78,924,763 $0 $75,397,454 $3,527,309 -0.10% -0.011/. 0.00% 0.00% 0.05% 0.00% Certified Compare Report 2006 Appraisal Roll 071 CITY OF LAPORTE Property use Category Year Harris County Appraisal Dir- ct certified Roll Property use Category Recap units Acreage Appraised Productivity Exemptions Page 5 of 5 Date 9/1/2006 Taxable value X2 charitable Exempt 2006 22 19.00 $5,091,618 $0 $5,081,618 $0 2005 22 19.00 $5,066,584 $0 $5,066,584 $0 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% x3 Religious Exempt 2006 102 98.00 $25,713,842 $0 $25,713,842 $0 2005 104 102.00 $24,326,719 $0 $24,326,719 $0 -0.02% -0.04% 0.06% 0.00% 0.06% 0.00% x4 Cemetery Exempt 2006 4 2.00 $2,970 $0 $2,970 $0 2005 4 2.00 $2,970 $0 $2,970 $0 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% X5 Private school Exempt 2006 0 0.00 $0 $0 $0 $0 2005 0 0.00 $0 $0 $0 $0 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% X6 Youth Development Exempt 2006 0 0.00 $0 $0 $0 $0 2005 0 0.00 $0 $0 $0 $0 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% X7 Historical Exempt 2006 0 0.00 $0 $0 $0 $0 2005 0 0.00 $0 $0 $0 $0 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% X8 Miscellaneous Exempt 2006 0 0.00 $0 $0 $0 $0 2005 0 0.00 $0 $0 $0 $0 0.00% 0.00% 0.00% 0,00% 0.00% 0.00% X9 Low -Moderate income Housing 2006 0 0.00 $0 $0 $0 $0 2005 1 0.00 $115,300 $0 $0 $115,300 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Jurisdiction Totals: 2006 13,795 8,223.00 $1,924,480,110 $749,745 $379,023,292 $1,546,206,563 2005 16,150 9,830.00 $2,102,633,124 $268,079 $407,734,605 $1,695,166,598 certified Year Compare Exempt Report 2006 Appraisal Roll Jurisdiction 071 Type ABATEMENT CUSTOMS BOND DISABILITY HOMESTEAD FOREIGN TRADE ZONE FREEPORT GREEN COFFEE OR COCOA HISTORICAL EXEMPTION Harris County Appraisa' strict Certified Roll Exemption Recap Page 1 of 4 Date 8/31/2006 Year uints Acreage Appraised Exemptions 2006 1 0.00 $18,477,610 $9,238,810 2005 1 0.00 $20,163,180 $10,081,590 0.00% 0.00% -0.08% -0.08% 2006 0 0.00 $0 $0 2005 1 0.00 $717,570 $717,570 0.00% 0.00% 0.00% 0.00% 2006 251 86.00 $25,492,740 $13,839,009 2005 274 89.00 $26,612,013 $14,998,123 -0.08% -0.03% -0.04% -0.08% 2006 0 0.00 $0 $0 2005 0 0.00 $0 $0 0.00% 0.00% 0.00% 0.00% 2006 0 0.00 $0 $0 2005 0 0.00 $0 $0 0.00% 0.00% 0.00% 0.00% 2006 0 0.00 $0 $0 2005 0 0.00 $0 $0 0.00% 0.00% 0.00% 0.00% 2006 0 0.00 $0 $0 2005 0 0.00 $0 $0 0.00% 0.00% 0.00% 0.00% Harris County Appraisa strict Page 2 of 4 Certified Year Compare Exempt Report Certified Roll Exemption Recap 2006 Appraisal Roll Date 8/31/2006 Jurisdiction 071 Type Year Uints Acreage Appraised Exemptions INTERSTATE OR FOREIGN COMMERCE 2006 2005 OVER-65 HOMESTEAD 2006 2005 PARTIAL DISABILITY 2006 2005 PARTIAL HOMESTEAD 2006 2005 POLLUTION CONTROL 2006 2005 PRORATED EXEMPTION 2006 2005 PRORATED OVER-65 HOMESTEAD 2006 2005 5 0.00 $5,213,193 $4,020,025 7 0.00 $18,523,980 $16,900,900 -0.29% 0.00% -0.72% -0.76% 1,235 373.00 $125,494,480 $66,792,428 1,319 417.00 $126,748,609 $69,497,384 -0.06% -0.11% -0.01% -0.04% 6 4.00 $210,001 $19,785 8 5.00 $175,447 $0 -0.25% -0.20% 0.20% 0.00% 70 25.00 $838,765 $167,754 91 44.00 $1,184,637 $236,928 -0.23% -0.43% -0.29% -0.29% 3 9.00 $4,306,441 $3,828,161 3 9.00 $4,549,761 $4,037,140 0.00% 0.00% -0.05% -0.05% 0 0.00 $0 $0 9 0.00 $512,701 $247,813 0.00% 0.00% 0.00% 0.00% 15 2.00 $120,751 $0 17 3.00 $130,608 $0 -0.12% -0.33% -0.08% 0.00% B certified Year Compare Exempt Report 2006 Appraisal Roll ]urisdiction 071 Type RESIDENTIAL HOMESTEAD SOLAR EXEMPTION SURVIVING SPOUSE TOTAL EXEMPTION UNDER $500 EXEMPTION VET DISABILITY #1 10-30 PCT VET DISABILITY #1 31-50 PCT Harris county Appraisa" strict certified Roll Exemption Recap Page 3 of 4 Date 8/31/2006 Year uints Acreage Appraised Exemptions 2006 7,623 1939.00 $835,390,397 $167,232,907 2005 8,528 2,261.00 $893,480,725 $178,946,968 -0.11% -0.14% -0.07% -0.07% 2006 0 0.00 $0 $0 2005 0 0.00 $0 $0 0.00% 0.00% 0.00% 0.00% 2006 56 21.00 $5,739,896 $3,006,725 2005 66 24.00 $6,321,377 $3,431,365 -0.15% -0.13% -0.09% -0.12% 2006 844 1800.00 $109,795,405 $109,795,405 2005 942 1,815.00 $107,556,147 $107,556,147 -0.10% -0.011/. 0.02% 0.02% 2006 0 0.00 $0 $0 2005 32 0.00 $7,890 $7,890 0.00% 0.00% 0.00% 0.00% 2006 50 9.00 $5,744,309 $246,922 2005 54 10.00 $5,880,809 $266,922 -0.07% -0.10% -0.02% -0.07% 2006 15 2.00 $1,611,712 $112,500 2005 16 3.00 $1,614,568 $120,000 -0.06% -0.33% 0.00% -0.06% Certified Year Compare Exempt Report 2006 Appraisal Roll jurisdiction 071 Type Year VET DISABILITY #1 51-70 PCT 2006 2005 VET DISABILITY #1 71-100 PCT VET DISABILITY #2 10-30 PCT VET DISABILITY #2 31-50 PCT VET DISABILITY #2 51-70 PCT VET DISABILITY #2 71-100 PCT 2006 Z005 2006 2005 2006 2005 2006 2005 2006 2005 Harris County Appraisa' strict Certified Roll Exemption Recap uints 11 13 -0.15% 61 62 -0.02% 0 0 0.00% 0 0 0.00% 0 0 0.00% 1 1 0.00% Jurisdiction Totals: 2006 10,247 2005 11,444 Acreage 1.00 7.00 -0.86% 16.00 17.00 -0.06% 0.00 0.00 0.00% 0.00 0.00 0.00% 0.00 0.00 0.00% 0.00 0.00 0.00% 4287.00 4704.00 Appraised i Page 4 of 4 Date 8/31/2006 Exemptions $1,227,542 $100,000 $1,497,587 $120,000 -0.18% -0.17% $5,991,842 $610,861 $5,631,112 $555,865 0.06% 0.10% $0 $0 $0 $0 0.00% 0.00% $0 $0 $0 $0 0.00% 0.00% $0 $0 $0 S0 0.00% 0.00% $103,288 $12,000 $97,500 $12,000 0.06% 0.00% $1,145,758,372 $379,023,292 $1,221,406,221 $407,734,605 071 CITY OF LAPORTE TAX YEAR: 2006 PROPERTY USE CATEGORY UNITS HARRIS COUNTY APPRAISAL PROPERTY USE CATEGORY CERTIFIED ROLL ACREAGE MARKET DISTRICT RECAP APPRAISED PRODUCTIVITY LAST UPDATED: 08/31/2006 DELV DATE: 09/15/2006 EXEMPTIONS TAXABLE VALUE Al Real, Residential, single -Family 9,217 2365.00 1,001,690,734 988,749,893 0 250,508,530 738,241,363 A2 Real, Residential, Mobile Homes 69 21.00 1,743,287 1,662,930 0 270,544 1,392,386 81 Real, Residential, Multi -Family 23 56.00 34,263,345 34,257,692 0 10,600 34,247,092 B2 Real, Residential, Two -Family 56 10.00 4,866,831 4,721,423 0 114,858 4,606,565 B3 Real, Residential, Three -Family 0 0.00 0 0 0 0 0 B4 Real, Residential, Four- or More -Family 0 0.00 0 0 0 0 0 C1 Real, vacant Lots/Tracts 1,174 406.00 15,461,065 15,223,379 0 116,443 15,106,936 C2 Real, vacant Commercial 408 383.00 13,045,559 13,045,559 0 3,125 13,042,434 C3 Real, vacant 55 32.00 782,167 782,167 0 4,685 777,482 D1 Real, Qualified Agricultural Land 33 230.00 3,785,613 0 749,745 0 749,745 D2 Real, unqualified Agricultural Land 78 1208.00 15,878,201 15,878,201 0 20,471 15,857,730 E1 Real, Farm & Ranch Improved 0 0.00 0 0 0 0 0 F1 Real, Commercial 500 740.00 167,360,189 167,222,568 0 146,741 167,075,827 F2 Real, industrial 56 711.00 369,412,254 369,412,254 0 13,046,500 356,365,754 G1 Oil and Mineral Gas Reserves 0 0.00 0 0 0 0 0 H1 Tangible, vehicles 0 0.00 0 0 0 0 0 11 Real, Banks 0 0.00 0 0 0 0 0 71 Real & Tangible Personal, Utility water 0 0.00 0 0 0 0 0 ]2 Gas Companies 3 0.00 2,144,675 2,144,675 0 0 2,144,675 73 Electric Companies 33 97.00 17,839,480 17,839,480 0 0 17,839,480 ]4 Telephone Companies 3 1.00 7,492,946 7,492,946 0 0 7,492,946 75 Railroads 26 162.00 2,515,750 2,515,750 0 0 2,515,750 16 Pipelines 169 0.00 13,998,420 13,998,420 0 0 13,998,420 j7 Major cable Television systems 1 0.00 3,509,470 3,509,470 0 0 3,509,470 L1 Tangible, Commercial 481 0.00 66,014,129 66,014,129 0 0 66,014,129 071 CITY OF LAPORTE TAX YEAR: 2006 PROPERTY USE CATEGORY UNITS HARRIS COUNTY APPRAISAL PROPERTY USE CATEGORY CERTIFIED ROLL ACREAGE MARKET DISTRICT RECAP APPRAISED PRODUCTIVITY LAST UPDATED: 08/31/2006 DELV DATE: 09/15/2006 EXEMPTIONS TAXABLE VALUE L2 Tangible, Industrial 131 0.00 85,318,541 85,318,541 0 4,020,025 81,298,516 M1 Tangible, Nonbusiness watercraft 0 0.00 0 0 0 0 0 M2 Tangible, Nonbusiness Aircrafts 0 0.00 0 0 0 0 0 M3 Tangible, Mobile Homes 426 0.00 5,041,780 5,041,780 0 1,158,002 3,883,778 M4 Tangible, Miscellaneous 0 0.00 0 0 0 0 0 NI intangibles 0 0.00 0 0 0 0 0 01 Inventory 13 3.00 46,085 46,085 0 0 46,085 02 Inventory 0 0.00 0 0 0 0 0 uO unknown 0 0.00 0 0 0 0 0 XO Primarily Charitable Organization 0 0.00 0 0 0 0 0 X1 Governmental Exempt 712 1679.00 78,804,338 78,804,338 0 79,804,338 0 X2 Charitable Exempt 22 19.00 5,081,618 5,081,618 0 5,081,618 0 x3 Religious Exempt 102 98.00 25,713,842 25,713,842 0 25,713,842 0 x4 Cemetery Exempt 4 2.00 2,970 2,970 0 2,970 0 x5 Private School Exempt 0 0.00 0 0 0 0 0 X6 Youth Development Exempt 0 0.00 0 0 0 0 0 x7 Historical Exempt 0 0.00 0 0 0 0 0 X8 Miscellaneous Exempt 0 0.00 0 0 0 0 0 x9 Low -Moderate Income Housing 0 0.00 0 0 0 0 0 JURISDICTION TOTALS: 13,795 8,223 $1,941,813,289 $1,924,480,110 $749,745 $379,023,292 $1,546,206,563 071 CITY OF LAPORTE TAX YEAR: 2006 CLASSIFICATION 1D Real, Qualified Agricultural Land 1D1 Real, Qualified Agricultural Land TMBR Real, Qualified Agricultural Land JURISDICTION TOTALS: HARRIS COUNTY APPRAISAL DISTRICT LAST UPDATED: 08/31/2006 SPECIAL VALUATION RECAP DELV DATE: 09/15/2006 CERTIFIED ROLL UNITS ACREAGE MARKET PRODUCTIVITY TAXABLE 0 0.00 0 0 0 33 230.56 3,785,613 119,129 749,745 0 0.00 0 0 0 33 230.56 $3,785,613 $119,129 $749,745 071 CITY OF LAPORTE HARRIS COUNTY APPRAISAL DISTRICT LAST UPDATED: 08/31/2006 TAX YEAR: 2006 EXEMPTION RECAP DELV DATE: 09/15/2006 CERTIFIED ROLL EXEMPTION TYPE UNITS ACREAGE APPRAISED EXEMPTIONS ABT ABATEMENT 1 0.00 18,477,610 9,238,810 CBD CUSTOMS BOND 0 0.00 0 0 DIS DISABILITY 251 86.00 25,492,740 13,839,009 FPT FREEPORT 0 0.00 0 0 FTZ FOREIGN TRADE ZONE 0 0.00 0 0 GCC GREEN COFFEE OR COCOA 0 0.00 0 0 HIS HISTORICAL 0 0.00 0 0 IFC INTERSTATE OR FOREIGN COMMERCE 5 0.00 5,213,193 4,020,025 OVR OVER-65 1,235 373.00 125,494,480 66,792,428 PAR PARTIAL RESIDENTIAL HOMESTEAD 70 25.00 838,765 167,754 PDS PARTIAL DISABILITY 6 4.00 210,001 19,785 POL POLLUTION CONTROL 3 9.00 4,306,441 3,828,161 POV PARTIAL OVER-65 15 2.00 120,751 0 PRO PRORATED 0 0.00 0 0 RES RESIDENTIAL HOMESTEAD 7,623 1939.00 835,390,397 167,232,907 SOL SOLAR 0 0.00 0 0 SPC SPECIAL EXEMPTION 0 0.00 0 0 SSD SURVIVING SPOUSE DISABILITY 0 0.00 0 0 SUR SURVIVING SPOUSE OVER-65 56 21,00 5,739,896 3,006,725 TOT TOTAL 844 1900.00 109,795,405 109,795,405 UND UNDER $500 EXEMPTION 0 0.00 0 0 V11 VET DISABILITY #1 10-30 PCT 50 9,00 5,744,309 246,922 v12 VET DISABILITY #1 31-50 PCT 15 2.00 1,611,712 112,500 V13 VET DISABILITY #1 51-70 PCT 11 1.00 1,227,542 100,000 V14 VET DISABILITY #1 71-100 PCT 61 16.00 5,991,842 610,861 V21 VET DISABILITY #2 10-30 PCT 0 0.00 0 0 V22 VET DISABILITY #2 31-50 PCT 0 0.00 0 0 V23 VET DISABILITY #2 51-70 PCT 0 0.00 0 0 V24 VET DISABILITY #2 71-100 PCT 1 0.00 103,288 12,000 JURISDICTION TOTALS: 10,247 4287.00 $1,145,758,372 $379,023,292 071 CITY OF LAPORTE HARRIS COUNTY APPRAISAL DISTRICT LAST UPDATED: 08/31/2006 TAX YEAR: 2006 UNCERTIFIED ROLL SUMMARY DELV DATE: 09/15/2006 ESTIMATED FINAL TYPE UNITS APPRAISED OWNERS VALUE TAXABLE VALUE ACCOUNTS ON HTS 1,058 $113,502,230 $101,741,902 $86,176,735 ACCOUNTS ON PTS 685 $62,194,181 $49,235,157 $47,053,007 OTHER ACCOUNTS 641 $86,173,025 $71,920,514 $66,122,174 TOTAL UNCERTIFIED 2,384 $261,869,436 $222,897,573 $199,351,916 � 1 071 CITY OF LAPORTE HARRIS COUNTY APPRAISAL DISTRICT TAX YEAR: 2006 SUMMARY OF RESIDENTIAL HOMESTEADS SUBJECT TO 10% CAP CERTIFIED ROLL UNITS MARKET CAPPED i LAST UPDATED: 08/31/2006 DELV DATE: 09/15/2006 LOSS 1,366 $141,225,792 $127,678,226 $13,547,566 SUMMARY FOR AVERAGE RESIDENTIAL VALUES - Al & A2 UNITS MARKET APPRAISED(CAP) ALL RESIDENCES 9,286 TOTAL $1,003,434,021 $990,412,823 AVERAGE $108,058 $106,656 HOMESTEAD RESIDENCES 7,475 TOTAL $845,481,797 $832,488,017 AVERAGE $113,107 $111,369 TAXABLE $739,633,749 $79,650 $581,924,330 $77,849 HARRIS COUNTY APPRAISAL DISTRICT Page 1 of 1 TAX YEAR: 2006 STATE & LOCAL HOMESTEAD EXEMPTION RECAP LAST UPDATED: CERTIFIED ROLL DELV DATE: TYPE UNITS APPRAISED STATE MANDATED LOCAL OPTIONAL EXEMPTIONS TAX YEAR: 2006 071 CITY OF LAPORTE LAND USE CATEGORY ACREAGE 9001 - Irrigated Cropland 0.00 9005 - Dry Cropland 0.00 9009 - Native Pasture 124.38 9013 - Improved Pasture 90.27 9017 - Nursery 0.00 9021 - Greenhouse 0.00 9025 - Turf Grass 0.00 9029 - Catfish Farms 0.00 9033 - Exotic Animals 0.00 9037 - wildlife Management 0.00 9041 - TMB I - Pine 0.00 9045 - TMB II - Mixed 0.00 9049 - TMB III - Hardwood 0.00 9053 - 2 Yr Rotation 0.00 9057 - 3 Yr Rotation 0.00 9061 - Hay 15.93 9065 - Tree Nursery 0.00 9069 - Truck Farm 0.00 9073 - Orchard 0.00 9077 - special Timber 0.00 9100 - Agriculture Residual Land 0.00 1D Summary Totals: 0.00 1D1 summary Totals: 230.56 230.56 HARRIS COUNTY APPRAISAL DISTRICT AG/TIMBER PRODUCTIVITY SUMMARY REPORT CERTIFIED ROLL APPRAISED $0 $0 $640,311 $107,681 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,753 $0 $0 $0 $0 $0 $0 $749,745 $749,745 TOTAL VALUES: TOT. IMPROVEMENT (El): TOTAL TAXABLE PRODUCTIVITY $0 $0 $9,328 $108,048 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,753 $0 $0 $0 $0 $0 $0 $119,129 $119,129 $0 $119,129 MARKET $0 $0 $2,064,291 $1,499,799 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $221,523 $0 $0 $0 $0 $0 $0 $3,785,613 $3,785,613 Page 1 of I LAST UPDATED: 08/31/2006 DELV DATE: 09/15/2006 Reduction $0 Reduction $3,666,484 TOT. REDUCTION $3,666,484 071 CITY OF LAPORTE TAX YEAR: 2006 PROPERTY USE CATEGORY UNITS HARRIS COUNTY APPRAISAL DISTRICT PROPERTY USE CATEGORY RECAP UNCERTIFIED ROLL ACREAGE MARKET APPRAISED PRODUCTIVITY LAST UPDATED: 08/31/2006 DELV DATE: 09/15/2006 EXEMPTIONS TAXABLE VALUE Al Real, Residential, single -Family 1,042 340.00 112,888,944 109,628,444 0 19,845,517 89,782,927 A2 Real, Residential, Mobile Homes 33 11.00 832,404 813,933 0 151,158 662,775 B1 Real, Residential, Multi -Family 4 1.00 722,723 722,723 0 0 722,723 B2 Real, Residential, Two -Family 19 3.00 1,371,488 1,366,035 0 26,329 1,339,706 B3 Real, Residential, Three -Family 0 0.00 0 0 0 0 0 B4 Real, Residential, Four- or More -Family 0 0.00 0 0 0 0 0 C1 Real, vacant Lots/Tracts 190 100.00 3,326,047 3,244,198 0 118,923 3,125,275 c2 Real, Vacant Commercial 85 77.00 3,120,086 3,120,086 0 146 3,119,940 C3 Real, vacant 46 185.00 2,697,612 2,697,612 0 0 2,697,612 D1 Real, Qualified Agricultural Land 9 597.00 4,999,255 0 50,470 0 50,470 D2 Real, Unqualified Agricultural Land 10 93.00 1,719,365 1,719,365 0 0 1,719,365 E1 Real, Farm & Ranch Improved 0 0.00 0 0 0 0 0 F1 Real, Commercial 87 267.00 18,369,507 18,368,451 0 58,940 18,309,511 F2 Real, industrial 4 18.00 1,684,779 1,684,779 0 0 1,684,779 G1 oil and Mineral Gas Reserves 0 0.00 0 0 0 0 0 H1 Tangible, vehicles 0 0.00 0 0 0 0 0 11 Real, Banks 0 0.00 0 0 0 0 0 31 Real & Tangible Personal, Utility water 0 0.00 0 0 0 0 0 32 Gas Companies 0 0.00 0 0 0 0 0 33 Electric Companies 1 