HomeMy WebLinkAbout2008-03-10 Regular Meeting, Public Hearing and Workshop Meeting of the La Porte City Council
5
A
MINUTES OF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
March 10, 2008
1. CALL TO ORDER
The meeting was called to order by Mayor Pro Tem Rigby at 6:10 p.m.
Members of City Council Present: Mayor Pro Tem Rigby, Council members Tommy
Moser, Mike Clausen, Georgia Malone, Mike Mosteit, Barry Beasley and Chuck Engelken.
Members of Council Absent: Mayor Porter and Howard Ebow
Members of City Executive Staff and City Employees Present: Assistant City Attorney
Clark Askins, City Manager Ron Bottoms, Finance Director Michael Dolby, Assistant City
Manager John Joerns, City Secretary Martha Gillett, Assistant Fire Chief Donald Ladd,
Controller Phyllis Rinehart, Emergency Management Coordinator Jeff Suggs, Fire Chief
Mike Boaze, Chief of Police Richard Reff, Economic Development Coordinator Gretchen
Larson, GIS Manager Brian Sterling, Fire Marshal Cliff Meekins, Judge Mitrano, EMS Chief
Ray Nolen, Operations Manager Marlene Rigby, Emergency Management Assistant Kristin
Goutier, Parks and Recreation Programs Coordinator Mike Hovendick, Fire Department
Ronnie Thibodaux, Jailer Delia Cordova, Police Department Tracy Phelan, Parks and
Recreation Superintendent Russell Capps, Director of Parks & Recreation Stephen Barr,
Economic Development Coordinator Gretchen Larson, Fire Marshal Cliff Meekins, Police
Department Crime Prevention Officer Marcus Upchurch, Police Officer Paul Whitchurch,
City Engineer Rodney Slaten, Police Department Chris Paige, Police Department Kai
Patrick, Fire Department Administrative Assistant Tammy Kannar, Volunteer Champ
Dunham, Main Street Coordinator Debra Dye, Volunteer Karen Rigby, and a number of
other employees and volunteers.
Others present: John Handy of the Houston Chronicle, Adam Yanelli of the Bayshore Sun,
John Black, Leonard Zlomke, David Janda, Phillip Hoot, Dennis Dunham, Ronda Lunsford,
Patricia Clark, John Boerstler, Mike Prasek, Reverend Bingham, Pam Dunham and a
number of citizens.
2. Michael Bingham of Abundant Life Church led the invocation.
3. Mayor Pro- Tem Rigby led the Pledge of Allegiance.
4. PRESENT A TIONSI PROCLAMATIONS
A. Mayor Pro- T em Rigby presented a Proclamation for "Daughter of the Republic of
Texas".
B. Mayor Pro-Tem Rigby recognized the retirement of John (Champ) Dunham-
Assistant Fire Chief and thanked him for his many years of service to the City.
C. Mayor Pro-Tern Rigby gave a presentation on the Independence Relay
Runners/Support Team.
The following team members and support staff were recognized:
Ron Bottoms, Judge Mitrano, Tracy Phelan, Marcus Upchurch, Paul Whitchurch,
Marlene Rigby, Chris Paige, Kia Patrick, Delia Cordaro, Gretchen Larson, Martha
Gillett, Dawn Anderson, Stephen Barr, Steve Gillett, Dora Leos, Mike Hovendick,
Rodney Slaten, Jeff Suggs and Russell Capps.
(The Meeting was taken out of order)
Mayor Pro-Tern Rigby closed the Regular Meeting and opened the Workshop
Meeting at 6:30 p.m.
11. B - Finance Director Michael Dolby and Representative Joe Newton, with
Gabriel, Roeder, Smith and Company gave a presentation on the results of a post
employment benefits study they performed.
Mayor Pro-Tern Rigby closed the workshop meeting and reopened the Regular
Meeting at 7:20 p.m.
5. CONSENT AGENDA
A. Consider approving Minutes of the Regular Meeting and Workshop Meeting of the
La Porte City Council held on February 25, 2008.
B. Council to consider approval or other action authorizing the City Manager to
approve a Resolution to sign a grant and other related documents for the Speed
and intersection Control STEP grant from Texas Department of Transportation
(2008-02)
Chief Reff presented summary and recommendation and answered Council's
questions.
C. Council to consider approval or other action authorizing the City Manager to
approve an Ordinance authorizing the City to enter into a Water Service
Agreement and a Sanitary Sewer Service Agreement with Tredco, L..P. (2008-
3066)
Assistant City Manager John Joerns presented summary and recommendation
and answered Council's questions.
D. Council to consider voting or other action to ratify earlier decision of the City
Council to forward letter in support for Highway 146 Overpass
Council member Mosteit pulled item b for discussion.
Motion was made by Councilmember Beasley to approve the consent aqenda as
presented.
Second by Councilmember Engelken. The motion carried.
Ayes: Mayor Pro-Tern Rigby, Mosteit, Moser, Clausen, Beasley, Engelken, and
Malone.
Nays: None
Abstain: None
Absent: Mayor Porter and Ebow
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE
AGENDA.
Leonard Zlomke - 209 S. Lobit addressed the Council regarding concerns with the RFQ
for the project at Sylvan Beach.
7. Council to consider approval or other action to authorize City Manager to approve an
Ordinance approving Service and Assessment Plan for Lakes at Fairmont Greens
Improvement District (Ord. 3067) - G. Larson
Economic Development Coordinator Gretchen Larson presented summary and
recommendation and answered council's questions.
Assistant City Attorney Clark Askins read Ordinance 3067 AN ORDINANCE OF THE CITY
COUNCIL OF LA PORTE, TEXAS APPROVING THE SERVICE AND ASSESSMENT
PLAN FOR THE CITY OF LA PORTE LAKES AT F AIRMONT GREENS PUBLIC
IMPROVEMENT DISTRICT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; PROVIDING AN EFFECTIVE DATE.
Motion was made by Councilmember Enqelken to approve the recommendation as
presented by Ms. Larson. Second by Councilmember Mosteit. The motion carried.
Ayes: Mayor Pro-Tern Rigby, Mosteit, Moser, Beasley, Clausen, Engelken and Malone.
Nays: None
Abstain: None
Absent: Mayor Porter and Ebow
8. Public Hearing- Council discussed assessments against Section One Properties in the
Lakes of Fairmont Greens Public Improvement District
Open Public Hearing - Mayor Pro-Tern Rigby opened the Public Hearing at 7:40 p.m.
Economic Development Coordinator Gretchen Larson presented summary and
recommendation and answered Council's questions.
There was no pubic input.
Recommendation of Staff - Council to approve Ordinance 3068, levying an assessment
against Section One Properties in the Lakes of Fairmont Greens Public Improvement
District.
Mayor Pro-Tem Rigby closed the Public Hearing at 7:41 p.m. and reconvened the Regular
meeting.
9. Council to consider approval or other action authorizing the City Manager to approve an
Ordinance levying Assessments against Section One Properties within the City of La Porte
Lakes at Fairmont Greens Public Improvement District and consider approval or other
action to approve updated bi-Iateral agreement between the City of La Porte and the La
Porte Redevelopment Authority for the management of the Public Improvement District for
the Lakes of Fairmont Greens Subdivisions
Assistant City Attorney Clark Askins read: Ordinance 3068 AN ORDINANCE OF THE
CITY COUNCIL OF LA PORTE, TEXAS, LEVYING AN ASSESSMENT AGAINST
SECTION ONE PROPERTIES WITHIN THE CITY OF LA PORTE LAKES AT FAIRMONT
GREENS PUBLIC IMPROVEMENT DISTRICT, CREATING A FIRST AND PRIOR LIEN
SECURING PAYMENT OF THE ASSESSMENTS LEVIED; MAKING CERTAIN FINDINGS
RELATED THERETO; FINDING COMPLIANCE WITH THE OPEN MEETINS LAW;
PROVIDING AN EFFECTIVE DATE.
Motion was made by Councilmember EnQelken to approve the Ordinance as presented by
Ms. Larson. Second by Councilmember Malone. The motion carried.
Ayes: Mayor Pro-Tem Rigby, Mosteit, Moser, Beasley, Clausen, Engelken and
Malone.
Nays: None
Abstain: None
Absent: Mayor Porter and Ebow
Councilmember Mosteit requested that the developer for these projects attend the
drainage committee meetings.
