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HomeMy WebLinkAbout2007-03-26 Regular Meeting of La Porte City Council 5 A MINUTES OF REGULAR MEETING OF THE LA PORTE CITY COUNCIL March 26, 2007 1. CALL TO ORDER The meeting was called to order by Mayor Alton Porter at 6:50 p.m. Members of City Council Present: Mayor Alton Porter, Council members Tommy Moser, Mike Clausen, Mike Mosteit, Louis Rigby, Barry Beasley, Howard Ebow and Chuck Engelken. Members of Council Absent: None Members of City Executive Staff and City Emplovees Present: Interim City Manager John Joerns, Assistant City Attorney Clark Askins, Parks and Recreation Director Stephen Barr, City Secretary Martha Gillett, Police Chief Richard Reff and Interim Finance Director Michael Dolby, Main Street Coordinator Debra Dye and City of La Porte Consultant Debra Feazelle. Others Present: Dottie Kaminski, John Handy, Trent Wise and other citizens. 2. Consider approving Minutes of the Regular Meeting, Public Hearding and Workshop Meeting of City Council held on March 19,2007. Motion was made bv Council member Chuck Engelken to approve the consent agenda as presented. Second by Council member Barry Beasley. Motion carried. Ayes: Mosteit, Moser, Engelken, Rigby, Beasley, Ebow, Clausen and Mayor Porter. Nays: None Abstain: Ebow. Absent: None 3. 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 address Council. 4. Administrative Reports Interim City Manager John Joerns provided Council with the following administrative reports. National Hot Rod Association and Show, March 29, 20076:00 p.m.-8:00 p.m. on Main Street, La Porte "Neighborhood Center" 2007 Gala April 12, 2007 6:30 p.m. at Sylvan Beach Pavilion, City Council Pre Budget Retreat, April 14, 2007, 2007 San Jacinto Day Festival, Battle Reenactment April, 21, 2007, Battle of San Jacinto Triathlon April 22, 2007 7:00 a.ill. and Sylvan Beach Day Parade and Festival April 28, 2007. 5. Council Comments City Council Regular Meeting - March 26, 2007 Page2 Mosteit, Rigby, and Porter had comments. 6. 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 - 551-072 (PROPERTY SALE OR EXCHANGE) and SECTION 551,071(2) (CONSULTATION WITH ATTORNEY) MEET WITH INTERIM CITY MANAGER, CITY ATTORNEYMUNICIPAL CONSULTANT/ADVISOR, MAIN STREET COORDINATOR FOR THE PURPOSE OF DELIBERATING THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY FOR MAIN STREET PROJECT DEVELOPMENT AND PROJECT LYNCH Council retired to Executive Session at 6:56 p.m. and returned to the Regular Meeting and reconvened at 7:19 p.m. 7. Council to consider approval or other action regarding a ordinance approving amendments to commercial contract improved property agreement between New Life Christian Fellowship of La Porte. Interim City Manager John Joerns and Consultant Debra Feazelle presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: Ordinance 2969 A- AN ORDINANCE APPROVING AMENDMENTS TO A COMMERCIAL CONTRACT IMPROVED PROPERTY AGREEMENT BETWEEN NEW LIFE CHRISTIAN FELLOWSHIP OF LA PORTE, SELLER, AND THE CITY OF LA PORTE, AS PURCHASER, ON THE OFFICE BUILDING AND RETAIL BUILDING LOCATED AT 908 AND 912 WEST MAIN STREET IN THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, 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 Councilmember Ebow to approve Ordinance 2969-A contingent that the City Attorney's Office approves final contract and remaining items have been satisfied as presented by Mr Joerns and Ms. Feazelle. Dye. Second by Council member Barry Beasley. The motion carried Ayes: Engelken, Mosteit, Clausen, Ebow, Beasley, and Porter. Nays: Rigby & Moser Abstain: None. City Council Regular Meeting - March 26, 2007 Page3 8. There being no further business to come before Council, the Special Called Regular Meeting was duly adjourned at p 7:27.m. ~fully submitted, . M.frth'~~ City Secretary Passed and approved on this 9th day of April 2007 lli-t-~t ~~- Mayor Alton E.Porter o REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 4/9/2007 Bud!!:et Requested By: Jeff Suggs Source of Funds: Department: ElIlergeury Mllullgellleut Account Number: Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Grant Award and notice Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION La Porte LEPC has received a grant to continue the public awareness regarding chemical and hazardous materials. The Hazardous Material Emergency Preparedness Grant (HMEPG) is awarded to LEPC's across the nation from the federal government administered through the State. The City of La Porte is the fiscal agent for the grant and reimburses the LEPC as needed for the local projects. The grant award this year is for $31,000 with the City/LEPC soft match of $6200. Action Required bv Council: Accept grant award for the LEPC HMEP grant. Date ~/O? DIVISION OF EMERGENCY MANAGEMENT Office of the Governor Mailing Address: PO Box 4087 Austin, Texas 78773-0220 Contact Numbers: 5]2-424-2138 Duty Hours 5 ]2-424-2277 Non-Duty Hours 5]2-424-2444 Fax Phvsical Address: 5805 N, Lamar Blvd, Austin, Texas 78752 STEVEN McCRAW Director Office of Homeland Security RICK PERRY Governor JACK COLLEY Chief February 16,2007 Jeff Suggs La Porte, Morgan's Point, Shoreacres County LEPC 604 West Fairmont Pkwy La Porte, Texas 77571 Dear Mr. Suggs: I am pleased to inform you that your Hazardous Materials Emergency Preparedness planning grant application to continue the Wally Wise Guy program, conduct new teacher training, instruction on how to deal with a hazmat incident and the children, and to conduct a full scale hazardous materials drill has been approved by the State Emergency Response Commission for an award of $31,000.00. This grant has been awarded based on the submitted La Porte, Morgan's Point, Shoreacres County LEPC application. You have until March 1, 2007 to accept this grant by having both copies of the grant contract signed by your fiscal agent and returned to the Governor's Division of Emergency Management, no later then 5:00 PM on March 1,2007. We will return one copy upon final execution by the State. You may submit bills for reimbursement of authorized expenditures monthly or as they are incurred; requests for reimbursement must be supported by copies of documentation such as cancelled checks, and/or receipts. All projects must be completed by September 15,2007. If you have any questions, please call the Training & Exercise Unit Supervisor, Comet Russell at (512) 424-2197. Page 1 of 10 Contract Number 07-DEM-LEPC- 8 AGREEMENT FOR HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS PLANNING GRANT STATE OF TEXAS COUNTY OF TRAVIS PARTIES Pursuant to the authority of TEXAS GOVERNMENT CODE 99 418.043 and 418.044 and/or 9 791.011, this agreement for a Hazardous Materials Emergency Preparedness Planning grant is made by and between the State of Texas, acting by and through the Texas Department of Public Safety, Governor's Division of Emergency Management, hereinafter called the "STATE," and La Porte. Moraan's Point. Shoreacres hereinafter referred to as the "CITIES," serving as a fiscal agent for the Cities of La Porte. Morqan's Point. Shoreacres Local Emergency Planning Committee (LEPC). WITNESSETH WHEREAS, the STATE has no programmed resources to implement this requirement of federal law; and WHEREAS, the STATE will receive funds from the United States Department of Transportation (DOT) to accomplish the tasks detailed in this agreement. AGREEMENT NOW, THEREFORE, the STATE and the CITIES in consideration of the mutual covenants and, agreements contained herein, do mutually agree as follows: The CITIES agrees to perform hazardous materials emergency preparedness planning activities in connection with the project as stated in the Articles to follow and outlined hereafter, and for having rendered such services, the STATE agrees to pay to the CITIES compensation for these services as set out in this agreement. All services performed under this agreement shall be performed under the supervision of the State Coordinator, Governor's Division' of Emergency Management (GDEM), represented by the Hazardous Materials Training Officer as the STATE project officer. Page 2 of 10 1. CONTRACT PERIOD This agreement shall become effective upon the date of final execution by the 8T A TE and shall be completed by August 31,2007 unless terminated in a manner defined herein. 2. SERVICES TO BE PROVIDED BY THE CITIES The CITIES shall: A. Complete the following project: The aoal of the LEPC is to update and support existina programs in our LEPC boundaries. To strenathen the Wallv Wise Guv Proaram and the LEPC will also host teacher traininas. The LEPC will also host a Safety Fair to educate those that visit and work in the area. Reinforcina the information for residents educated throuah mail outs and to test the success of the existina proarams. The LEPC will also conduct a functional exercise. B. Provide the STATE the following deliverables: 1) Monthly progress reports as outlined in Section 6 below. 2) Monthly financial reports as outlined in Section 6 below. 3) A final project report as outlined in Section 6 below, together with a copy of public education products. 4) A copy of any contract between Cities of La Porte, Moraan's Point. Shoreacres and any vendor for products or services related to the project as stated in Section 2 above. 3. SERVICES TO BE PROVIDED BY THE STATE The STATE shall provide planning assistance to the CITIES in the form of guidance so the CITIES can timely complete the deliverables listed above. 4. COMPENSATION AND METHOD OF PAYMENT A. The estimated total approved cost of the project which is the subject of this grant is: Thirtv one thousand dollars ($31,000.00) B. The maximum amount payable by the STATE under this agreement is: Twentv four thousand eiaht hundred dollars ($24.800.00) C. The CITIES shall provide a cash or soft match of at least 20% of the total project cost or at least: Six thousand two hundred dollars ($6.200.00) Page 3 of 10 The soft match may include any of the following expenses that are reasonable, allowable and allocable to the project. 1) Salaries, fringe benefits, per diem, housing, or travel expenses incurred by any person other than a government employee while attending training classes or involved in program activities. 2) Private contributions such as corporate contributions of facilities or services such as free classroom space. 3) Voluntary contributions such .as firefighter support, emergency personnel support, and the time of any LEPC member. 4) Equipment or facilities used for exercises, whether public or private. 5) Facility space necessary to conduct activities for the grant program. 6) University students volunteering time to aid in collection of data. D. To receive reimbursement for allowable costs, the CITIES shall submit as attachments to the monthly financial report an original and four copies of all invoices or receipts along with copies of canceled checks or other proof of payment for each invoice or receipt to the STATE for expenses paid by the CITIES during the month covered by the report. E. The CITIES shall furnish all equipment, materials and supplies required to perform the project, which is the subject of this grant. F. All payments to the CITIES shall be made when the CITIES, and a valid invoice or receipt pays expenses and proof of payment for each expense is submitted to the STATE. The total amount of the grant will be paid when all deliverables have been received and paid for by the CITIES. G. The STATE shall make payment to the CITIES within thirty (30) days from receipt of the CITIES reimbursable expenses, provided the request for payment is properly prepared, executed, and documented. H. The CITIES agrees to spend the average of the CITIES Local Emergency Planning Committee expenditure for planning activities for the past two years, in addition to the CITIES twenty percent (20%) cost match for this grant. Page 4 of 10 5. INITIATION OF PROJECT WORK The CITIES shall not begin the work outlined herein until final execution of this agreement by the STATE. 6. INSPECTION OF WORK AND PROGRESS REPORTING A. The CITIES shall, from time to time during progress of the work defined herein, confer with the STATE. The STATE's project officer has the right to inspect work being performed pursuant to this agreement in a manner that will not unduly delay the work. The CITIES shall prepare and present such information and data as may be pertinent and necessary or as may be requested by the STATE in order to evaluate the progress of the work to be performed by the CITIES. B. The CITIES project officer shall render required reports to the STATE's project officer, including: 1) Commencing with March 2007, monthly progress reports in the format outlined in Attachment 1 to this agreement. Reports should be dispatched not later than the 20th of the month following that which the progress report covers. 2) Commencing with March 2007, monthly financial reports, with supporting documentation, in the format outlined in Attachment 2 to this agreement. Reports should be mailed not later than the 20th of the month following that which the financial report covers. 3) Not later than September 15. 2007, a final project report, which shall summarize the work, performed on the project and accomplishments and a final financial report with all remaining invoices for reimbursement, supported by appropriate documentation of expenses. Monthly progress reports and the final project report may be submitted by mail, facsimile, or e-mail. Financial reports, which require original supporting documentation, and the final project report must be sent by mail or courier. 7. TERMINATION A. This agreement may be terminated by any of the following conditions: 1) By mutual agreement and consent of both parties. 2) By the STATE upon written notice to the CITIES as consequence of the CITIES failure to perform the services herein in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of the CITIES as determined in good faith and reasonable business judgment by the STATE. Page 5 of 10 3. By the STATE for reasons of it's own and not subject to the mutual consent of the CITIES upon not less than ten (10) days written notice to the CITIES. 4. By satisfactory completion of all services and obligations described herein. B. Should the STATE terminate this agreement as herein provided, no expenses except those due and payable at the time of termination shall thereafter be paid to the CITIES. Payment for the work at the time of termination shall be based upon work completed at that time. C. The termination of this agreement and payment of any amount in the settlement as prescribed herein shall extinguish all rights, duties, obligations and liabilities of the STATE and the CITIES under this agreement. 8. DISPUTES The CITIES shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the CITIES in support of this grant program. Any disputes concerning the work or obligations defined herein or additional costs, or any non-procurement issues shall be settled at the sole discretion of the Department of Public Safety. 9. INDEMNIFICATION To the extent authorized by the Constitution and Laws of the State of Texas the CITIES shall indemnify and hold harmless the STATE, its officers and employees from all third party claims for injury to, or death of, persons and damage to, or loss of, physical property directly due to activities of itself, its agents, contractors, officers or employees, performed under this agreement and which result from the negligence or willful misconduct of the CITIES or of any person employee by the CITIES. The CITIES shall also indemnify and hold harmless the STATE, its officers and employees from any and all expenses, including attorney fees, which might be incurred by the STATE, its officers and employees as a result of such activities by the CITIES, its agents, contractors, officers and employees. 10. COMPLIANCE WITH LAWS The CITIES shall comply with all federal, state and local laws, statutes, ordinances, rules, regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this agreement. Page 6 Of 10 11. ASSURANCES The CITIES assures that no person shall, on the grounds of race, creed, color, handicap, national origin, gender, political affiliation or beliefs, be excluded from, be denied benefit of, or be subject to discrimination under any program or activity funded in whole or in part under this agreement. Incorporated by reference the same as if specifically written herein are rules, regulations, and all other requirements imposed by law, including but not limited to compliance with those pertinent rules and regulations of the State of Texas and those of United States agencies providing funds to the State of Texas. To the extent it applies, CITIES/CITIES shall comply with Texas Government Code, Chapter 783, 1 TAC 5.141 et seq., and the Uniform Grant Management Standards, State Uniform Administrative Requirements for Grants and Cooperative Agreements, Section III, Subpart B, 9_.14 (Attached as "Attachment 3"). 12. AUDIT REQUIREMENTS The CITIES hereby agrees to comply with the requirements specified in the Single Audit Act, 31 U.S.C. 997500 et seq. (Supp.1999) (Public Law 104-156), as applicable. 13. WRITTEN MODIFICATION No modification or amendment to this Agreement shall become valid unless in writing and signed by both parties. 14. EQUAL EMPLOYMENT OPPORTUNITY The Grantee agrees to comply with all provisions of Executive Order No. 11246 (September 24, 1965), and of the rules, regulations, and relevant Orders of the Secretary of Labor. 15. RIGHTS IN DATA A. The term "subject data" as used in this agreement means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under this Agreement. The term includes graphic or pictorial delineations in media such as drawings or photographs; audio-visual recordings such as films or videotapes; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. 1) Examples of "subject data" include, but are not limited to: engineering drawings and associated' lists; specifications; standards; process sheets; manuals; technical reports; catalog item identifications; and related information. 