0.00 6,594,910 6,594,910 0 0 6,594,910 34 Telephone Companies 0 0.00 0 0 0 0 0 35 Railroads 0 0.00 0 0 0 0 0 36 Pipelines 10 0.00 101,350 101,350 0 0 101,350 37 Major Cable Television Systems 0 0.00 0 0 0 0 0 L1 Tangible, commercial 677 0.00 59,321,696 59,321,696 0 1,342,664 57,979,032 L2 Tangible, Industrial 60 0.00 46,379,689 46,379,689 0 1,783,616 44,596,073 M1 Tangible, Nonbusiness watercraft 0 0.00 0 0 0 0 0 071 CITY OF LAPORTE TAX YEAR: 2006 PROPERTY USE CATEGORY M2 Tangible, Nonbusiness Aircrafts M3 Tangible, Mobile Homes M4 Tangible, Miscellaneous N1 intangibles of Inventory 02 Inventory u0 unknown x0 Primarily Charitable organization X1 Governmental Exempt x2 Charitable Exempt X3 Religious Exempt X4 Cemetery Exempt x5 Private School Exempt X6 Youth Development Exempt X7 Historical Exempt x8 Miscellaneous Exempt X9 Low -Moderate Income Housing JURISDICTION TOTALS: HARRIS COUNTY APPRAISAL DISTRICT PROPERTY USE CATEGORY RECAP UNCERTIFIED ROLL UNITS ACREAGE MARKET APPRAISED 0 0.00 0 0 69 0.00 983,830 982,853 0 0.00 0 0 0 0.00 0 0 21 9.00 209,435 209,435 0 0.00 0 0 0 0.00 0 0 0 0.00 0 0 16 19.00 4,704,245 4,704,245 0 0.00 0 0 1 2.00 209,632 209,632 0 0.00 0 0 0 0.00 0 0 0 0.00 0 0 0 0.00 0 0 0 0.00 0 0 0 0.00 0 0 2,384 1,722 $270,236,997 $261,869,436 PRODUCTIVITY LAST UPDATED: 08/31/2006 DELV DATE: 09/15/2006 EXEMPTIONS TAXABLE VALUE 0 0 0 0 296,307 686,546 0 0 0 0 0 0 0 0 209,435 0 0 0 0 0 0 0 0 0 0 282,318 4,421,927 0 0 0 0 209,632 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $50,470 $24,115,550 $237,804,356 4 071 CITY OF LAPORTE HARRIS COUNTY APPRAISAL DISTRICT LAST UPDATED: 08/31/2006 TAX YEAR: 2006 SPECIAL VALUATION RECAP DELV DATE: 09/15/2006 UNCERTIFIED ROLL CLASSIFICATION UNITS ACREAGE MARKET PRODUCTIVITY TAXABLE 1D Real, Qualified Agricultural Land 0 0.00 $0 $0 $0 1D1 Real, Qualified Agricultural Land 9 597.54 $4,999,255 $50,492 $50,470 TMBR Real, Qualified Agricultural Land 0 0.00 $0 $0 $0 JURISDICTION TOTALS: 9 597.54 $4,999,255 $50,492 $50,470 071 CITY OF LAPORTE HARRIS COUNTY APPRAISAL DISTRICT LAST UPDATED: 08/31/2006 TAX YEAR: 2006 EXEMPTION RECAP DELV DATE: 09/15/2006 UNCERTIFIED ROLL EXEMPTION TYPE UNITS ACREAGE APPRAISED EXEMPTIONS ABT ABATEMENT 0 0.00 0 0 CBD CUSTOMS BOND 0 0.00 0 0 DIS DISABILITY 23 4.00 2,329,810 1,191,887 FPT FREEPORT 0 0.00 0 0 FTZ FOREIGN TRADE ZONE 0 0.00 0 0 GCC GREEN COFFEE OR COCOA 0 0.00 0 0 HIS HISTORICAL 0 0.00 0 0 IFC INTERSTATE OR FOREIGN COMMERCE 0 0.00 0 0 OVR OVER-65 90 38.00 8,563,073 4,317,461 PAR PARTIAL RESIDENTIAL HOMESTEAD 14 11.00 419,248 83,851 PDS PARTIAL DISABILITY 3 0.00 96,789 0 POL POLLUTION CONTROL 0 0.00 0 0 POV PARTIAL OVER-65 2 0.00 21,570 0 PRO PRORATED 1 0.00 3,125 146 RES RESIDENTIAL HOMESTEAD 701 227.00 72,812,308 14,533,421 SOL SOLAR 0 0.00 0 0 SPC SPECIAL EXEMPTION 0 0.00 0 0 SSD SURVIVING SPOUSE DISABILITY 1 0.00 133,374 0 SUR SURVIVING SPOUSE OVER-65 4 0.00 376,854 170,944 TOT TOTAL 82 12.00 3,756,340 3,756,340 UND UNDER $500 EXEMPTION 0 0.00 0 0 V11 VET DISABILITY 01 10-30 PCT 6 0.00 594,899 30,000 V12 VET DISABILITY #1 31-50 PCT 1 0.00 173,661 7,500 V13 VET DISABILITY #1 51-70 PCT 0 0.00 0 0 V14 VET DISABILITY #1 71-100 PCT 4 1.00 311,582 24,000 V21 VET DISABILITY #2 10-30 PCT 0 0.00 0 0 V22 VET DISABILITY #2 31-50 PCT 0 0.00 0 0 V23 VET DISABILITY #2 51-70 PCT 0 0.00 0 0 V24 VET DISABILITY #2 71-100 PCT 0 0.00 0 0 JURISDICTION TOTALS: 932 293.00 $89,592,633 $24,115,550 071 CITY OF LAPORTE HARRIS COUNTY APPRAISAL DISTRICT LAST UPDATED: 08/31/2006 TAX YEAR: 2006 SUMMARY OF RESIDENTIAL HOMESTEADS SUBJECT TO 10% CAP DELV DATE: 09/15/2006 UNCERTIFIED ROLL UNITS MARKET CAPPED LOSS 245 $27,267,378 $23,899,072 $3,368,306 SUMMARY FOR AVERAGE RESIDENTIAL VALUES - Al & A2 UNITS MARKET APPRAISED(CAP) TAXABLE ALL RESIDENCES 1,075 $110,442,377 $113,721,348 $90,445,702 $102,737 $105,787 $84,135 HOMESTEAD RESIDENCES 663 $75,010,192 $71,747,148 $51,913,083 $113,137 $108,215 $78,300 TAX YEAR: 2006 HARRIS COUNTY APPRAISAL DISTRICT STATE & LOCAL HOMESTEAD EXEMPTION RECAP UNCERTIFIED ROLL Page 1 of 1 LAST UPDATED: DELV DATE: TYPE UNITS APPRAISED STATE MANDATED LOCAL OPTIONAL EXEMPTIONS I TAX YEAR: 2006 071 CITY OF LAPORTE LAND USE CATEGORY 9001 - Irrigated Cropland 9005 - Dry Cropland 9009 - Native Pasture 9013 - Improved Pasture 9017 - Nursery 9021 - Greenhouse 9025 - Turf Grass 9029 - Catfish Farms 9033 - Exotic Animals 9037 - wildlife Management 9041 - TMB I - Pine 9045 - TMB II - Mixed 9049 - TMB III - Hardwood 9053 - 2 Yr Rotation 9057 - 3 Yr Rotation 9061 - Hay 9065 - Tree Nursery 9069 - Truck Farm 9073 - orchard 9077 - special Timber 9100 - Agriculture Residual Land 1D Summary Totals: 1D1 Summary Totals: TOTAL VALUES: HARRIS COUNTY APPRAISAL DISTRICT AG/TIMBER PRODUCTIVITY SUMMARY REPORT UNCERTIFIED ROLL ACREAGE APPRAISED PRODUCTIVITY MARKET 0.00 $0 $0 $0 0.00 $0 $0 $0 586.96 $44,022 $44,022 $4,863,656 3.63 $486 $508 $37,800 0.00 $0 $0 $0 0.00 $0 $0 $0 0.00 $0 $0 $0 0.00 $0 $0 $0 0.00 $0 $0 $0 0.00 $0 $0 $0 0.00 $0 $0 $0 0.00 $0 $0 $0 0.00 $0 $0 $0 0.00 $0 $0 $0 0.00 $0 $0 $0 7.11 $5,962 $5,962 $97,799 0.00 $0 $0 $0 0.00 $0 $0 $0 0.00 $0 $0 $0 0.00 $0 $0 $0 0.00 $0 $0 $0 0.00 597.70 597.70 $0 $50,470 $50,470 TOT. IMPROVEMENT (E1): TOTAL TAXABLE: $0 $50,492 $50,492 $0 $50,492 Page 1 of 1 LAST UPDATED: 08/31/2006 DELV DATE: 09/15/2006 $0 Reduction $4,999,255 Reduction $4,999,255 TOT REDUCTION: $0 $4,948,785 $4,948,785 Harris County Appra' 1 District Dealer Inv dry Report - PPT Q Page Number 1 � 071 CITY . PORTE Personal Property Listing Last Update 8/31/2006 Tax Year 2006 Delivery Date 09/15/2006 Totals - PPT Q Number of Records Prior Year Assessed value Current Year Assessed value 17 3,624,200 2,234,459 TAX YEAR: 2006 HARRIS COUNTY APPRAISAL DISTRICT AG/PRODUCTIVITY DETAIL REPORT CERTIFIED ROLL JUR CODE ACCOUNT OWNER PRIOR YEAR CURRENT YEAR 071 CITY OF LAPORTE 071 023-129-000-0003 STINNETT JAMES CLASS D1 D1 VALUE $526 $508 CAMA ACRES: 3.6253 ACREAGE 3.6253 3.6253 LAND VALUE: $3,208 071 023-129-000-0006 SIMPSON DERRELL WAYNE CLASS D1 01 VALUE $1,020 $985 CAMA ACRES: 7.0349 ACREAGE 7.0349 7.0349 LAND VALUE: $985 071 023-129-000-0007 SIMPSON DERRELL WAYNE CLASS D1 D1 VALUE $526 $508 CAMA ACRES: 3.6253 ACREAGE 3.6253 3.6253 LAND VALUE: $508 071 023-129-000-0041 SIMPSON DERRELL WAYNE CLASS D1 D1 VALUE $428 $413 CAMA ACRES: 2.9527 ACREAGE 2.9527 2.9527 LAND VALUE: $413 071 023-129-000-0046 STINNETT JAMES CLASS D1 D1 VALUE $503 $486 CAMA ACRES: 3.4825 ACREAGE 3.4825 3.4825 LAND VALUE: $14,646 071 023-130-000-0056 SCHICK KENNETH W TRUSTEE CLASS D1 D1 VALUE $854 $800 CAMA ACRES: 10.6600 ACREAGE 10.6600 10.6600 LAND VALUE: $800 LAST UPDATED: 08/31/2006 DELV DATE: 09/15/2006 Page 1 of 6 AG CODE ACREAGE APPR VALUE Harris improved Pasture 3.6300 $3,208 TOTALS: 3.6300 $3,208 Harris improved Pasture 7.0300 $985 TOTALS: 7.0300 $985 Harris Improved Pasture 3.6300 $508 TOTALS: 3.6300 $508 Harris Improved Pasture 2.9500 $413 TOTALS: 2.9500 $413 Harris Improved Pasture 3.4700 $14,646 TOTALS: 3.4700 $14,646 Harris Native Pasture 10.6700 $800 TOTALS: 10.6700 $800 TAX YEAR: 2006 HARRIS COUNTY APPRAISAL DISTRICT AG/PRODUCTIVITY DETAIL REPORT CERTIFIED ROLL 7UR CODE ACCOUNT OWNER PRIOR YEAR CURRENT YEAR 071 023-130-000-0059 CHAPMAN LAWRENCE B TRUSTEE CLASS D1 DI VALUE $518 $485 CAMA ACRES: 6.4732 ACREAGE 6.4732 6.4732 LAND VALUE: $485 071 023-130-000-0061 SCHICK KENNETH W TRUSTEE CLASS D1 D1 VALUE $517 $484 CAMA ACRES: 6.4580 ACREAGE 6.4580 6.4580 LAND VALUE: $484 071 023-130-000-0063 SCHICK KENNETH W TR CLASS D1 Dl VALUE $781 $732 CAMA ACRES: 9.7600 ACREAGE 9.7600 9.7600 LAND VALUE: $732 071 023-130-000-0088 SABIN PATRICIA SUE & ETAL CLASS D1 D1 VALUE $938 $892 CAMA ACRES: 9.1600 ACREAGE 9.1600 9.1600 LAND VALUE: $892 071 023-136-000-0403 DRUCKENBRODT ROBERT E & CLASS D1 D1 VALUE $580 $560 CAMA ACRES: 4.0000 ACREAGE 4.0000 4.0000 LAND VALUE: $560 071 OZ3-137-000-0288 COVINGTON PAUL D CLASS D1 D1 VALUE $780 $739 CAMA ACRES: 8.1200 ACREAGE 8.1200 8.1200 LAND VALUE: $739 LAST UPDATED: 08/31/2006 DELV DATE: 09/15/2006 Page 2 of 6 AG CODE ACREAGE APPR VALUE Harris Native Pasture 6.4700 $485 TOTALS: 6.4700 $485 Harris Native Pasture 6.4600 $484 TOTALS: 6.4600 $484 Harris Native Pasture 9.7600 $732 TOTALS: 9.7600 $732 Harris Native Pasture 6.0000 $450 Harris Improved Pasture 3.1600 $442 TOTALS: 9.1600 $892 Harris Improved Pasture 4.0000 $560 TOTALS: 4.0000 $560 Harris Native Pasture 6.1200 $459 Harris Improved Pasture 2.0000 $280 TOTALS: 8.1200 $739 TAX YEAR: 2006 7UR CODE ACCOUNT OWNER HARRIS COUNTY APPRAISAL DISTRICT AG/PRODUCTIVITY DETAIL REPORT CERTIFIED ROLL PRIOR YEAR CURRENT YEAR AG CODE LAST UPDATED: 08/31/2006 DELV DATE: 09/15/2006 Page 3 of 6 ACREAGE APPR VALUE 071 023-137-000-0303 ]ONES LEROY & ALOISIA CLASS Dl Dl Harris improved Pasture 5.3500 $749 VALUE $776 $749 LAMA ACRES: 5.3487 TOTALS: 5.3500 $749 ACREAGE 5.3487 5.3487 LAND VALUE: $749 071 023-137-000-0375 MAYNARD LAWRENCE & CLASS Dl D1 Harris Improved Pasture 2.9800 $417 VALUE $432 $417 CAMA ACRES: 2.9813 TOTALS: 2.9800 $417 ACREAGE 2.9813 2.9813 LAND VALUE: $417 071 023-139-000-0361 KNOX WAYNE & SHAWN CLASS D1 D1 Harris Improved Pasture 0.6800 $95 VALUE $98 $95 CAMA ACRES: 0.6790 ACREAGE 0.6790 0.6790 TOTALS: 0.6800 $95 LAND VALUE: $95 071 023-139-000-0380 KNOX WAYNE S & SHAWN R CLASS Dl D1 Harris Improved Pasture 9.2400 $77,610 VALUE $1,340 $1,294 CAMA ACRES: 9,2400 TOTALS: 9.2400 $77,610 ACREAGE 9.2400 9.2400 LAND VALUE: $77,610 071 023-140-000-0409 TAYLOR DEBRA R CLASS D1 Dl Harris Improved Pasture 8.4500 $1,183 VALUE $1,226 $1,183 CAMA ACRES: 8.4500 TOTALS: 8.4500 $1,183 ACREAGE 8.4500 8.4500 LAND VALUE: $1,183 071 023-140-000-0566 FALLS HARRY DAVID & DENISE CLASS D1 Dl Harris Native Pasture 4.5000 $338 VALUE $360 $338 CAMA ACRES: 4.4999 TOTALS: 4.5000 $338 ACREAGE 4.4999 4.4999 LAND VALUE: $338 TAX YEAR: 2006 JUR CODE ACCOUNT OWNER HARRIS COUNTY APPRAISAL DISTRICT AG/PRODUCTIVITY DETAIL REPORT CERTIFIED ROLL PRIOR YEAR CURRENT YEAR AG CODE LAST UPDATED: 08/31/2006 DELV DATE: 09/15/2006 Page 4 of 6 ACREAGE APPR VALUE 071 023-141-000-0509 ALLEN R NOLAN & LAUREN L CLASS D1 Dl Harris Native Pasture 2.5000 $188 VALUE $200 $188 CAMA ACRES: 2.5000 TOTALS: 2.5000 $188 ACREAGE 2.5000 2.5000 LAND VALUE: $188 071 023-141-000-0652 BERTRAM C B CLASS Dl Dl Harris Native Pasture 7.0000 $525 VALUE $560 $525 CAMA ACRES: 6.9999 ACREAGE 6.9999 6.9999 TOTALS: 7.0000 $525 LAND VALUE: $52S 071 024-063-020-0001 BCARTER MATTIE K TRUST CLASS D1 D1 Harris Improved Pasture 12.6300 $1,768 VALUE $1,831 $1,768 LAMA ACRES: 12.6263 TOTALS: 12.6300 $1,768 ACREAGE 12.6263 12.6263 LAND VALUE: $1,768 071 024-065-026-0001 CARTER MATTIE K TRUST CLASS D1 D1 Harris Improved Pasture 2.3000 $2,559 VALUE $333 $321 CAMA ACRES: 2.2957 TOTALS: 2.3000 $2,559 ACREAGE 2.2957 2.2957 LAND VALUE: $2,559 071 024-065-035-0001 CARTER MATTIE K TRUST CLASS D1 D1 Harris Improved Pasture 2.3000 $321 VALUE $333 $321 CAMA ACRES: 2.2957 TOTALS: 2.3000 $321 ACREAGE 2.2957 2.2957 LAND VALUE: $321 071 024-065-036-0001 CARTER MATTIE K TRUST CLASS D1 D1 Harris Native Pasture 10.0000 $750 LAMA ACRES: 12.6263 VALUE $1,181 $1,118 Harris Improved Pasture 2.6300 $368 ACREAGE 12.6263 12.6263 LAND VALUE: $1,118 TOTALS: 12.6300 $1,118 TAX YEAR: 2006 HARRIS COUNTY APPRAISAL DISTRICT AG/PRODUCTIVITY DETAIL REPORT CERTIFIED ROLL JUR CODE ACCOUNT OWNER PRIOR YEAR CURRENT YEAR 071 024-072-056-0001 CARTER MATTIE K TRUST CLASS Dl Dl VALUE $180 $174 CAMA ACRES: 1.2397 ACREAGE 1.2397 1.2397 LAND VALUE: $174 071 024-073-062-0001 CARTER MATTIE K TRUST CLASS D1 D1 VALUE $333 $321 CAMA ACRES: 2.2957 ACREAGE 2.2957 2.2957 LAND VALUE: $321 071 024-073-070-0001 CARTER COLEMAN & CLASS D1 D1 VALUE $333 $321 CAMA ACRES: 2.2957 ACREAGE 2.2957 2.2957 LAND VALUE: $321 071 024-074-072-0002 CARTER MATTIE TRUST CLASS D1 Dl VALUE $334 $319 CAMA ACRES: 2.9004 ACREAGE 2.9004 2.9004 LAND VALUE: $319 071 040-244-003-0021 65 LAPORTE LTD CLASS D1 D1 VALUE $2,226 $0 CAMA ACRES: 27.8200 ACREAGE 27.8200 27.8200 LAND VALUE: $462,802 071 040-244-003-0026 65 LAPORTE LTD CLASS D1 D1 VALUE $726 $0 CAMA ACRES: 9.0800 ACREAGE 9.0800 9.0800 LAND VALUE: $170,581 LAST UPDATED: 08/31/2006 DELV DATE: 09/15/2006 Page 5 of 6 AG CODE ACREAGE APPR VALUE Harris Improved Pasture 1.2400 $174 TOTALS: 1.2400 $174 Harris Improved Pasture 2.3000 $321 TOTALS: 2.3000 $321 Harris improved Pasture 2.3000 $321 TOTALS: 2.3000 $321 Harris Hay 2.9000 $319 TOTALS: 2.9000 $319 Harris Native Pasture 27.8200 $2,086 TOTALS: 27.8200 $2,086 Harris Native Pasture 9.0800 $681 TOTALS: 9.0800 $681 TAX YEAR: 2006 HARRIS COUNTY APPRAISAL DISTRICT LAST UPDATED: 08/31/2006 AG/PRODUCTIVITY DETAIL REPORT DELV DATE: 09/15/2006 CERTIFIED ROLL Page 6 of 6 3UR CODE ACCOUNT OWNER PRIOR YEAR CURRENT YEAR AG CODE ACREAGE APPR VALUE 071 064-222-000-0065 DOW HYDROCARBONS & CLASS D1 D1 Harris Native Pasture 18.0000 $1,350 VALUE $1,440 $1,350 CAMA ACRES: 18.0000 TOTALS: 18.0000 $1,350 ACREAGE 18.0000 18.0000 LAND VALUE: $1,350 071 117-658-001-0001 KOENIG MICHELLE D CLASS D1 D1 Harris Hay 13.0300 $1,434 VALUE $1,288 $1,434 CAMA ACRES: 13.0338 TOTALS: 13.0300 $1,434 ACREAGE 13.0338 13.0338 LAND VALUE: $1,434 071 117-873-001-0006 BASS GARY D & ROBIN S CLASS D1 D1 Harris Improved Pasture 8.0000 $1,120 VALUE $1,160 $1,120 CAMA ACRES: 8.0000 ACREAGE 8.0000 8.0000 TOTALS: 8.0000 $1,120 LAND VALUE: $1,120 JURISDICTION TOTALS: TOTAL ACCOUNTS: 33 TOTAL ACRES: 230.5600 TOTAL PRODUCTIVITY VALUE: $749,745 END OF REPORT f TAX YEAR: 2006 JUR CODE ACCOUNT OWNER HARRIS COUNTY APPRAISAL DISTRICT AG/PRODUCTIVITY DETAIL REPORT UNCERTIFIED ROLL PRIOR YEAR CURRENT YEAR AG CODE Page 1 of 2 LAST UPDATED: 08/31/2006 DELV DATE: 09/15/2006 ACREAGE PROD VALUE 071 CITY OF LAPORTE 071 023-129-000-0008 MCBRIDE MARK & KATHLEEN CLASS D1 D1 Harris Native Pasture 3.6300 $272 VALUE $290 $272 CAMA ACRES: 3.6253 TOTALS: 3.6300 $272 ACREAGE 3.6253 3.6253 LAND VALUE: $272 071 023-129-000-0038 MCBRIDE MARK & KATHLEEN CLASS D1 D1 Harris Native Pasture 3.4700 $260 VALUE $290 $260 LAMA ACRES: 3.4711 ACREAGE 3.4711 3.4711 TOTALS: 3.4700 $260 LAND VALUE: $260 071 023-129-000-0039 MCBRIDE MARK & KATHLEEN CLASS D1 D1 Harris Native Pasture 3.2400 $243 VALUE $266 $243 CAMA ACRES: 3.2396 ACREAGE 3.2396 3.2396 TOTALS: 3.2400 $243 LAND VALUE: $243 071 023-129-000-0040 SIMPSON DERRELL WAYNE CLASS D1 Dl Harris Improved Pasture 3.6300 $508 VALUE $526 $486 CAMA ACRES: 3.4711 TOTALS: 3.6300 $508 ACREAGE 3.4711 3.4711 LAND VALUE: $486 071 023-141-000-0433 DICKENS DARELL M & JOYCE CLASS D1 Dl Harris Hay 7.1100 $5,962 VALUE $818 $782 CAMA ACRES: 7.1099 TOTALS: 7.1100 $5,962 ACREAGE 7.1099 7.1099 LAND VALUE: $5,962 071 040-174-000-0005 