Motion was made by Councilmember Mosteit to approve the aQreement as presented.
Second by Councilmember Clausen. The motion carried.
Ayes: Mayor Pro-Tem Rigby, Mosteit, Moser, Beasley, Clausen, Engelken and Malone.
Nays:
Abstain:
Absent: Mayor Porter and Ebow
10. Received reports from La Porte Development Corporation Board, Fiscal Affairs Committee,
and Drainage and Flooding Committee.
There were no reports to provide on the La Porte Development Corporation Board or
Fiscal Affairs.
Chairperson Mosteit provided a report to Council on the Drainage and Flooding
Committee. The following items were noted:
The Drainage and Flooding Committee would like Council to consider moving the next
Council meeting time to begin at 7:00 p.m. to provide the committee additional meeting
time.
The Drainage study was not complete and the committee wants this report by the next
meeting.
The committee directed staff to move forward with the short term project involving the
Creekmont Subdivision. Staff is to visit with the homeowners and coordinate with Harris
County Precinct Two.
The new subdivision project in Deer Park (East Meadows) needs to be studied because it
could have a negative impact on La Porte. Staff needs to work with the City of Deer Park
on this project to ensure there no impact on La Porte.
Staff was requested to invite Pipeline companies to attend and be present at the Drainage
and Flooding Committee Meetings.
11. Mayor Pro- T em Rigby closed the Regular Meeting and opened the Workshop Meeting at
7:55 p.m.
A. Mike Boaze, Donald Ladd, Cliff Meekins and Ray Nolen provided updates on the
Fire, EMS, and Fire Marshall's Office.
C. Finance Director Michael Dolby provided a Financial Report.
D. City Manager Ron Bottoms provided information on the Main Street District
Overlay Design Control & Uses.
Mr. Bottoms informed Council there are some holes in the process whereby the
Main Street Advisory Board needs to review and approve any new development
on Main Street. He noted staff will be reviewing this process and providing
recommended solutions to the problem.
12. With the consensus of council, Mayor Pro Tem Rigby closed the workshop meeting and
reopened the public remonstrances portion of the regular meeting at 8:46 p.m. and allowed
Ronda Lunsford to speak for five minutes.
Ms. Lunsford informed Council she has concerns with the Main Street Advisory Board
making decisions on site plans. She questioned the qualification of the board to perform
this function. She reminded Council the public needs to be involved in this process as
well.
13. Administrative Reports
City Manager Ron Bottoms provided Administrative Reports on the following:
National League of Cities Conference- March 8-12,2008 - Washington, D.C.
Consul General Dinner - March 12, 2008 - 2100 Hepburn, Houston, TX- 6:30 p.m.
Harris County Commissioner Sylvia Garcia Precinct 2 Economic Summit- March 14, 2008
-1801 Allen Parkway, Houston, TX- 8:00 a.m.
TML Region 14 Spring Meeting - March 14, 2008 - Marriott Sugar Land Town Square-
11 :30 a.m.
Spring Holiday (City Observed) - March 21, 2008
City Council Meeting - March 24, 2008 6:00 p.m.
Dr. Say's Reception - March 27, 2008 - Sylvan Beach Pavilion - 5:00 p.m. - 7:00 p.m.
Election Update
15. Council Comments - Moser, Beasley, Malone, Engelken, Clausen, Mosteit, and Mayor
Pro- T em Rigby.
Councilmember Rigby noted concerns with a recent bid award to the vendor to sell surplus
properties and requested this item be brought back to a future council meeting for
reconsideration. He noted he previously voted on the item with the belief no local vendors
had bid.
16. Executive Session - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW,
CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE
(CONSULTATION WITH A TIORNEY, DELIBERATION REGARDING REAL PROPERTY,
DELBERA TION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL
MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A
WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION,
DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS)
551.071 (Pending or Contemplating Litigation) Meet with City Manager and
City Attorney to discuss hotel
DevelopmenUFairmont Drainage issues
551.071 (Pending or Contemplating Litigation) Update from City Attorney
On Cliff Hall properties
551.071 (Pending or Contemplating Litigation) Meet with City Manager and City
Attorney to discuss Centerpoint energy
rate increase
Council retired to Executive Session at 8:52 p.m. and returned to Regular Meeting
and reconvened at 9:42 p.m.
17. Considerations and possible action on items in executive session.
A. Council received report from City Manager and City Attorney on drainage issues and
hotel development zoning issues for hotel project on Fairmont Parkway and gave staff
direction on continuing negotiations.
8. Council received report from City Manager and City Attorney regarding Cliff Hall
property and code violations and directed City Attorney to prepare civil suit to enforce
zoning code.
C. Council received report from City Manager regarding possible Center Point Energy rate
increase and gave direction to staff on placement of suspension resolution on Council
agenda.
18. There being no further business to come before Council the Regular Meeting was duly
adjourned at 9:43 p.m.
Respectfully submitted,
l
~tZ6tJ~of/-4c(/
Martha Gillett, TRMC, CMC
City Secretary
Passed and approved on this 24th day of March 2008.
~~y~
Mayor Alton E. Porter
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 24. 2008
Appropriation
~h~h T7b
Requested By: S. Gillett ~
Source of Funds:
Department: Public Works
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Ordinance
Amount Requested:
Exhibits:
Letter from TxDOT
Budgeted Item: N/A
Exhibits
SUMMARY & RECOMMENDATION
The speed limits along BS 146D (Main Street to S. Broadway, S. Broadway to Wharton Weems,
S. Broadway from Wharton Weems to the Shoreacres City Limits and Wharton Weems from S.
Broadway to SH 146) and SS 501 (S. Broadway from Shoreacres City Limits to the south La
Porte city Limits) are under the jurisdiction of TxDOT. However, the city has never passed an
ordinance approving these limits.
TxDOT has performed a speed zone study for this area and is requesting that the council approve
an ordinance validating the current speed zones. No speed limit changes are proposed.
..-/
~ AiofO
ORDINANCE NO. ,1Jj'{r '1
AN ORDINANCE AMENDING CHAPTER 70 "TRANSPORTATION",
ARTICLE III "OPERATION OF VEHICLES", DIVISION 2 "SPEED
LIMITS", SECTIONS 70-97, 70-100, 70-102, 70-103 AND 70-105 OF THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE; FOR THE
PURPOSE OF DESIGNATING MAXIMUM SPEED LIMITS ON SS501
AND BS 146D WITHIN THE CITY OF LA PORTE; PROVIDING A
REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL
BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS;
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article 670lD, Vernon's Texas Civil Statutes, provides that
whenever the governing body of the City of La Porte shall determine upon the basis of an
engineering and traffic investigation that any prima facie speed therein set forth is greater
or less than is reasonable or safe under the conditions found to exist at any intersection or
other place or upon any part of a street or highway within the City of La Porte, taking
into consideration, but not limited to, the width and condition of the pavement and other
circumstances on such portion of said street or highway, as well as the usual traffic
thereon, said governing body may determine and declare a reasonable and safe prima
facie speed limit thereat or thereon by passage of an ordinance, which shall be effective
when appropriate signage giving notice thereof is erected at such intersection or other
place or part of the street or highway; and
WHEREAS, the State of Texas has directed that an Engineering and Traffic
Investigation take place for the purpose of ascertaining reasonable and prudent prima
facie speed limits on SS SOland BS l46D within the City of La Porte;
NOW, THEREFOR BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE:
Section 1. Upon the basis of an engineering and traffic investigation heretofore made
as authorized by the provisions of Article 670lD, Vernon's Texas Civil Statutes, the
Code of Ordinances, City of La Porte, Harris County, Texas, Chapter 70, Article III,
Division 2, Section 70-97 "School Zones", is hereby amended by adding the following
clause to subparagraph "a" of said section, to be added in proper numerical sequence, to-
wit:
"(29) Along BS 146 D from 486 feet South of West B Street to East H Street, a
distance of approximately 0.591 miles."
Section 2. Upon the basis of an engineering and traffic investigation heretofore made
as authorized by the provisions of Article 6701D, Vernon's Texas Civil Statutes, the
Code of Ordinances, City of La Porte, Harris County, Texas, Chapter 70, Article III,
Division 2, Section 70-100 "Thirty Mile Per. Hour Zones", is hereby amended by adding
the following clause to said section, to be added in proper numerical sequence, to-wit:
"(4)
Along BS 146 D from SH 146 (West Main and South Broadway) to 540
feet north of Forest Avenue, a distance of approximately 1.7 miles."