2) The term does not include financial reports, costs analysis, and similar information incidental to program administration. Page 7 of 10 B. With respect to all subject data first produced in the performance of this Agreement, DOT reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: 1) Any work developed under the grant, sub-grant, or third party contract, irrespective of whether or not a copyright has been obtained; and 2) Any rights of copyright to which the Grantee, sub-grantee, or third-party contractor purchases ownership with DOT assistance. C. When DOT provides assistance to a Grantee for a program involving emergency planning and training, it is DOT's intent to increase the body of transportation knowledge, rather than to limit the benefit of the program to the parties to the agreement. Therefore, the Grantee that has received assistance to support research, financed under the Federal Hazardous Materials Transportation Law (49 U.S.C. Section 5101 et. seq.), understands and agrees that, in addition to the rights set forth in sub-section 15.8 of this Agreement, DOT may make available to any DOT Grantee, sub-grantee, sub-recipient, third-party contractor, or third party subcontractor, either DOT's license in the copyright to the "subject data" derived under this agreement. D. The Grantee must indemnify, save and hold harmless DOT, officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting form any willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under this agreement. E. Nothing contained in this clause implies a license to DOT under any patent or can be construed as affecting the scope of any license or other right otherwise granted to DOT under any patent. F. Subsections 15.B through 15.0 of this document are not applicable to material furnished to the Grantee by DOT and incorporated in the work furnished under the Agreement, provided that the Grantee identifies the incorporated material when the work is delivered. G. If the program, which is the subject of this agreement, is not completed, for any reason whatsoever, all data developed under that program becomes subject data as defined in Subsection 15.A of this Agreement and must be delivered as DOT may direct. H. The requirements of Subsections 15,A through 15.G of this document must be included in all third-party contracts of the Grantee under this program. Page 8 of 10 16. THE GRANTEE AGREES A. To comply with the provIsions of the Privacy Act of 1974, 5 U.S.C. 9 552a and, implementing regulations when performance under the program involves the design, development, or operation of any system of records on individuals to be operated by the Grantee, its third-party contractors, subcontractors, subgrantees, or their employees to accomplish a DOT function; B. To notify DOT when the Grantee or any of its third-party contractors, subcontractors, sub-grantees, sub-recipients, or their employees anticipate operating a system of records on behalf of DOT in order to implement the program, if such system contains information about an individual's name or other identifier assigned to the individual. The Grantee may not use a system of records subject to the Act in performing this Agreement until the necessary and applicable approval and publication requirements have been met. The Grantee, its third- party contractors, subcontractors, sub-grantees, and their employees agree to correct, maintain, disseminate, and use such records .in accordance with the terms of the Act, and to comply with all applicable terms of the Act; C. To include in every solicitation and in every third-party contract, sub-grant, when the performance of work under that proposed third-party contract, sub-grant or sub- agreement may involve the design, development, or operation of a system of records on individuals to be operated under that third-party contract, sub-grant, or to accomplish a DOT function, a Privacy Act notification informing the third party contractor, or sub- grantee, that it will be required to design, develop, or operate a system of records on individuals to accomplish a DOT function subject to the Privacy Act of 1974,5 U.S.C. 9 552a, and applicable DOT regulations, and that a violation of the ACT may involve the imposition of criminal penalties; and D. To include the text of subsections 16.A through 16.C in all third-party contracts, and sub- grants under which work for this Agreement is performed or which is awarded pursuant to this Agreement or which may involve the design, development, or operation of such a system of records on behalf of DOT. 17. DEBARMENT AND SUSPENSION The Grantee must obtain from its third-party contractors, subcontractors and sub grantees the certification required by 49 CFR Part 29. 18. FALSE OR FRADULENT STATEMENT OF CLAIMS The Program Fraud Civil Remedies found in 49 C.F.R. Part 31 apply to this program. The Grantee acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to DOT in connection with this program, DOT has the right to pursue and impose on the Grantee civil and criminal penalties. 19. The recipient agrees that it and its contractors, sub-contractors, employees, and representatives will comply with all applicable provisions of 49 CFR 48, 49 CFR Page 9 of 10 110, and any amendment to this agreement. 20. PROJECT OFFICERS The project officers for this agreement are: A. For the STATE: Name: Address: Telephone: Fax: E-mail: B. For the CITIES: Name: Address: Telephone: Fax: E-mail: Comet Russell Training & Exercise Unit Supervisor Governor's Division of Emergency Management Texas Department of Public Safety PO Box 4087 Austin, Texas 78773-0225 (512) 424-2197 (512) 424-5647 comet. russell@txdps.state.tx.us Jeff Suggs Cities of La Porte, Morgan's Point, Shoreacres 604 West Fairmont Pkwy La Porte, Texas 77571 (281) 471-3607 (281) 470-8523 suggs@laportetx.gov 21. SIGNATORY AUTHORITY The undersigned signatory for CITIES hereby represents and warrants that he/she is an officer of the organization for which he/she has executed this agreement, and that he/she has executed this agreement, and that he/she has full and complete authority to enter into this agreement on behalf of the CITIES. Page 10 of 10 IN TESTIMONY WHEREOF, the parties hereto have caused this agreement to be executed in duplicate effective the date of the last signature to this agreement. FOR THE STATE FOR THE CITIES Texas Department of Public Safety Nam f Agency Cities of La Porte, Moraan's Point & Shoreacres Name of Jurisdiction ~. Authorized gnature Jt# ~176S Printed Name Oscar Ybarra Printed Name Chief of Finance lIlte 3jt> / PJ Date / / MtL' Title $/RU/&7 Date Fiscal Year 2007 Hazardous Materials Emergency Preparedness Planning Grant ASSURANCES & CERTIFICATIONS Page 1 of 2 APPENDIX A CERTIFICATION DRUG FREE WORKPLACE ACT OF 1988 The recipient certifies that it will provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, course of a controlled substance is prohibited in the recipient's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing a drug-free awareness program to inform employees about: A. The dangers of drug abuse in the workplace: B. The recipient's policy of maintaining a drug-free workplace: C. Any available drug counseling, rehabilitation, and employee assistance programs; and D. The penalties that may be imposed on employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the project be given a copy of the statement required by paragraph (a); 4. Notifying each employee in the statement required by paragraph that, as a condition of employment under the award, the employee must: A. Abide by the terms of the statement; and B. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after such conviction; 5. Notifying the Award Official within 10 days after receiving notice under subparagraph (d) 2, from an employee or otherwise receiving actual notice of such conviction; 6. Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)2, with respect to any employee who is so convicted: A. Appropriate personnel action against such an employee, up to and including termination; or Page 2 of 2 B. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency: 7. Making a good-faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1,2, 3,4, 5, and 6. Place of Performance ~ t1 'f/ t:',./, );;,.e,n~Uf Street address L~IkIL CITIES, CITIES -a' '7- 7- s:?- I State, Zip Code < ~ /,;),3 It) 4- . Date Cities of La Porte, Moroan's Point. Shoreacres by: (Name of Grant Recipient) Page 1 of 1 APPENDIX B U.S. DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS TRAINING AND PLANNING GRANTS CERTIFICATION OF COMPLIANCE WITH GOVERNMENT-WIDE GUIDANCE ON LOBBYING RESTRICTIONS (31 U.S.C. 1352) The Cities of La Porte, Morqan's Point. Shoreacres (Grant Recipient) Certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Grant Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee or a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Grant Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The Grant Recipient shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 for such failure. Date -3/d)3 h 1- . , Cities of La Porte, Moraan's Point. Shoreacres (Name of Grant Recipient) by: (Signat Page 1 of 2 APPENDIX C ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 U.S. DEPARTMENT OF TRANSPORTATION The State of Texas (hereinafter referred to as the "Recipient") HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the Department of Transportation it will comply with Title VI of the Civil Rights Act of 1964,78 Stat. 252,42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the Act) and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A. Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance from the Department of Transportation, and HEREBY GIVE ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a)(1) of the Regulations. More specifically and without limiting the above general assurance, the Recipient hereby give the following specific assurance with respect to the project. 1. That the Recipient agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.239(b) of the Regulations, will be (with regard to a "program") conducted, or will be (with regard to "facility") operated in compliance with all requirements imposed by, or pursuant to, the Regulations. 2. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and, in adapted form in all proposals for negotiated agreements: The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, .78 State. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in regard to any Page 2 of 2 contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or national origin in consideration for an award. 3. That the Recipient shall insert the clauses of Appendix B of this assurance in every contract subject to the Act and the Regulations. 4. That this assurance obligates the Recipient for the period during which Federal financial assistance is extended to the project. 5. The Recipient shall provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he. delegates specific authority to give reasonable guarantee that it, other recipients, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance. 6. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, and Regulations, and this assurance. THIS ASSURANCE is given in considerations of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Recipient by the Department of Transportation and is binding on it, other recipients, sub-grantees, contractors, Sub-contractors, transferees, successors in interest and other participants in the Department of Transportation Program. The person or persons who signatures appear below are authorized to sign this assurance on behalf of the Recipients. Date 5/;23) 1- Cities of La Porte, Morqan's Point. Shoreacres (Name of Grant Recipient) by: (Signature Page 1 of 2 APPENDIX D ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 U.S. DEPARTMENT OF TRANSPORTATION During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Reoulations: The contractor shall comply with the Regulations to nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitation for Subcontracts. Includino Procurement of Materials and Eauipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The contractor shall provide all information and information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the State of Texas or the Research and Special Programs Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with nondiscrimination provisions of this contract, the State of Texas shall impose contract sanctions as it or the Research and Special Programs Administration may determine to be appropriate, including, but not limited to: Page 2 of 2 (a) withholding of payments to the contractor under the contract until the contractor complies; and/or (b) cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub- Contract or procurements as the State of Texas or the Research and Special Programs Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontract or supplier as a result of such direction, the contractor may request the State of Texas to enter into such litigation to protect the interests of the State of Texas, and, in addition the contractor may request the United States to enter into such litigation to protect the interests of the United States. ~d3~~ Date / Cities of La Porte. Moraan's Point. Shoreacres (Name of Grant Recipient) Page 1 of 2 APPENDIX E ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 U.S. DEPARTMENT OF TRANSPORTATION The following clauses shall be included in all deeds, licenses, permits, or similar instruments entered into by the State of Texas. The [grantee, licensee, lessee, permittee, etc., as appropriate] for herself/himself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that in the event facilities are constructed, maintained, or otherwise operation on the said property described in this [deed, license, lease, permit, etc.] for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the [grantee, licensee, lessee, permittee, etc.] shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination of Federally- Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. [Include in licenses, leases, permits, etc.]* That in the event of breach of the above nondiscrimination covenants, State of Texas shall have the right to terminate the [license, lease, permit, etc.] and to re-enter and repossess said land and the facilities thereon, and hold the same as if said [licenses, lease, permit, etc.] had never been made or issued. [Include in deeds]* That in the event of breach of any of the above nondiscrimination covenants, State of Texas shall have the right to re-enter said lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of State of Texas and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by State of Texas. The [grantee, licensee, lessee, permittee, etc., as appropriate] for herself/himself, his/her personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in case of deeds, and leases Page 2 of 2 add "as a covenant running with the land"] that (1) no person on the grounds of race, color, sex, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing services thereon, no person on the grounds of race, color, sex, or national origin shall be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination, and (3) that the [grantee, licensee, lessee, permittee, etc.] shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. [Include in deeds]* *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. 3/d3~:J- / / Cities of La Porte, Morgan's Point. Shoreacres (Name of Grant Recipient) by: ~./7 7 /'-;?-- - /-:?/ (Sign~"~f Authorized Official) Date Page 1 of 1 ATTACHMENT 1 HMEP PLANNING GRANT MONTHLY PROGRESS REPORT LEPC: Jurisdiction acting as fiscal agent: For the Month of: 1. Project Progress During the Month: (Should include a description of the work that has been performed, major purchases, if any, and an estimate of the percent of the project completed to date, For projects that involve multiple tasks, discuss each and indicate which tasks, if any, are complete,) 2. Problems Impeding Project & Actions Taken to Resolve Those Problems: 3. Planned Project Work for the Next Month: (Should include a description of work to be performed, major purchases planned, if any, For projects that involve multiple tasks, discuss each, 4, Estimated Project Completion Date: Signature of Local Project Officer Title of Local Project Officer Page 1 of 1 ATTACHMENT 2 MONTHLY FINANCIAL REPORT FORMAT HMEP PLANNING GRANT MONTHLY FINANCIAL REPORT LEPC: Jurisdiction acting as fiscal agent: For the Month of: 1. Project Cost (from Grant Agreement) 2, State Share (from Grant Agreement) 3. Local Match Share (from Grant Agreement) 4, Expenses previously submitted for State reimbursement $ $ $ $ 5, State reimbursement requested - this report $ Paid To Date Amount Purpose (An original and four copies of valid invoices or receipts and proof of payment for expenses (in the form of canceled checks, bills marked "paid in full", or other proof) must be attached to this report in order to receive state reimbursement for allowable expenses.) 6, Local match expenditures incurred (Local match may be a cash match or a soft match, which could be one or more of the following: A Salaries, fringe benefits, per diem, lodging, or travel expenses incurred by any person other than a government employee while attending training classes or involved in program activities, 8, Public or private contributions of goods, such as paper, or services, such as printing, at fair market value, C, Voluntary contributions of labor by either public or private employees, valued at their normal rate of pay. 0, Equipment used for exercises, whether public or private, valued at its normal rental rate. E. Facilities necessary to conduct activities for the grant program, valued at market lease rates, F, Students volunteering time, valued at prevailing minimum age.) 7, State Share balance (Line 2 - [4+5]) $ 8, Local Match Share balance (Line 3-6) $ Signature of Local Financial Officer Title of Local Financial Officer Page 1 of 3 ATTACHMENT 3 ~_.14 State of Texas Assurances (a) Scope. In addition to federal requirements, state law requires a number of assurances from applicants for federal pass-through or other state-appropriated funds. An attempt has been made below to list major state and federal assurances. Generally. not all of these assurances will be required for anyone grant. However. it is the applicant's responsibility to ensure that all assurances required by the awarding agency are submitted. The legal instrument for awarding state funds must be consistent with the standards prescribed herein; however, these standard conditions or assurances may be incorporated into contracts or grant agreements by reference rather than by being reproduced in their entirety. (1) RELATIVES. A sub grantee must comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affmity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. (2) PUBLIC INFORMATION. A subgrantee must insure that all information collected, assembled, or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. (3) OPEN MEETINGS. A subgrantee must comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. (4) CHILD SUPPORT PAYMENTS. A sub grantee must comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments, (5) HEALTH. HUMAN SERVICES, PUBLIC SAFETY OR LAW ENFORCEMENT AGENCY. If the subgrantee is a health, human services, public safety, or law enforcement agency, it will not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. (6) LAW ENFORCEMENT AGENCY. If the subgrantee is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701, it must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701, Texas Occupations Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. (7) ADMINISTRATION. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local subrecipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See Section _.36 for additional guidance on contract provisions). (8) SUSPECTED CHILD ABUSE. A subgrantee must comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subgrantees shall also ensure that all program personnel are properly trained and aware of this requirement. (9) NONDISCRIMINATION. Subgrantees will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as Page 2 of3 amended (20 U.S.c. ~~1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.c. ~794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. ~~6101-61O7), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) ~~523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. ~~290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. ~~3601 et seq,), as amended, relating to nondiscrimination in the sale, rental, or fmancing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and G) the requirements of any other nondiscrimination statute(s) which may apply to the application. (10) LABOR STANDARDS. Subgrantees will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.c. ~~276a to 276a-7), the Copeland Act (40 U.S.C. ~276c and 18 U.S.C. ~874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. ~~327-333), regarding labor standards for federally assisted construction subagreements. (11) DISPLACED PERSONS. Subgrantees will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. (12) POLITICAL ACTIVITY. Subgrantees will comply with the provisions of the Hatch Political Activity Act (5 U.S.C. ~p321-29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. (13) LABOR FAIR STANDARDS ACT. Subgrantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. (14) EPA VIOLATING FACILITIES. Subgrantees will insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EP A) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EP A Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EP A (EO 11738). (15) FLOOD INSURANCE. Subgrantees will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. (16) ENVIRONMENTAL STANDARDS. Subgrantees will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. ~~1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. ~~7401 et seq,); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (PL 93-205). (17) WILD AND SCENIC RIVERS. Subgrantees will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. ~~1271 et seq,) related to protecting components or potential components of the national wild and scenic rivers system. Page 3 of3 (18) HISTORIC PRESERVATION. Subgrantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 V.S.C. S470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. ss469a-l et seq.). (19) ANIMAL TREATMENT. Subgrantees will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 V.S.C. SS2131 et seq,) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. (20) LEAD-BASED PAINT. Subgrantees will comply with the Lead-Based Paint Poisoning Prevention Act (42 V.S.C. SS4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. (21) SMOKING PROHIBITION. Subgrantees will comply with Public Law 103-277, also lrnown as the Pro- Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. (22) TAXES. Subgrantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. (23) COMPLIANCE WITH REQUIREMENTS. Sub grantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. (24) INELIGIBLE APPLICANTS. The applicant certifies that is and its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at http://www.ep!s-gov. (25) HIV/AIDS. Subgrantees must adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. Date yl23/~ ~ ~,. />~ ,// -' /--- (Sigl)~fU're of Authorized Official) Cities of La Porte, Morqan's Point. Shoreacres (Name of Grant Recipient) by: / I Page 1 of 22 Contract Number 07-DEM-LEPC- 8 AGREEMENT FOR HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS PLANNING GRANT STATE OF TEXAS COUNTY OF TRAVIS PARTIES Pursuant to the authority of TEXAS GOVERNMENT CODE ~~ 418.043 and 418.044 and/or ~ 791.011, this agreement for a HazardoLJs Materials Emergency Preparedness Planning grant is made by and between the State of Texas, acting by and through the Texas Department of Public Safety, Governor's Division of Emergency Management, hereinafter called the "STATE," and La Porte. MorQan's Point, Shoreacres hereinafter referred to as the "COUNTY," serving as a fiscal agent for the La Porte. MorQan's Point. Shoreacres Local Emergency Planning Committee (LEPC). WITNESSETH WHEREAS, the STATE has no programmed resources to implement this requirement of federal law; and WHEREAS, the STATE will receive funds from the United States Department of Transportation to accomplish the tasks detailed in this agreement. AGREEMENT NOW, THEREFORE, the STATE and the COUNTY in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: The COUNTY agrees to perform hazardous materials emergency preparedness planning activities in' connection with the project as stated in the Articles to follow and outlined hereafter, and for having rendered such services, the STATE agrees to pay to the COUNTY compensation for these services as set out in this agreement. All services performed under this agreement shall be performed under the supervision of the State Coordinator, Governor's Division' of Emergency Management (GDEM), represented by the Hazardous Materials Training Officer as the STATE project officer. Page 2 of 22 1. CONTRACT PERIOD This agreement shall become effective upon the date of final execution by the 8T A TE and shall be completed by Auqust 31,2007 unless terminated in a manner defined herein. 2. SERVICES TO BE PROVIDED BY THE COUNTY The COUNTY shall: A. Complete the following project: The qoal of the LEPC is to update and support existinG proGrams in our LEPC boundaries. To strenqthen the Wally Wise GUY Proqram and the LEPC will host teacher traininGs. The LECP will also host a Safety Fair to educate those that visit and work in the area. ReinforcinG the information for residents educated throuGh mail outs and to test the success of the existinG proGrams, the LEPC will also conduct a functional drill. B. Provide the STATE the following deliverables: 1) Monthly progress reports as outlined in Section 6 below. 2) Monthly financial reports as outlined in Section 6 below. 3) A final project report as outlined in Section 6 below, together with a copy of public education products. 4) A copy of any contract between La Porte. MorGan's Point. Shoreacres and any vendor for products or services related to the project as stated in Section 2 above. 3. SERVICES TO BE PROVIDED BY THE STATE The STATE shall provide planning assistance to the COUNTY in the form of guidance so the COUNTY can timely complete the deliverables listed above. 4. COMPENSATION AND METHOD OF PAYMENT A. The estimated total approved cost of the project which is the subject of this grant is: Thirty one thousand dollars ($31,000.00) R The maximum amount payable by the STATE under this agreement is: Twenty four thousand eiGht hundred dollars ($24.800.00) C. The COUNTY shall provide a cash or soft match of at least 20% of the total project cost or at least: )( Six thousand two hundred dollars ($6.200,00) Page 3 of 22 The soft match may include any of the following expenses that are reasonable, allowable and allocable to the project 1) Salaries, fringe benefits, per diem, housing, or travel expenses incurred by any person other than a government employee while attending training classes or involved in program activities. 2) Private contributions such as corporate contributions of facilities or services such as free classroom space. 3) Voluntary contributions such ,as firefighter support, emergency personnel support, and the time of any LEPC member. 4) Equipment or facilities used for exercises, whether public or private. 5) Facility space necessary to conduct activities for the grant program, 6) University students volunteering time to aid in collection of data. D. To receive reimbursement for allowable costs, the COUNTY shall submit as attachments to the monthly financial report an original and four copies of all invoices or receipts along with copies of canceled checks or other proof of payment for each invoice or receipt to the STATE for expenses paid bY the COUNTY during the month covered by the report. E The COUNTY shall furnish all equipment, materials and supplies required to perform the project, which is the subject of this grant F. All payments to the COUNTY shall be made when the COUNTY, and a valid invoice or receipt pays expenses arid proof of payment for each expense is submitted to the STATE. The total amount of the grant will be paid when all deliverables have been received and paid for by the COUNTY. G. The STATE shall make payment to the COUNTY within thirty (30) days from receipt of the COUNTY's reimbursable expenses, provided the request for payment is properly prepared, executed, and documented. H. The COUNTY agrees to spend the average of the COUNTY's Local Emergency Planning Committee expenditure for planning activities for the past two years, in addition to the COUNTY's twenty percent (20%) cost match for this grant ";--.t. Page 4 of 22 5. INITIATION OF PROJECT WORK The COUNTY shall not begin the work outlined herein until final execution of this agreement by the STATE 6. INSPECTION OF WORK AND PROGRESS REPORTING A. The COUNTY shall, from time to time during progress of the work defined herein, confer with the STATE. The STATE's project officer has the right to inspect work being performed pursuant to this agreement in a manner that will not unduly delay the work. The COUNTY shall prepare and present such information and data as may be pertinent and necessary or as may be requested by the STATE in order to evaluate the progress of the work to be performed by the COUNTY. B. The COUNTY's project officer shall render required reports to the STATE's project officer, including: 1) Commencing with March 2007, monthly progress reports in the format outlined in Attachment 1 to this agreement. Reports should be dispatched not later than the 20th of the month following that which the progress report covers. 2) Commencing with March 2007. monthly financial reports, with supporting documentation, in the format outlined in Attachment 2 to this agreement. Reports should be mailed not later than the 20th of the month following that which the financial report covers. 3) Not later than September 15. 2007, a final project report, which shall summarize the work, performed on the project and accomplishments and a final financial report with all remaining invoices for reimbursement, supported by appropriate documentation of expenses. Monthly progress reports and the final project report may be submitted by mail, facsimile, or e-mail. Financial reports, which require original supporting documentation, and the final project report must be sent by mail or courier. 7. TERMINATION A. This agreement may be terminated by any of the following conditions: 1) By mutual agreement and consent of both parties. 2) By the STATE upon written notice to the COUNTY as consequence of the COUNTY's failure to perform the services herein in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of the COUNTY as determined in good faith and reasonable business judgment by the STATE. Page 5 of 22 3, By the STATE for reasons of it's own and not subject to the mutual consent of the COUNTY upon not less than ten (10) days written notice to the COUNTY- 4. By satisfactory completion of all services and obligations described herein. B. Should the STATE terminate this agreement as herein provided, no expenses except those due and payable at the time of termination shall thereafter be paid to the COUNTY. Payment for the work at the time of termination shall be based upon work completed at that time, C. The termination of this agreement and payment of any amount in the settlement as prescribed herein shall extinguish all rights, duties, obligations and liabilities of the STATE and the COUNTY under this agreement 8. DISPUTES The COUNTY shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the COUNTY in support of this grant program. Any disputes concerning the work or obligations defined herein or additional costs, or any non-procurement issues shall be settled at the sole discretion of the Department of Public Safety. 9. INDEMNIFICATION To the extent authorized by the Constitution and Laws of the State of Texas the COUNTY shall indemnify and hold harmless the STATE, its officers and employees from all third party claims for injury to, or death of, persons and damage to, or loss of, physical property directly due to activities of itself, its agents, contractors, officers or employees, performed under this agreement and which result from the negligence or willful misconduct of the COUNTY or of any person employee by the COUNTY. The COUNTY shall also indemnify and hold harmless the STATE, its officers and employees from any and all expenses, including attorney fees, which might be incurred by the STATE, its officers and employees as a result of such activities by the COUNTY, its agents, contractors, officers and employees. 10. COMPLIANCE WITH LAWS The COUNTY shall comply with a,lI federal, state and local laws, statutes, ordinances, rules, regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this agreement Page 6 Of 22 11. ASSURANCES The COUNTY assures that no person shall, on the grounds of race, creed, color, handicap, national origin, gender, political affiliation or beliefs, be excluded from, be denied benefit of, or be subject to discrimination under any program or activity funded in whole or in part under this agreement Incorporated by reference the same as if specifically written herein are rules, regulations, and all other requirements imposed by law, including but not limited to compliance with those pertinent rules and regulations of the State of Texas and those of United States agencies providing funds to the State of Texas, 12. AUDIT REQUIREMENTS The COUNTY hereby agrees to comply with the requirements specified in the Single Audit Act, 31 U,S.C. ~~ 7500 et seq. (Supp.1999) (Public Law 104-156), as applicable. 13. WRITTEN MODIFICATION No modification or amendment to this Agreement shall become valid unless in writing and signed by both parties. 14. EQUAL EMPLOYMENT OPPORTUNITY The Grantee agrees to comply with all provisions of Executive Order No. 11246 (September 24, 1965), and of the rules, regulations, and relevant Orders of the Secretary of Labor- 15. RIGHTS IN DATA A. The term "subject data" as used in this agreement means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under this Agreement The term includes graphic or pictorial delineations in media such as drawings or photographs; audio-visual recordings such as films or videotapes; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. 1) Examples of "subject data" include, but are not limited to: engineering drawings and associated' lists; specifications; standards; process sheets; manuals; technical reports; catalog item identifications; and related information. 2) The term does not include financial reports, costs analysis, and similar information incidental to program administration, B. With respect to all subject data first produced in the performance of this Page 7 of 22 Agreement, DOT reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: 1) Any work developed under the grant, sub-grant, or third party contract, irrespective of whether or not a copyright has been obtained; and 2) Any rights of copyright to which the Grantee, sub-grantee, or third-party contractor purchases ownership with DOT assistance, C. When DOT provides assistance to a Grantee for a program involving emergency planning and training, it is DOT's intent to increase the body of transportation knowledge, rather than to limit the benefit of the program to the parties to the agreement. Therefore, the Grantee that has received assistance to support research, financed under the Federal Hazardous Materials Transportation Law (49 U.S.C, Section 5101 et. seq,), understands and agrees that, in addition to the rights set forth in sub-section 15,8 of this Agreement, DOT may make available to any DOT Grantee, sub-grantee, sub-recipient, third-party contractor, or third party subcontractor, either DOT's license in the copyright to the "subject data" derived under this agreement. 0: The Grantee must indemnify, save and hold harmless DOT, officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting form any willful or intentional violation by the Grantee of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under this agreement. E. Nothing contained in this clause implies a license to DOT under any patent or can be construed as affecting the scope of any license or other right otherwise granted to DOT under any patent. F. Subsections 15-8 through 15.0 of this document are not applicable to material furnished to the Grantee by DOT and incorporated in the work furnished under the Agreement, provided that the Grantee identifies the incorporated material when the work is delivered. G. If the program, which is the subject of this agreement, is not completed, for any reason whatsoever, all data developed under that program becomes subject data as defined in Subsection 15-A of this Agreement and must be delivered as DOT may direct. H. The requirements of Subsections 15-A through 15,G of this document must be included in all third-party contracts of the Grantee under this program. Page 8 of 22 16. THE GRANTEE AGREES A To comply with the provisions of the Privacy Act of 1974, 5 U.S.C, ~ 552a and, implementing regulations when performance under the program involves the design, development, or operation of any system of records on individuals to be operated by the Grantee, its thir<:I~party contractors, subcontractors, subgrantees, or their employees to accomplish a DOT function; B. To notify DOT when the Grantee or any of its third-party contractors, subcontractors, sub-grantees, sub-recipients, or their employees anticipate operating a system of records on behalf of DOT in order to implement the program, if such system contains information about an individual's name or other identifier assigned to the individual. The Grantee may not use a system of records subject to the Act in performing this Agreement until the necessary and applicable approval and publication requirements have been met. The Grantee, its third-party contractors, subcontractors, sub-grantees, and their employees agree to correct, maintain, disseminate, and use such records .in accordance with the terms of the Act, and to comply with all applicable terms of the Act; C. To include in every solicitation and in every third-party contract, sub-grant, when the performance of work under that proposed third-party contract, sub-grant or sub-agreement may involve the design, development, or operation of a system of records on individuals to be operated under that third-party contract, sub- grant, or to accomplish a DOT function, a Privacy Act notification informing the third party contractor, or sub-grantee, that it will be required to design, develop, or operate a system of records on individuals to accomplish a DOT function subject to the Privacy Act of 1974,5 U.S,C. ~ 552a, and applicable DOT regulations, and that a violatib'r;' of,the ACT may involve the imposition of criminal penalties; and D. To include the text of subsections 16-A through 16,C in all third-party contracts, and sub-grants under which work for this Agreement is performed or which is awarded pursuant to this Agreement or which may involve the design, development, or operation of such a system of records on behalf of DOT. 17. DEBARMENT AND SUSPENSION The Grantee must obtain form its third-party contractors, subcontractors and sub grantees the certification required by 49 CFR Part 29. 