UNION PACIFIC RR CO CLASS Dl Dl Harris Native Pasture 77.0100 $5,776 VALUE $6,161 $5,776 CAMA ACRES: 77.0100 TOTALS: 77.0100 $5,776 ACREAGE 77.0100 77.0100 LAND VALUE: $5,776 i TAX YEAR: 2006 HARRIS COUNTY APPRAISAL DISTRICT AG/PRODUCTIVITY DETAIL REPORT UNCERTIFIED ROLL 7UR CODE ACCOUNT OWNER PRIOR YEAR CURRENT YEAR 071 040-179-000-0011 SENS ROAD PROPERTIES LTD CLASS D1 D1 CAMA ACRES: 16.6000 VALUE $1,328 $1,245 LAND VALUE: $1,245 ACREAGE 16.6000 16.6000 Page 2 of 2 LAST UPDATED: 08/31/2006 DELV DATE: 09/15/2006 AG CODE ACREAGE PROD VALUE Harris Native Pasture 16.6000 $1,245 TOTALS: 16.6000 $1,245 071 040-179-000-0035 SENS ROAD PROPERTIES LTD CLASS D1 01 Harris Native Pasture 14.2100 $1,066 CAMA ACRES: 14.2100 VALUE $1,137 $1,066 TOTALS: 14.2100 $1,066 LAND VALUE: $1,066 ACREAGE 14.2100 14.2100 071 044-051-000-0001 PPG INDUSTRIES INC CLASS D1 D1 Harris Native Pasture 468.8000 $35,160 VALUE $37,504 $35,160 CAMA ACRES: 468.8000 ACREAGE 468.8000 468.8000 TOTALS: 468.8000 $35,160 LAND VALUE: $35,160 JURISDICTION TOTALS: TOTAL ACCOUNTS: 9 TOTAL ACRES: 597.5370 TOTAL PRODUCTIVTY VALUE: $50,470 END OF REPORT 071 J '�r d Harris County Appraisal District Mailing Address: Q 13013 Northwest Fwy, Houston, Texas Office of the Chief Appraiser' Information Center: (713)957-7800 P.O. Box 920975 Houston, TX 77292-0975 Preliminary Report of Appraised & Taxable Values (Prior to Hearings) Tax Year 2006 May 21, 2006 HONORABLE ALTON PORTER MAYOR CITY OF LAPORTE 604 W FAIRMONT PKWY LA PORTE TX 77571-6215 1� �u�I1'1�1: a]:49- Lt_ ' JUN 12 006 La Porte Tex Office This preliminary information on appraised and taxable values for 2006 may be useful to you for planning purposes. This data does not take potential protest hearing, late exemption and ag-use application, or correction motion value loss into account. Your final 2006 values will be lower than the numbers listed below. Initial Appraised Value $ 2,215,184,235 (excluding Mineral Category G and Utility Personal Property Category J) Initial Taxable Value $ 1,820,944,912 (excluding Mineral Category G and Utility Personal Property Category J) The attached recap report summarizes your preliminary 2006 data. Valuation is currently incomplete on mineral accounts, personal property category J and category L. Accordingly, 2006 values listed for these categories are incomplete. Our best estimate of your 2006 utility Personal Property Category J values from Capitol Appraisal Group will be made available to you when valuation is complete. Preliminary 2006 personal property data Category G, Personal Property Category J and the remainder of Category L values will be made available when valuation is complete. The appraisal review board begins holding 2006 hearings on May 30. To assist you in estimating value loss due to hearings, we will periodically prepare a series of printouts that will be furnished to your tax assessor. Upon the filing of a protest or a correction motion, the appraisal review board will normally hear and determine the matter. If the board determines a value reduction is warranted, that determination will be reflected either in the certified roll or in a subsequent correction roll. Most protests are determined before the appraisal roll is certified and their results will be reflected in the certified roll. However, the law permits a variety of late protests and correction motions that may result in changes to your 2006 values for many years to come. 071 Preliminary Report of Appraised Value Prior to Hearings For Tax Year 2006 Page 2 As you know, a number of circumstances may result in further reduction of your values: Late -filed exemption applications. While in most circumstances property owners must apply for the exemption prior to April 30, the law provides for a variety of late -filing exemptions. These can result in reductions not reflected in this estimate. For example, if your jurisdiction grants the freeport exemption, you should be aware that a property owner can apply for the exemption at any time prior to the date the appraisal review board approves the appraisal records. A more common situation involves residence homestead exemptions. A person can apply for a residence homestead exemption until one year after the delinquency date for the year in question. Consequently, residence homestead exemptions for 2006 can be claimed at any time prior to February 1, 2008. Over-65 and disability exemptions for the year can be claimed up to one year after the date the person or the property first qualified for exemption, and the exemption will apply for the entire year. Application for special agricultural or timber valuation can be filed until the date the ARB approves the appraisal records. Results of appeals of appraisal review board decisions. A property owner who disagrees with an ARB determination on a protest or correction motion may appeal the decision to the district court, or in some cases through binding arbitration. Depending on the complexity of the litigation, resolution may take several years. If the court reduces the owner's appraised value or grants an exemption, the result will be certified to the jurisdiction within 30 days of the date the judgment is entered. Please do not hesitate to contact me or your jurisdiction coordinator if you have questions regarding this information or other matters affecting appraisal district operations,. With kindest regards, Jim Robinson, R.P.A. Chief Appraiser c: Tax Assessor Jurisdiction Coordinator 071 CITY OF LAPORTE Harris County Appraisal District Last Updateu_ j5/24/2006 2006 APPRAISAL ROLL Preliminary Roll PROPERTY USE CATEGORY YEAR UNITS ACREAGE APPRAISED PRODUCTIVITY EXEMPTIONS TAXABLE VALUE Al Real, Residential, Single -Family 2006 10,247 2,703 $1,103,032,410 $0 $266,580,886 $836,451,524 2005 10,157 2,742 $1,038,345,147 $0 $264,273,684 $774,071,463 101% 99% 106% 0% 101% 108% A2 Real, Residential, Mobile Homes 2006 102 33 $2,310,527 $0 $455,878 $1,854,649 2005 104 37 $2,327,895 $0 $643,560 $1,684,335 98% 89% 99% 0% 71% 110% B1 Real, Residential, Multi -Family 2006 28 80 $44,583,257 $0 $13,886 $44,569,371 2005 28 67 $33,159,295 $0 $8,712 $33,150,583 100% 119% 134% 0% 159% 134% B2 Real, Residential, Two -Family 2006 75 13 $6,088,711 $0 $142,126 $5,946,585 2005 75 13 $5,807,125 $0 $179,583 $5,627,542 100% 100% 105% 0% 79% 106% B3 Real, Residential, Three -Family 2006 0 0 $0 $0 $0 $0 2005 0 0 $0 $0 $0 $0 0% 0% 0% 0% 0% 0% B4 Real, Residential, Four- or 2006 0 0 $0 $0 $0 $0 More -Family 2005 0 0 $0 $0 $0 $0 0% 0% 0% 0% 0% 0% C1 Real, vacant Lots/Tracts 2006 1,372 511 $19,824,153 $0 $159,653 $19,664,500 2005 1,423 536 $14,277,136 $0 $150,750 $14,126,386 96% 95% 139% 0% 106% 139% C2 Real, vacant commercial 2006 495 462 $17,164,804 $0 $0 $17,164,804 2005 484 457 $15,473,633 $0 $0 $15,473,633 102% 101% 111% 0% 0% 111% 0 Real, vacant 2006 99 44 $1,420,878 $0 $35,777 $1,385,101 2005 45 43 $1,337,319 $0 $1,560 $1,335,759 220% 102% 106% 0% 2,293% 104% D1 Real, Qualified Agricultural Land 2006 46 1,026 $0 $3,145,100 $0 $3,145,100 2005 52 1,261 $0 $284,744 $0 $284,744 88% 81% 0% 1,105% 0% 1,105% D2 Real, Unqualified Agricultural Land 2006 87 1,276 $18,445,528 $0 $30,925 $18,414,603 2005 86 1,331 $17,682,734 $0 $20,470 $17,662,264 101% 96% 104% 0% 151% 104% E1 Real, Farm & Ranch Improved 2006 0 0 $0 $0 $0 $0 2005 0 0 $0 $0 $0 $0 0% 0% 0% 0% 0% 0% 071 CITY OF LAPORTE Harris County ,vpraisal District Last Updates 5/24/2006 2006 APPRAISAL ROLL Preliminary Roll PROPERTY USE CATEGORY YEAR UNITS ACREAGE APPRAISED PRODUCTIVITY EXEMPTIONS TAXABLE VALUE F1 Real, commercial Z006 587 1,009 $203,783,796 $0 $180,728 $203,603,068 2005 570 776 $152,734,911 $0 $194,979 $152,539,932 103% 130% 133% 0% 93% 133% F2 Real, Industrial 2006 60 730 $379,855,8Z4 $0 $13,8Z1,140 $366,034,684 2005 60 886 $380,493,881 $0 $14,098,260 $366,395,621 100% 82% 100% 0% 98% 100% G1 Oil and Mineral Gas Reserves 2006 0 0 $0 $0 $0 $0 2005 0 0 $0 $0 $0 $0 0% 0% 0% 0% 0% 0% H1 Tangible, vehicles 2006 0 0 $0 $0 $0 $0 2005 0 0 $0 $0 $0 $0 0% 0% 0% 0% 0% 01/0 11 Real, Banks 2006 0 0 $0 $0 $0 $0 2005 0 0 $0 $0 $0 $0 0% 0% 0% 0% 0% 0% 31 Real & Tangible Personal, Utility 2006 0 0 $0 $0 $0 $0 water 2005 0 0 $0 $0 $0 $0 0% 0% 0% 0% 0% 0% 32 Gas companies 2006 3 0 $3,005 $0 $0 $3,005 2005 3 4 $2,180,205 $0 $0 $2,180,205 100% 0% 0% 0% 0% 0% 33 Electric companies 2006 35 97 $3,066,190 $0 $0 $3,066,190 2005 35 97 $24,884,335 $0 $0 $24,884,335 100% 100% 12% 0% 0% 12% 34 Telephone companies 2006 3 1 $247,076 $0 $0 $247,076 2005 3 1 $7,694,531 $0 $0 $7,694,531 100% 100% 3% 0% 0% 3% 35 Railroads 2006 26 16Z $0 $0 $0 $0 2005 Z6 162 $2,468,870 $0 $0 $2,468,870 100% 100% 0% 0% 0% 0% 36 Pipelines 2006 179 0 $0 $0 $0 $0 2005 179 0 $13,834,780 $0 $0 $13,834,780 100% 0% 0% 0% 0% 0% 37 Major cable Television systems 2006 1 0 $0 $0 $0 $0 2005 1 0 $3,595,050 $0 $0 $3,595,050 100% 0% 0% 0% 0% 0% 071 CITY OF LAPORTE Harris County ,ppraisal District Last Updates 5/24/2006 2006 APPRAISAL ROLL Preliminary Roll PROPERTY USE CATEGORY YEAR UNITS ACREAGE APPRAISED PRODUCTIVITY EXEMPTIONS TAXABLE VALUE L1 Tangible, commercial 2006 1,129 0 $89,474,695 $0 $0 $89,474,695 2005 1,203 0 $113,662,940 $0 $0 $113,662,940 94% 0% 79% 0% 0% 81% L2 Tangible, industrial 2006 199 0 $208,999,660 $0 $4,158,650 $204,841,010 2005 204 0 $160,816,511 $0 $0 $160,816,511 98% 0% 130% 0% 0% 143% M1 Tangible, Nonbusiness watercraft 2006 0 0 $0 $0 $0 $0 2005 0 0 $0 $0 $0 $0 0% 0% 0% 0% 0% 0% M2 Tangible, Nonbusiness Aircrafts 2006 0 0 $0 $0 $0 $0 2005 0 0 $0 $0 $0 $0 0% 0% 0% 0% 0% 0% M3 Tangible, Mobile Homes 2006 516 0 $6,339,100 $0 $1,466,306 $4,872,794 2005 528 0 $6,584,510 $0 $0 $6,584,510 98% 0% 96% 0% 0% 96% M4 Tangible, Miscellaneous 2006 0 0 $0 $0 $0 $0 2005 0 0 $0 $0 $0 $O 0% 0% 0% 0% 0% 0% N1 Intangibles 2006 0 0 $0 $0 $0 $0 2005 0 0 $0 $0 $0 $0 0% 0% 0% 0% 0% 0% 01 inventory 2006 34 12 $206,153 $0 $0 $206,153 2005 73 21 $267,376 $0 $0 $267,376 47% 57% 77% 0% 0% 77% 02 Inventory 2006 0 0 $0 $0 $0 $0 2005 0 0 $0 $0 $0 $0 0% 0% 0% 0% 0% 0% UO Unknown 2006 0 0 $0 $0 $0 $0 2005 0 0 $0 $0 $0 $0 0% 0% 0% 0% 0% 0% xO Primarily charitable organization 2006 0 0 $0 $0 $0 $0 2005 0 0 $0 $0 $0 $0 0% 0% 0% 0% 0% 0% X1 Governmental Exempt 2006 733 1,689 $79,330,406 $0 $79,330,406 $0 2005 740 1,922 $75,536,754 $0 $75,493,133 $43,621 99% 88% 105% 0% 105% 0% 071 CITY OF LAPORTE Harris County Lvpraisal District Last updates ,5/24/2006 2006 APPRAISAL ROLL Preliminary Roll PROPERTY USE CATEGORY YEAR UNITS ACREAGE APPRAISED PRODUCTIVITY EXEMPTIONS TAXABLE VALUE X2 charitable Exempt 2006 22 19 $5,081,618 $0 $5,081,618 $0 2005 22 19 $5,066,584 $0 $5,066,584 $0 100% 100% 100% 0% 100% 0% X3 Religious Exempt 2006 103 101 $25,923,474 $0 $25,923,474 $0 2005 104 102 $24,326,719 $0 $24,326,719 $0 99% 99% 107% 0% 107% 0% X4 Cemetery Exempt 2006 4 2 $2,970 $0 $2,970 $0 2005 4 2 $2,970 $0 $2,970 $0 100% 100% 100% 0% 100% 0% X5 Private School Exempt 2006 0 0 $0 $0 $0 $0 2005 0 0 $0 $0 $0 $0 0% 0% 0% 0% 0% 0% X6 Youth Development Exempt 2006 0 0 $0 $0 $0 $0 2005 0 0 $0 $0 $0 $0 0% 0% 0% 01y. 0% 0% X7 Historical Exempt 2006 0 0 $0 $0 $0 $0 2005 0 0 $0 $0 $0 $0 0% 0% 0% 0% 0% 0% X8 Miscellaneous Exempt 2006 0 0 $0 $0 $0 $0 2005 0 0 $0 $0 $0 $0 0% 0% 0% 0% 0% 0% X9 Low -Moderate Income Housing 2006 0 0 $0 $0 $0 $0 2005 0 0 $0 $0 $0 $0 0% 0% 0% 0% 0% 0% 2006 Totals: 16,185 9,970.00 $2,215,184,235 $3,145,100 $397,384,423 $1,820,944,912 2005 Totals: 16,209 10,479.00 $2,102,561,211 $284,744 $384,460,964 $1,718,384,991 19 REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 11, 2006 Requested By: Michael Dolby Department: Finance Report: Resolution: Ordinance: XX Exhibits: Exhibits: Exhibits: Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION The Fiscal Year 2006-07 Budget was built around a tax rate of 71 cents per hundred dollar valuation. A breakdown of the tax rate is as follows: General Fund = .611 cents per hundred dollar valuation Debt Service = .099 cents per hundred dollar valuation The tax rate of 71 cents is the same rate that has been adopted for the last seventeen years. The Effective Tax Rate = .722 cents per hundred dollar valuation, which is the maximum rate without advertisements and a public hearing. Action Required by Council: Approve Ordinance establishing the tax rate for Fiscal Year 2006-07 at 71 cents per hundred dollar valuation. Approved for City Council Agenda Debra B. Peazelle, City Wanage Date ORDINANCE NO. 06-_ AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE; FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS HELD; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE Section 1. That there is hereby levied for the fiscal year beginning October 1, 2006, and ending September 30, 2007, on all real property situated and all personal property owned within the taxable limits of the said City of La Porte, on the first day of January, 2007, except so much as may be exempt under the constitution and laws of the United States, this State, and the City of La Porte, the following taxes: (1) An Ad Valorem Tax of and at the rate of sixty-one cents ($.611) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States for the current expenses for the support, maintenance, and improvement of the City Government of said City of La Porte; and (2) An Ad Valorem Tax of and at the rate of nine cents ($.099) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States, to pay current interest on and provide one year's sinking fund and to pay all of the Principal and Interest accruing on all outstanding general obligation bonds and certificates of obligation lawfully issued by the City of La Porte. That this provides the sum of total Ad Valorem tax at the rate of seventy-one cents ($.71) on the one hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States. Section 2. All property upon which a rate of taxation is hereinabove levied shall be assessed on a ratio of one hundred percent (100%) of the estimated market value thereof. Section 3. That the sums hereinafter accruing and collected from the hereinabove taxes so levied be and the same are hereby appropriated for the support, maintenance, and improvement of the City Government of the City of La Porte. Section 4. The City Council officially finds, determines, recites and declares that all notices required by law have been published, and that a public hearing as required by law was duly called and held, and that all matters prerequisite to the establishment and levy of an ad valorem tax have been accomplished, all as required by the laws of the State of Texas, and the Home Rule Charter of the City of La Porte. Section 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 7. 