Section 3. Upon the basis of an engineering and traffic investigation heretofore made
as authorized by the provisions of Article 6701D, Vernon's Texas Civil Statutes, the
Code of Ordinances, City of La Porte, Harris County, Texas, Chapter 70, Article III,
Division 2, Section 70-102 "Forty Mile Per Hour Zones", is hereby amended by adding
the following clauses to said section, to be added in proper numerical sequence, to-wit:
"(9) Along SS 501 from BS 146 D (Wh,arton Weems Blvd) to Fairfield, a
distance of 0.873 miles.
(10) Along SS 501 from 272 feet north of North Shady Lane to the South City
of La Porte Limit, a distance of approximately 0.144 miles.
(11) Along BS 146 D from 540 feet north of Forest Avenue to 1,596 feet south
of Forest Avenue, a distance of 0.200 miles."
Section 4. Upon the basis of an engineering and traffic investigation heretofore made
as authorized by the provisions of Article 6701D, Vernon's Texas Civil Statutes, the
Code of Ordinances, City of La Porte, Harris County, Texas, Chapter 70, Article III,
Division 2, Section 70-103 "Forty-Five Mile Per Hour Zones", is hereby amended by
adding the following clause to said section, to be added in proper numerical sequence, to-
wit:
"(5)
Along BS 146 D from 1,596 feet south of Forest Avenue to Wharton
Weems Blvd, a distance of approximately 0.695 miles."
Section 5. Upon the basis of an engineering and traffic investigation heretofore made
as authorized by the provisions of Article 6701D~ Vernon's Texas Civil Statutes, the
Code of Ordinances, City of La Porte, Harris County, Texas, Chapter 70, Article III,
Division 2, Section 70-105 "Fifty-five Mile Per Hour Zones", is hereby amended in its
entirety and shall hereinafter read as follows, to-wit:
"Sec. 70-105. Fifty-five mile per hour zones.
The following streets or portions of such streets shall constitute special speed
zones, and it shall be unlawful for any person to operate any motor vehicle at a rate of
speed in excess of 55 miles per hour in any such zone:
(1) Fairmont Parkway, from a point 2,400 feet east of Bay Area Boulevard to
Luella Boulevard, a distance of 22,800 feet, 4.318 miles.
(2) Along BS 146 D from Wharton Weems Blvd. to SH 146, a distance of
approximately 0.672 miles."
Section 6: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the
extent of such inconsistency and in all other respects this ordinance shall be cumulative
of other ordinances regulating and governing the subject matter covered by this
ordinance.
Section 7: Should any section or part of this ordinance be held unconstitutional, illegal,
or invalid, or the application to any person or circumstance for any reasons thereof
ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or
ineffectiveness of such section or part shall in no way affect, impair or invalidate the
remaining portions thereof; but as to such remaining portion or portions, the same shall
be and remain in full force and effect and to this end the provisions of this ordinance are
declared to be severable.
Section 8. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall
violate any provision of the ordinance, shall be deemed to have committed a Class C
misdemeanor and upon conviction shall be' punished by a fine not to exceed TWO
HUNDRED DOLLARS ($200.00).
Section 9. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
Council is 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 Chapter 551, Tx. Gov't
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 furth~r rat~fies, approves and confirms such
written notice and the contents and posting thereof.
Section 10. This Ordinance shall be effective fourteen (14) days after its passage and
approval. The City Secretary shall give notice ofthe passage of this ordinance by causing
the caption hereof to be published in the official newspaper of the City of La Porte at
Mayor
ATTEST:
~~d
Ci y Secretary
APPROVED:
tfp 1: ~
City Attorney
*
I Texas Department of Transportation
P.O. BOX 1386. HOUSTON, TEXAS 77251-1386. (713) 802-5000
February 8, 2008
RECEIVED
Speed Zoning
Harris County
BS 146d; SS 501
Control 0389-15 & 16
FEB 1 3 2008
CiTY SECRETAAY'~>
OFffC~
The Honorable Alton Porter
Mayor, City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
Dear Mayor Porter:
Our office has completed a speed zone study along BS 146D and SS 501 within the City of La
Porte. This latest speed zone study confirms current posted speed limits within this segment of
these roadways. However, our records search did not recover copies of a speed zone ordinance
covering these existing speed zones from the City of La Porte.
We are attaching a prepared speed zone ordinance suggested by the Texas League of
Municipalities containing the recommended zones. If you concur with the zones, please furnish
this office with a copy of your executed ordinance.
If you should have any questions concerning this matter, please contact Mr. Michael C.K. Awa,
P.E., at (713) 802-5858.
Sincerely,
~ QJ.H,~a-L.~~rt.
\.v'Shlart C.-Corder, P.E.
District Traffic Engineer
Houston District
MCA: nmaj
Attachments
cc: Mr. Boris Klebanskiy
Mr. Sylvester E. Onwas, P.E.
Mr. Michael C.K. Awa, P.E.
An Equal Opportunity Employer
c
"--
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 24. 2008
Bude:et
Requested By: .leff Sggli
Source of Funds:
Department: Fmergew:y MaDaFm.~pt
Account Number:
Report:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Ordinance 1498-A if approved, would update the City's current emergency management ordinance and program to
be consistent with Harris County and the State of Texas. The existing ordinance was developed in 1986. Since then
there have been changes in Emergency management across the State and in La Porte. This revision to the ordinance
will reflect those changes.
~~9 /09J
Date
Ordinance No. 1498-A
(IDr
1/1 ~/(d 3;J ~
AN ORDINANCE ESTABLISHING A PROGRAM OF COMPREHENSIVE
EMERGENCY MANAGEMENT AS REQUIRED BY TEXAS GOVERNMENT
CODE CHAPTER 418, PROVIDING FOR DISASTER MITIGATION,
PREPAREDNESS, RESPONSE, AND RECOVERY; PROVIDING FOR
HOMELAND SECURITY; ACKNOWLEDGING THE OFFICE OF
EMERGENCY MANAGEMENT; AUTHORIZING THE MAYOR TO ACT AS
THE EMERGENCY MANAGEMENT DIRECTOR AND PROVIDING THE
DUTIES AND RESPONSIBILITIES OF THE POSITION; IDENTIFYING AN
OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO
COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH
THREATEN LIFE AND PROPERTY IN THE CITY OF LA PORTE;
AUTHORIZING COOPERATIVE AND MUTUAL AID AGREEMENTS FOR
RELIEF WORK BETWEEN THE CITY OF LA PORTE AND OTHER CITIES
OR COUNTIES AND FOR WORK RELATED PURPOSES; PROHIBITING
UNAUTHORIZED TAMPERING OR USE OF WARNING SYSTEMS; AND
MAKING VIOLATIONS A MISDEDMEANOR PUNISHABLE BY FINE NOT TO
EXCEED $1,000, AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF; CONTAINING A REPEALING CLAUSE; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE;
WHEREAS, The City Council of the City of La Porte finds that the identification of
potential hazards and the prevention or mitigation of their effects must be an on-going
concern of the City if lives and property of the populace are to be protected; and
WHEREAS, The City Council hereby declares that the preparation of a plan, and the
means for its implementation, for the protection of lives and property in the City of La
Porte from natural or man-caused disasters or threat thereof is immediately essential; and
WHEREAS, the City Council further finds that in times of disasters which may imperil
the safety of the inhabitants of the City, or their property, it becomes necessary to
effectuate and place into operation the preconceived plans and preparations with a
minimum of delay; and
WHEREAS, the City council finds, therefore, that the preparation, adoption and the
implementation of such plans are imperative;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. There exists the Office of Emergency Management for the City of La Porte, of
which the Mayor shall be the authorized Director, in accordance with State law. In the
case of the absence or incapacity of the Mayor, the Mayor Pro Tern shall serve as
Director of the Office of Emergency Management. In the absence or incapacity of the
Mayor Pro Tern the City Manager will serve as Director.
A) An Emergency Management Coordinator will be appointed by and
serve at the pleasure of the Director;
B) The Director shall be responsible for conducting a program of
comprehensive emergency management within the city and for carrying
out the duties and responsibilities set forth in Section 4 of this ordinance.