18. FALSE OR FRADULENT STATEMENT OF CLAIMS The Program Fraud Civil Remedies found in 49 CFR Part 31 apply to this program. The Grantee acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to DOT in connection with this program, DOT has the right to pursue and impose on the Grantee civil and criminal penalties. 19. The recipient agrees that it and its contractors, sub-contractors, employees, and representatives will comply with all applicable provisions of 49 CFR 48, 49 CFR Page 9 of 22 110, and any amendment to this agreement 20. PROJECT OFFICERS The project officers for this agreement are: A. For the STATE: Name: Address: Telephone: Fax: E-mail: Comet Russell Training & Exercise Unit Supervisor Governor's Division of Emergency Management Texas Department of Public Safety PO Box 4087 Austin, Texas 78773-0225 (512) 424-2197 (512) 424-5647 comet russell@txdps.state,tx,us B. For the COUNTY: Name: Address: Telephone: Fax: E-mail: Jeff Suggs La Porte, Morgan's Point, Shoreacres Grant Manager 604 West Fairmont Pkwy La Porte, Texas 77571 (281) 471-3607 (281) 470-8523 suggs@laportetx,gov 21. SIGNATORY AUTHORITY The undersigned signatory for COUNTY hereby represents and warrants that he/she is an officer of the organization for which he/she has executed this agreement, and that he/she has executed this agreement, and that he/she has full and complete authority to enter into this agreement on behalf of the COUNTY. I I , r ~ r !I Page 10 of 22 IN TESTIMONY WHEREOF, the parties hereto have caused this agreement to be executed in duplicate effective the date of the last signature to this agreement. FOR THE STATE FOR THE COUNTY Authorized Signature ~~~g Texas Department of Public Safety Name of Agency BY Oscar Ybarra Printed Name Chief of Finance Title ~/l-qe..R ( 0 Date Page 11 of 22 Fiscal Year 2007 Hazardous Materials Emergency Preparedness Planning Grant ASSURANCES & CERTIFICA TIONS Page 12 of 22 APPENDIX A CERTIFICATION DRUG FREE WORKPLACE ACT OF 1988 The recipient certifies that it will provide a drug-free workplace by: 1, Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, course of a controlled substance is prohibited in the recipient's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing a drug-free awareness program to inform employees about: A. The dangers of drug abuse in the workplace: B. The recipient's policy of maintaining a drug-free workplace: c. Any available drug counseling, rehabilitation, and employee assistance programs; and D. The penalties that may be imposed on employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the project be given a copy of the statement required by paragraph (a); 4. Notifying each employee in the statement required by paragraph that, as a condition of employment under the award, the employee must: A. Abide by the terms of the statement; and B. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after such conviction; 5, Notifying the Award Official within 10 days after receiving notice under subparagraph (d) 2, from an employee or otherwise receiving actual notice of such conviction; 6. Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)2, with respect to any employee who is so convicted: A. Appropriate personnel action against such an employee, up to and including ,termination; or Page 13 of22 B. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency: 7. Making a good-faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1,2, 3,4, 5, and 6. Place of Performance ~~~. 4/~cwl- ~5 :;;unty 115 7-1 State, Zip Code ;/lft?- A :4IJj~ f Stree~ ~ tt by: Page 14 of 22 APPENDIX B U.s. DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS TRAINING AND PLANNING GRANTS CERTIFICATION OF COMPLIANCE WITH GOVERNMENT-WIDE GUIDANCE ON LOBBYING RESTRICTIONS (31 U.S.C. 1352) The La Porte. Morqan's Point. Shoreacres LEPC (Grant Recipient) Certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Grant Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee or a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Grant Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The Grant Recipient shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 for such failure. Date i~Y La Porte, Morqan's Point. Shoreacres LEPC (Name of Grant Recipient) by: (Si n Page 15 of22 APPENDIX C ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 U.S. DEPARTMENT OF TRANSPORTATION The State of Texas (hereinafter referred to as the "Recipient") HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the Department of Transportation it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S,C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the Act) and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A. Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance from the Department of Transportation, and HEREBY GIVE ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21 ,7(a)(1) of the Regulations, More specifically and without limiting the above general assurance, the Recipient hereby give the following specific assurance with respect to the project. 1. That the Recipient agrees that each "program" and each "facility" as defined in subsections 21,23(e) and 21.239(b) of the Regulations, will be (with regard to a "program") conducted, or will be (with regard to "facility") operated in compliance with all requirements imposed by, or pursuant to, the Regulations, 2. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and, in adapted form in all proposals for negotiated agreements: The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, ,78 State. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in regard to; any Page 16 of 22 contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex or national origin in consideration for an award, 3, That the Recipient shall insert the clauses of Appendix B of this assurance in every contract subject to the Act and the Regulations. 4. That this assurance obligates the Recipient for the period during which Federal financial assistance is extended to the project 5, The Recipient shall provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he. delegates specific authority to give reasonable guarantee that it, other recipients, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance, 6. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, and Regulations, and this assurance. THIS ASSURANCE is given in considerations of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Recipient by the Department of Transportation and is binding on it, other recipients, sub-grantees, contractors, Sub-contractors, transferees, successors in interest and other participants in the Department of Transportation Program. The person or persons who signatures appear below are authorized to sign this assurance on behalf of the Recipients. Date La Porte, Morqan's Point Shoreacres LEPC by (Name of Grant Recipient) Page 17 of22 APPENDIX D ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 U.S. DEPARTMENT OF TRANSPORTATION During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Requlations: The contractor shall comply with the Regulations to nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitation for Subcontracts. Includinq Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's'obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The contractor shall provide all information and information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the State of Texas or the Research and Special Programs Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with nondiscrimination provisions of this contract, the State of Texas shall impose contract sanctions as it or the Research and Special Programs Administration may determine to be appropriate, including, but not limited to: Page 18 of 22 (a) withholding of payments to the contractor under the contract until the contractor complies; and/or (b) cancellation, termination, or suspension of the contract, in whole or in part 6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub- Contract or procurements as the State of Texas or the Research and Special Programs Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontract or supplier as a result of such direction, the contractor may request the State of Texas to enter into such litigation to protect the interests of the State of Texas, and, in addition the contractor may request the United States to enter into such litigation to protect the interests of the United States. -;/1/;- Date . y/ jJtWtL5 U/c (Signat Page 19 of 22 APPENDIX E ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 u.S. DEPARTMENT OF TRANSPORTATION The following clauses shall be included in all deeds, licenses, permits, or similar instruments entered into by the State of Texas. The [grantee, licensee, lessee, permittee, etc., as appropriate] for herself/himself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add lias a covenant running with the land"] that in the event facilities are constructed, maintained, or otherwise operation on the said property described in this [deed, license, lease, permit, etc.] for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the [grantee, licensee, lessee, permittee, etc.] shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination of Federally- Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. [Include in licenses, leases, permits, etc,]* That in the event of breach of the above nondiscrimination covenants, State of Texas shall have the right to terminate the [license, lease, permit, etc,] and to re-enter and repossess said land and the facilities thereon, and hold the same as if said [licenses, lease, permit, etc.] had never been made or issued, [Include in deeds]* That in the event of breach of any of the above nondiscrimination covenants, State of Texas shall have the right to re-enter said lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of State of Texas and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by State of Texas, The [grantee, licensee, lessee, permittee, etc., as appropriate] for herself/himself, his/her personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in case of deeds, and leases Page 20 of 22 add "as a covenant running with the land"] that (1) no person on the grounds of race, color, sex, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing services thereon, no person on the grounds of race, color, sex, or national origin shall be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination, and (3) that the [grantee, licensee, lessee, permittee, etc.] shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. [Include in deeds]* *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. UI[ by: (Sign Page 21 of 22 HMEP PLANNING GRANT MONTHLY PROGRESS REPORT LEPC: Jurisdiction acting as fiscal agent: For the Month of: 1. Project Progress During the Month: (Should include a description of the work that has been performed, major purchases, if any, and an estimate of the percent of the project completed to date. For projects that involve multiple tasks, discuss each and indicate which tasks, if any, are complete,) 2. Problems Impeding Project & Actions Taken to Resolve Those Problems: 3, Planned Project Work for the Next Month: (Should include a description of work to be performed, major purchases planned, if any, For projects that involve multiple tasks, discuss each, 4, Estimated Project Completion Date: Signature of Local Project Officer Title of Local Project Officer Page 22 of 22 ATTACHMENT 2 MONTHLY FINANCIAL REPORT FORMAT HMEP PLANNING GRANT MONTHLY FINANCIAL REPORT LEPC: Jurisdiction acting as fiscal agent: For the Month of: 1. Project Cost (from Grant Agreement) 2, State Share (from Grant Agreement) 3, Local Match Share (from Grant Agreement) 4, Expenses previously submitted for State reimbursement $ $ $ $ 5, State reimbursement requested - this report $ Paid To Date Amount Purpose (An original and four copies of valid invoices or receipts and proof of payment for expenses (in the form of canceled checks, bills marked "paid in full", or other proof) must be attached to this report in order to receive state reimbursement for allowable expenses,) 6, Local match expenditures incurred (Local match may be a cash match or a soft match, which could be one or more of the following: A Salaries, fringe benefits, per diem, lodging, or travel expenses incurred by any person other than a government employee while attending training classes or involved in program activities, 8, Public or private contributions of goods, such as paper, or services, such as printing, at fair market value, C, Voluntary contributions of labor by either public or private employees, valued at their normal rate of pay. D. Equipment used for exercises, whether public or private, valued at its normal rental rate. E, Facilities necessary to conduct activities for the grant program, valued at market lease rates, F, Students volunteering time, valued at prevailing minimum age,) 7. State Share balance (Line 2 :... [4+5]) $ 8, Local Match Share balance (Line 3-6) $ Signature of Local Financial Officer Title of Local Financial Officer F REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 9, 2007 Requested By: Michael Dolby M.~ Department: Finance Report: Resolution: Ordinance: xx Exhibits: Ordinance 2006-2918-E Budgeted Item: YES NO Exhibits: Excerpt from FY 2007 Adopted Budget & Amended Budget (Exhibit A & B) Source of Funds: NI A Appropriation Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Exhibits: Explanations I Backup for Amendment SUMMARY & RECOMMENDATION The City Council adopted the Fiscal Year 2006-07 Budget on September 11,2006. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2006-07 Budget. (*denotes funds with current changes) 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 2005 Certificate of Obligation Bond Fund 2005 General Obligation Bond Fund 2006 Certificate of Obligation Bond Fund General Debt Service Utility Debt Service La Porte Area Water Authority Debt Service Total of All Funds Previously Original Budget Amended Budget $ 28,245,299 347,491 454,346 138,000 832,180 36,720 6,798,512 208,360 190,248 1,631,110 1,193,500 1,457,154 4,376,091 1,289,149 402,950 1,230,000 330,000 6,000 170,000 675,000 459,400 260,000 2,798,294 494,328 760,700 $ 54,784,832 $ 28,463,598 832,027 470,916 156,500 907,180 36,720 6,853,636 211,897 190,248 1,631,110 1,213,779 1,474,557 4,379,091 1,301,700 448,304 1,244,337 330,000 6,000 170,000 675,000 459,400 390,000 2,798,294 494,328 760,700 $ 55,899,322 Proposed Amended Budget $ 28,463,598 863,027 * 470,916 156,500 907,180 36,720 6,853,636 211,897 190,248 1,631,110 1,213,779 1,474,557 4,379,091 1,301,700 448,304 1,244,337 330,000 6,000 170,000 675,000 459,400 390,000 2,798,294 494,328 760,700 $ 55,930,322 Action Required bv Council: A. Adopt Ordinance Amending Fiscal Year 2006-07 Budget for the Grant Fund by $31,000 for the award of the LEPC Hazardous Materials Emergency Preparedness planning grant. Date f)t /07 ORDINANCE NO. 2006-2918-E AN ORDINANCE APPROVING AN AMENDMENT TO 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 a summary of which is attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget summary document, attached hereto by reference as Exhibit "B", 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 qI- day of {lon I ,2007. I U:I~ LA ~~JEXAS ~G.-\, ~ \ Alton Porter, Mayor ATTEST: ;j](}jjj fL Ii lA.U Martha Gillett, City Secretary APP. R~ { -r~ Clark Askins, Assistant City Attorney EXHIBIT A (ORIGINAL BUDGET) City of La Porte Consolidated Summary of AIl Funds Working Working Capital FY 06-07 FY 06-07 Capital 09130/06 Revenues Expenses 09/30/07 Governmental Fund Types: Genera] Fund 9,634,199 28,163,288 28,245,299 9,552,188 Grant Fund 374,900 347,491 347,491 374,900 HoteVMotel Occupancy Tax 336,927 334,500 454,346 217,08] Community Investment 634,075 180,809 138,000 676,884 Section 4B Sales Tax 3,788,056 1,340,886 832,] 80 4,296,762 Tax Incrernent Reinvestment ] 7],304 46,280 36,720 ] 80,864 Tota] Governmental Types 14,939,46] 30,413,254 30,054,036 ]5,298,679 Enterprise: Utility 42,176 7,503,54 ] 6,798,512 747,205 Sylvan Beach 129,038 208,360 208,360 129,038 Airport 337,875 45,228 190,248 192,855 La Porte Area Water Authority 1,687,721 1,344,916 1,63 ],110 1,401,527 Golf Course (57,847) 1,193,500 1,193,500 (57,847) Total Enterprise 2,138,963 10,295,545 10,021,730 2,412,778 Internal Service Motor Pool 2,016,5] I ] ,853,966 ],457,]54 2,413,323 Insurance Fund 847,924 4,478,020 4,376,09] 949,853 Technology Fund 869,776 ],051,699 1,289,]49 632,326 Total Internal Service 3,734,211 7,383,685 7,]22,394 3,995,502 Capital Improvement: General 290,392 245,000 402,950 ]32,442 Utility ],722,]52 644,070 1,230,000 ],136,222 Sewer Rehabilitation 31,400 315,000 330,000 ]6,400 1998 GO Bond Fund 6,000 6,000 2000 GO Bond Fund 174,607 ] 70,000 4,607 2002 GO Bond Fund (23,62] ) 24,000 379 2004 C/O Bond Fund 1,268,081 50,000 ] ,318,08] 2005 C/O Bond Fund 802,453 20,000 675,000 147,453 2005 GO Bond Fund 457,947 50,000 459,400 48,547 2006 C/O Bond Fund ]6],903 100,000 260,000 1,903 2006 GO Bond Fund 4,000 12,000 ]6,000 Other Infrastructure 657,8]9 41,500 699,3]9 Total Capita] Improvement 5,547,133 1,507,570 3,533,350 3,52],353 Debt Service: General 1,702,319 2,697,580 2,798,294 1,601,605 Utility 1,111,540 50,000 494,328 667,212 La Porte Area Water Authority 760,700 760,700 Total Debt Service 2,813,859 3,508,280 4,053,322 2,268,817 Total All Funds 29,173,627 53,]08,334 54,784,832 27,497,129 EXHIBIT B (AMENDED BUDGET) City of La Porte Consolidated Summary of All Funds Working Working Capital FY 06-07 FY 06-07 Capital 09/30/06 Revenues Expenses 09/30/07 Governmental Fund Types: General Fund 9,634,199 28,163,288 28,463,598 9,333,889 Grant Fund 374,900 863,027 863,027 374,900 HoteVMotel Occupancy Tax 336,927 336,709 470,916 202,720 Community Investment 634,075 180,809 156,500 658,384 Section 4B Sales Tax 3,788,056 1,340,886 907,180 4,221,762 Tax Increment Reinvestment 171,304 46,280 36,720 180,864 Total Governmental Types 14,939,461 30,930,999 30,897,941 14,972,519 Enterprise: Utility 42,176 7,558,065 6,853,636 746,605 Sylvan Beach 129,038 211,897 211,897 129,038 Airport 337,875 45,228 190,248 192,855 La Porte Area Water Authority 1,687,721 1,344,916 1,631,110 1,401,527 Golf Course (57,847) 1,213,779 1,213,779 (57,847) Total Enterprise 2,138,963 10,373,885 10,100,670 2,412,178 Internal Service Motor Pool 2,016,511 1,871,369 1,474,557 2,413,323 Insurance Fund 847,924 4,580,585 4,379,091 1,049,418 Technology Fund 869,776 1,059,450 1,301,700 627,526 Total Internal Service 3,734,211 7,511,404 7,155,348 4,090,267 Capital Improvement: General 290,392 290,354 448,304 132,442 Utility 1,722,152 644,070 1,244,337 1,121,885 Sewer Rehabilitation 31,400 315,000 330,000 16,400 1998 GO Bond Fund 6,000 6,000 2000 GO Bond Fund 174,607 170,000 4,607 2002 GO Bond Fund (23,621) 24,000 379 2004 C/O Bond Fund 1,268,081 50,000 1,318,081 2005 C/O Bond Fund 802,453 20,000 675,000 147,453 2005 GO Bond Fund 457,947 50,000 459,400 48,547 2006 C/O Bond Fund 161,903 230,000 390,000 1,903 2006 GO Bond Fund 4,000 12,000 16,000 Other Infrastructure 657,819 41,500 699,319 Total Capital Improvement 5,547,133 1,682,924 3,723,041 3,507,016 Debt Service: General 1,702,319 2,697,580 2,798,294 1,60 I ,605 Utility 1 ,111,540 50,000 494,328 667,212 La Porte Area Water Authority 760,700 760,700 Total Debt Service 2,813,859 3,508,280 4,053,322 2,268,817 Total All Funds 29,173,627 54,007,492 55,930,322 27,250,797 G REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 04/09/2007 Appropriation Requested By: Ray Nolen Source of Funds: General Fund Department: EMS Account Number: 00150595225005 Report: Resolution: Ordinance: xxx Amount Budgeted: $8,400.00 Exhibits: Contract with Medical Director Amount Requested: $8,40000 Exhibits: COpy of Ordinance Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION This is an annual contract between Dr. O. Boultinghouse and The City of La Porte to serve as medical director for the EMS division. This contract renewal starting October 1,2006 is over due for Council Approval due to Dr. Boultinghouse's wife falling ill during the ladder months of 2006 and regretfully passing away in late January 2007. Dr. Boultinghouse continued to be compensated monthly from budgeted funds during this period that a contract renewal had not been processed. Dr. Boultinghouse has been the EMS medical director for the City of La Porte for several years. He has done an outstanding job in that capacity. His responses to EMS needs are timely and high quality. There are no changes from the previous years contract. Recommend that council approve contract. Action Required bv Council: Consider approving an ordinance authorizing the City Manager to execute a contract with Dr. <>sear Boultinghouse, M.D., Medical Director for the City of La Porte EMS Division. A if7 ORDINANCE NO. 2007- c9.