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. Section 8. This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the 1114.1 1 - day of SCE , 2006. Y OF LA PORTE, TEXAS Alton Porter, Mayor ATTEST: Martha Gillett, City Secretary APP OV D: r nox Askins, City Attorney /' 2006 Property Tax Rates in City of La Porte This notice concerns 2006 property tax rates for City of La Porte. It presents information about three tax rates Last year's tax rate is the actual rate the taxing unit used to determine property taxes last year. This year's effective tax rate would impose the same total taxes as last year if you compare propertiestaxed in both years. This year's rollback tax rate is the highest tax rate the taxing unit can set before taxpayers can start tax rollback procedures. In each case these rates are found by dividing the total amount of taxes by the tax base (the total value of taxable property) with adjustments as required by state law. The rates are given per $100 of property value. Last year's tax rate: Last year's operating taxes $ 10,501,578 Last year's debt taxes $ 1,661,750 Last year's total taxes $ 12,163,328 Last year's tax base $ 1,713,144,789 Last year's total tax rate 0.710 /$100 This year's effective tax rate: Last year's adjusted taxes $ 12,083,981 (after subtracting taxes on lost property) This year's adjusted tax base $ 1,672,759,042 (after subtracting value of new property) = This year's effective tax rate 0.722 /$100 (Maximum rate unless unit publishes notices and holds hearings.) This year's rollback tax rate: Last year's adjusted operating taxes (after $ 10,430,731 subtracting taxes on lost property and adjusting for any transferred function, tax increment financing, and/or enhanced indigent health care expenditures) This year's adjusted tax base $ 1,672,759,042 = This year's effective operating rate 0.624 /$100 x 1.08 = this year's maximum operating rate 0.673 /$100 + This year's debt rate 0.099 /$100 = This year's total rollback rate 0.772 /$100 Statement of Increase/Decrease If City of La Porte adopts a2006 tax rate equal to the effective tax rate of 5D.722 per $100 of value, taxes would increase compared to2005 taxes by $183,573. Schedule A - Unencumbered Fund Balances The following estimated balances will be left in the unit's property tax accounts at the end of the fiscal year. These balances are not encumbered by a corresponding debt obligation. Type of Property Tax Fund Balance Genreal Fund $9,634,199 Debt Service Fund $1,702,319 Schedule B - 2006 Debt Service The unit plans to pay the following amounts for longterm debts that are secured by property taxes These amounts will be paid from property tax revenues(or additional sales tax revenues, if applicable). Principal or Interest to be Contract Payment Paid from Other Description to be Paid from Property Amounts Total of Debt Property Taxes Taxes to be Paid Payment 1998 General $125,000 $68,594 $0 $193,594 Obligation Bonds 2000 General $150,000 $123,344 $0 $273,344 Obligation Bonds 2000 Certificate of $150,000 $109,050 $0 $259,050 Obligation Bonds 2002 General $270,000 $222,683 $0 $492,683 Obligation Bonds 2004 Certificate of $210,000 $263,130 $0 $473,130 Obligation Bonds 2005 Certificate of $65,000 $66,453 $0 $131,453 Obligation Bonds 2005 General 5265,000 $299,333 $0 $564,333 Obligation Bonds 2006 Certificate of $0 $342,180 $0 $342,180 Obligation Bonds 2006 General $0 $68,527 $0 $68,527 Obligation Bonds Total Required for 2006 Debt Service $2,798,292 Amount (if any) paid from funds listed in Schedule A $225,000 - Amount (if any) paid from other resources $867,848 Excess collections last year $0 = Total to be paid from taxes in 2006 $1,705,444 + Amount added in anticipation that the unit will $0 collect only 100.00% of its taxes in 2006 = Total Debt Levy $1,705,444 This notice contains a summary of actual effective and rollback tax rates' calculations You can inspect a copy of the full calculations at604 W Fairmont Parkway, La Porte, TX 77571. Name of person preparing this notice. Katherine R. Powell, RTA Title: Tax Manager Date Prepared: September 5, 2006 2006 Effective Tax Rate Worksheet Entity Name: City of La Porte Date: 09/5/2006 See pages 13 to 16 of the Texas Comptroller's 2006 Truth -in -Taxation Manual for an explanation of the effective tax rate 1. 2. 3. 4. 5. 6. 7. 8. 9 10. 11 12. 2005 total taxable value. Enter the amount of 2005 taxable value on the 2005 tax $1,695,166,598 roll today. Include any adjustments since last year's certification; exclude Section 25.25(d) one-third over -appraisal corrections from these adjustments. This total includes the taxable value of homesteads with tax ceilings(will deduct in line 2) and the captured value for tax increment financing(will deduct taxes in line 14). 2005 tax ceilings. Counties, Cities and Junior College Districts. Enter 2005 total $0 taxable value of homesteads with tax ceilings These include the homesteads of homeowners age 65 or older or disabled. Other units enter "0" If your taxing units adopted the tax ceiling provision in 2005 for homeowners age 65 or older or disabled, use this step. Preliminary 2005 adjusted taxable value. Subtract line 2 from line 1. $1,695,166,598 2005 total adopted tax rate. (/$100) 0.710 2005 taxable value lost because court appeals of ARB decisions reduced 2005 appraised value. A. Original 2005 ARB values: $28,260,000 B. 2005 values resulting from final court decisions $19,950,000 C. 2005 value loss. Subtract B from A. $8,310,000 2005 taxable value, adjusted for court -ordered reductions. Add line 3 and line 5 $1,703,476,598 C. 2005 taxable value of property in territory the unit deannexed after January 1, $0 2005. Enter the 2005 value of property in deannexed territory. 2005 taxable value lost because property first qualified for an exemption in2006 . Note that lowering the amount or percentage of an existing exemption does not create a new exemption or reduce taxable value If the taxing unit increased an original exemption, use the difference between the original exempted amount and the increased exempted amount Do not include value lost due to freeport exemptions or tax abatements A. Absolute exemptions. Use 2005 market value: $181,274 B. Partial exemptions. 2006 exemption amount or 2006 percentage $9,682,545 exemption times 2005 value: C. Value loss. Add A and B. $9,863,819 2005 taxable value lost because property first qualified for agricultural appraisal (1-d or 1-d-1), timber appraisal, recreational/scenic appraisal or public access airport special appraisal in 2006. Use only those properties that first qualified in 2006; do not use properties that qualified in 2005. A. 2005 market value: $0 B. 2006 productivity or special appraised value: $0 C. Value loss. Subtract B from A. $0 Total adjustments for lost value. Add lines 7, 8C and 9C. $9,863,819 2005 adjusted taxable value. Subtract line 10 from line 6. $1,693,612,779 Adjusted 2005 taxes. Multiply line 4 by line 11 and divide by $100. $12,024,650 Truth In Taxation — May 2006 Page: 2006 Effective Tax Rate Worksheet Entity N 17. 18. C' f La Porte Date: 09/5/2006 MUG. zty 0 Taxes refunded for years preceding tax year2005. Enter the amount of taxes $68,645 refunded during the last budget year for tax years preceding tax year2005. Types of refunds include court decisions, Section25.25(b) and (c) corrections and Section 31.11 payment errors. Do not include refunds for tax year2005. This line applies only to tax years preceding tax year2005. Taxes in tax increment financing (TIF) for tax year 2005. Enter the amount of $9,314 taxes paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit If the unit has no 2006 captured appraised value in Line 16D, enter Adjusted 2005 taxes with refunds. Add lines 12 and 13, subtract line 14. $12,083,981 Total 2006 taxable value on the 2006 certified appraisal roll today. This value includes only certified values and includes the total taxable value of homesteads with tax ceilings (will deduct in line 18). These homesteads includes homeowners age 65 or older or disabled. A. Certified values only: $1,546,206,563 B. Counties: Include railroad rolling stock values certified by the $0 Comptroller's office: C. Pollution control exemption: Deduct the value of property exempted $0 for the current tax year for the first time as pollution control property (use this line based on attorney's advice): D. Tax increment financing Deduct the 2006 captured appraised value $1,494,207 of property taxable by a taxing unit in a tax increment financing zone for which the 2006 taxes will be deposited into the tax increment fund. Do not include any new property value that will be included in line 21 below. E. Total 2006 value. Add A and B, then subtract C and D. $1,544,712,356 Total value of properties under protest or not included on certified appraisal roll. A. 2006 taxable value of properties under protest The chief appraiser $86,176,735 certifies a list of properties still under ARB protest. The list shows the district's value and the taxpayer's claimed value, if any or an estimate of the value if the taxpayer wins For each of the properties under protest, use the lowest of these values Enter the total value. B. 2006 value of properties not under protest or included on certified $79,207,968 appraisal roll. The chief appraiser gives taxing units a list of those taxable properties that the chief appraiser knows about but are not included at appraisal roll certification. These properties also are not on the list of properties that are still under protest On this list of properties, the chief appraiser includes the market value, appraised value and exemptions for the preceding year and a reasonable estimate of the market value, appraised value and exemptions for the current year. Use the lower market, appraised or taxable value (as appropriate). Enter the total value. C. Total value under protest or not certified Add A and B. $165,384,703 2006 tax ceilings. Enter 2006 total taxable value of homesteads with tax ceilings $0 . These include the homesteads of homeowners age 65 or older or disabled. Other units enter "0." If your taxing units adopted the tax ceiling provision in 2005 for homeowners age 65 or older or disabled, use this step. Truth In Taxation — May 2006 Page: 2006 Effective Tax Rate Worksheet Entity Name: City of La Porte 19. 20. 21. 22. 23. 24. 25. Date: 09/5/2006 2 006 total taxable value. Add lines 16E and 17C. Subtract line 18. $1,710,097,059 Total 2006 taxable value of properties in territory annexed after January 1, 2005. $5,757,297 Include both real and personal property. Enter the 2006 value of property in territory annexed Total 2006 taxable value of new improvements and new personal property $31,580,720 located in new improvements "New" means the item was not on the appraisal roll in 2005. An improvement is a building, structure, fixture or fence erected on or affixed to land A transportable structure erected on its owner's land is also included unless it is held for sale or is there only temporarily. New additions to existing improvements may be included if the appraised value can be determined . New personal property in a new improvement must have been brought into the unit after January 1, 2005 and be located in a new improvement New improvements do include property on which a tax abatement agreement has expired for 2006. New improvements do not include mineral interests produced for the first time, omitted property that is back assessed and increased appraisals on existing property. Total adjustments to the 2006 taxable value. Add lines 20 and 21. $37,338,017 2006 adjusted taxable value. Subtract line 22 from line 19. $1,672,759,042 2006 effective tax rate. Divide line 15 by line 23 and multiply by $100. (/$100) 0.722 COUNTIES ONLY. Add together the effective tax rates for each type of tax the county levies. The total is the 2006 county effective tax rate. (/$100) A county, city or hospital district that adopted the additional sales tax in August or November2005 or in January or May 2006 must adjust its effective tax rate. The Additional Sales Tax Rate Worksheet on page 41 of the Texas Comptroller's 2006 Truth -in -Taxation Manual sets out this adjustment Do not forget to complete the Additional Sales Tax Rate Worksheet if the taxing unit adopted the additional sales tax on these dates. Truth In Taxation — May 2006 Page: 2006 Rollback Tax Rate Worksheet Entity Name: City of La Porte Date: 09/5/2006 See pages 17 to 21 of the Texas Comptroller's 2006 Truth -In -Taxation Manual for an explanation of the rollback tax rate 26. 27. 28. 29. 30. 31. 2005 maintenance and operations (M&O) tax rate. (/$100) 0.613 2005 adjusted taxable value. Enter the amount from line 11. $1,693,612,779 2005 M&O taxes. A. Multiply line 26 by line 27 and divide by $100. $10,381,846 B. Cities, counties and hospital districts with additional sales tax $0 Amount of additional sales tax collected and spent on M&O expenses in 2005. Enter amount from full year's sales tax revenue spent for M&O in 2005 fiscal year, if any. Other units, enter "0." Counties exclude any amount that was spent for economic development grants from the amount of sales tax spent C. Counties: Enter the amount for the state criminal justice mandate If $0 second or later year, the amount is for increased cost above last year's amount Other units, enter "0." D. Transferring function: If discontinuing all of a department, function $0 or activity and transferring it to another unit by written contract, enter the amount spent by the unit discontinuing the function in the 12 months preceding the month of this calculation If the unit did not operate this function for this 12-month period, use the amount spent in the last full fiscal year in which the unit operated the function. The unit discontinuing the function will subtract this amount in H below. The unit receiving the function will add this amount in H below. Other units, enter "0." E. Taxes refunded for years preceding tax year2005: Enter the amount $58,199 of M&O taxes refunded during the last budget year for tax years preceding tax year 2005. Types of refunds include court decisions, Section 25.25(b) and (c) corrections and Section 31.11 payment errors. Do not include refunds for tax year2005. This line applies only to tax years preceding tax year2005. F. Enhanced indigent health care expenditures Enter the increased $0 amount for the current year's enhanced indigent health care expenditures above the preceding tax year's enhanced indigent health care expenditures, less any state assistance. G. Taxes in tax increment financing (TIF): Enter the amount of taxes $9,314 paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit If the unit has no 2006 captured appraised value in Line 16D, enter "0." H. Adjusted M&O Taxes. Add A, B, C, E and F. For unit with D, $10,430,731 subtract if discontinuing function and add if receiving function Subtract G. 2006 adjusted taxable value. A. Enter line 23 from the Effective Tax Rate Worksheet $1,672,759,042 2006 effective maintenance and operations rate Divide line 28H by line 29 and 0.624 multiply by $100. 