He may delegate authority for execution of these duties to the Coordinator,
but ultimate responsibility for such execution shall remain with the
Director.
Section 2. The powers and duties of the Director shall include an on-going survey of
actual or potential major hazards which threaten life and property within the city; and an
on-going program of identifying and requiring or recommending the implementation of
measures which would tend to prevent the occurrence or reduce the impact of such
hazards if a disaster did occur. As part of his responsibility in hazard mitigation, the
Director shall supervise the development of an emergency management plan for the City
of La Porte, and shall recommend the plan for adoption by the City Council along with
any and all mutual aid plans and agreements which are deemed essential for the
implementation of such emergency management plan. The powers of the Director shall
include the authority to declare a state of disaster, but such action duties of the Director
shall also include the causing of a survey of the availability of existing personnel,
equipment, supplies, and services which could be used during a disaster, as provided for
herein, as well as a continuing study of the need for amendments and improvements in
the emergency management plan.
Section 3. The duties and responsibilities of the Emergency Management Director, to be
executed both through personal actions and through the delegation of tasks, shall include
the following:
A) The direction and control of the actual disaster operations of the La
Porte Office of Emergency Management as well as the training of the
Emergency Management personnel.
B) The determination of all questions of authority and responsibilities that
may arise within the emergency management organization of the city.
C) The maintenance of necessary liaison with other municipal, county,
district, state, regional, federal, or other Emergency Management
organizations.
D) The marshaling, after declaration of a disaster as provided for above, of
all necessary personnel, equipment, or supplies from any department of
the City which may aid in carrying out the provisions of the emergency
management plan.
E) The issuance of all necessary proclamations as to the assistance of a
disaster and the immediate operational effectiveness of the City of La
Porte emergency management plan.
F) The issuance of reasonable rules, regulations or directives which are
necessary to the protection of life and property in the City of La Porte.
Such rules and regulations shall be filed in the office of the city Secretary
and shall receive widespread publicity unless publicity would be to the
detriment of the public.
G) The supervision of the drafting and execution of mutual aid
agreements, in cooperation with the representatives of the state and of
other local political subdivisions of the state, and the drafting and
execution, if deemed desirable, of an agreement with the county in which
said city is located and with other municipalities within the county, for the
county-wide coordination of emergency management efforts.
H) The supervision of, the final authorization for the procurement of all
necessary supplies and equipment, including acceptance of private
contributions which may be offered for the purpose of improving
Emergency Management within the City.
I) The authorizing of agreements, after approval by the City Attorney, for
use of private property for public shelter and other purposes.
Section 4. The Office of Emergency Management of the City of La Porte shall consist of
the officers and employees of the city so designated by the Director in the emergency
management plan, as well as all organized volunteer groups. The functions and duties of
this organization shall be distributed among such officers and employees in accordance
with the terms of the emergency management plan. Such plan shall set forth the form of
the organization, establish and designate divisions and functions, assign tasks, duties and
powers, and designate officers and employees to carry out the provisions of this
ordinance. Insofar as possible, the form of organization, titles and terminology shall
conform to the recommendations of the Governor's Division of Emergency Management
of the State of Texas and of the Federal Government.
Section 5. Any unauthorized person who shall operate a siren or other notification system
so as to stimulate a warning signal, the false notification of a warning, or the termination
of a warning, shall be deemed guilty of a violation of this ordinance and shall be subject
to the penalties imposed by this ordinance.
Section 6. At all times when the orders, rules, and regulations made and promulgated
pursuant to this ordinance shall be in effect, they shall supersede and override all existing
ordinances, orders, rules, and regulations insofar as the latter may be inconsistent
therewith.
Section 7. This ordinance shall not be construed so as to conflict with any State or federal
statute or with any military or naval order, rule, or regulation.
Section 8. This ordinance is an exercise by the City of its governmental functions for the
protection of the public peace, health, and safety and neither the City of La Porte, the
agents and representatives of said City, not any individual, receiver, firm, partnership,
corporation, association, or trustee, nor any of the agents thereof, in good faith carrying
out, complying with or attempting to comply with, any order, rule, or regulation
promulgated pursuant to the provisions of this ordinance or State laws, regulations, or
orders shall be liable for any damages sustained to persons as the result of said activity.
Any person owning or controlling real estate or other premises who voluntarily and
without compensation grants to the City of La Porte a license of privilege, or otherwise
permits the city to inspect, designate and use the whole or any part or parts of such real
estate or premises for the purpose of sheltering persons during an actual, or impending
emergency situation shall, together with his successors in interest, if any, not be civilly
liable for the death of, or injury to, any person on or about such real estate or premises
under such license, privilege or other permission or for los of, or damages to, the property
of such person.
Section 9. In the case of a declared emergency or disaster, the Director and any city
officials or employees acting under the authority of the Director shall not be subject to a
prohibition on expenditure of public funds without prior approval from City Council, to
the extent any such expenditures are sourced from qualifying contingency fund accounts,
or other city accounts as necessary, not inconsistent with State law or the La Porte City
Charter.
Section 10. It shall be unlawful for any person willfully to obstruct, hinder, or delay any
member of the Emergency Management organization in the enforcement of any rule or
regulation issued pursuant to the authority contained in this ordinance. It shall likewise be
unlawful for any person to wear, carry or display any emblem, insignia or any other
means of identification as a member of the Emergency Management organization of the
City of La Porte, unless authority to do so has been granted to such person by the proper
officials. Convictions for violations of the provisions of this ordinance shall be
punishable by fine not to exceed $1,000.
Section 11. Each employee or any individual that is assigned a function or responsibility
shall solemnly swear or affirm to support and defend the Constitution of the United
States, laws of the State of Texas and Ordinances of the City of La Porte.
Section 12. If a portion of this ordinance shall, for any reason, be declared invalid, such
invalidity shall not affect the remaining provisions thereof.
Section 13. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
Section 14. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 15. This Ordinance shall be effective fourteen (14) days after its passage and
approval. The City Secretary shall give notice to the passage of the ordinance by causing
the caption to be published in the official newspaper of the City of La Porte at least twice
within ten (10) days after the passage of the ordinance.
PASSED AND APPROVED, this _ day of
,2008.
CITY OF LA PORTE
By:
Alton E. Porter
Mayor
ATTEST:
Martha A. Gillett
City Secretary
APPROVED:
//#r~
Clarrnskins
Assistant City Attorney
D
--
~
-----
-----------
REQUEST FOR CITY COUNCIL AGENDA ITEM
Department:
Appropriation
Agenda Date Requested: March 24
\
Requested By: Stephen L. Barr
Source of Funds: N/A
Acc't Number:
Report: _Resolution: _Ordinance: X
Amount Budgeted:
Exhibits:
Interloca1 Agreement with Harris County Amount Requested:
Exhibits:
Bud eted Item:
YES
NO X
SUMMARY & RECOMMENDATION
On January 28, 2008 the City of La Porte entered into a Project Cooperation Agreement with the
Texas General Land Office (TGLO) to construct Sylvan Beach Shoreline Protection and Beach Nourishment
Project through the Coastal Erosion Planning and Response Act (CEPRA). The project is expected to cost
$2,525,172, with the TGLO paying $1,400,000 or 55% of the project, and the City of La Porte paying
$1,125,172, or 45% percent of the total estimated cost of the project.
This agreement provides for Harris County to pay one-half of the cost of the City's 45% share of the
project in an amount not to exceed $600,000. If approved, Harris County will send its share of the funding
($600,000) to the City of La Porte within ninety days of execution by Commissioner's Court. This project
will be administered by the Texas General Land Office and the City/County share will be billed to the City
of La Porte, by the Texas General Land Office, at 45% of monthly expenditures.
Staff recommends approval of this cooperative Interlocal Agreement by the City of La Porte and Harris
County to protect the Sylvan Beach Park shoreline from future deterioration and to restore the historic beach to
Sylvan Beach. This project will have a tremendous positive recreational as well as economic impact on our city.
Action Required bv Council:
Consider approval of: AN ORDINANCE APPROVING AND AUTHORIZING AN
ERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY
FO SYLVAN BEACH C.E.P.R.A SHORELINE PROJECT, ACCORDING TO THE TERMS OF
T AGREEMENT PROVIDED.