-CJ fD AN ORDINANCE APPROVtNG AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND DR. OSCAR BOULTINGHOUSE, M.D., TO SERVE AS MEDICAL DIRECTOR OF THE DEPAR'l'MBNT OF EMERGENCY MEDICAL SERVICES OF THE CITY OF LA PORTE, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2 . The City Council of the City of La Porte officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subj ect 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. 2007- ~ PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 9th day of April, 2007 By: ATTEST: ~u-lg~ Secretary APPROVED: ~7~-/~r Knox W. Askins, City Attorney Cll~L~~ Alton E. Porter, Mayor CONTRACT FOR MEDICAL DIRECTOR DIVISION OF EMERGENCY MEDICAL SERVICES CITY OF LA PORTE, TEXAS This Contract entered into this the 1 st day of October, 2006, by and between the City of La Porte, Texas, a municipal corporation (hereinafter called "City") acting by and through it's duly authorized City Manager, and Dr. Oscar Boultinghouse, M.D., (hereinafter sometimes called "Dr. Boultinghouse"), WITNESSETH: WHEREAS, there is a recognized need to provide high quality emergency medical services and related medical care in the City of La Porte, Texas; and WHEREAS, the City desires to provide medical direction for its Division of Emergency Medical Services through the use of a licensed physician; and WHEREAS, the City desires to contract with Dr. Boultinghouse to serve as Medical Director for the Division of Emergency Medical Services of the City and Dr. Boultinghouse is willing to serve as Medical Director under the terms and conditions stated herein; NOW, THEREFORE, in consideration of the premises, the agreements herein contained and other and valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: Page 1 1. MEDICAL DIRECTOR: Dr. Boultinghouse hereby contracts with the City as an independent contractor to serve as Medical Director of the Division of the Emergency Medical Services of the City (the "Medical Director") for the term stated below. II. RESPONSIBILITIES AND AUTHORITY OF MEDICAL DIRECTOR: The responsibilities and authority of the Medical Director shall be as follows: A. General (1) Ultimate responsibility for all medical issues concerning the City Division of Emergency Medical Services. (2) The authority to make decisions affecting all medical aspects of the City Division of Emergency Medical Services. (3) Being responsible to but not governed by the EMS Chief of the City of La Porte. (4) Inspect, evaluate and make recommendations regarding medical equipment purchased by the City Division of Emergency Medical Services. B. Education Responsibility for developing, implementing and participating in continuing education and recertification programs for paramedics employed by the City. C. Evaluation (1) Responsibility for devising a system of ongoing review and education of paramedic services rendered by the City Division of Emergency Medical Services and providing rapid feedback to the paramedics. Page 2 D. Personnel (1) Ultimate responsibility for evaluating the competency of all paramedics employed by the City. The Medical Director shall have the authority to revoke any paramedics from their authorization to utilize protocols/standing orders. (2) All paramedics employed by the City must be cleared by the Medical Director before being permitted to provide emergency medical services to the public. E. Community Liaison (1) Provide liaison with the medical community; respond to questions from physicians about the City Division of Emergency Medical Services. (2) Provide public information as necessary about the medical aspects of emergency medical services provided by the City Division of Emergency Medical Services; respond to medical questions from the media and the public. (3) Make appearances as reasonably necessary to educate those using the emergency medical system about its function. F. Protocols/Standing Orders Develop and revise standing orders to be used by paramedics in the field, monitor their use and make adjustments based on experience with these standing orders. G. The Medical Director shall devote such of their time as is reasonably needed to fulfill the responsibilities and duties of the Medical Director of the City Division of Emergency Medical Services under the terms of this Contract. It is understood that the Medical Director will continue to engage in private medical practice while not performing duties under this Contract. Page 3 III. Term - The term of this Contract shall be for a period commencing as the date hereof and ending on the 30th day of September, 2007 or if sooner, with the first to occur of the following: A. The death of Dr. Boultinghouse; or B. Thirty (30) days following written notice by the City or by Dr. Boultinghouse; provided, however, that prior to any written notice of termination under this Section 3B by the City because of dissatisfaction with Dr. Boultinghouse's performance as Medical Director under this Contract, the City shall convene a meeting pursuant to written notice to the Medical Director setting forth the basis for such dissatisfaction. At the meeting, which shall be held no sooner than fifteen (15) days following such written notice, the parties shall attempt to resolve any disagreements and conflicts. IV. Insurance - Throughout the term of this Contract, the City shall provide the Medical Director with a policy on the minimwn limits of three million dollars ($3,000,000.00) per occurrence and six million dollars ($6,000,000.00) annual aggregate which covers the performance of their administrative duties as Medical Director. The insurance policy shall provide that the City and the Medical Director shall be given thirty (30) days written notice prior to any cancellation of this insurance. V. Compensation - In consideration for rendering the services of Medical Director under the terms of this Contract, the City shall pay aggregate compensation at a twelve month rate of Eight Thousand Four Hundred Dollars ($8,400.00). Page 4 VI. Independent Contractor - This Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture, since the intent is that Dr. Boultinghouse shall be an independent contractor with the City. No party hereto shall hold himself or itself out or act as an agent of any other party with respect to third parties in any way. VII. Governing Law - This Contract shall be governed in accordance with the laws of the State of Texas and shall be performable in Harris County, Texas. IN WITNESS WHEREOF, Dr. Boultinghouse and the duly authorized representative of the City of La Porte have executed this Contract as of the date and year fIrst above written. CITY OF LA PORTE DIVISION OF EMERGENCY MEDICAL SERVICES r,Q Dr. Os ar Boultinghouse, M.D. Harris County, Texas ft/01 { 3)00)07 Date I I Date Page 5 I REQUEST FOR CITY COUNCIL AGENDA ITEM AoDropriation Agenda Date Requested: Requested By: ofPunds: Fund 47 Department: Acc't Number; 047~9892~924~1100 Report: _Resolution: _Ordinance: .1L- Amount Budgeted: N/A Exhibits: Ordinance Requested: N/A Exhibits: Interlocal AJueement Budgeted Item: YES X NO Exhibits: SUMMARY & RECOMMENDATION At a recent Council meeting the CO\U1ciI gave direction to move forward with the proposed Joint Venture Youth Sports COJ:ll>lex with the City of Pasadena, with plans for two Interlocal Agreements, or" ~o establish a contract for design services for the project, and a second one to provide a platfonn for construction and qx:rations. With that direction, staff has worked with the Pasadena staff to develop the first Interloca1 Agreement for design, presented here for your consideration. The agreement provides a procedure for establishing a design services contract. Pasadena, as the lead agency, will administer the project. Once the contract has been negotiated and fees agreed upon by both cities, the Council will be asked to approve the City of La Porte's share of the design contract, whiCh is set at 40% for LaPorte, and Pasadena providing 60% of the funding. Th~ agreement calls for design of a youth baseball complex, following the intent of the conceptlll1J desig provided and the general guidelines as shown in the exhibits to the agreement. /~-, J.f (1 The Certificates of Obligation have been sold and funding is available iii' Fund~f6r this project, once the design budget is established. Upon approval and implementatiori of this,agreement, a second agreement will be developed to govern construction and operations oBhe ~s./complex. Staff recommends approval of an Ordinance approving and authorizing an Interlocal Agreement between the City of La Porte and the City of Pasadena to provide design services, bid, and construction monitoring for the Pasadena-La Porte Joint Venture Sports Complex according to the agreement provided. Action Required bv Council: Consider an Ordinance approving and authorizing an Interlocal Agreement between the City of La Porte and the City of Pasadena to provide design capabilities for a Joint Venture Sports Complex, according to the t~ of the agreement. 1110 7 ate ( ORDINANCE NO. 2007- ~ en AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF PASADENA TO PROVIDE DESIGN CAPABILITIES FOR A JOINT VENTURE SPORTS COMPLEX, ACCORDING TO THE TERMS OF THE AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title ofthis ordinance, a copy of which is on file in the office of the City Secretary. The Interim 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 ofthis meeting ofthe 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. Page 1 of2 PASSED AND APPROVED, this 9TH day of APRIL, 2007. CITY OF LA PORTE (\. (0 ~~~G.\~ By: Alton E. Porter, Mayor ATTEST: '1!J!ffi~rJj~$ Mart a Gillett, City Secretary APPROVED AS TO FORM: ~7~ ar T. Askins, Assistant City Attorney Page 2 of2 THE STATE OF TEXAS S S COUNTY OF HARRIS S Facilities Design Agreement THIS INTERLOCA~ COOPERATION AGREEMENT is made and entered into on this ~ day of (). ()r I) , 2007, by and between the City of Pasadena, a Home Rule municipal cforporation under the laws of the State of Texas, herein referred to as "PASADENA," and the City of La Porte, a Home Rule municipal corporation under the laws of the State of Texas, herein referred to as "LA PORTE". WITNESSETH: WHEREAS, the Texas State Legislature has authorized the use of the Interlocal Cooperation Agreements between and among governmental entities; and WHEREAS, this Interlocal Cooperation Agreement is made under the authority granted by and pursuant to the Interlocal Cooperation Act, V.T.C.A. Government code section 791, et seq. and V.T.C.A. Local Government Code Section 332, et seq., and as otherwise provided herein, relative to the expressed intent of the respective City Councils of PASADENA and LAPORTE to design a joint sports complex. WHEREAS, PASADENA and LA PORTE hereby agree as Design Phase I of such sports complex to engage the design of various joint recreational and support facilities described generally herein at Exhibit "B" attached hereto. WHEREAS, PASADENA and LA PORTE express interest, after the design phase, to enter an agreement, as appropriate, for construction and operation of such designed facilities on property owned by PASADENA (Exhibit "A") to provide for joint use recreational opportunities as a "JOINT SPORTS COMPLEX", to serve as an athletic recreation and special events complex designed to serve the various needs of organized youth baseba11!softball activities. WHEREAS, LA PORTE and PASADENA have identified appropriate funding sources to provide commensurate costs for the proposed design, as designated herein. FOR AND IN CONSIDERATION of the mutual agreements contained herein, the parties here to do agree as follows: Pasadena-La Porte Sports Complex Interlocal Agreement, 0407,doc Page 1 of7 1. PASADENA and LA PORTE hereby, through their respective City Councils adopt the Preamble hereof. 2. The parties understand and agree that the sports complex is planned to be located on property owned by PASADENA described in the general Warranty Deed attached hereto as Exhibit "A" and incorporated herein for all purposes and that this agreement is subject to all conditions and restrictions contained therein. The parties have had the opportunity to examine the property and all conditions thereon and agree that it is taken "as is". Article I DESIGN 1.1 After execution of this Agreement and as soon as possible thereafter, PASADENA and LA PORTE will designate representatives who will approve the selection of an architectural design firm suitable to both PASADENA and LA PORTE, in a manner similar to other PASADENA projects. 1.2 The Mayor of Pasadena may appoint an architectural design firm to develop all necessary renderings, schematics, specifications, and details, and Pasadena will enter into a contract with said architectural design firm. 1.3 PASADENA and LA PORTE agree that the Joint Sports Complex ArchitecturalDesign Contract will be administered by PASADENA, and that each party will provide total respective funding based on percentage participation as described herein. 1.4 Within the time specified in the Joint Sports Complex Design Contract, representatives of PASADENA and LA PORTE shall approve plan sets by signature, in 50%, 75% and 100% iterations, resulting in prepared drawings and specifications for the Joint Sports Complex, with copies of same to PASADENA and LA PORTE for written approval by the respective City Engineers, or designees. 1.5 PASADENA is willing to contribute 60% and LA PORTE is willing to contribute 40% of the total cost of design of project. These amounts are based on the general plan of construction and operation of fields for Pasadena and fields for La Porte and respective amenities generally described herein at Exhibit "B". The cost of the design will be an amount agreed upon by both parties. Pasadena-La Porte Sports Complex lnterlocal Agreement, 0407,doc Page 2 of7 1.6 Upon PASADENA'S receipt of full payment from LA PORTE for its estimated cost share of design cost described in 1.4 above a Joint Sports Complex design contract may be let. Adjustments shall be made upon final cost billing to reflect additional monies due by LA PORTE or refund if applicable. 1.7 In the event that during the design phase the estimated cost share of design increases, PASADENA shall notify LA PORTE of the increase in their estimated cost share of design cost. LA PORTE will transmit to PASADENA payment for their increased cost share of design cost within thirty (30) days of such notification. 1.8 In the event that LA PORTE does not exercise its option to send their share of the increased amount of the estimated cost of design as described in 1.6, PASADENA shall have the following options: a. PASADENA may elect to attempt to pay the additional amount of the increase in the estimated cost of design. In such case, PASADENA shall notify LA PORTE of its choice. b. PASADENA may terminate this agreement. c. Attempt to negotiate an amendment to this Agreement to provide for payment of the additional costs, and if such an amendment is obtained, proceed under its terms. If the parties fail to agree to an amendment to this Agreement, then and in that event PASADENA may proceed under one of the other two options. 1.9 The design documents shall be the property of PASADENA and LA PORTE. Article II CONSTRUCTION AND OPERATION 2.1 It is contemplated at this time and the interest of the parties that, subject to agreement of the parties of the design, that they will enter into a separate agreement for the construction and operation of the described Joint Sports Complex on terms mutually acceptable to both parties. 2.2 It is contemplated that such agreement for construction and operation may detail the methods of bidding, letting of contracts, respective consideration and contribution of the parties, ownership interest, responsibilities of parties during all phases, allocation of expenses and revenues, management of facilities, term of agreement, insurance, and other appropriate terms. Pasadena-La Porte Sports Complex lnterlocal Agreement, 0407,doc Page 3 of7 Article III TERM AND TERMINATION 3.1 The term of this agreement shall be for a period of one year ("Initial Term") commencing on the date of passage by the party last to ratify, unless terminated by either party by notice in writing to the other party, in accordance with the Termination procedures as designated in Section 3.3. 