2006 rollback maintenance and operation rate. County, cities and others: 0.673 Multiply line 30 by 1.08. (See lines 49 to 52 for additional rate for pollution control expenses.) (/$100) Truth In Taxation — May 2006 Page: 2006 Rollback Tax Rate Worksheet Entity Name: City of La Porte Date: 09/5/2006 See pages 17 to 21 of the Texas Comptroller's 2006 Truth -In -Taxation Manual for an explanation of the rollback tax rate 32 33, 34. 35. 36. 37. 38. 39. 40. Total 2006 debt to be paid with property taxes and additional sales tax revenue $1,705,444 "Debt" means the interest and principal that will be paid on debts that (1) are paid by property taxes, (2) are secured by property taxes, (3) are scheduled for payment over a period longer than one year and (4) are not classified in the unit's budget as M&O expenses Debt also includes contractual payments to other taxing units that have incurred debts on behalf of this taxing unit, if those debts meet the four conditions above Include only amounts that will be paid from property tax revenue(or additional sales tax revenue). Do not include appraisal district budget payments List the debt in "Schedule B: Debt Service." If using unencumbered funds, subtract unencumbered fund amount used from total debt and list remainder Certified 2005 excess debt collections. Enter the amount certified by the $0 collector. Adjusted 2006 debt. Subtract line 33 from line 32. $1,705,444 Certified 2006 anticipated collection rate. Enter the rate certified by the 100.00% collector. If the rate is 100 percent or greater, enter 100 percent. 2006 debt adjusted for collections. Divide line 34 by line 35. $1,705,444 2006 total taxable value. Enter the amount on line 19. $1,710,097,059 2006 debt tax rate. Divide line 36 by line 37 and multiply by $100. (/$100) 0.099 2006 rollback tax rate. Add lines 31 and 38. (/$100) 0.772 COUNTIES ONLY. Add together the rollback tax rates for each type of tax the county levies. The total is the 2006 county rollback tax rate. (/$100) A taxing unit that adopted the additional sales tax must complete the lines for the Additional Sales Tax Rate A taxing unit seeking additional rollback protection for pollution control expenses completes the Additional Rollback Protection for Pollution Control. Truth In Taxation — May 2006 Page: 2 20 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 9-5-06 Requested By: Robert Swanagan Department: Human Resources Report: Resolution: Ordinance: X Exhibits: Ordinance 2004-2781 Exhibits: Chapter 172 ERIBB Recommendations Exhibits: Memo Debra B. Feazelle Appropriation Source of Funds: Medical Fund Account Number: 014-6144-515-6061 Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION This amendment to Ordinance 2004-2781 would update the language to Exhibit A-5 Premiums to read: The Total Premium Cost is the Total annual dollar allocated each year by budget as approved by City Council for the City of La Porte for Health Insurance for each employee, including employee and employer contributions Action Required by Council: Amend Ordinance 2004-2781 authorizing change in language which defines Premium cost allocated by the City of La Porte each year.. Also, City Council action requires action on Chapter 172 ERIBB recommendations from 8-10-06 Meeting. 6(::)� ® 9 -- 5 -0& Manager Date ORDINANCE NO. 2004-2781-B AN ORDINANCE ADOPTING AN AMENDMENT TO THE CITY OF LA PORTE EMPLOYEE POLICIES HANDBOOK BY AMENDING SECTION 9A, "RETIREE MEDICAL COVERAGE", PROVIDING FOR THE TERMS AND CONDITIONS OF RETIREE MEDICAL COVERAGE] PROVIDING AN EFFECTIVE DATE OF SAID AMENDMENTI PROVIDING A SEVERABILITY 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 of La Porte Employee Policies Handbook is hereby amended, by amending Section 9A, "Retiree Medical Coverage" in form attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. Section 2. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance or amendment of the City of La Porte Employee Policies Handbook hereby adopted, shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, or said Employee Policies Handbook, 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 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 as of October 1, 2006, and it is to ordered. PASSED AND APPROVED, this 11th day of September, 2006. ATTEST: W&Y � Ma ha A. Gillett City Secretary APP VE Clar Askins Assistant City Attorney C Y OF LA�j„P-C2�2TE By: Alton E. Porter Mayor 2 Exhibit A 9 A Retiree Medical Coverage 1. The following persons are eligible for retiree medical coverage: A. Present retirees of the City of La Porte receiving retirement annuities as a qualified annuitant under the Texas Municipal Retirement System, who have retired in accordance with the City of La Porte Employee Policies Handbook; and were employed by the City of La Porte at the time of their retirement. Retirees re-employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer, may not continue health coverage with the City of La Porte unless re-employed with the City of La Porte. Retirees who are self-employed are eligible for medical coverage, but occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on current active employee/dependent rates. B. City employees who retire from the City of La Porte employment on or before December 31, 2005, as a qualified annuitant under the Texas Municipal Retirement System; who retire in accordance with the City of La Porte Employee Policies Handbook; who complete at least 10 years of service with the City of La Porte, and are currently employed by the City of La Porte at the time of their retirement. Retirees re- employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, unless re-employed with the City of La Porte. Retirees who are self- employed are eligible for medical coverage, but occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on current active employee/dependent rates. C. City employees who retire from City of La Porte employment on or after January 01, 2006 and (1) who have a combination of years of service with the City of LaPorte, plus age, totaling 80; and (2) who retire as a qualified annuitant under the Texas Municipal Retirement System; who retire in accordance with the City of La Porte Employee Policies Handbook; who complete at least 20 years of service with the City of LaPorte, and are currently employed by the City of LaPorte at the time of their retirement. Retirees re-employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, except for those with 30 years or more tenure with the City of La Porte, or for retirees re-employed with the City of La Porte. If an employee works 30 years or more with the City of La Porte they may maintain the City of La Porte sponsored health plan as secondary, while working for a new employer offering a health plan option. All applicable costs of the Plan will still apply. For those retirees who are self-employed, occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on a cost schedule determined by years of service, as established under Section 5, "Premiums", of this chapter. D. City employees meeting the eligibility requirements for (1) disability retirement under the Texas Municipal Retirement System Act and (2) have been declared permanently disabled under the Social Security Act, and have elected to receive Medicare, Parts A and B, shall be eligible for medical benefits, which shall be secondary to Medicare benefits, provided they have worked for the City of La Porte for ten (10) continuous years at the time of disability determination. Costs associated with retirement under this tier shall be 75% of the city cost. 2. The retiree and dependent coverage will be primary for those participants not yet qualified for Medicare. The coverage will be secondary for those retirees and retirees' dependents who are Medicare eligible. If a covered retiree dies, dependents may continue coverage until the earlier of the date the surviving spouse remarries, obtains group insurance, or becomes entitled to Medicare, or until any unmarred children financially dependent upon the covered retiree is 25 years of age. Surviving dependents shall pay the appropriate contribution toward dependent coverage as established in this chapter. 3. Retirees who work for another employer offering health coverage shall not be eligible for retiree health coverage from the City after their subsequent employment ends, regardless of the length of service with the subsequent employer. 4. Retirees who delay their retirement annuity shall not be eligible for retiree health coverage from the City. 5. Premiums: The City of La Porte utilizes a self -funded medical plan so there are no formal premiums paid for health coverage. Each year, during the budget process, an amount is determined for each employee to cover claims and administration of the medical fund. 6e, Costs to the retiree, retiring on or after January 01, 2006, shall be based on a cost schedule determined by years of service: At least 20 years of service Retiree pays 60% of city cost + Dependent premiums At least 21 years of service Retiree pays 55% of city cost + Dependent premiums At least 22 years of service Retiree pays 50% of city cost + Dependent premiums At least 23 years of service At least 24 years of service At least 25 years of service At least 26 years of service At least 27 years of service At least 28 years of service At least 29 years of service At least 30 years of service Retiree pays 45% of city cost + Dependent premiums Retiree pays 40% of city cost + Dependent premiums Retiree pays 35% of city cost + Dependent premiums Retiree pays 30% of city cost + Dependent premiums Retiree pays 25% of city cost + Dependent premiums Retiree pays 20% of city cost + Dependent premiums Retiree pays 15% of city cost + Dependent premiums Retiree pays 10% of city cost + Dependent premiums Eligible dependents include: Your lawful spouse who is legally married to and living with you; natural children; stepchildren; children who, before reaching the age of 18, are either adopted by you; or other children for whom you have care, custody and control under court decree. A dependent child must be unmarried and rely on you for primary support and maintenance. Dependent children remain eligible until age 25. 6. Retirees may not add dependents once retired. There are no qualifying events to add dependents. Dependents may be dropped by written request at any time. 7. Retirees shall pay all required contributions to the City by the 15'b of the month of coverage. One annual statement will be mailed to retirees for selection of payment plan: annual, bi-annual, quarterly or monthly. Failure to pay the required contribution will result in termination of the member's participation in the City of La Porte sponsored health plan. Payment delayed beyond 60 days will initiate COBRA notification for continuation of health coverage once the member is terminated from the Plan. CHAPTER 172 EMPLOYEE RETIREE INSURANCE AND BENEFITS BOARD RECOMMENDATIONS TO CITY COUNCIL FROM THURSDAY, AUGUST 10, 2006 MEETING: 1. Recommends that Flexible Spending Accounts with the Debit Cards be added to our plan. 2. We do not recommend the Individual Child Premium Load. We could make a 5ch tier in a 4 tier structure with specific language that says dependent children can remain on the insurance to age 25 if they are a student and not married. 3. We do not recommend the 10% Cost Savings with Plan Design Changes 4. Recommends a one-time deferral at the discretion of the Retiree with a spousal provision as outlined in COBRA. Which is: If a Retiree is carrying their spouse at retirement then the spouse could re-enter when the retiree re-enters. S. Recommends that Retiree Over/Under 65 Calculation not be used and remain as it is. 6. Recommends both Incentive Plans as potential Recruitment Incentives with the City Council determining which one it wants to adopt, or a combination of both. 7. Recommends the current method of making the Retiree Calculations continue with clarification of language regarding City budgeted cost and that the coverage % discount amount applies only for retirees, not dependents. Also, the proposed Calculator that Neal is developing be implemented to allow any employee to be able to get an estimate of their insurance cost and their dependents cost at the current year budgeted City cost and for one additional year. of La Porte Interoffice Memorandum TO: Mayor and Council FROM: Debra Brooks Feazelle, City Manager DATE: August 31, 2006 SUBJECT: Insurance Information Please find attached additional information regarding insurance. The information is outlined as follows: 1. Employee Health Services Reconciliation — Spreadsheet and narrative reconciling the City's budgeted amounts to the amounts presented by Neal Welch. 2. Employee Benefits Graph and Explanation — Comparative graph showing merit increases in association to insurance contributions by departments and subsidies from the General Fund. 3. Enhanced Employee Benefits Proposal — Excerpt from the Budget Workshop presentation. 4. Statement of Revenues for the Insurance Fund — Projected 2006-07 revenues reflect increase of 15% to both City side and employees and retirees, in which the budget was built around. 