3/;9 /r; ~
Date
ORDINANCE NO. 2008-i-'./{ r
AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY FOR SYL VAN BEACH
C.E.P.R.A SHORELINE PROJECT, ACCORDING TO THE TERMS OF THE
AGREEMENT PROVIDED; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract, agreement, or
other undertaking described in the title of this ordinance, 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 ofthe 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 ofthe date, hour, place, and subject of this 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.
Page 1 of2
Section 3. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
PASSED AND APPROVED, this 24TH day of MARCH 2008.
CITY OF LA PORTE
(... ,,---........
'\ \""
. (\'\r.....l..- ,t ;V I
'-.lJ.J~..1 ~
By:
Alton E. Porter,
Mayor
ATTEST:
Lfndu/~
Martha Gillett,
City Secretary
APPROVED AS TO FORM: .//'
11i/ /';J I
'c:c/()~ ?t) UA/~
Knox W. Askins,
City Attorney
Page2of2
~
.,
Sylvia R. Garcia
Commissioner
Downtown Office
1001 Preston, Suite 950
Houston, TX 77002
Tel: 713.755.6220
Fax: 713.755.8810
Baytown Annex
701 W. Baker Road,
Suite 104
Baytown, TX 77521
Tel: 281.427.731\
Fax: 281.837.1290
Clear lake Annex
16603 Buccaneer Lane
Suite 1 00,
Houston, TX 77062
Tel: 281.488.4678
Fax: 281.286.7450
Raul C. Ma~nez Ar",ei
\001 S. Sgt. Macario
Garcia Dr., Suite 102
Houston, TX 71011
Tel: 713.924.3975
Fax: 7\3.924.397\
Jim Fonteno Annex
14350 Wallisvllle Road
Houston, TX 77049
Tel: 713.455.8104
Fax: 713.451.6714
Kyle Chapman
Pasadena Annex
7330 Spencer Hwy
Pasadena, TX 77505
Tel: 281.479.7770
Fax: 281.479.3075
March 27,2008
AGENDA ITEM
Commissioners Court
Harris County Administrative Building
1001 Preston, 9th floor
Houston, Texas 77002
Dear Court Members:
Please consider the following for the April 8, 2008 Commissioners Court Agenda.
Request the approval of an agreement between Harris County and the City of
La Porte to have an armored shore line constructed along the Galveston Bay
shoreline at Sylvan Beach. The City of La Porte has entered into a project
cooperation agreement with the State of Texas General Land Office (GLO) for
the design and construction of the project by the GLO. The County is to pay
$600,000.00 to the City of La Porte for a local match contribution from both the
City and County to the GLO.
.,;,0
.
itJiu ULG 11.~ ~. f!!
l~~ C g:~ 0 ISSloner
H is County Pr c' ct Two
Vote of the Court:
Comm. Eversole
Judge Emmett
Comm. Lee
Comm. Garcia
No
o
o
Sincerely,
SRG/gem
(s.:>"", <<' ~ ? <..1;;;; CB~-"6
Presented to Commissioner's Court
d 0 ~'\."\
APR 08.2008
APPROV.E Lf ~
Recorded VoL-- Page
....:>.
:P
o
co
:x
:I:-
::::0
(,..:>
-
......
-D'-'=-
(;-;.):;0..
r-1
-,..
-..:...~ .-....
rrlU?
Zr-',
-1. ,;
<.P
P'i
-;"0
<-<
,)
l""1
(/1
;:::..
:x
a
U1
CD
CONtP !\J~Y
K: \laporteSylvanBeachShoreline II
AGREEMENT
THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
This Agreement is made and entered into by and between Harris County, a body corporate
and politic under the laws of the State of Texas, hereinafter called "County," and the City of La
Porte, a body corporate and politic under the laws of the State of Texas, hereinafter called "City";
RECITALS:
1. It is to the mutual benefit of County and City to have an armored shore line constructed
along the Galveston Bay shoreline at Sylvan Beach, including approximately 1,000 feet of beach
nourishment fill, within the incorporated area of the City, hereinafter called the "Project."
2. The City has entered into a Project Cooperation Agreement with the State of Texas General
Land Office (the "GLO") in regard to the design and construction of the Project by the GLO.
3. The Project Cooperation Agreement provides that the City shall, each month, reimburse the
GLO 45% of the costs incurred by the GLO in designing and constructing the Project during the
preceding month, but authorizes either the GLO or the City to terminate the agreement upon at
least thirty days advance notice.
4. The City entered into the Project Cooperation Agreement with the expectation that the
County would participate in the Project by providing 50% of the money that the City is to provide
to the State under the Project Cooperation Agreement, up to a maximum County contribution of
$600,000.00.
5. If the County does not enter into this Agreement to help fund the City's contribution under
the Project Cooperation Agreement, the City intends to exercise its right to terminate the Project
Cooperation Agreement.
6. The County is willing to enter into this Agreement if the City agrees not to exercise its
authority to terminate the Project Cooperation Agreement without the consent of the Harris County
Commissioners Court.
NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and
benefits to the parties herein named, it is agreed as follows:
TERMS:
1. Within ninety (90) days after the approval of this Agreement by both the City and the
County, the County shall deliver to the City its check in the amount of $600,000.00. Such funds
shall be used only to make 50% of each payment owed to the GLO under 3.01 of the Project
K: \laporteSylvan BeachShorelinel1
Cooperation Agreement, and no County funds shall be delivered to the GLO unless the City
delivers a matching amount of the County's funds.
2. The City shall deliver to the County all documents, including but not limited to proposed
drawings and specifications for the Project, received from the GLO and shall, upon request, present
to the GLO any comments that the County may make in regard to such documents and/or the
Project. The City shall not approve or comment to the GLO in regard to any documents provided
to it by the State in regard to the Project unless such documents are approved by the Commissioner
of Precinct Two of the County or that person's designee.
3 It is expressly understood and agreed that the County has available the maximum sum of
$600,000.00 to satisfy its obligations under this Agreement, and the County shall not be obligated
to expend more than that maximum sum.
4. No party hereto shall make, in whole or in part, any assignment of this agreement or any
obligation hereunder without the prior written consent of the other parties hereto.
5. The City shall not exercise its right to terminate the Project Cooperation Agreement unless
and until such termination is expressly approved by order of the Harris County Commissioners
Court. Upon demand by the Commissioners Court at any time, the City shall exercise its right to
terminate the Project Cooperation Agreement.
6. Within 60 days after completion or termination of the Project Cooperation Agreement, the
City shall deliver to the County its check in the amount of any funds provided by the County that
were not required to be provided to the GLO or of which the City receives a refund from the GLO
under the Project Cooperation Agreement.
7. All notices required or permitted hereunder shall be in wntmg 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 herein below 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:
CITY
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
Attn: Stephen L. Barr, Director of Parks & Recreation Department
K: \laporteSylvan BeachShorelinel1
COUNTY:
Harris County
Harris County Administration Building
1001 Preston, ih Floor
Houston, Texas 77002
Attn.: Commissioner, Precinct 2
8. This instrument contains the entire agreement between the parties relating to the rights
herein granted and the obligations herein assumed. Any modifications concerning this instrument
shall be of no force and effect excepting a subsequent modification in writing, approved by the
governing bodies and signed by all parties hereto.
IN TESTIMONY OF WHICH, this agreement, in duplicate counterparts, each having equal
force and effect of an original, has been executed on behalf of the parties hereto as follows, to-wit:
APR f) 8 2008
It has on the _ day of , 2008, been executed
on behalf of the County by the County Judge of Harris County, Texas,
pursuant to an order of the Commissioners Court of Harris County
authorizing such execution.
a.
b.
It has on the day of , 2008, been executed
on behalf of the City by the Mayor and attested by its City Secretary,
pursuant to ordinance of the City Council of the City of La Porte authorizing
such execution.
APPROVED AS TO FORM:
HARRIS COUNTY
MIKE STAFFORD
County Attorney
By I;'", C ?J~.
OON C. WHITLEY
A Assistant County Attorney
pf'f({) V~J> As Tt> I=DrtM
, .~ -z.<J. ~
)</110';" f,A.J. Asj,u,v5 . C- flY ~~
ATTEST )
By &1 fA4~
ED EMMETT, County u&ge
CITY OF LA PORTE
ByLfr!tlIiL4f/$
By
~L~~
City secretary
Mayor
K: \IaporteSylva nBeachShoreline II
AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the amount of $600,000.00 to accomplish and
pay the obligations of Harris County herein.