3.2 At the end of the term of the Agreement, both the PASADENA and LA PORTE have the option to continue the Agreement for one additional one (1) year term. Such option shall be executed in writing by the Mayor of PASADENA, or hislher designee, and the City Manager of LA PORTE, or hislher designee. Should either party choose not to exercise their option, the Agreement shall be considered at an end, at the conclusion of the Initial Term. In such event each party will be responsible for its proportional share of the total costs of work. 3.3 Either party may terminate the agreement without cause upon thirty (30) days written notice to the other party. In such event each party will be responsible for its proportional share of the total cost of work. Article IV. INDEMNITY 4. To the extent allowed by law, LA PORTE and PASADENA do hereby release, indemnify and hold each other and their respective officials, agents and employees, in both their public and private capacities, hannless from any and all liability, claims, costs and expenses arising out of the performance of this agreement due to their its respective negligence or that of its officials, officers, employees or students. It is expressly understood and agreed that in the execution of this contract, neither LA PORTE nor PASADENA waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. Article V. ENTIRE AGREEMENT 5. This instrument contains the entire Agreement between the parties relating to the rights granted in the agreement and the obligations assumed as a part of the Agreement. Any representations or modifications concerning this agreement shall have no force or effect unless modified in writing, and signed by each party to the Agreement. Pasadena-La Porte Sports Complex lnterlocal Agreement, 0407.doc Page 4 of7 Article VI. SEVERABILITY 6. In case anyone (1) or more ofthe provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or un-enforceability shall not affect any other provision thereof, and this agreement shall construed as if such invalidity, illegality or un-enforceable provision had never been contain herein. Article VII. AUTHORITY 7. The undersigned officers and/or agents authorized to execute this contract on behalf of the partied hereto, and each party hereto certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. Article VIII. REMEDIES 8. No right or remedy granted or reserved to the parties, is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this agreement. Article IX. THIRD PARTY 9. This agreement shall enure to the benefit of PASADENA and LAPORTE and not to third parties not party to this agreement. Article X. APPLICABLE LAW 10. This agreement is governed by the laws of the State of Texas; any venue for any action shall be in courts of competent jurisdiction of Harris County, Texas. Pasadena-La Porte Sports Complex lnterlocal Agreement, 0407.doc Page 5 on Article X. SUCCESSORS AND ASSIGNS 11. This agreement is binding on the successors, executors, administrators and assigns of the parties to this agreement. Neither LA PORTE nor PASADENA will assign, sublet, subcontract, or transfer agreement without the written consent of the other party. No assignment delegation of duties or subcontract under this agreement will be effective without the prior written consent ofthe other party. Article XI. NOTICES 12. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed hereinbelow or at such other address as the other party may have theretofore prescribed by notice to the sending party. Address for notice shall be as follows: PASADENA: City of Pasadena 1211 Southmore Avenue Pasadena, TX 77502-1205 Attn: Assistant to the Mayor for Leisure Services LA PORTE: City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571-6215 Attn: Director of Parks & Recreation Department Article XII. RECITALS AND ATTACHMENTS 13. The recitals and attachments to this agreement are incorporated herein. Pasadena-La Porte Sports Complex Interlocal Agreement, 0407,doc Page 6 of7 IN TESTIMONY WHEREOF, this instrument has been executed in duplicate counterparts, each to have equal force and effect of an original, has been executed on behalf of the parties hereto as follows: - -d~ --'I () a. It has on the J ~ -- day of ~ /l..(jL. , 2007, been executed on behalf of the City of Pasadena by the Mayor and attested by Its CIty Secretary, pursuant to ordinance of the City Council of the City of Pasadena authorizing such execution. b. It has on the ;\3AL day of ~ ' 2007, been executed on behalf of the City by the Ci Manager and attested by Its CIty Secretary, pursuant to ordinance of the City Council of the City of La Porte authorizing such execution. CITY OF PASADENA ~ 000 Manlove, Mayor L orick, City Secretary L ~~. Lee Clark, City Attorney ATTEST: ~~~Lt/ Martha Gillett, City Secretary /J APPRQVED~,AS TO FORM: ;,? ~~a/&~ Knox W. Askins, City Attorney Pasadena- Pasadena-La Porte Sports Complex lnterlocal Agreement, 0407,doc Page 7 of7 Exhibit" A" Agreement Exhibits, 0407.doc Page 1 of 13 9:2;}1ft~;~~'~7~~";~(g~:;'~'0:;~0:"2:;:i~;;;~:~':~'~~ ::..- ;. .....1... ~ '.., . ", ., " ~ ': . < ".. . .. I- .....;: ....-40.. . 'end" assi'dhs'- lhe rig!)\ .ll,- con;:tn,lcl ,~,no 'n\amtltil't r~d",BYS "nd "w..:'btid~s', ,~, Pipl!lin!ll!nd;~ulti;Purposlf cas8mllll~ ,t>gre~y, r~&J:"8d sha!l:qe parP\ltual in natur,nno snell, DOt' tllf~,i!:'''te'untll GrlJf1lor, or its '-' 'SuccessOr$' or assigns files',ol 1800rd 8 'dUlY at1thorized and, exac,!,tod release: 'Naither' Grantee; nor anyone ac~ng on' Grenteil's bet'alf. ,~haU ~ P8!millad'to use tpe P'pellhe and Multi.PurpoH Easo'm,n!~ . wlthGUt 1he ex'pr(U1S written consent 01 an' authorited representative. Qt Grantor. its succe~sors or aisigns provided, hOWever, {hat'C,ranlee '... has 1he right' without such permission to construct. and maint ain n,? more than lOur (4) l!l'eet~ and- suct> utilities, as are needed to serve me Prt/perty aCrOSS the Pipeline and Multi.Purpose E8SemenlS, subject to Granior's. hs successors or aSSi'dnS rights herein and the 101l0w"'lI conditions: Exhibit "A" ." ' B, Sixty (60) days priar wnllen .nollce shall be gn/en 10 Granlor, il~ successors ':Or assigns 01 Gflmtee's intention, in eacl1 instance. to 'perform conSl(uclitm or maintenance work .'.e5'u,~'li! .!'x,cav~li.o.n ~r ~r. upon such st.eets 8f\d Ulilitie~, o. otharwtse effeeling Grantor's. itl successors or assi"ns . 'facilities. including 'with suCh.'notice Ihe oa5cr'ption of the' 10cali.on and sP!lcifiCalions of such wor~; end b, '10. minimum of forly'ilighl (481 hours advance MliCe'shlll! bu Qiven 10 Grant"'. its successors 0' assigns. of lhe date and hour selli.. the commencement of eny work so Ihat Gramor, itS successors or assigns may,. al its option. have a represenlative al the Property to obsDrve said work; and & - , -,' -.- .-. ~, .., # StJefl. <!!&f'tWut>>+&n- .af. -ma<AWAatle& '-*--Fequire;. 0/. nec8S5ilates, in Granlor's, its SUCCeSsors or assigns OPINon, 111a installation 01 casing or olher protlH::.tiv;, facilities to prlolec\ 'any roads or !IOy pipe, power, or communication lines or \Othcr lacifilies existing prior 10 said consl,UClion 0" rnainle~ance work on any of il>e Pipeline or 'Multi.PurpOse E'asemen~s, or any change in the elevsdon. grade. or location -of s.uch fO ds Dr ,_ lines, Of any change.in the location or construction 0 any fac~lly locatlOd thereon, such chBngas or installations sh!oll be. made. and the tOlal cosls anil expenses. incidilnt 10! such" installations or changes. shall be borne by Grantee, and id sucl1 changes or installatio~ are contracted for. by; or perfor~d by Grantor. its SUCCIlSSOrs or assigns. Ihe costs and expt' n5CS tharaol wi<< be ,prepaid to Grantor, ilS s\.!Ccessors or 8ssi ~s in an amounl estImated by Grantor, Its successors 0'- as, 19ns. subjecl to adjustmenl upon delermlnalion of the actual !COli\; -A--- - '-.-- --,.. -- 8"~~~~~~e,~ ' i ':,,:,~_.. . d. Tht:l piSltie<:ll ~Y'~1CIo IIUI ~u Uf.lIc;Cl'::I>UII~I>I, ~1.l'l;i.I....,'I;l c:.-=i-~~ ..:....- ..__..p.l'.n.'L!..rigim, tq USe the Propall'l', S. . . Grantae axpressly recognizes and understends that the land con eyed ~by this deet! is wilhin live ,hundred le'et:1500'r,01 crrtein lah , (hat ..:....,,_;~_' ...t!UlLQ!!!li\1!l,~~tll! ptm!uc:tiOf!" .inclUding. but,nOt .limited 10 the dril "g of , waUs., As a result. a well may be .drilled within five hundre IBe~f 1--.-~. n.,,:-{60<;') of-'the'!ltIrlace esute, CJt ma hmd grafil11d herein, In allial , ' considaration (01 acquiring tne surface eMate or<ln,led herein, G enloe , ' hereby CDn$ents to the conduct of oil. gas anD/or other ineral , exploralioo and ptoductlb" 'and Grantee jlerBby waives any nd all rights (Including. but n&t li~ited 10 any rights Cleele(!' by a ~unic pal or ,citv OIdinance. 'stala ,or federal law, or '8- lule or regulation f the .Texas Raili~d ',CClinmission! to, .challenge or object to ao'y 0 I;. 'Ja"f and/or mintkel exploration or production actjVilies cooducteo y ,the '"oW'ntl'otthi:-'mineral intgres} or'iii ~ucc,eS$o~s;Or assigns; or). in. tlt . Urfd$rt.he:r?fll1&need'.'l~nd. .said, eons!,n!. Mld.dve~liein$ llvi encQd ' ',', .by :~rai'lt~Il,$. 'ecce!"lanca ,01 tlie slJr~.,ce, ~,State 9.<antlld 'herei , and :. '.. .' " {;r~~te~~,S:;~"'~~rt!>ere,!ltli!s 'de~d,' ;::,,!,~,co~s8nt'an~ WlIiei, b)" =.;W (:..~ ."-" -~~;~~~.... ~ ~~ . . ~.. ...:. . ,'" "":.' . . ~ .. ~ t. .I' Agreement Exhibits, 0407,doc Page 2 of 13 " ,.,. .... '- Exhibit "A" . '{rt::,4.:F339r . . . ~ . I' .' .,~;. ......<(..' - i:;.11l~toe' shll!t:b1 ;i c~';enan\ r.m""'Q ~,ith 'ih~ 'Iand, arid shall be nt.lllr;e. io and 'bo.-;di~1i ulSP'l C;r{lfllee ,ah,~ G<li~ee's 'h.qirs,~fep're~enHiti';es, SloIccessQr,S and a~siii!l~'; ;As' !u~lt.lar_,corisida'atipn, for bCQulTing the surlacll. ,estate granted. hllroin, ,Grantee agroes 10 exocute il WfI[lOr> consent aM waiver of objoctlon or Bny other w~fton neces.sary ODeIl"'ilnl required In .conl.:in~hQnWllh Ihe 8xplorellon ,eor ,prOl:luct")" -activities d'escribed above whon rOQuested by, or on Dohlllf of, the owner 01. the minora I 'interest, Its successors or a~signs. . T.hls agreemont to execute 8 cons611t and waIver of -objeClion or othor documents when executed, \hall be hied of public; recOId, shall be a covenant 'unning witli land and, Shall be notices to and bindIng upon Grantee and Grantee's heirs, rep.osentat,ves. successor, and 855'gn5 '6, Standby tees. ass;essmcnts. chac..ges. and ad valorom laxus asscs.~w.rJ egainsl tn. .PrOp8tlV fo~ Ihe year 1992 6nd "n puor VOMS w.1I I,. p,u<J by Grantor, " -7, All rfg~t.$: 6bligtHrbti!i IJnd othor fn'athns mHiJ"aling'ltorn ttnd ctc;-stiIl0 by reason or the q.rsation. ostubh9hmt:flt. maintenance, and 9P~ratlrJn 01 tho C~ear Lake C"ilY Walcr AuH~{)rlty, wrltuH whose l':"ISdlr;IIIJf!. IhE: Proporty is localod. 8, Th. Envlronmontal Standards lor tho "..duslflat 'Brca kn","",,, 'IS "BaypS!rL" l;!arris CounlY. Texas ,recorded ,n Volume 59'20, P8l/~ '6!; of tho D60d Records of Harris Countv. TOliCBS. oDS' amended by instrument dalod JUhO 15. 197T, r..co/dad In VOlum.! 8470, Pag~ 238 01 the Deed .Records of Harris County, Texes. "nd as Ivrther .' ___ amended bv-ins1wlrulnL.datad Mav 1 !i_ 1SJ 3. LIl-CDU!ed ~ndeI Ella No, O!76057, Film Code No, 161,33-105901 Iho Olf'cilll il'ubltc Ree"",!. ot Real Proparty of Harris Counly, Tll.as "nd Granle~ accepts Ih.. conveyance subject therelo, - 9, Grantee horeby covenanls ond agwos for '15,,11 and lIS si.ccessors and assigns that It WIt! comply wnh HarriS GIs'v{I51Url SUhs,Jom:o O,t.lllf.1 ...ules in CQ'U\uc;tmn With dolhng 01 wtUur wulrs on tlllS P~ar.Jtlnv. ! Grantor h(Jr~bv grants and aS5!gns" nOllexeluslve "ghtjlO be ""I',yed along wilh Grantor to' cross Ihe Coa5~al Water Authonl~'CWA-1 Ie., slrip with pipelrnes, roads. streets, railroads. drai II" Cllldles, landscape reserves. green bolts. fences.. water lines. s wCr hnus Dnd olner ulilities or facilitie., including tho right to conlstruct. ..,n51811, operatD. maiJ'ltoio and 'emove S8rn& bnd '0 putforr!n such Ofhbr ope.ation. or aCllvitle. Ihal arll mcidunlal thoreto; pr vided Iii lha' prior to exercise of such right 10 cross lhe Property by GI'II.tea or 115 suceesso1.'lInd "~signs. approval of me' plans amI sp cilicstions lor 10. unraBlIonably withheld or delayed) in accordance V'ithi'the condilions apeciJie4. -- in.. E..ntbit . g." 10 the GeAe~. Warrenl Deed dltled December 10, 1986, from G(anlor to CWA filed un r Clork's File 1'874511; (iil.'ttjat thi! aClual .inSI8I1ation, main!sn ce or othor .91'11 19 c'O"---_ '. ~ shall be performed in sUCh 'manner as 10 complv wit lhe approved -- ' --, -'-'-pIans anif'ispeclficii'ions end - to minimize 'iiiy"ciislurba'c"ilO-CW A's . ,operalions. or activilies on the Propert\:; liii) Ihal any pi line,tonduil.. - -- .~. ' '.-caliliil;':;oedway,'. ra;'noad orHolher utility. or 'acililY be .;nslall.d, pursuant to the righi to cross shall not be such as w ld diminish or impair CWA's ll."joyment of its ,ights to use the Prpperty, lor Ihe permitted, PUt-POS&S; It being agreed. however, Ina any pipeline, condult, 'cabla. roadway. ,railroad. Or other utility or r cilitv installed pursusnt t.o end in acoordance. witl1 the. c;onditions in Exhi~ . B". ro said. Deed would'TIot cllillse S\Jch diminishmsnt or im.oa men!; and IiI(} .!~a.t ca~ cost" associated ,with the' exercise of the rig ts- sp ,reserved, ' sha'U ~eborne by Gtllntes. its, !;'ucCQssors pr llSsig Tile right! ,granted herein po not eltlend to thiip"llar!ies, " -, ;" ~.or.r.'rIW~(:"r""""" ... ...... "..,. .:,' ....c'." Agreement Exhibits, 0407.doc .,. !>" . I Page 3 of 13 Exhibit" A" '~::~"~.'" .'.>~ " ." ,~~ ":~--~--.-_. ._":---;-- ',...~ .-. ---_.'.~ ~I - ,.f. ~ .."... '. '. ,.. ',' ' ~..'I . , ,~ ..0 HAVE,f>.Ntl'T'O HO~D .said ~i!>P'erty ,lir.d-~reinis~s.. 'Joget,tlilr' with all and sing.ular 'the rillhts:and..j1PPurteri~ACes th~lIta',!n ~r1Ywis.~ balonlltnll UI1~O Gr,arueel, its. suCcesso'S'. . 'and.l!$si~ns:':forev,,!; 's~bjeet.. hOwever, ,(o,the, ce~~r,,,:a[lo,,s, aQd eXC:e'pltioris 'c"o"taineo hereil'l end the,.provlslons.,heretna90ve set, ou~P~. subject 'tb,arelo. Granl9r does hereby .bind end obligale itself, 1.15 successors anllessigns. 10 werrant and forell8f delend all and , singular the"sllld 'Property end premises,Unto Granlee. its successors and Buions. aoainsl' everv person whomsOBver law,fully claiming or \0 claim the same or .any pert thereof, ... . Grantell joins in Ihe execution of this deed 10 indicate ilS agreement and consent to the, terms hereof which shall be binding..upon Granlee end its successors and essigns, EXECUTED this ~"dey of ~ n _,. h~.~_____ ' 992, but effective lor all purposes the date first above wri\ten, T. R. Wussow Vice PT~sldcnt /9 fl.E-' if!- 1Ji, ATTEST: fRIENDSWOOD DEVELOPMENT COMPANY By N1Ime Title Assi..tant Secretary By Na'ltte Titte et'I"l""e1''1'',t>;SJ'\ ~I, A ,. t"'U 'lnOtt~ ~. ..- '.~.,...-- Name - \ Title Q('If\.. k \ '. .' ~ .By Name Title Assistant Secretary - ~. .~ /" .:J -./" .~ --:....----~ . , '. .. ". . ' , .' ...- ...' .O':""'wt,,~~.i,~ .J " . I Agreement Exhibits, 0407.doc Page 4 of 13 Agreement Exhibits, 0407.doc Page 5 of 13 Agreement Exhibits, 0407.doc Page 6 of 13 Agreement Exhibits, 0407.doc Page 7 of 13 Agreement Exhibits, 0407.doc Page 8 of 13 Exhibit "A" Agreement Exhibits, 0407.doc Page 9 of 13 Exhibit "B" . Twenty-three to twenty-five (23-25) baseball/sotlhall fields (one basehall field sized f()r college, semi-protessional. and Pony League play, othi.'I's sized as appropriate for the desired age group to be using the fields). . A gathering and event area. . Picnic sheIter(s). . Children's play areas. . Maintenanct.l facilities. . Restrooms. . Two (2) separate concession facilities. . Appropriate parking for vehicles based on parking standards. . A trail system or connector system. . Main entrance gathering plaza. . Such other elements or amenities that PASADENA and LA PORTE determines would benefit the JOINT SPORTS COMPLEX or its public features. Agreement Exhibits, 0407.doc Page 10 of 13 Exhibit "B" PASADENA-LAPORTE BALLPARK FACILITY PRELIMINARY - CONSTRUCTION OUTLINE November -06 ITEM A Site work 1. Initial select clearing., grubbing, & mulching 2. Excavation & on site hauling 3, Rough grading & drainage 4. Storm drainage 5, Utilities 8, Water distribution & fire hydrants b. Sewer & services c, Electrical service distribution d. Roadway lighting (150' spacing) 6. Paving 8, Park roads/entrances b, Parking 7. Security fencing & gates 8. Walkways a. Sidewalk 5' wide b. Trails 10' wide c. Pedestrian bridge 9. Site Amenities a. Flag poles b. Picnic tables & benches c. Refuse containers d. Signage '- e. Playgrounds (2 locations) 1 Q. Landscaping a. SoddiAg b. Hydromulching c. Trees d. Shrubs e. Ornamentals t Wetland/native plant g. Soils and preparation h. Finish grading 8. Playfields & Courts 1. Large Ball fields (300' foul line) a. Lighting SO/30fe & scoreboard b. Fencing (12oo LF) each field c. Dugouts & bleachers (4 units each) d. Import soil & finish grading & irrigation e. Central plaza & announcers station 2, Small Ball fields (200' foul line) a. Lighting 50/30fe & scoreboard b, Fencing (900 LF) each field c. Dugouts & bleachers (4 units each) d. Import soil & finish grading & irrigation Agreement Exhibits, 0407,doc Page 11 of 13 UNfTS 75 acres 100.000 CuYDS 40 acres 4,000 LF 2,000 LF 1,600 LF Allowance 20 poles 1,500 LF 931 spaces 8,500 LF 1.500 LF 1 ,600 LF 1 ,000 LF 6 40 50 AfJowance Allowance 38,720 SqYDS 60 acres 250 3 fields 3.600 LF 12 units 4 units 1 unit 20 fields 18,000 LF 80 units 20 units Exhibit "B" e. Central plaza & announcers station 6 units 3. Volleyball courts (lighted) 6 4. Basketball court (lighted) 3 C. Buildings 1. Pavilion #1 . #2 &#3 a. Shaded structure 1.0,000 SF b. Restroom 900 SF c. Concession 1,000 SF d. Stage 2.000 SF e. Dumpster pad & service drive 1 2. Maintenance Facility a. Service yard 10,000 SF b. Fencing & gates 500 SF c. Building 1,800 SF TOTAlA-C D. Contingency 10% E. Inflation at10wance per year 8% 1 yr. TOTAL Phase I A-E f CivillPaving 34% II ArchitecturaVStructutaJ 13% III Landscape/Site ~menities 10% IV Ballfields 27% V contigency & Inflation 16% 100% Pasadena-La Porte Ballpark . Contlgency & InIIation acivWPaving C 8ll1Ifields C LandllC8pe I SilIe AmenitieS .Alchadurall structural Agreement Exhibits, 0407.doc Page 12 of 13 " 1 II . . 1- .. ~ tl t. , .' .. (, (, .. .. " . '.'.'.4'\.' .... )'; '41:#" 'f' j"Mfl ;1:'1_ -~ n:fll 'm 10 :\'! it t' "lr- !t .,[ () ~j 7" o:?= lZ j)> 173 I~ I 1(,') -i m u ;r- ~ jl> :z " ~ (} .. r o -. (} Jj ;;l 2 " I /l '11 Exhibit "B" :1g.~ ~"U' i~5 Jl': (}> L: j ~l> ; iJ: ~~ . .c:, ''{ . "{ : 11 ~ti:i: Ilj.,. '.~ :) ~'t' -.~~ lf~):e ;r ',... .. " ji. ~,.. bi~l:~ j-.J 4>.Dtll 1.J>. ~ ~*t> it' 'k~~' t~ .'~ t.-,,. 10 tr~ lZ ~~ n, o C\ Il . )> :! .~ i il!~til-&!>~ ; t), .:aCf;.\) ).un .IN' _, 'y'_._~c".._.__.__ m~r_ 'HlIJUll 1.>,,,,,... jjtJ MiJ~p p.ij(~{~ z')r.~ ' , . r"\f)> } in '11 H nit :z I:::! 