5. Clarification of Insurance Costs Memo 6. Insurance Charts from Neal Welch regarding Premium and Contribution Projections a. Chart #1 — FY 2005 b. Chart #2 — FY 2006 Original — Increase only to City Contribution c. Chart #3 — FY 2006 Revised with Subsidy Column from General Fund d. Chart #4 — Proposed FY 2007 — Increase in both City Contribution and Employee Contribution Explanation of Reconciliation of the Employee Health Services Budget The attached reconciliation shows how the City's budgeted revenues and expenditures vary from Neal Welch's premium and contribution projections. On the revenue side, the amount sent over for the City's contributions is based on budgeted positions (425 employees and retirees); whereas, on Neal's schedule the amount shown for the City contributions is only for participants in the insurance plans (374 employees and retirees participating). This variance is the non -participatory revenue and amounts to approximately $234,959. The other variance regarding revenues is that Neal does not include an amount for interest earnings. This brings the total variance in revenues to approximately $257,459. On the expenditure side, the City's budget includes '/4 of the salary of the Human Resources Manager, consulting costs, and the special programs (Short -Term and Long - Term Disability). These expenditures total $110,098. Neal's spreadsheet includes only the claims administration costs, claims paid and re -insurance premiums. In addition, we have added another $100,000 to the projected insurance claims. Initially, these were budgeted at the midpoint, but the $100,000 was added to reduce the City's potential exposure. This brings the total variance between the City's budgeted expenditures and Neal's numbers to approximately $210,098. The non -participatory revenue is used to cover the costs of the expenditures that are not included in Neal's schedules. Additionally, these revenues are used to contribute to the fund balance. We are projecting that the Insurance Fund will have approximately 60 days of working capital at the end of FY 2007, which is 30 days below the minimum. Lastly, the non -participatory revenues are helping to lower the cost to the employees. Without the inclusion of these revenues, the proposed increases to employees would be much higher. Employee Health Services Reconciliation Revenues Revenue per City Department Contributions per Employee ($6900/Budgeted Full-time Position) Employee Contribution Retiree Contribution Interest Reconciling Items: Non -Participatory Revenue (Net of amount used for Employer Supplement)" Interest Revenue Revenues per Neal Welch $ 2,935,800 581,908 57,500 22,500 $ 3,597,708 234,959 22,500 3,340,249 "Contributions City sends for positions where employees are not participating in City's Insurance Plan (425 F/T & Retirees less 51 non -participants = 374 employees participating in plan per Neal Welch) Expenditures Expenditures per City Personal Services (1/4 of HR Manager) Consulting Claims Administration Claims Paid Re -Insurance Premiums (Stop Loss) Special Programs (S/T & L/T Disability, merit) Reconciling Items: Personal Services (1/4 of HR Manager) Consulting Special Programs (S/T & L/T Disability, merit) Additional amount added by City for Claims $ 19,356 20,000 135,000 3,093,600 213,000 70,742 3,551,698 19,356 20,000 70,742 100,000 Expenditures per Neal Welch 3,341,600 Summary Explanation for Employee Benefits Graph The graph is broken down into 3 categories: 1) the average budgeted merit increase (includes benefits) per employee, 2) the additional insurance subsidies sent from the General Fund to the Insurance Fund — converted to a per employee amount and 3) the department contributions per employee that the City sends over per budgeted position. In FY 2002 and FY 2003, the merit per employee was based on a funding pool of 5% - employees were eligible to receive up to 7.5%. In FY 2004, the merit plan was condensed and the funding pool was reduced to 3% - employees eligible for 0-5%. FY 2004 through FY 2007 is based on a 3% funding pool. In FY 2002, FY 2003 and FY 2006, there were additional subsidies sent over from the General Fund. The total subsidies were $1,500,000, $1,250,000 and $500,000 respectively. In FY 2002 this is equitable to approximately a 15% pay increase; 12% for FY 2003 and 5% in FY 2006. The last category on the graph shows the contribution sent over per budgeted position per year. The City contribution has increased each year as follows: Increase over Dollar Increase Raise Fiscal Year Prior Year per Employee Equivalent _ 2003 29% $ 1000 3.6% 2004 11 % 500 1.9% 2005 3% 150 0.5% 2006 16.5% 850 3.0% 2007 15% 900 2.2% Z Employee Benefits Provided by City (Insurance and Merit) 10,000 9,000 8,000 7,000 3,500 4,500 6,000 6,000 5,000 6,900 4,000 5,000 5,150 3,000 2,000 1,000 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 0 Average Budgeted Merit per Employee ■ Insurance Supplements from General Fund 0 Dept Contribution per Employee Personnel (Full -Time) Budgeted Merit Average Budgeted Merit per Employee Insurance Supplements from General Fund Total Per Employee Dept Contribution per Employee FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 377 379 384 376 377 380 498,863 523,806 301,969 311,028 320,359 470,012 1,323 1,382 786 827 850 1,237 1,500,000 1,250,000 - - 500,000 - 3,979 3,298 - - 1,326 - 3,500 4,500 5,000 5,150 6,000 6,900 Enhanced Employee Benefits Proposal ■ Fund Merit Plan — cost $470.012 citywide ■ Increase to employees medical contribution — proposed 15% ■ Increased city contribution to health fund by 15% - cost $ ($6900/yr/ee) ■ Expanding Longevity — 25 years to 30 years — cost $2,320 ■ Sick Buy Back — cost $220,000 ■ Provide Short-term and Long-term Disability (Insurance Fund) — cost $70,000 ■ Five -Year Vesting — cost $6,168 ■ Expanding Safety Program ■ Expanding Wellness Program ■ Enhancing Service Awards Program ■ Evaluation of all positions to market — compensation plan 8/31/2006 1:09 PM 27 Q_)� City of La Porte Insurance Fund (014) Statement of Revenues Object Description Employee Health Services 408.04-01 Charges to Departments 408.04-02 Employee Contributions 408.04-03 COBRA Contributions 408.04-04 Retiree Contributions Employee Health Services Subtotal Administrative Transfers: 480.01-01 Transfer from General Fund 480.01-02 Transfer from Utility Fund 480.01-08 Transfer from Sylvan Beach Fund 480.01-10 Transfer from Airport Fund 480.01-16 Transfer from LPAWA Fund 480.01-23 Transfer from Computer Fund 480.01-24 Transfer from Vehicle Maintenance Fund 480.01-28 Transfer from Golf Course Fund Administrative Transfers Subtotal Miscelleneous: 410.01-00 Miscellaneous Revenue Miscellaneous Revenue Subtotal Interest: 483.01-00 Interest Income Interest Subtotal Total Insurance Fund Actual Budget Revised Projected 2004-05 2005-06 2005-06 2006-07 2,159,338 2,539,214 2,539,214 2,935,800 415,518 531,716 506,007 581,908 88 - - - 59,030 50,000 50,000 57,500 2,6 3,974 3,120,930 ,095,221 3,575,208 788,591 90,137 4,204 980 2,465 801 25,005 33,451 945,634 677,438 77,530 3,616 843 2,120 689 21,508 28,773 812,517 1,177,438 77,530 3,616 843 2,120 689 21,508 28,773 ,312,517 681,549 78,001 3,638 848 2,133 693 21,638 28,947 817,447 36,030 36,030 - 36,030 36,030 - 22,508 18,000 44,500 45,000 22,508 18,000 44,500 45,000 3,602,116 3,987,477 4,488,268 4,437,655 City of La Porte Interoffice Memorandum TO: Mayor and Council FROM: Debra Brooks Feazelle, City Manager DATE: August 31, 2006 SUBJECT: Clarification of Insurance Cost Depending on where you get your information, insurance costs can have different definitions. 1. Ask the Budget Office (Shelley) the cost of insurance — She knows the cost to the budget and she will tell you the "City's contribution" to the Insurance Fund. We also graph this cost each year for City Council. 2. Ask the Insurance Fund Manager (Robert) the cost of insurance — He knows the total cost (The "City's contribution" + the "employee's contribution"). This cost is defined as how much money is needed to provide insurance to employees and retirees. 3. The formula — Any confusion regarding the calculation from the schedules can be resolved utilizing the following attached example. Retiree Summary Reports Employee 4 PROBLEM SOLVED. ALA E DOB: 12 / 15 / 1946 Date of Hire: 12 / 10 / 1979 Age: 59 Years Years of service: 29 Years Previous service: 0 Years City of LaPorte Total: 29 Years Age of 59 + 29 years of service = 89 points Test 1: 80 points met Test 2: 20 + years of service met If Employee retires after 08/31/06, he would qualify for the retiree health premium discount. The employee has 29 years service. Per the table, he would fall into the 15% discount provision at City cost per each year as calculated by budget + Dependent Coverage if any. What would be the cost to this employee if he retired after 08/31 /06? The total cost of his plan as an active employee is: Employee: Dependents: $540.41 $191.60 15% of Employee premium $81.06 + $191.60 = $272.66/Month rHRH h i I b r o g a I 6 nobbs' Schedule B 25% Coverage 18� - $1,500 Deductible Employee Only Employee & Spouse Employee and Children Employee and Family Coverage 15t - $1,000 Deductible Employee Only Employee & Spouse Employee and Children Employee and Family PPO - $500 Deductible Employee Only Employee & Spouse Employee and Children Employee and Family PPO - $300 Deductible Employee Only Employee & Spouse Employee and Children Employee and Family City of La Porte Premium and Contribution Projection Effective January 1, 2005 Proposed Premiums and Contributions Subs Total Premium Employer Contribution Employee Contributions Employee Contribution Change Per Check $8.33 23 $452.20 $429.17 $18.04 $0.00 $18.04 8 $581.64 $429.17 $132.47 $104.00 $28.47 $61.14 8 $530.40 $429.17 $101.24 $86.67 $14.57 $46.72 22 $632.86 $429.17 $190.69 $112.67 $78.02 $88.01 54 $487.88 $429.17 $33.70 $0.00 $33.70 $15.55 6 $627.51 $429.17 $174.34 $104.00 $70.34 $80.46 6 $572.24 $429.17 $138.07 $86.67 $51.40 $63.72 16 $682.77 $429.17 $200.60 $112.67 $87.93 $92.58 22 $508.39 $429.17 $54.23 $0.00 $54.23 $25.03 23 $653.91 $429.17 $200.74 $104.00 $96.74 $92.65 24 $596.31 $429.17 $162.15 $86.67 $75.48 $74.84 58 $711,49 $429.17 $225.32 $112.67 $112.65 $103.99 33 $554.31 $429.17 $100.14 $0.00 $100.14 $46.22 13 $712.95 $429.17 $258.79 $104.00 $154.79 $119.44 13 $650.16 $429.17 $215.99 $86.67 $129.32 $99.69 31 $775.73 $429.17 $316.56 $112.67 $203.89 $146.10 360 Total Monthly Funding $219,551 $154,500 $55,444 - Total Annual Funding $2,634,610 $1,854,001 $665,328 Employee/Employer % 100% 70% 25% Assumptions: 1. Humana Smart Suite plan design. 2. Rate differentials based on Humana book of business. 3. Enrollment assumptions based on Humana plan experience. 4. Employee and total premiums are based on previously stated projections of expected costs. $287,151 $378,176 The Welch Company A City of La Porte Proposed Premium and Contribution Worksheet Effective October 1, 2006 Expected Claims Subs Coverage 15t - $1,500 Deductible Employee Only 24 Employee & Spouse 13 Employee and Children 17 Employee and Family 24 Coverage 1st - $1,000 Deductible Employee Only 50 Employee & Spouse 23 Employee and Children 20 Employee and Family 35 PPO - $600 Deductible Employee Only 26 Employee & Spouse 19 Employee and Children 10 Employee and Family 21 PPO - $300 Deductible Employee Only 22 Employee & Spouse 14 Employee and Children 4 Employee and Family 52 374 Total Monthly Funding Total Annual Funding Employee/Employer % Proposed Premium and Contributions Employer Employee Contribution Contributions* $500.00 $25.78 $500.00 $184.74 $500.00 $167.57 $500.00 $212.34 $500.00 $39.94 $500.00 $229.32 $500.00 $211.24 $500.00 $273.76 $500.00 $88.37 $500.00 $291.60 $500.00 $272.97 $500.00 $326.05 $500.00 $139.24 $500.00 $397.26 $500.00 $380.01 $500.00 $421.48 $187,000 $81,520 $2,2441000 $978,240 70% 30% Total Premium w/ Contributions & Subsidy $525.78 $684.74 $667.57 $712.34 $539.94 $729.32 $711.24 $773.76 $688.37 $791.60 $772.97 $826.05 $639.24 $897.26 $880.01 $921.48 $268,520 $3,222,240 100% Exhibit 2 * Employee contributions plus subsidy I Coverage 1st - $1,500 Deductible Subs Employee Only 27 Employee & Spouse 9 Employee and Children 16 Employee and Family 24 Coverage 1st - $1,000 Deductible Employee Only 50 Employee & Spouse 23 Employee and Children 19 Employee and Family 35 PPO - $500 Deductible Employee Only 29 Employee & Spouse 16 Employee and Children 11 Employee and Family 16 PPO - $300 Deductible Employee Only 25 Employee & Spouse 17 Employee and Children 6 Employee and Family 49 372 Total Monthly Funding Total Annual Funding Employee/Employer % City of La Porte Premium and Contribution Projection Effective January 1, 2006 Proposed Premiums and Contributions Total Employer Employee Premium Contribution Contributions $514.65 $500.00 $14.65 $605.00 $500.00 $105.00 $595.24 $500.00 $95.24 $620.69 $500.00 $120.69 $522.70 $500.00 $22.70 $630.34 $500.00 $130.34 $620.07 $500.00 $120.07 $655.60 $500.00 $155.60 $550.23 $500.00 $50.23 $665.74 $500.00 $165.74 $655.15 $500.00 $155.15 $685.32 $500.00 $185.32 $579.14 $500.00 $79.14 $725.79 $500.00 $225.79 $715.99 $500.00 $215.99 $739.56 $500.00 $239.56 $231,253 $186,000 $45,253 $3,200,000 $2,232,000 $543,032 100% 70% 17% Fund Subsidy $11.43 $26. $81.90 $186. $74.29 $169. $94.14 $214. $17.71 $40.41 $101.67 $232.01 $93.65 $213.72 $121.37 $276.97 $39.18 $89.41 $129.28 $295.02 $121.02 $276.17 $144.55 $329.87 $61.73 $140.87 $176.12 $401.91 $168.47 $384.46 $186.86 $426.42 3% 1 Total Premium w/ Contributions & Subsidy $526.08 $686.90 $669.53 $714.83 $540.41 $732.01 $713.72 $776.97 $589.41 $795.02 $776.17 $829.87 $640.87 $901.91 $884.46 $926.42 $266 551 $3,198,607 The Welch Company City of La Porte Exhibit U Premium and Contribution Worksheet Effective January 1, 2007 Coverage 15t - $1,600 Deductible Subs Employer Contribution 2007 Employe Supplement' Employee Contribution Total 2007 Premium Employee Only 24 $575.00 $3.17 $16.85 $595.02 Employee & Spouse 13 $575.00 $22.71 $120.75 $718.46 Employee and Children 17 $575.00 $20.60 $109.53 $705.12 Employee and Family 24 $575.00 $26.10 $138.79 $739.89 Coverage 1st - $1,000 Deductible Employee Only 50 $575.00 $4.91 $26.11 $606.01 Employee & Spouse 23 $575.00 $28.19 $149,89 $753.08 Employee and Children 20 $575.00 $25.97 $138,08 $739.05 Employee and Family 35 $575.00 $33.65 $178.94 $787.59 PPO - $500 Deductible Employee Only 26 $575.00 $10.86 $57.76 $643,63 Employee & Spouse 19 $575.00 $35.84 $190.60 $801,44 Employee and Children 10 $575.00 $33.55 $178.42 $786,97 Employee and Family 21 $575.00 $40.08 $213.12 $828.19 PPO - $300 Deductible Employee Only 22 $575.00 $17.11 $91.01 $683,13 Employee & Spouse 14 $575.00 $48.83 $259.66 $883.49 Employee and Children 4 $575,00 $46.71 $248.391 $870.10 Employee and Family 52 $575.001 $51.81 $275.491 $902,30 374 Total Monthly Funding $215,0501 $10,020 Total Annual Funding $2,580,600 $120,240 Employer/Employee °h 77% 4°h 15% increase from 2006 EE Contribution " Employer Supplement equates to: Non -participatory revenue - Allocated expenses One-time revenues + expenses - Fund balance contribution D 21 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested September 11, 2006 Requested By: Mayor Porter Department: mayor and r-4 Council Report: Resolution: Ordinance: X Exhibits: Ordinance Exhibits: Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Approve amending the creation ordinance for the Main Street Advisory Board to reduce the number of members from 11 to 9. Action Required by Council: Approve Ordinance amending the creation ordinance of the Main Street Advisory Board. ADDroved for City Council Agenda ,��PJP "r &/,,A -L— ?