/J j7
~ .A/~ cof?/or
Barbara J. Schott, County Auditor
-
.-
Presented to Commissioner's Court
s
s
APR 0 8 2008
APPROVE
Recorded Vo'-- Page
K:\laporteSylvan BeachShorelinel1
THE STATE OF TEXAS
COUNTY OF HARRIS
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at
the Harris County Administration Building in the City of Houston, Texas, on the _ day of
APR e 8 20G8 , 2008, with the following members present, to-wit:
.
Ed Emmett
EI Franco Lee
James F onteno
Skye Radack
Jerry Eversole
County Judge
Commissioner, Precinct No.1
Commissioner, Precinct No.2
Commissioner, Precinct Nu. 3
Commissioner, Precinct No.4
and the following members absent, to-wit: ~
a quorum, when among other business, the following was transacted:
, constituting
ORDER AUTHORIZING/APPROVING AGREEMENT BETWEEN HARRIS
COUNTY AND THE CITY OF LA PORTE
Commissioner ~ introduced an order and made a motion
that the same be adopted. Commissioner ~ seconded the motion for
adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the
following vote:
Comm. Eversole
Abstain
o
o
o
o
Judge Emmett
Comm. Lee
Comm. Garcia
The County Judge thereupon announced that the motion had duly and lawfully carried and
that the order had been duly and law-fully adopted. The order thus adopted follows:
1. It is to the mutual benefit of County and the City of La Porte (the "City") to have an
armored shore line constructed along the Galveston Bay shoreline at Sylvan Beach, including
approximately 1,000 feet of beach nourishment fill, ,within the incorporated area of the City,
hereinafter called the "Project."
2. The City has entered into a Project Cooperation Agreement with the State of Texas General
Land Office (the "GLO") in regard to the design and construction of the Project by the GLO.
3. The Project Cooperation Agreement provides that the City shall, each month, reimburse the
GLO 45% of the costs incurred by the GLO in designing and constructing the Project during the
K: \IaporteSylva nBeachShorelinel1
preceding month, but authorizes either the GLO or the City to terminate the agreement unpon at
least thirty days advance notice..
4. The City entered into the Project Cooperation Agreement with the expectation that the
County would participate in the Project by providing 50% of the money that the City is to provide
to the State under the Project Cooperation Agreement, up to a maximum County contribution of
$600,000.00.
5. If the County does not enter into this Agreement to help fund the City's contribution under
the Project Cooperation Agreement, the City intends to exercise its right to terminate the Project
Cooperation Agreement.
6. The County is willing to enter into this Agreement if the City agrees not to exercise its
authority to terminate the Project Cooperation Agreement without the consent of the Harris County
Commissioners Court.
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COUT THAT:
The County Judge is authorized to execute for and on behalf of Harris County, an Agreement by
and between Harris County and the City of La Porte for funding part of the City of La Porte's share
of a Project Cooperation Agreement between the City of La Porte and the Texas General Land
Office providing for the construction of an armored shore line along the Galveston Bay shoreline at
Sylvan Beach, including approximately 1,000 feet of beach nourishment fill, said Agreement
between the County and the City of La Porte being incorporated herein by reference for all
purposes as though fully set forth word for word.
~:~:!:':::"~~'~:-:~':':-~~~.".~~:~~~()~r':':"':-~~:-'~.~~f~~'~'_~"~":'":>:.~'.':'-:<<-:;'::"';''!".:'-:'':~~::ln:'''''':''~?:.!:<I~!':'.~:~~r;fr.~~f:',,~-':<~~.~y.:'.O:OO:':.""'~~~(.:~;:t~~:::::;~~.~~~~_~~_~~~.~:".~~~m~~1!?~':~\'!'J.'."i:~:~-~~';<:"''':';\.~~.''''':.~~~_7~r,;~:;_'':',,:>::~'.''''''',~'.t:>-...,~~~:;~~t::'~".:""'~~:'";':~"='~"'.~'.'".'~'r~,:_".:':."".'t(.~,~;,(:':':\f'...~."J:""'':!'::'!~.~:'='::r:~~~~,~'';t)('';'<.~~,,.,)~"~=~.'':,:':':t:~n':l':.'':~h':!~!'~(......~,.=,.,~~~~,I'l-t~;.~~==m~~~.....,'".~_.
Harris County Production OS/21/08 SPECIAL PURCHASE REQUEST REPORT Page 1
WED, MAY 21, 200B, 1:03 PM --req: LGARNER---leg: HC JL--loc; ADMINBLD--job: 9906152 #J2231--prog: P0425 <1.15>--report id: POFLPR12
PR Number Vendor ID
PO Number SSN I TIN
Vendor
Phone
Rqst Dt Requested By
=~==~==== ~~u~======== ============:=~==========c=*~=~===== =_c=~==========~=========~~s======= =m_===== =_~=~=======_=======
R270733 746001552
P141454
CITY OF LAPORTE
604 W FAIRMONT
OS/20/08 Garner, Lindy
74-6001552
LA PORTE, TX 77571
Split Amount
KEY-OBJECT Quantity
Item Description JL ACCOUNT STRING Unit Cost
=-== =======~-==========~-~=========:=--===========-~==1========~-=====~==== ====~========
0001 AGREEMENT BETWEEN HARRIS COUNTY AND THE ~l0010218-621200~ \
CITY OF LA PORTE TO HAVE AN ARMORED JA7l0000300-223POOOO~ 600,000
SHORE LINE CONSTRUCTED ALONG THE 1. 00
GALVESTON BY SHORELINE AT SYLVAN BEACH,
INCLUDING APPROXIMATELY 1,000 FEET OF
BEACH NOURSISHMENT FILL, WITHIN THE
INCORPORATED AREA OF THE CITY.
Tax Arntl
Tax Amt2
Discount
Duty
Charges
Extended
Units
Product 10
Warehouse
=a_=========_ ========_~======
0.00
0.00
0.00
0.00 LOT
0.00 j
600,000.00
PLEASE ALLOW FOR PARTIAL PAYMENTS
APPROVED IN COMMISSIONERS COURT ON
4/8/200B
PERSON / ENTITY TOTALS: Total Discount Amount
0.00
Total Tax Amount
0.00
Total Tax2 Amount
0.00
Total Charges Amount
0.00
Total Duty Amount
0.00
600.000.00 j
Total Amount
ENTBRBD
MAY 2 1 2008
Lindy Garner
ENTERED
MAY 21 2008
P.O. Balan<e ~
CHECK CODING .;
ALTER HOLDING FILE I
PRINT BACKUP .;
BUDGET TRANSFER ~~ .
COURT:y-i'-N_ DATE~\
CHECK FOR NOTijS FROM SH~IRLY
ENTERED EXCErY AND POBI
READY FOR FILING?
E
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By:
03/24/08
;?JS#I
D. Wilmore
Budsret
Agenda Date Requested:
Source of Funds:
Department:
PllIIDDiD': Dq)artment
Account Number:
Report: X Resolution:
Ordinance:
X
Amount Budgeted:
Exhibits: Bldg. Codes Appeal Bel. Recommendation Memo
Exhibits: State Notification E-mail
Amount Requested:
Budgeted Item: YES NO
Exhibits: Review Comments wlDlustrated Code Chan2eS
Exhibits: Ordinance #96-2079-L
SUMMARY & RECOMMENDATION
In November 2007 the Building Codes Appeals Board (BCAB) directed staff to obtain copies of the 2008 National
Electrical Code (NEC) and provide review comments to the Board. That review was completed in January 2008 and
code comments were provided to the Board at their February 26, 2008 meeting.
Following their review of the information and code, the Board unanimously voted to recommend adoption of the
2008 Edition of the National Electrical Code. Their recommendation is to adopt the code while leaving existing
local electrical amendments in place. No new local amendments are proposed.
The Board's memo and Ordinance #96-2079-L identify a minimum fourteen (14) day effective date, without a
typical delayed implementation period since no new local amendments were made and the State just mandated the
new NEC code edition as the code for the State.
Memo
CC:
Honorable Mayor and City Council
Mr. Tom CampbelL Chairman of the Building Codes Appeals Board ~.