6iHt,)UI'~ ,.:..,il.Ul_:,. ~,G~~ ~ ~;illr.1: I)> u:l1i~U'~ J; jO " 7: .. '" "11,1;; :toJ} h{J " C:1)" afl uh ~i ~~ ., . OJ' l~ .. )> "'\1 Hi .. .,,,< .t>~. ..,.,;,,:1 ~ t:.;;;.sr-~, Agreement Exhibits, 0407.doc Page 13 of 13 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 9, 2007 Appropriation Requested By: Wayne S~ vf Source of Funds: N/A ( Department: Plannin2 Account Number: N/A Report: _Resolution: - Ordinance: ...L- Amount Budgeted: N/A Exhibits: Ordinance Amount Requested: N/A Area Map General/Site Plan Budgeted Item: YES NO Public Notice Response SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during its March 15,2007, meeting, held a public hearing to receive citizen comments regarding Special Conditional Use Permit Request #SCU07-002. The request, submitted by Mr. Richard Ogrin on behalf of Methodist Retirement Communities, Inc., seeks approval of a Special Conditional Use Permit (SCUP) to build a nursing home on an approximate 7 acre tract of land described as TR 719 and E Yz of TR 718, La Porte OutIots. The subject property is zoned Planned Unit Development (PUD), which requires a Special Conditional Use Permit The Methodist Retirement Communities, Inc. purchased the 7-acre tract along Underwood Road south of Caniff Road, to develop a nursing home and a future senior assisted living facility. The company has a plan for 98 bed health care facility, which includes six "neighborhoods" with 16 residents each. The facility will include MedicarelMedicaid certified nursing beds. Possible future development may include hospice suites at the facility. The primary access will be along Underwood Road with secondary access along CaniffRoad. Due to the neighboring residences to the north, the proposed development shall be screened from view of the adjoining residential district. Upon approval of the General Plan and Special Conditional Use Permit, the applicant would be authorized to submit a certified sitefi/ pan tI r the proposed development. t/ f6-C Staff has found the request satisfies all applicable ordinance requirements. The property is surrounded by low-density residential developments, an apartment complex, and mixture of commercial uses at this intersection. The land use plan shows this area developing as residential and commercial uses. The facility would be compatible with the surrounding properties and should not be injurious to the use, enjoyment or value of those properties. Eighteen (18) notices of public hearing were mailed to neighboring property owners. One favorable response was received in this regard. The Planning and Zoning Commission, by unanimous vote, has recommended City Council approval of Special Conditional Use Permit #SCU07-002 with the conditions as listed in the SCUP. Action Required bv Council: 1. Conduct public hearing. 2. Consider Planning and Zoning Commission recommendation to approve Special Conditional Use Permit #SCU 07-002 for proposed nursing home to be located within a PUD. flLf /07 ( D~e A ORDINANCE NO. 1501- fs 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 #SCU07-002 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 7 ACRE TRACT OUT OF 8.2628 ACRES OF LAND, BEING TR 719 AND E % OF TR 718, LA PORTE OUTLOTS, W. B. LAWRENCE SUBDIVISION, VOLUME 83, PAGE 344, DEED RECORDS OF HARRIS COUNTY, LA PORTE, TEXAS, FOR THE PURPOSE OF DEVELOPING A NURSING HOME ALONG UNDERWOOD ROAD SOUTH OF CANIFF ROAD; 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 15th day of March, 2007, 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, Immediately following such public hearing on March 15,2007, the Planning and Zoning Commission of the City of La Porte met in a 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 March 20,2007, 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- f5 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 9th day of April, 2007, 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 "0", 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 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 are as follows, to-wit: A 7 acre tract out of 8.2628 acres of land being TR 719 and E Y2 of TR 718, La Porte Outlots, W. B. Lawrence Subdivision, 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- PS 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 ClilJay of ~,2007. CITY OF LA PORTE 0 By: Ql--b;-~ L. \ ~- ALTON PORTER, Mayor ATTEST: ~ By ~a A - MARTHA ILLETT, City Secretary APPRO,,:/ _ By:~r~ CLARK T. 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 15th day of March, 2007, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request #SCU07-002, for approximately 7 acre tract out of 8.2628 acres ofland, being TR 719 and E ~ of TR 718, La Porte Outlots, W. B. Lawrence Subdivision, Recorded in Volume 83, Page 344, Deed Records of the Harris County, Texas. The property is located at Fairmont Parkway and Underwood Road, south of Caniff Road. Happy Harbor Methodist Home, Inc. seeks approval of a Special Conditional Use Permit for proposed nursing home to be located in the Planned Unit Development (PUD) zone. 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 the City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further iriformation. :XH11;t1T A Permit Request #SCU07-002 320 S. 8th Street Porte, Texas 77571 281-471-1234 Fax 281-471-5763 THE STATE OF TEXAS COUNTY OF HARRIS CITY OFLA PORTE NOTICE OF PUBLIC HEARING · '......................rJt........ B':'....... < e . -' . \ , In accordance. with the provisions of Sec~.:. tion . 106-4;' iorffie:Ccide:: of Ordiriances '6f'th~':~ity\ pf La Porte; and the 'rovi-' . ';sions,o /;,~.;" subscribed before me this [t ,2007. for ithet>~rp ..... ...c; '119" ,~~;~i)~~~)~~ i~J~{;~~~j/ d! '~l~~~i;\~~,~;lt~ & d; "-J'W ):;.i'ifli,.'S,giti~e~s~~i~bi~9i~lyn Kellogg toa:ddressJ~e':~ommIS-;~ . 'sion~'rO~i'9<>rl'~~iing)th,e'~!Jy PublIc PvblicH. 'wiIJl:l~,r~,~,,, C t T '@ire~.t5Lil1))efor~th~;'[:,s oun y, exas fJle~tjn9J.S......,c.....i.o..".......n..:...,....t.'......~.....f.?f...~'?..,.:~J... :;'tj:,:"~;J'{{ '.'. ','.' ',,",' '. ',' "_ -, - ' ~. ~cj day of .'!I ~..It"", ~~ ~.1't:.t) ~~:t,",Wf,1~" / KAROLYN KEllOGG MY COMMISSION EXPIRES Apill11.2010 , ':',"'.."," "".:: ,":.<:,:::> . '; CITY OF LA PORTE ,c<Marth~::tiiii~h,':i)~ommission Exprires April 11 , 2010 "TRMC;CMC., ., ,). ." ~CitY, SecreJary' ,:' ::,:'t':'~ (\J,:1 }' ',A'q~b;UTn " ii 'CitY' courici/ , members' may be present , and partiCipate in ,discus~ I , ~~~:v~~ri~~ :~o~:::tig~ '\ t~1-.o~h",r-'\. ,nnil " , , - ~XHlerr ,H City of La Porte Established 1892 March 20, 2007 Honorable Mayor Alton Porter and City Council City of La Porte Re: Special Conditional Use Permit #SCD07-002 Dear Mayor Porter and Council: The La Porte Planning and Zoning Commission, during a regular meeting on March 15,2007, considered Special Conditional Use Permit #SCU07-002. The applicant, Richard Ogrin, on behalf of the Methodist Retirement Communities, Inc., seeks approval to develop a nursing home along Underwood Road south of Can iff Road within a Planned Unit Development (PUD) zone. After consideration, the Planning and Zoning Commission, by a unanimous vote, recommends that City Council consider approval of Special Conditional Use Permit #SCD07-002 with the following conditions in place: 1. This SCUP outlines in general terms the proposed Planned Unit Development. 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 certified site plans and construction drawings etc. 2. #SCU07-002 is specifically limited to the proposed nursing home; any future development shall be subject to filing a new SCUP. 3. Proposed development shall be screened from view of adjoining residential district in compliance with Section 106-444(a) of the Code of Ordinances. Landscaping and some mechanism of screening will serve as a natural buffer between residential and this proposed facility . 4. All lighting in the parking lot shall be hooded and arranged so as to deflect light away from the adjoining residential zone in compliance with Section 106-521(a) of the Code of Ordinances. 5. The applicant shall comply with all applicable laws and ordinances of the City and the State of Texas. :jZpect Ily SUb:, Pat Muston Chairperson, Planning and Zoning Commission c: John Joerns, Interim City Manager Clark Askins, Assistant City Attorney Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 ..~-1.Jftrr t: ~n:Q, OJ SCU07-002 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 9th day of April, 2007, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request #SCU07-002, for approximately 7 acre tract out of 8.2628 acres of land, being TR 719 and E lf2 of TR 718, La Porte Outlots, W. B. Lawrence Subdivision, Recorded in Volume 83, Page 344, Deed Records of the Harris County, Texas. The property is located at Fairmont Parkway and Underwood Road, south of Caniff Road. Happy Harbor Methodist Home, Inc. seeks approval of a Special Conditional Use Permit for proposed nursing home to be located in the Planned Unit Development (PUD) zone. 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 the City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. aHl~rrD SCU07-002 ~~- -~ THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE l20 S. 8th Street 'orte, Texas 77571 281-471-1234 Fax 281-471-5763 NOlJ~~:':~:~~~l'h . B Ie ","","""", , . e.. Nith the provisions o~ Sec-i, :ion .1 06-171 of the Code, )f ,ordinances of the. City ii )f La Porte, .andthe pr?vi-1 lions ofthe:rexas Local i 30v m f1tc:::ode, noticei ~,:t: ?~li! t~~~~ f;~~s :~li ~\iJ~~:re~eLis~e G~~~:~~ig:e~UI;U~~~~i%iz~n r~~~es~~~~ti~:m~ ~~~ ,peclal COltl.Use I' ~ermit . "_\i~::~B~que~t lyshore Sun, a semi-weekly newspaper published and generally ~~ey:~o::;ef~~~(Pg~f~fftributed in the City of La Porte, Harris County, Texas and who ~~~illf ::~~~o~~'~~~~~~~~::~11~~ attached notice was published in exas:T/le propertY islo:: ~ ated at Fairmont Park- 'ay . :.'i'lnd ... Urde.rwoodl :Oi'ld,)"~outh.ot.Caniff. .l ,~'l;~"~l/:)'1~~,t#i~~wffia Godfrey 'lease "contact'the't;ityl ;ecret.uY's.p'ffigeat,{2~1) i 71-5020,0.' JDOLioe! 281) 471.7503Qforfurtherl 1formation. . . I ~'vorn and subscribed before me this Cfr)CJ..J'< ch ,2007. ~ ~ ,;?Jc! day of =t::::!;Y't ~ arolyn Kellogg .. Notary Public Harris County, Texas I~~#!l'~~ r: i*~ \~.........ti ~,9,~,~ . KAROlYN KELlOGG MY COMMISSION EXPIRES April 11, 2010 My Commission Exprires April 11 , 2010 ItIHIJ3rr E City of La Porte Special Conditional Use Permit # SCU 07-002 This permit is issued to: Methodist Retirement Communities (c/o Richard Oqrin: Aqent) Owner or Agent Address For Development of: Happv Harbor Methodist Home Development Name Underwood Road and Fairmont Parkway Address Legal Description: Approx. 7 acres out of 8,2628 acres of land.Beinq TR 719 and E % Of TR 718. La Porte Outlots. Harris County. Texas, Zoning: Planned Unit Development (PUD) Use: Nursinq Home Permit Conditions: 1. This SCUP outlines in general terms the proposed Planned Unit Development 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 certified site plans and construction drawings etc, 2. SCU#07-002 is specifically limited to the proposed nursing home; any future development shall be subject to filing a new SCUP, 3. Proposed development shall be screened from view of adjoining residential district in compliance with Section 106-444(a) of the Code of Ordinances, Landscaping and some mechanism of screening will serve as a natural buffer between residential and this proposed facility, 4. All lighting in the parking lot shall be hooded and arranged so as to deflect light away from the adjoining residential zone in compliance with Section 106-521 (a) of the Code of Ordinances, 5. The applicant shall comply with all applicable laws and ordinances of the City 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, -1Jf~ 0<1;4 City Secretary SCU 07-002 604 West Fairmont Parkway La Porte, Texas 77571 CITY OF LA PORTE GIS MAPPING e CITY OF LA PORTE 1 inch equals 155.38 feet I ' -,----- ...-.,.." - ..'......,. !. !mm! 1 f lijIi I I Ii SVXl.t ':lJJlO.IYl h tl! III {j I 1'- ~l; . " U! 3r40H !)NISHON Uoe:tlVH AddVH 0- ~ I~ f' il ! ! , , I , I , , I , , I L: -.,----------- . ~-..-- ~ t. _l!! Ii -..-....-....--- ~"'-- - - - -- --=-;:--..- -...----..---...--- I . , I . , I . . I , , I . I . , _. - . - .---if , I i .._' : . --L------------- I _-----------.----- fa,rmon\l'arkway A.-- .-'- -------- -tZ <<( fiC:~ Z w )t w!::~ \.:) Vl ;,; \J -0 .. o tc -0 o o ~ .. -0 c; ~ A Meeting of the La Porte Plannin~ & Zonin~ Commission (Type of Meeting) Scheduled for March 15, 2007 (Date of Meeting) to Consider Special Conditional Use Permit (SCU#07-002) (Type of Request) I have received notice of the above referenced public hearing. I am in F AVO R of granting this request for the following reasons: ~- W ~C- {J 'J <> <t.{ 1 "..0..., (O b.l..- 0 b{-Q.. I ' " ~~ ~. I am OPPOSED to granting this request for the following reasons: -p ~Af{PA.~d. ?-g~d. ~=e~~ ~p,",e , ! 6 </3/ CLU I~ r flt '// Address 2ft Ie /f-rC2- 7177 ~/) City, State, Zip I\R 1\........'.:.\JU6Jj)7 \ ....:...'...-. ...'-. -- Mt-\ \l ,'" "-., em \ ..~J/w'"^ ..".' A Meeting of the La Porte Planning & Zoning Commission (Type of Meeting) Scheduled for March 15, 2007 (Date of Meeting) to Consider Special Conditional Use Permit (SCU#07-002) (Type of Request) I have received notice of the above referenced public hearing. I am in F AVO R of granting this request for the following reasons: ~- W~C IS 'j"'.{ 16A.> to b ~ 0 b{..Q.. I ' " vL~ ~. I am OPPOSED to granting this request for the following reasons: -p 13 A /{ iJ A-I? d.. ?--g~d. ~='~~ ~ign.ture 16 </31 Q)} I~ r MIl Address 2ft ,(/ /fIe- 7177 ~/) City, State, Zip -=_..~~-~ -.-..::;;;.\. f.C. ((0 \? ,; \.1J U; \1. \\. \\ ~ \!~ \"J '" .. II II ~~ ~AR~ 01 LQQ~ .~ (;~ ~,-~ ;-\I~ ""~""=-~ 9/10 REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: Wa ne Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: Yes No Report: _Resolution: _Ordinance: -X- Exhibits: Ordinance Area Map Public Notice Response SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during its March 15, 2007, meeting, held a public hearing to receive citizen comments regarding Special Conditional Use Permit Request #SCU07-003. The request, submitted by Wycoff Construction, Inc. on behalf of Process Product, seeks approval of a Special Conditional Use Permit (SCUP) for an off-site parking facility located at 227 North 8th Street. Off-site parking is classified as a conditional use per Section 106-441; Table A, Commercial Uses of the Code of Ordinances. Process Products, Inc. has been in business in La Porte for over twenty years. The nature of business pertains to restrictive valves, refurbishing, pre-testing, and supplying to area industries. Over the past years, the number of employees increased with the tremendous growth of business. Parking has remained a concern for this facility. There are numerous times when private vehicles are parked in front of the existing facility along the shoulders ofN. 8th Street and West Polk Street within the public right-of-way. Process Products has purchased this property to provide parking for its employees and contract workers. Off-site parking will serve as auxiliary parking and will help alleviate parking problems associated with the business. In addition, there is no other reasonable site available nearby. The proposed location for off-site parking is within 300 feet of the principal building. The parking lot will be constructed in accordance with City's standard specifications. Landscaping and screening shall be required as per Section 106-444(a) of the Code of Ordinances of the City. Eleven (11) notices of public hearing were mailed to neighboring property owners. One response was received in favor of the SCUP. The Planning and Zoning Commission, by unanimous vote, recommends City Council approval of Special Conditional Use Permit #SCU07-003 with the conditions listed in the SCUP. Action Required bv Council: 1. Conduct public hearing. 2. Consider Planning and Zoning Commission recommendation to approve Special Conditional Use Permit #SCU07-003 for off-site parking for Process Product. 11 lop DaY ORDINANCE NO. 1501- q S- 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 #SCU07-003 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 0.35 ACRE, LOTS 17-21, BLOCK 76, TOWN OF LA PORTE, JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF DEVELOPING OFF- SITE PARKING FOR PROCESS PRODUCT; 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 15th day of March, 2007, 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. Immediately following such public hearing on March 15,2007, the Planning and Zoning Commission of the City of La Porte met in a 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 March 20,2007, 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- q ~ 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 9th day of April, 2007, 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 "0", 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 said 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: A 0.35 acre of land being lots 17 thru 21, block 76, Town of La Porte, Johnson Hunter Survey, Abstract 35, 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 official 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- QS' 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 th$- day of ~2007, CITR LA PORTE ~ BY:~~'\~~ ALTON PORTER, Mayor ATTEST: By:~cIkJli MA T GILLETT, City Secretary APPR~ By: ~r~ CLARK 1. 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 15th day of March, 2007, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request #SCU07-003, which has been requested for a 0.35 acre tract, described as lots 17-21, Block 76, Town of La Porte, Volume 83, Page 345, Harris County Deed Records, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. Wycoff Construction and Development LLC., is seeking approval of a permit for the development of an off-site parking lot for the Process Product. Off-site parking is classified as a conditional use in a General Commercial (GC) zone. 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 the City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further iriformation ~l-~n A -~'.. - .-- - - fit J lrkWay,.CaPorte" Texas, I Ie purpose of this he~r- \ n ~ is to .consider Specl~1 ~ . i d'f nal Use Perrnlt; , ~~u~l~t #SCU07-OO3,', ~O S. 8th Street hiCh.. has bee.n requested ..if' rte Texas 77571 Ir a 0.35 acre tract , de- . t:: ' cribed as !ots 17-21, LJ.. ,lock 76, Tgwn of La!, i 'orte No '. e 83, Page 145' . . . County Deed ~ 0 . Johnson Hunter · . ; stract 35, La arris' County, r s. Wycoff Constru.c- . . nd Develop\TIent tlon?,~ k. -'ap" 'proval LLC.,'IS see 109,.,,,. ".",,._.' of a' permit for, th~ . devel- opment' of an off~sltepark- ing . lot for . ~hePr~pe~s Product. Off-site pa~l~g ,IS · classified as a. condltl9pal I use in a General COrf\!1l~r; .cial (GC) zon~. ' eB 281-471-1234 Fax 281-471-5763 .'