-b-V�) Debra Feazelle, City Manageo Date ORDINANCE NO. 2004-2801-A AN ORDINANCE AMENDING ORDINANCE NO. 2004-2801, RELATING TO THE CREATION OF THE MAIN STREET ADVISORY BOARD, BY REDUCING THE NUMBER OF MEMBERS TO THE MAIN STREET ADVISORY BOARD FROM ELEVEN (11) TO NINE My FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWj 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 amends Ordinance No. 2004-2801, relating to the creation of the Main Street Advisory Board, by changing the number of members appointed to said Board, as herein provided. The Board shall consist of nine (9) 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 and 9, 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 JL day of 6e rl , 2006. ATTEST: L/ 1)" d AW Martha A. Gillett City Secretary APPROVED: 1. Clark T. Askins Assistant City Attorney C TY OF LA PORTE By: ukte�— Alton E. Porter, Mayor 2 22 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested September 11, 2006 Requested By: Mayor Alton E. Porter Department: A4ayor-'s Qf4cc Report: Resolution: Ordinance: X F,Yhih*tr.- Ordinance Exhibits: Exhibits: Appropriation Source of Funds: n/a Account Number: n/a Amount Budgeted: n/a Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION City Council to approve appointing positions on Boards and Commissions for vacant slots and placing newly appointed Main Street Advisory Board Members in appropriate slot. Chapter 172 Employee, Retiree Insurance and Benefits Board: Citizen Position 2 - Term Expiration 8/31/2006 — vacated by Tina Fregia due to resignation. Citizen Position 1 — Term Expiration 8/31/2007 — vacated by Pat Rothermel Alternate Position 2 — No Term Expiration — position has never been filled La Porte Development Corporation Board — 4b Corporation Deborah Johnson — Term Expiration 2007 — resigned from board position vacant Main Street Advisory Board: Appoint and determine positions for Amanda Seymore, Ed Matuszak, Leonard Suarez and Bill Manning, Jr. Youth Advisory Council Crystal Scott advised there will be no changes to the Youth Advisory Council until after school begins in the fall. Zoning Board of Adjustment Council is also being presented with two options for the Zoning Board of Adjustments. Council may consider changing the ordinance to allow Council to choose a Chairman or not. There are two ordinances for your consideration. Advise staff if any other changes regarding positions Council desires. Action Required by Council: Consider approving Ordinance appointing members to various Boards and Commissions and adopt the ordinance of choice regarding the Zoning Board of Adjustment Chairman. Approved for City Council Agenda 1 � � ' t • ..\.-i Vim- �` ` � T'B Debra Feazelle, City Manager Date ORDINANCE NO. 2004-2782-M 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: • Indicates reappointment 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 2007 Position 2. - Nick Hooke 2007 Position 3. - *Hector Villarreal 2009 Position 4. - *Tucker Grant 2009 Position 5. - Steve Gillett 2007 Position 6. - Eliminated by City Council on 7/13/98 by Ord. 98-2265 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 2007 Position 2 - *Dave Turnquist 2008 Position 3 - Alton Porter 2007 Position 4 - *Horace Leopard 2008 Position 5 - Doug Martin 2007 Position 6 - *J. J. Meza 2008 Position 8 - *Chester Pool 2008 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 - Dr. Say (LPISD) 2007 Position 9 - Lindsay Pfeiffer (Harris Co.) 2007 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 - Vacant 2007 Citizen Position 2 - Vacant 2009 Retiree Participant - Buddy Jacobs 2008 Employee Participant - Karen Beerman No Term Finance Staff - Michael Dolby No Term H.R. Staff - Robert Swanagan No Term Legal Staff - Clark T. Askins No Term Alternate to Citizen Positions 1 and 2 - George Van Dyke No Term Vacant No Term Section 4. The City Council of the City of La Porte hereby makes the following appointments to the Fiscal Affairs Committee, PA 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 1998 Alternate Member - Louis Rigby 2004 Alternate Member - Tommy Moser 2004 Section 5. The City Council of the City of La Porte hereby makes the following appointments to the Fire Code Review Board 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 - Tim Bird 2008 District 2 - *Jeff Brown 2009 District 3 - *Woodrow Sebesta 2009 District 4 - *Floyd Craft 2009 District 5 - Jim Bridge 2006 District 6 - Lester Clark 2008 At Large -A - *Bryan Moore 2009 At Large-B - Paul Vige 2008 Mayor - *Lynn Green 2009 Section 6. The City Council of 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: 3 Position 1 - Robert Roy 2007 Position 2 - Dennis H. Steger 2007 Position 3 - Steve Valarius 2007 Position 4 - *Chester Pool 2008 Position 5 - *Paul Berner 2008 Section 7. The City Council of the City of La Porte hereby appoints the following named persons, all of whom are residents of 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 2007 *Mike Clausen 2008 Tommy Moser 2007 *Bill Love 2008 Ed Matuszak 2007 *Pat Muston 2008 Vacant 2007 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. 2008 Alternate - Robert D. Johnston, M.D. 2008 Medical Advisor/EMS - Oscar Boultinghouse Contract 0 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 - Peggy Antone 2007 Position 2 - *Dave Turnquist 2008 Position 3 - Alton Porter 2007 Position 4 - *Horace Leopard 2008 Position 5 - Douglas Martin 2007 Position 6 - *J. J. Meza 2008 Position 7 - Dr. Say 2007 Position 8 - *Chester Pool 2008 Position 9 - Lindsay R. Pfeiffer, Chairman 2007 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 have been duly appointed and qualified: Position 1 - Bill Manning, Chairman No Term Position 2 - Robert Schlenk, Vice Chairman No Term Position 3 - Deborah Johnson No Term Position 4 - Douglas Martin No Term Position 5 - Vicki Campise No Term Position 6 - Paul Berner No Term Position 7 - Pat Muston No Term Position 8 - Gloria Lair No Term Position 9 - Brenda Brown No Term 5 Section 11. 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 their successors shall have been duly appointed and qualified: Position 1- Ed Matuszak 2008 Position 2- Vicki Campise, Chair 2008 Position 3- Bill Manning Jr. 2008 Position 4- Leandro Suarez 2009 Position 5- *Jerry Carpenter, Vice Chair 2009 Position 6- Amanda Seymore 2009 Position 7- Michaelyn Dunaway 2007 Position 8- Clare Zaborowski Sec./Treasurer 2007 Position 9- Lawrence McNeal 2007 Position 10 Position 10 eliminated by Ordinance 2004-2782- L on August 28th, 2006, by City Council Action Position 11 Position 11 eliminated by Ordinance 2004-2782- L on August 28th, 2006, by City Council Action 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 1.1 year indicated, or until their successors shall have been duly appointed and qualified: Chairman - *Pat Muston 2009 District 1 - Doretta Finch 2008 District 2 - *Nick Barrera 2009 District 3 - *Kirby Linscombe Jr. 2009 District 4 - Dottie Kaminiski 2007 District 5 - Paul Berner 2007 District 6 - Claude Meharg 2008 Alternate 1 - Hal Lawler 2007 Alternate 2 - Les Bird 2008 Section 13. The City Council of the City of La Porte hereby makes the following appointments to the Southeast Texas Housing Finance Corporation Board of Directors, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Director - *Patricia Muston 2009 Section 14. The City Council of the City of La Porte hereby makes the following appointments to the Youth Advisory Council, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 - Shelby Barnett 2005 Position 2 - Hiba Haroon 2005 Position 3 - Chaise J. Merritt 2005 Position 4 - Laura J. Low 2005 Position 5 - Amanda Gass 2005 Position 6 - Brandy C. Hickey 2005 7 Position 7 - Clemea J. Donaldson 2005 Position 8 - Brandon C. Lunsford 2005 Position 9 - Pierre N. Castillo 2005 Position 10 - LaSadra M. Hillman 2005 Position 11 - Margo R. Curette 2005 Position 12 - Marc R. Vanderbrink 2005 Position 13 - Carol Parmer 2005 Position 14 - Mia Parisi 2005 Position 15 - Taylor Ryan Rowan 2005 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 2007 Position 2 - Bob Capen 2007 Position 3 - Rod Rothermel 2007 Position 4 - Charles Schoppe 2007 Position 5 - George (Bill) W. Maltsberger 2007 Alternate 1 - *Lawrence McNeal 2008 Alternate 2 - *Gilbert Montemayor 2008 Section 16. 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 E 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 been duly appointed and qualified: Position 1 - Tom Campbell, Chairman 2007 Position 2 - Terry Bunch, Vice Chairman 2007 Position 3 - Paul Larson 2007 Position 4 - Ron Holt 2007 Position 5 - Ken Schlather 2007 Position 6 - John Elfstrom 2007 Position 7 - Bruce Compton 2007 Section 17. The City Council of the City of La Porte hereby makes the following appointment to the Fire Fighters Pension Board of Trustees, to serve without term or until his successor shall have been duly appointed and qualified: City Council Representative - *John Joerns 2007 Section 18. 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, 7 sentence, phrase or clause, or part thereof, may be declared invalid. Section 19. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. Section 20. 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 21. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 11 TH day of September,2006. ATTEST: Martel a Gillett - City Secretary aY OF LA P0� BY: Alton E. Porter Mayor 10 APPROVED: C1ar T. Askins Assistant City Attorney 11 24 MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DEBRA B. FEAZELLE, CITY MANAGER MEETING DATE: SEPTEMBER 11, 2006 SUBJECT: CONSIDER APPROVAL OF A RESOLUTION SUPPORTING INCREASED FUNDING FOR THE TEXAS RECREATION AND PARKS ACCOUNT AND THE STATE PARK SYSTEM RECOMMENDATION: City Council to consider approval of a resolution that supports increased funding for the Texas Recreation and Parks Account and the State Park System. The resolution is attached for review. BACKGROUND: Also, funding for the Texas Recreation and Parks Account (TRPA) has decreased the past two sessions. The TRPA is a grant program for parkland acquisition and development and for the development of recreational facilities that is administered by the Texas Parks and Wildlife Department. The annual funding in the TRPA prior to the 78th Legislature was $15.5 million. The TRPA was reduced to $8.1 million annually during the 78th Legislature and to $5 million by the 79th Legislature. Appropriations for the maintenance and operation of the State Parks and historical sites in Texas has been reduced over the past two Legislative Sessions resulting in park closures, reduced hours and days of operation as well as layoffs of staff. This has come at a time when the population of the state is expanding and the need for open space is greater that it has ever been. The attached resolution requests members of the 80th Legislature support increased funding for the TRPA, at least to the level the grant program was at prior to the 781h Legislative Session. The resolution also requests members of the 80th Legislature support increased funding for the State Park System. The City of La Porte has received several park development grants from TPWD in the past, and do anticipate submitting grants for bicycle/pedestrian trails and park development in the future. In fact, the development of Little Cedar Bayou, Fairmont Park, Pfeiffer Park, and the Nature Trail were all partially funded with matching grants from TPWD. Staff will be looking at grant opportunities to assist with the development of new parkland and trails for La Porte. September 6, 2006 (10:38AM) RESOLUTION NO. A RESOLUTION OF THE CITY OF LA PORTE CITY COUNCIL REQUESTING THE MEMBERS OF THE 80TH LEGISLATIVE SESSION OF THE STATE OF TEXAS SUPPORT INCREASED FUNDING FOR THE TEXAS RECREATION & PARKS ACCOUNT LOCAL PARK GRANT PROGRAM AND THE TEXAS STATE PARK SYSTEM WHEREAS, the Texas Parks & Wildlife Department ("TPWD") administers the Texas Recreation & Parks Account Local Park Grant Program ("TRPA") and manages 114 State parks and historical sites in Texas; and WHEREAS, TPWD has a separate account in their general revenue fund referred to as the TRPA for the purpose of providing matching grants to political subdivisions for parks and recreation projects; and WHEREAS, the matching grants provided by the TPWD are utilized for the planning, acquisition, and development of local park, recreation and open space areas to be owned and maintained by political subdivisions; and WHEREAS, funds granted to political subdivisions under the TRPA guidelines have funded 1,029 projects of the 2,851 submitted over 25 years delivering over $623 mullion dollars to the local Texas economy; and WHEREAS, political subdivisions throughout the State of Texas depend on grants from TPWD through the TRPA to stimulate the acquisition and development of parks and recreational areas for the benefit and enjoyment of their citizenry; and WHEREAS, the TRPA and State parks are funded from sales tax on sporting goods and that the development of new parks stimulates the purchase of sporting goods; and WHEREAS, continued cutbacks in appropriations for State park and historic sites have resulted in a backlog of deferred maintenance issues, park closures, reduced hours and days of operation, staff layoffs, the conversion of some parks to day use only and elimination of important visitor services, regardless of the growing need for new parks due to the State's expanding population and extensive tourism industry; and WHEREAS, the development of parks encourages and promotes public health, economic development, job creation, education; corporate relocations, an improved quality of life, and juvenile crime prevention; and WHEREAS, it is the desire of this City Council that a copy of this resolution with appropriate names affixed be presented to the Governor of Texas and the leadership of the 80'h Texas Legislature. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: 1. That members of the 80"' Legislature of Texas seek passage of legislation maximizing the use of revenue from the sporting goods sales tax to increase funding for parks and recreation programs fairly for both Local and State parks and that all TRPA funded park projects be subject to the established TPWD competitive scoring system. PASSED AND APPROVED by the La Porte City Council on this the 11 th day of September 2006. APPR ED. Alton E. Porter, Mayor ATTEST: Ma$Z- rttii Gillet, tity Secretary APPROVED AS TO FORM: Clark Askins, Assistant City Attorney 1111-rrralion k I'ark Sw ii-li TEXAS,, 2006 - 2007 TRAPS Legislative Platform The Texas Recreation and Park Society (TRAPS) four primary objectives In the 80th Session of the Texas Legislature: 1. Achieve restoration of reductions made by the 78m & 79'" Legislatures to the Texas Recreation and Parks Account (TRPA). TRAPS supports appropriation to the full amount authorized by Chapter 24, Parks and Wildlife Code; including retention of the dedication language in Chapter 24, Parks and Wildlife Code. 2. Support funding for the operations and maintenance of the existing state parks system and provide acquisition and development funds for the future needs of Texas. 3. Support legislation that maximizes the use of revenue from the sales tax gathered from sporting goods to increase funding of Park and Recreation as a system, fairly, for both State and Local parks to address the shortfall of state park operations and local park acquisition and development. 4. Ensure that no legislative appropriation riders are allowed that set aside TRPA money for specific projects or locales. TRAPS maintains that all candidate grant projects should be subject to the established competitive grant process. The following positions are held by TRAPS: A. TRAPS takes the position of support of the National Recreation and Parks Association (NRPA) top legislative and advocacy priorities. a. Securing reliable federal investment in the local communities through matching grants, capital investments and appropriations for parks and recreation facilities, including proper funding of the Land and Water Conservation Fund (LWCF) state side account. b. Promote the benefits of parks and recreation to achieve national goals for healthy lifestyles, particularly the passage Childhood Obesity Reduction Act, the passage of the Prevention of Childhood Obesity Act, and passage of the Improved Nutrition and Physical Activity Act (IMPACT) all need to include park and recreation agencies as directly eligible entities. C. Ensure that Federal agency activities, including rulemaking, properly and appropriately advance national priorities for parks and recreation, particularly the for the SAFETEA - LU program. B. TRAPS takes the position of support of the NRPA call to action on the movement for Urban Parks and Recreation in America renewal as thousands of acres of urban park land for millions of people in 100 of the largest urban parks and recreation systems in America to reverse the neglect of our nation's cherished urban parks. a. Matching funds for urban park renewal b. Promote Health and Wellness. C. Stimulate Community and Economic Development. d. Protect the Urban Environment. e. Educate, Enrich, and Protect America's Youth 0 Page 2 of 3 281-471-5020 ext. 5019 From: Harris, Sharon Sent: Monday, August 07, 2006 3:02 PM To: Gillett, Martha Subject: FW: Advice on Joint Elections -Harris (EHW) Importance: High Below we have it in writing. From: Elizabeth Hanshaw Winn [mailto:EHanshawWinn@sos.state.tx.us] Sent: Monday, August 07, 2006 2:09 PM To: Harris, Sharon cc: Amy Mitchell Subject: FW: Advice on Joint Elections -Harris (EHW) Dear Sharon Harris: I spoke to Martha Gillett on July 14, 2006. I will attempt to repeat the advice given at that time, but we take many calls and the conversation you want repeated occurred approximately 3 weeks ago. According to my call notes, Ms. Gillett called about setting up joint election agreements for May 2007. She said that the city secretary (who is not a resident of the area) doesn't believe that she can run the school/college elections if the city cancels its election. The question was whether it's true that the city secretary would be unable to run the school/college part if the city part is canceled and whether that could be built into the contract. We responded that the best scenario is to have a contingency built into the joint election agreement that provides that if an entity cancels, the non -canceling entity must take over and run its own election. (Note that this does not bar the school/college from working to secure tabulating equipment from the city for use in the school/college election.) The rationale is that joint elections are, by definition, authorized to be run by two or more governing bodies conducting an election on the same day. [Sec. 271.002] If a governing body of a political subdivision cancels its election and certifies the unopposed status of candidates, the Texas Election Code says that "the election is not held". [Sec. 2.053(b)] Therefore, there would no longer be any authority to hold a joint election with that entity because the canceling entity would not be conducting an election on the same day. Additionally, statements made by Ms. Gillett indicated that the city secretary will be the joint Early Voting Clerk pursuant to the joint election agreement. The question was asked whether the school could still appoint the city secretary as the Early Voting Clerk even if the city canceled its election. Based on Ms. Gilletfs statement that the city secretary is not a resident of the school district (and presumably not a school employee), the city secretary would be ineligible for appointment. [See eligibility requirements in Section 83.006 of the Texas Election Code.] Even if the city secretary was otherwise eligible for appointment as the early voting clerk for the school's election, we expressed concern that there may be employment issues relating to a city secretary working for the school during city business hours. We suggested that the city secretary consult with the city's Human Resources department and Texas Municipal League to discuss any potential conflicts. 8/25/2006 Page 3 of 3 NOTE: We have advised schools that if they are entering into a joint election agreement with a city to comply with House Bill 1, Third Called Session (2006), the school should use the joint election agreement to document their efforts to comply with HB1. We do not believe that the school would have authority to move their election simply because the city canceled and thereby "pulled out" of the joint election. Thank you for your question. We hope this has been helpful to you. Amy E. Mitchell, Elections Division Office of the Secretary of State From: Harris, Sharon [mailto:HarrisS@ci.la-porte.tx.us] Sent: Thursday, August 03, 2006 1:51 PM To: lsu@sos.state.tx.us Cc: Gillett, Martha Subject: Advice on Joint Elections This email is to request in writing an opinion received by Martha Gillett City Secretary of La Porte from Christina Ruiz on July 14, 2006 We (City of La Porte) conduct joint Elections with our School and College Districts. There are two neighboring cities that also conduct joint with the school and college districts. We were informed we could not legally conduct another entities election if we cancelled our city election. This past May we tabulated for all cities due to the county not having enough tabulation equipment. Please advise in email or writing so we can share with others and for our records. Thank you, Sharon Harris, TRMC Assistant City Secretary 8/25/2006 Page 1 of 1 Lanclos, Melisa From: Colin Parrish [Colin.Parrish@house.state.tx.us] Sent: Wednesday, August 23, 2006 10:52 AM To: Lanclos, Melisa Subject: Notice of TDI hearing Attachments: TWIA expansion hearing.doc Melissa, As we discussed here is the notice, please keep us posted on the city's position as to whether they would like to be included in this designation or not. Colin T. Parrish Chief of Staff Rep. Wayne Smith 512.463.0733 512.463.1323 fax 8/23/2006 NOTICE OF PUBLIC HEARING The Commissioner of Insurance will hold a public hearing under Docket Number 2651 on September 19, 2006 at 10:00 a.m. in Room 100 of the William P. Hobby Jr. State Office Building, 333 Guadalupe Street, Austin, Texas, to consider a petition to designate an area in Harris County bounded on the east by State Highway No. 146, on the west by State Highway No. 288, on the south by the Harris County/Galveston County border, and on the north by Loop 610 and. State Highway No. 225 as a catastrophe area eligible for windstorm and hail insurance coverage through the Texas Windstorm Insurance Association (Association). On July 13, 2006,- the association presidents of Marina Bay Condominiums, Lakeside Townhomes Council of Co -Owners, and The Point at Egret Bay Condominiums, representing approximately 330 residents, joined in a petition to the Commissioner to include the requested area as a catastrophe area for the purpose of area residents and businesses becoming eligible for windstorm and hail insurance coverage through the Association. According to the petition, the request is based on the following factors: (i) as a result of increased intensity and frequency of hurricanes in the Gulf of Mexico, the storm surge impact areas have been expanded to include areas west of Highway No. 146 in Harris County and now include the petitioners' locations as well as many other similar properties; (ii) recent windstorm damage in Texas has resulted in the departure of all available insurance providers except for one in this area; and (iii) the unplanned and significant increase for windstorm and hail coverage started in February of this year, and in one case retroactive to last November, has been from 125% to 128%, resulting in the inability to prepare next year's expense plans and required maintenance dues. According to the petition, as a result of these factors, a total of 165 residences in the petitioning associations no longer have windstorm and hail insurance coverage reasonably available. The Association was created by the Texas legislature in 1971 and is composed of all property insurers authorized to transact property insurance in Texas. The purpose of the Association is to provide windstorm and hail insurance coverage to residents and businesses in designated catastrophe areas that are unable to obtain such coverage in the voluntary market. Since its inception, the Association has provided this coverage to residents and businesses of fourteen coastal counties, including Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Refugio, San Patricio, and Willacy. Since 1996, as a result of the Commissioner's designation of additional catastrophe areas, pursuant to the Insurance Code Article 21.49 §3(h), residents and businesses in Harris County in the cities of Seabrook, La Porte, and Morgan's Point have been eligible to apply for windstorm and hail coverage through the Association; and since 1997, residents and businesses in those parts of the cities of Shoreacres and Pasadena in Harris County located east of State Highway No. 146 have been eligible to apply for windstorm and hail coverage through the Association. 2 s The Commissioner is authorized pursuant to the Insurance Code Article 21.49 §3(h) to designate a city or a part of a city or a county or part of a county as a catastrophe area upon determination, after notice of not less than ten days and a hearing, that windstorm and hail insurance is not reasonably available to a substantial number of owners of insurable property in that city or a part of that city or county or a part of that county that is subject to unusually frequent and severe damage resulting from windstorms and/or hailstorms. A copy of the full text of the petition is available for review in the Office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas, 78714-9104. For further information or to request copies of the petition, please contact Sylvia Gutierrez at (512) 463-6327 (refer to Reference Number P- 0806-14). All interested parties are invited to attend the hearing and testify for or against the petition. Issued in Austin, Texas, on 2006. Gene C. Jarmon General Counsel and Chief Clerk Texas Department of Insurance 3 &FIF REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 11 2006 Requested By: Mayor Alton Porter Department: City Council Report: Resolution: Ordinance: X e-e- Exhibits: "f f-e m `e y- Exhibits: Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION La Porte City Council to consider accepting resignation of City Manager and approve employment consulting agreement from 10/1/06 through March 10, 2007. Action Required by Council: Approve ordinance and agreement between the City of La Porte and Debra Brooks Feazelle. Approved for City Council Agenda &RP &� � -tx/(Jj q-& - o Debra B. Feazell , City Manag Date ORDINANCE NO. 2006-� AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND DEBRA BROOKS FEAZELLE t FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW1 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 Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 11 day of iQ/y� /� , 2006. LA PORTE sy:nz Alton E. Porter, Mayor ATTEST: Martha A. Gillett City Secretary APPROVED: exl," 71 Clark T. Askins City Attorney A REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 11 2006 Requested By: Mayor Alton Porter Department: City Council Report: Resolution: Ordinance: X Exhibits: Appropriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO Exhibits: I I SUMMARY & RECOMMENDATION La Porte City Council to consider appointment of John Joerns as Interim City Manager and salary adjustment for additional responsibility. Action Required by Council: Approve ordinance appointing John Joerns as Interim City Manager. Approved for City Council Agenda Debra . Feazelle, ity Manage Date ORDINANCE NO. 2006- AN ORDINANCE APPOINTING JOHN JOERNS AS INTERIM CITY MANAGER] ADJUSTING COMPENSATION OF JOHN JOERNS DURING PERIOD SERVING AS INTERIM CITY MANAGER] FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWf 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 appoints John Joerns as Interim City Manager. Section 2. The City Council hereby agrees to adjust the I obo.uo existing compensation level of John Joerns, by el} ; 5alar 8 , Qar rnon4f- during the period in which he serves as Interim City Manager. 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 October 1, 2006, and it is so ordered. PASSED AND APPROVED, this jt� day of S e �• 2006. CTTY OF LA PORTE By. �`� �-2t Alton E. Porter, Mayor ATTEST: t tvad, Marth A. Gillett City Secretary APPROVED: Clark T. Askins Assistant City Attorney