All Building ~o~APPeals Board Members
Debbie S. W~ore, Chief Building Official
3/6/2008
Adoption of the 2008 Ed. of National Electrical Code
To:
From:
Date:
Re:
In February, 2008 the Texas Department of Licensing and Regulation (TDLR) filed and
published the rule that mandated State adoption of the 2008 version of the National Electrical
Code (NEC) effective March 1, 2008.
At our November 15, 2007 Building Codes Appeals Board meeting staff was directed to
obtain the 2008 NEC, review the book and then provide the Board with written comments at
the February 2008 board meeting. At the February 26, 2008 meeting, the Board voted to
forward their recommendation to Council.
That recommendation is as follows: Staff should prepare an ordinance to adopt the 2008
Edition while leaving the "existing" local electrical amendments in place without changes.
Local amendments were reviewed in 2005 (complete review) and again in 2007 (back stab
prohibition); therefore, the Board does not recommend changes at this time.
With the State mandated effective date and no changes to local amendments, the Board
recommends adoption without a delayed implementation period.
Thank you for your consideration.
if::
L1CENSE.STA TE.TX.US]
At their meeting held January 30, 2008, the Texas Commission of
Licensing and Regulation adopted amendments to the administrative rules
for the electricians program. The amended adopted rules are 16 Texas
Administrative Code, Chapter 73, ~73.10 and ~73.100.
The amendment to ~73.1 0 adds a definition of the term "offer to
perform" found in Texas Occupations Code ~1305.1511 to clarify and
memorialize the agency's long-standing interpretation that advertising
as an electrical contractor or electrical sign contractor or advertising
that one performs electrical work or electrical sign work is an "offer
to perform" within the meaning of the statutory prOVision that
requires persons or entities who perform or offer to perform electrical
work to be licensed.
The amendment to ~73.100 adopts the most recent version of the National
Electrical Code as the code for the state. This rule is necessary to
comply with the provisions of Texas Occupations Code. ~1305.101(a)(2)
which requires the Commission to adopt the revised code after it is
amended and published every three years.
The rule adoption was filed with the Texas Register on February 7, fr
2008, and will be published in the February 22, 2008, issue of the Texas
Register. The effective date of the rules adoption is March 1. 2008.
TDLR encourages all persons interested in the electricians program to
review the rule adoption. The justification and adopted rules may be
viewed at
http://www.license.state.tx.us/electricians/elec.htm#amendrules
3/6/2008
CHAPTER 82, ARTICLE IV
ELECTRICAL CODE - Review Comments, January 2008
Code Deletions:
NONE - No changes proposed to existing local amendments or the 2008 Ed. of the
National Electrical Code (NEC)
Code Amendments:
Section 82-336 is amended to read as follows:
82-336 National Electrical Code - Adoption. The National Electrical Code, 2008
edition, is hereby adopted as the regulations to govern and to be observed and
followed in all electric wiring and in all electrical constroction, installation,
repair, alteration, operation and maintenance of electric wiring, apparatus and
fixtures, exceptfor the amendments adopted in Sections 82-337 through 82-350.
Significant Changes noted in the Dlustrated Code Changes (2008 Ed. Of the NEC)
Sect. 210.8:
Previous exceptions on GFCI protection (receptacle for
appliances occupying a dedicated space and receptacles that were
not readily accessible) were deleted.
2008 Ed. requires both to be GFCI-Protected
Sect. 212. 12(B):
Previous code required dwelling unit bedrooms (120-v) 15 & 20-
amp branch circuits supplying outlets) to be arc-fault circuit-
interrupter (AFCI) protection.
2008 Ed. requires AFCI for family, dining & living rooms,
parlors, libraries, dens, bedrooms, sun rooms, recreation
rooms, closets, hallways, or similar rooms or areas
Sect. 406.11:
New section requires tamper-resistant receptacles in dwelling unit
locations specified in S. 210.52 (kitchen, family & living roo~
parlor) library) den, sunroo~ recreation roo~ bathrooms)
outdoors, laundry) basements, garages, hallways & bedrooms).
s:\city Planning Sbare\Boards & Commissions\Bldg Codes Appeal Bd\Correspondence & Forms\ElectricaI Review Comments 2008
NEe.doc
-i;:'
:~~ :
l
;~
I
~~i ,
I
:~
"
';~
-::-<i
~~ '
'!&~ ;
~..:
~t
I'
~yi~
'{~ '
.'~~
,~~ <
,{g
;~
fi
:~
~
'"
-~
'~
~
~'
~i{
~-
~
~
,€
~
~
Wiring and Protection
Author's Comment: The two exceptions permitting receptacles that were not readily accessible and
single or duplex receptacles for two appliances within a dedicated space for each appliance to not
have GFCI protection for personnel in garages and unfinished basements were deleted. The
substantiation in the proposal and the discussion during the Panel deliberation indicated that the present
generation of GFCI devices do not have the problems of nuisance tripping that plagued earlier devices.
REFRIGERATOR
OR FREEZER
RECEPTACLE FOR
APPLIANCES OCCUPYING
DEDICATED SPACE
* · 210.8(A}(2)
(2005 NEC) NOT REQUIRED
TO BE GFCI-PROTECTED
-> (2008 NEC) REQUIRED TO
BE GFCI-PROTECTED
:--?-
UNFINISHED
BASEMENT
f RECEPTACLE IS NOT
READILY ACCESSIBLE.
· 210.8(A)(2)
(2005 NEe) NOT REQUIRED TO BE GFCI-PROTECTED
(2008 NEe) REQUIRED TO BE GFC(-PROTECTED
ATTACHED OR DETACHED
GARAGE WITH POWER
WORK
BENCH
GFCI-PROTECTED
RECEPTACLE
· 210.52(G)
· 210.8(A)(2)
CORD-AND-PLUG
CONNECTED
· 210.8(A)(5)
(2005 NEe) NOT REQUIRED TO BE
GFCI-PROTECTED
(2008 NEC) REQUIRED TO BE
GFCI-PROTECTED
DWELLING UNITS
210.8(A)(2); (A)(5)
Purpose of Change: The exceptions permitting receptacles that were not readily accessible and
single or duplex receptacles for two appliances within a dedic.ated space for each appliance to not
have GFCI-protection for personnel in garages and unfinished basements were deleted.
2-11
Stallcup's Illustrated Code Changes - 2008
NEe Ch. 2 - Article 210
Part 1- 210.12(8)
Et).12
3488
CMP:
2005NEC: 210.12(B)
IEC:-
2005 NE;C - 210.12 Arc-Fault Circuit-Interrupter Protection.
(B) Dwelling Unit Bedrooms. All 120-volt, single phase, 15- and 20-ampere branch circuits supplying outlets
Installed in dwelling unit bedrooms shall be protected by a listed arc-fault circuit interrupter, combination type
installed to provide protection of the branch circuit.
";;.
I3ranch/feeder ArCls shall be permitted to be used to meet the requirements of 21 0.12(0) until January 1,2008.
FPN-:- For information orf types of arc-fault circuit interrupters, see UL 1699-1999, Standard for Arc-Fault Circuit
Interrupters.
2008 NEC - 210.12 Arc-Fault Circuit-Interrupter Protection.
: ~ (B) Dwelling Unit.s..AII120-volt, single phase, 15- and 20-ampere branch circuits supplying outlets installed in
i dwelling unit in family rooms, dining rooms, living rooms, parlors, libraries, dens, bedrooms, sun rooms, recreation
rooms, closets, hallways, or similar rooms or areas shall be protected by a listed arc-fault circuit interrupter,
combination type installed to provide protection of the branch circuit.
FPN No.1: For information on types of arc-fault circuit interrupters, see UL 1699-1999, Standard for Arc-Fault
Circuit Interrupters.
FPN No.2: See 11.6.3(5) of NFPA 72@-2007, National Fire Alarm Code@, for information related to secondary
power supply requirements for smoke alarms installed in dwellfng units.
FPN No.3: See 760.41 (8) and 760.121 (8) for power-supply requirements for fire alarm systems.
Exception NO.1: Where RMC, IMC, EMT or steel armored cable, Type AC, meeting the requirements of 250.118
using metal outlet and junction boxes is installed for the portion of the branch circuit between the branch-circuit
overcurrent device and the first outlet, it shall be permitted to install a combination AFCI at the first outlet to
provide protection for the remaining portion of the branch circuit. '
Exception No.2: Where a branch circuit to a fire alarm system installed in accordance with 760.41 (8) and
760.121(8) is installed in in RMC, IMC, EMT, or steel armored cable, Type AC, meeting the requirements of
250.118, with metal outlet and junction boxes, AFCI protection shall be permitted to be omitted.