. ' . .......'1];/h\"egulelr.',m~~~-... in!:lof'mePla.nn~ng;~r~.. '" ZOninghC::9m~:~tWe~.fu~ re me, the underSigned authonty, on this date came and follow ..te p .' ".'~". i. .. if()r....the...purposel'()fh.'elaytr.~I~gg . eared Lisa Godfrey, a duly authonzed representative of The ...... . nthe'publC. e. .... . . ,~~~s and to .c?~ductothh~shore Sun, a semi-weekly newspaper published and generally ~~~%~s~6za'n'ngtO} ibuted in the City of La Porte, Harris County, Texas and who << . ,. being duly sworn, swears the attached notice was published in ". Citizehsc~~mr~ Bayshore Sun dated ~ 1.9.s- / D'7 to: address,th~,., ,,,, sionproor .con d~nng tl'le Public Hearing Will be reo,. qui red to, sign in before the, meeting IS convened.. of La Porte nty of Harris te of Texas CITY OF LA PORTE MarthaGillett, TRMC, CMC . City Secretary . Godfrey A quorum Of City Council members may b~ pr~sent and participate, m,dlsc.us- sions during thlS.rne~tmg, I and however, no ac!,op ,w'/I.~e. taken by Council. . . · J1C'}; subscribed before me this ,2007. ~~( day of This' fa~i/ity.. has.disability 8~""'~; ~ ~~ 1 able. Requests for IiICCO~- . mOdations...orinterp..r.e,tlv..~.O , \ J ~ seNices at mefi'tIng should be made~8ho,urs prior to them~etlnfJ'l Kellogg Please contact the . CIty . Secretary's officeat(2~1)Public 471-5020 or.. TOO. lcmf3... (281) 471-5030 for turtherJounty, Texas information, . ,7~Jt..oh' : ",.....~ i ~~~5l(.~.. t~~ '-t\ n I ~"'" ..~< -4N"'~~ "1'f9",~"~ KAROLYN KEllOGG MY COMMISSION EXPIRES Apill11,2010 My Commission Exprires Apri/11, 2010 ,~\~rrJ City of La Porte Established 1892 March 20, 2007 Honorable Mayor Alton Porter and City Council City of La Porte Re: Special Conditional Use Permit #SCU07-003 Dear Mayor Porter and Council: The La Porte Planning and Zoning Commission, during a regular meeting on March 15, 2007, considered Special Conditional Use Permit #SCU07 -003. Wycoff Construction, Inc., on behalf of Process Product, seeks approval to allow off-site parking for the existing facility located at 227 North 8th Street. After consideration, the Planning and Zoning Commission, by a unanimous vote, recommends that City Council consider approval of Special Conditional Use Permit #SCU07-003 with the following conditions in place: 1. #SCU07-003 is specifically limited to the off-site parking. 2. Off-site parking shall comply with all parking standards. 3. Screening and/or landscaping of parking lot shall be required in accordance with Section 106- 444(a) of the Code of Ordinances. 4. All lighting in the parking lot shall be hooded and arranged to deflect light away from the adjoining properties in compliance with Section 106-521(a). 5. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. 1;~ Pat Muston Chairperson, Planning and Zoning Commission c: John Joerns, Interim City Manager Clark Askins, Assistant City Attorney Planning and Zoning Commission 604 W Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 ,r~~\\<'iI fl~~i~' rt ,~(1","fal!! V SCU07-003 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 9th day of April, 2007, in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request #SCU07-003, which has been requested for a 0.35 acre tract, described as lots 17-21, Block 76, Town of La Porte, Volume 83, Page 345, Harris County Deed Records, Johnson Hunter Survey, Abstract 35, La Porte, Harris County, Texas. Wycoff Construction and Development LLC., is seeking approval of a permit for the development of an off-site parking lot for the Process Product. Off-site parking is classified as a conditional use in a General Commercial (GC) zone. 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 the City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. ~I~n J SCU07-003 ',-~ r 1 !O S. 8th Street orte, Texas 77571 281-471-1234 Fax 281-471-5763 THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE 'NOTICE OF PUBLIC 1." . BHHHH HEARING, . I , . Withlhep!'~;o ~td,"~. e... tion 106-1 . f Co' . I of Ordina . . i ' i t' . 'u""" of L.a port.e, ' P'.. I s......... The sions of theT a L I /. Government.. . de, 0 Ice is herebyJi\l~n:.t9~t . La Ii PorteqJ~,~Cp:~!]Ci I 'f of La Porte conduct .'A publtq"hea g I: at 6:00'p,M.on'lhe 9th Jnty of Harris day of Apr!l, 2007, in the \ C. ouncil Cha.,.m.bers. . Of. the.' ,\te of Texas City Hall, 604 West Fair- mon! Parkway, La Porte, Texas. The purpose of this hearing is to consider Special.. . Conditional Use Permit . . Request #SCU07~003, which has (shore Sun, a semi-weekly newspaper published and generally been requested fOr a 0.~5 '. " . acre tract,' desqribed as /Ibuted In the CIty of La Porte, Harns County, Texas and who lots 17-21, Block 76, Town t b' d I h h d' bl' h d . of La' Porte, Volume 83, _ r elng u y sworn, swears t e attac e notice was pu IS e In Page .345; Harris County . " B h S d t d ?- / n l Deed, Records,:Johnsong, \ ays ore un a e ..;..J 0'1 0/ . ","",s,,,,.,..;;,...,.,,,,, e~ 35, La Porte", Harri . _, SO.C.;'..1.';.'.~s..'.C;'.;,'."~...~.i..l'!.'~'!~/.i~..., ~ ~j accommodatio!1s ... '. E!vall- , " able, Requests /or, ?CcO~- I modations :. orlnterpre.tlVe se'lli~s .'.> ~t;,meet'llgsBodfrey sliouldbel7Jad~4l:1fJo.urs ".1 prior <t/). ....the."meetlnfJ. I Pleas.e. contact the .9ty I Secretary's ()ffiqe .at (2~1) 47F5020Pr TDD Lme ,.(281) 471-;;039 forfurther infpimatio{J' ,,' , re me, the undersigned authority, on this date came and teared Lisa Godfrey, a duly authorized representative of The ,..1 and subscribed before me this CJ77a/r ch ,2007. ~a o->c/ day of ~4rv~~ Karolyn Kellogg Notary Public Harris County, Texas ,,"11ft, '~~ fr.~.i) ";;k',,~~ """9..,,,,' KAROlYN KELLOGG MY COMMISSION EXPIRES April 11, 2010 My Commission Exprires April 11 , 2010 ~l~n ~ City of La Porte Special Conditional Use Permit # SCU 07-003 This permit is issued to: Process Products Owner or Agent 227 North 8th Street. La Porte TX 77571 Address For Development of: Parkina Lot (Off-site) Development Name 300 Block of North 8th Street. La Porte Address Legal Description: Lots 17-21. Block 76. Town of La Porte La Porte. Harris County. Texas, Zoning: General Commercial (GC) Use: Parkinq Lot Permit Conditions: 1. SCU#07-003 is specifically limited to the off-site parking, 2. Off-site parking shall comply with all parking standards, 3. Screening and/or landscaping of parking lot shall be required in accordance with Section 106- 444(a) of the Code of Ordinances, 4. All lighting in the parking lot shall be hooded and arranged to deflect light away from the adjoining properties in compliance with Section 106-521(a), 5. The Developer shall comply with all applicable laws and ordinances of the City 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, Validation Date: <..f -"\ - 0 -::;- ~tlIikrAf-Ld/ City Secretary ~HIJ;lrJ' i SCU 07-003 .. . (0 ~ ~ :t: CI) ~ 604 West Fairmont Parkway La Porte, Texas 77571 CITY OF LA PORTE GIS MAPPING e CITY OF LA PORTE 1 inch equals 90.47 feet A Meeting of the La Porte Planning & Zoning Commission (Type of Meeting) Scheduled for March 15, 2007 (Date of Meeting) to Consider Special Conditional Use Permit (SCU#07-003) (Type of Request) I have received notice of the above referenced public hea1iog. I am ~OR of granting this request for the following reasons: _ ~.-i.h ~, ~~~ ~ ~ z:4, ~'" I am OPPOSED to granting this request for the following reasons: /d .&?if' ?/tJ Address )y( dad:r / 7757/ City, State, ZiP \,~' c?__= (rU r? n -\\rl~-'F:\\ . \~ L.i ~. G\\\\\ . ' I L1 \: !\. MAR li ~ 2007 ", ',I I L\ '--" . rU ' \ ) \,8 V ______;.:;;1 b"----- ,- STREET MAINTENANCE TAX I. MAY 2006 - VOTERS APPROVED 12 CENT SALES TAX FOR STREET MAINTENANCE. A. ESTIMATED ANNUAL REVENUE $500K TO $600K B. ESTIMATED 4 YEAR REVENUE $2,300,921 C. 4 YEAR AUTHORIZATION - AFTER 4 YEARS VOTERS MUST REAPPROVE. D. CAN ONLY BE USED FOR STREET MAINTENANCE FOR EXISTING STREETS. E. CANNOT BE USED TO BUILD NEW STREETS OR FOR DEBT SERVICE. II. ST AFF PREPARED A LIST OF ASPHALT AND CONCRETE STREETS FOR CONSIDERATION. A. ESTIMATED COST FOR OVERLAY - $2,022,198 B. ESTIMATED COST FOR CONCRETE REP AIRlREPLACEMENT $3,399,546 C. TOTAL ESTIMATED COST $5,421,744 D. FIRST 6 CONCRETE STREETS NEED TOTAL RECONSTRUCTION AND TOTAL ALMOST $2M III. ORIGINAL CONCEPT DISCUSSED DURING BUDGET WAS TO HOLD BOND ELECTION FOR CONCRETE STREET REPLACEMENT OF FIRST 6 STREETS AND USE STREET MAINTENANCE TAX TO FUND REP AIRS TO ASPHALT AND REMAINING CONCRETE STREETS. IV. ANALYSIS OF BONDING CAP ACITY INDICATES THIS WILL NOT BE POSSIBLE FOR SEVERAL YEARS. V. ALTERNATIVES FOR USE OF STREET MAITENANCE TAX.\ A. DEFER REPLACEMENT OF TOP 6 CONCRETE STREETS AND USE FUNDS TO REPAIR CONCRETE AND OVERLAY ASPHALT. REPLACEMENT OF CONCRETE FUNDED IN FUTURE WHEN BOND CAPACITY IMPROVED. B. USE FUNDS TO REPLACE TOP 6 CONCRETE STREETS AND DEFER REPAIR OF CONCRETE AND OVERLAY OF APSHAL T. SAME LEVEL OF MAINTENANCE ON REMAINING STREETS AS CURRENT BUDGET ALLOWS. C. REPLACE ONE CONCRETE STREET PER YEAR AND USE REMAINING ANNUAL FUNDING FOR OVERLAY. Candidates for Overlay Street Name Sq. Yds. Cost 1. Robinson Rd - N. P to Houston 8,103 $42,542.00 2. Houston - Robinson Rd. to Hiway 225 8,413 44,170.00 3. Carlow - Underwood to Canada 7,500 39,375.00 4. W. 1- S. 2nd to S. 7th 3,691 19,378.00 5 W. H - Broadway to S. 8th 5,879 30,864.00 6. S. Virginia - Main to Park 10,693 56,140.00 7. S. 1st - Fairmont to W. B 9,069 47,612.00 8. N. 8th - Main to Barbours Cut 6,147 32,270.00 9. South 5th - Main to West I 9,717 48,936.00 10. N. 2nd - Main to W. Madison 6,216 32,634.00 11. South 7th - Main to Fairmont 9,856 51,742.00 12. N. Shady Ln. - Broadway to dead end 6,200 32,550.00 13. S. Shady Ln. - Broadway to dead end 5,333 29,050.00 14. South 2nd - Main to West D 6,980 36,645.00 15. South 2nd - West D to Fairmont 5,889 30,917.00 16. West B - 146 to Broadway 6,576 34,524.00 17. N. 11th - Main to Barbours Cut 6,000 31,500.00 18. W. F - Broadway to S. 8th 6,067 31,850.00 19. Bois D' Arc - Robinson to Santa Anna 6,014 31,573.00 20. Santa Anna - Houston to Bois D' Arc 3,250 17,063.00 21. Deaf Smith - Robinson to Santa Anna 6,254 32,836.00 22. San Jacinto - Robinson to Santa Anna 5,787 30,380.00 23. South Holmes - Main to Park 6,089 31,967.00 24. South Utah - Main to Park 5,951 31,243.00 25. South Kansas - East B to Park 6,331 33,238.00 26. South 6th - Main to Fairmont 10,817 56,787.00 27. S. Carroll - Main to East E 5,867 30,800.00 28. S. Idaho - Main to East E 5,813 30,520.00 29. S. Holmes - Main to East E 5,390 28,298.00 30. Little Cedar Bayou thru Park 5,867 30,800.00 Candidates for Overlay Page 2 Street Name Sq. Y ds. Cost 31. Andricks - Underwood to Carlow 5,356 28,117.00 32. South Brownell - Main to East E 4,933 25,898.00 33. West A - 146 to South 3rd 4,840 25,410.00 34. S. Nugent-Main to East E 4,889 25,667.00 35. E. G - Broadway to San Jacinto 3,933 20,650.00 36. Montgomery - Underwood to Ridgefield 4,700 24,675.00 37. Valley View - North L to North P 4,907 25,760.00 38. N. 23rd - Spencer to N. C 4,087 21,456.00 , 39. Belfast - Underwood to Clarksville 4,067 21,350.00 40. Bayer - Carlow to Spencer 3,867 20,300.00 41. E. G - San Jacinto to S. Ohio 4,632 24,319.00 42. South 4th - Main to west B 3,400 17,850.00 43. South 4th - West H to Fairmont 2,139 11,229.00 44. North 7th - Main to West Madison 4,279 22,465.00 45. East C - San Jacinto to S. Idaho 3,850 20,213.00 46. Crescent Shores - Complete circle 3,567 18,725.00 47. Hillsdale - Spencer to Belfast 2,978 15,633.00 48. Catlett - Underwood to Andricks 2,944 15,458.00 49. Clarksville - Spencer to Carlow 3,922 20,592.00 50. Monument - Houston to Santa Anna 3,867 20,300.00 51. Battleview - North D to North end 2,333 12,250.00 52. Ridgefield - Spencer to Hillsdale 2,333 12,250.00 53. Montgomery - Bernard to Clarksville 1,544 8,108.00 54. South 6th - Fairmont to Post Office 1,100 5,775.00 55. N. 18th - Main to North End 2,163 11,357.00 56. W. Polk - N. 16th to N. 18th 1,979 10,389.00 57. W. Polk - N. 16th to East end 1,120 5,880.00 58. Easy Street - Houston to North end 1,480 7,770.00 59. Mossy Street - Houston to North end 1,187 6,230.00 60. West D - South 16th to South 18th 1,956 10,267.00 61. South 3rd - Main to West A ( 55 ft. wide) 2,567 13,475.00 Candidates for Overlay Page 3 Street Name Sq. Yds. Cost 62. Crandall - Carlow to Catlett 1,511 7,993.00 63. Belfast - Clarksville to Bernard 1,567 8,225.00 64. West A - South 16th to South 17th 782 4,107.00 65. South 17th-Main to West A 880 4,620.00 66. Creel Circle - Carlow to dead end 889 4,667.00 67. Flintlock - Battle View to West end 2,053 10,780.00 68. Fieldcrest - Sens Rd. to dead end 2,627 13,790.00 69. Plainbrook - Sens Rd. to West end 2,653 13,936.00 70. Texas - Fairmont to East G 2,400 12,600.00 71. Texas - Fairmont to West K 1,800 9,450.00 72. Oregon - Fairmont to West K 1,800 9,450.00 73. Little Cedar Bayou - S. 8th to 146 2,178 11,433.00 74. Little Cedar Bayou - S. 8th to end 1,833 9,625.00 75. South 15th - West B to dead end 1,844 9,683.00 76. Park Trail- N. Shady Ln. to S. Shady 720 3,780.00 77. South 12th - Main to West A 860 4,515.00 78. South Carroll - East E to Park 867 4,550.00 79. South Nugent - East E to end 1,369 7,187.00 80. Bernard - Carlow to Montgomery 3,144 16,508.00 81. North C - North 23m to Sens Rd. 2,560 13,440.00 82. North C - North 23m to East end 1,787 9,380.00 83. S. 11th - Main to W. C 3,089 16,217.00 84. W. Madison - Broadway to N. 7th 4,944 25,958.00 85. N. D - Sens Rd to West end 8,853 46,480.00 86. South 14th - Main to West B 860 4,515.00 87. West A- South 3rd to Broadway 4,011 21,058.00 88. South Lobit - Main to Park 6,640 34,860.00 89. South 3rd - West A to Fairmont 9,385 49,275.00 90. S. Blackwell - Main to Park 5,189 27,242.00 Total cost for overlay $2,022,198.00 ESTIMATE OF CONCRETE STREET REPAIRS BY PRIORITY February 23, 2006 Estimate of Concrete Street Repairs Total Cost Priority Location Description Sq. Yards Including Curbs 1 Valley Brook Old Orchard to Catlett 4089 $239,615.00 2 Catlett Dead end at Big Island Slough to 6533 $392,933.00 3 Old Orchard Valley Brook to Farrington 3889 $233,889.00 4 Antrim Lane Farrington to Piney Brook Dr. 3556 $208,356.00 5 Piney Brook Dr. Old Orchard to Carlow 2800 $168,400.00 6 Old Orchard Piney Brook to Farrington 2209 $132,849.00 7 Collingswood From Farrington to Valley Brook 1200 $70,800.00 8 South Iowa From 208 to East "B". 1634 $97,710.00 9 Scotch Moss 3323 Scotch Moss 892 $53,076.00 10 South Iowa From East "B" to East "C". 1217 $72,757.00 11 East"F" From South Iowa to Kansas. 933 $55,813.00 12 Collingswood From 10414 Old Hickory to Farrington 902 $54,262.00 13 Winding Trail From Hi11ridge to Farrington 1182 $71,102.00 14 th South 4th & West "C" to West "D". 638 $38,358.00 South 4 Street 15 West "G" West "G" from Broadway to South 1 st 1222 $71,622.00 16 West "G" West "G" from South 1 st to South 2nd. 1267 $74,245.00 17 West "G" West "G" from South 3rd to South 4th. 1289. $75,529.00 18 Belfast From Valley Brook to Farrington 638 $38,370.00 . 19 Rustic Gate From Old Hickory to Farrington 420 $25,260.00 20 Carlow 10207 Carlow to Valley Brook 498 $29,950.00 21 Carlow From Valley Brook to Farrington 560 $31,120.00 22 North 6th Street Intersection of West Tyler to 1184.4 $71,702.00 23 North 6th Street Start at 704 ~ West Main at second 1011 $56,150.00 24 North 6th Street Start @ intersection of West Polk, north 1011 $56,150.00 25 West "G" West "G" from South 2nd to South 3 rd. 1289 $75,529.00 26 West "D" West "D" & South 1 st intersection. 400 $22,320.00 27 West "D" West "D" & South 5th intersection. 400 $22,320.00 28 Belfast 10318- - 10326 Belfast 311 $18,711.00 Estimate of Concrete Street Repairs Total Cost Priority Location Description Sq. Yards Including Curbs 29 South 4th Street West side of street from 302 to 332 444 $26,663.00 30 West "D" West "D" & South 6th intersection. 400 $22,320.00 31 Shady River Drive From 805 to bridge, both sides of street. 363 $22,123.00 32 Shady River Drive From west side of bridge, go west to 231 $13,991.00 33 West "D" West "D" from South 4th to South 3rd. 288 $17,308.00 34 West "G" West "G" and South 3 rd intersection. 334 $19,170.00 35 West "G" West "G' and South 4th intersection. 334 $19,170.00 36 Quiet Hill 10102 Quiet Hill 125 $7,484.00 37 Quiet Hill 10030 Quiet Hill 250 $14,969.00 38 Wilmont Street 10 126 Wilmont Street at Rustic Gate 250 $14,969.00 39 Hillridge Hillridge & Roseberry intersection 187 $11,227.00 40 Roseberry 3703 - 3707 Roseberry 156 $9,380.00 41 Rustic Rock From Farrington to dead end at 10403 124 $7,484.00 42 Belfast 10238 Belfast 156 $9,380.00 43 West "G" West "G" and South 2nd intersection. 334 $19,170.00 44 West "G" West "G" and South 1 st intersection. 334 $19,170.00 45 th th 560 $33,680.00 South 4 Street South 4 from 508 to West "E" 46 West "D" West "D" from South 3rd to South 2nd. 226 $13,566.00 47 North 6th Street Intersection ofN. 6th & Tyler. 433 $24,175.00 48 th Intersection ofN 6th & Madison. 433 $24,175.00 North 6 Street 49 th Entire intersection @ North 6th & 447 $24,806.00 North 6 Street 50 North 3rd Street The approach at North 3rd and East 80 $4,370.00 51 North 3rd Street 116 North 3rd, the section between the 142 $8,846.00 52 North 3rd Street 115 North 3rd from the expansion joint 133 $7,813.00 53 North 3rd Street 120 North 3rd from second expansion 133 $7,813.00 54 North 4th Street The approach at East Main north to first 80 $4,370.00 55 South 4th Street South 4th & West "e" intersection. 400 $22,320.00 . 56 South 4th Street South 4th & West "D" intersection. 117 $6,737.00 ~.- Estimate of Concrete Street Repairs Total Cost Priority Location Description Sq. Yards Including Curbs 57 West "D" West "D" from South 6th to South 5th . 257 $15,437.00 58 Winding Trail 3 80 feet east of Hillridge 78 $4,678.00 59 Rustic Gate 9926 Rustic Gate 125 $7,484.00 60 Rocky Hollow 9947 Rocky Hollow 30 $1,794.00 61 East "F" East "F" and Kansas intersection. 400 $23,200.00 62 South Iowa South Iowa and East "H" intersection. 800 $45,200.00 63 South Iowa South Iowa and East "G" intersection. 400 $23,200.00 64 South Iowa From 613 to S. Iowa and East "F" 567 $33,887.00 65 South Iowa South Iowa and East "F" intersection. 400 $23,200.00 66 South Iowa From East "C" to 402 - 409 South 400 $23,920.00 67 South Iowa From 513 to S. Iowa and East "E" 300 $17,940.00 68 East "D" From Kansas to South Iowa. 467 $27,907.00 69 East "D" East "D" and South Iowa intersection. 400 $23,200.00 70 East "D" East "D" and Kansas intersection. 400 $23,200.00 71 East "D" From Utah to Kansas. 367 $21,927.00 72 South Iowa South Iowa and East "B" intersection. 400 $23,200.00 73 South Iowa South Iowa and East "C" intersection. 184 $10,964.00 74 3109 Bayou One section, both sides 285 $15,805.00 75 Parkmont Between Antrim and Catlett 75 $4,557.00 76 East "F" From intersection of Utah on east side 184 $11,000.00 77 Bandridge Street 8723 Bandridge Street 68 $4,012.00 78 Brookwood 3423 Brookwood 40 $2,560.00 79 Brookwood 3614 Brookwood 100 $6,012.00 80 Fern Rock 3211 Fern Rock 134 $7,850.00 81 Old Hickory From dead end to Rocky Hollow 31 $1,865.00 "- ITOT ALS $3,399,546.00 I