Author's Comment: A new Exception No. 1 has been added to permit a combination AFCI to be
installed at the first outlet to provide protection for the remaining portion of the branch circuit where
RMC, IMC, EMT or steel armored cable, Type AC, meeting the requirements of 250.118 using metal
outlet and junction boxes is installed for the portion of the branch circuit between the branch-circuit
overcurrent device and the first outlet. A n'ew Exception NO.2 hqs been added permitting rigid metal
conduit, intermediate metal conduit, or electrical metallic tubing to protect the branch circuit supplying
a fire alarm system branch ciruit in lieu of an AFCI device.
.
-=
DINING ROOM .
-
~
Equipment for General Use
~
~
~.'..'
w
. GFC( ..1001
.,
.
SINK ,DW
~
~
,}
-I'fi!iA.
~
~.:
~
KITCHEN
.
.
BREAKFAST ROOM =8=. ~~rCE'
A
~
Purpose of Change: A new section has been added to require tamper-resistant
receptacles in dwelling units for locations specified in 210.52.
RECEPTACLES
. TAMPER-RESISTANT
TAMPER-RESISTANT RECEPTACLES IN DWELLING UNITS
406.11
4-17
ORDINANCE NO. 96-2079-L
AN ORDINANCE ADOPTING THE 2008 EDITION OF THE NATIONAL ELECTRICAL
CODE BY AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTE, CHAPTER 82 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE IV
"ELECTRICAL CODE", DIVISION 5 "STANDARDS", SECTION 82-336 "NATIONAL
ELECTRICAL CODE - ADOPTION"; PROVIDING A REPEALING CLAUSE;
CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND
DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 82, "Buildings and Building Regulations," Article IV, "Electrical
Code" Division 5 "Standards", Section 82-336 "National Electrical Code - Adoption", of the
Code of Ordinances, La Porte, Texas, is hereby amended to read as follows:
"Sec. 82-336. National Electrical Code - Adoption.
(a) The National Electrical Code, 2008 Edition, is hereby adopted as the regulations to
govern and to be observed and followed in all electric wiring and in all electrical
construction, installation, repair, alteration, operation and maintenance of electric wiring,
apparatus and fixtures, except for the amendments adopted in Sections 82-337 through
82-350, of this Chapter.
(b) If a section of this article is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or any regulation adopted pursuant thereto or
any other ordinance or code or regulation of the city, the provision which establishes the
higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this
article shall be deemed to have committed a Class C misdemeanor and upon conviction
shall be punished by a fine in an amount as provided in Appendix B of this Code.
(d) All applicable fees shall be in accordance with Appendix A of this Code."
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Ordinance # 96-2079-L
Page 2
Section 3: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 4. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of the ordinance, shall be deemed to have committed a Class C misdemeanor and upon
conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS
($2,000.00).
Section 5. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is 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 Chapter 551, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof
Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary shall give notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La Porte at least twice within ten
(10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
PASSED AND APPROVED this th~ LJ{Y- day orfflatcJ-I ,2008.
CITY OF LA P~TE \\)
By: ~~~ ~~
Mayor
ATTEST:
0f/cw-1~
City Secretary
APPROVED:
~r~
City Attorney
2
Due to the volume of the National Electrical Code, a
copy is available for your review in the City Secretary's
Office
7
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
March 24, 2008
Budl!et
Requested By:
Ron Bottoms
Source of Funds:
Department:
Administration
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Public Hearing on Heller Annexation
Amount Requested:
Exhibits:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
The first public hearing on the Heller Annexation is scheduled for Monday night. The service plan is attached to
this memo.
3f~~8
Date
) ..
-'
(0
CITY OF LA PORTE
604 W. Fairmont Parkway, La Porte, TX 77571
Phone: (281) 471-5020 / Fax (281) 470-5005
www.1aportetqwv
February 13, 2008
Isaac Heller
205 Mill Rd.
Edison, NJ 08837-3801
Re: Notice of Intent to Ann~x Territories within the City of La Porte's Extra-
Territorial Jurisdiction.
Dear Mr. Heller:
The purpose of this letter is to provide written notice of the City of La Porte, Texas' intent to
annex an area with respect to which you have either an o'Wllership interest, provide services, or
have a railroad right-of-way located thereon. Please be advised that the first of two required
public hearings is scheduled for March 24,2008, with the second hearing scheduled for Apri114,
2008. Both public hearings will take place in the La Porte City Hall Council Chambers, at 6:00
p.m., on the dates indicated. As mandated by Section 43.065 of the Texas Local Government
Code, the service plans to extend municipal services to the area proposed for annexation will be
made available for inspection at the two public hearings.
Pursuant to Section 43.065 of the Texas Local Government Code, the City Council for the City
of La Porte, Texas at their December 17, 2007 meeting adopted Ordinance 2007-3057, which
directed the City of La Porte Planning Department to prepare a service plan to extend municipal
services to an area of land located in the Battleground Industrial District, in preparation for a
declaration of intention to annex the area within the corporate boundaries of the City. According
to information available to the City of La Porte, Texas, the area proposed for annexation
encompasses the follov,ring tracts, identified by taxpayer name and Harris County Appraisal
District account number:
1) Isaac Heller - (064-222-000-0021)
2) T'wo-Eighteen -l\1- Texas - (064-222-000-0050)
3) Two Zero One-M- Texas - (064-222-000-0045)
4) Ronald 1. Tucker - (064-222-000-0042)
)
2
As required by Subchapter C-1, Section 43.062(b) of the Texas Local Government Code, the
City of La Porte must provide written notice of its intent to annex an area pursuant to Section
43.052(h)(1)ofthe Texas Local Government Code, before the 30th day before the date of the first
of two public hearings required under Section 43.063 of the Texas Local Government Code.
Questions regarding this issue may be directed to :Mr. Clark Askins, Assistant City Attorney for
the City of La Porte, Texas, at 281-471-1886.
Ron Bottoms
City Manager
City of La Porte, Texas
Consider approval of setting two public hearing dates regarding the annexation of the following
tracts, identified by taxpayer name and Harris County Appraisal District account number:
1) Isaac Heller
(064-222-000-0021)
2) Two-Eighteen -M- Texas
(064-222-000-0050)
3) Two Zero One-M-Texas
(064-222-000-0045)
4) Ronald J. Tucker
(064- 222-000-004 2)
SERVICE PLAN
FOR PROPOSED ANNEXATION OF FOUR TRACTS OF LAND
COMPRISING 43.2747 ACRES
WITHIN THE BATTLEGROUND INDUSTRIAL DISTRICT
I. INTRODUCTION
This service plan ("Plan") is made by the City of La Porte, Texas ("City")
pursuant to Section 43.056, of the Texas Local Government Code ("Code"). This
Plan relates to the annexation by the City of four tracts of land ("Tracts") within
the Battleground Industrial District (Re: Exhibit "B"). These tracts are described
by metes and bounds in Exhibits "A-I through A-4" which are attached to this
Plan and to the annexation ordinance of which this Plan is a part.
II. TERM; EFFECTIVE DATE
This plan shall be in effect for a term of ten years commencing on the effective
date of the annexation of the Tract. Renewal of this Plan shall be at the discretion
of the City. Such option may be exercised by the adoption of an ordinance by the
City Council which refers to this Plan and specifically renews this Plan for a
specified period of time.
III. SERVICE PROGRAMS
A. In General. This Plan includes two service programs: (i) the Early Action
Program and (ii) a Capital Improvement Program, both described below.
B. Scope and Quality of Services. Services under this Plan shall equal or exceed
the number and level of services both in existence in the Tracts prior to the
annexation and are available in other areas of the City with land uses and
population densities similar to those reasonably projected in the newly
annexed Tracts. It is not the intent of this Plan to provide a uniform level of
services to all areas of the City (including the Tracts) where differing
characteristics of topography, land utilization and population density are
considered as sufficient basis for providing differing levels of service.
C. Definitions.
1. As used in this Plan, providing services includes services funded in
whole or in part by City taxation and provided by the City within its
full-purpose boundaries. The City provision of services may be by any
means or methods by which it extends the services to any other area of
the City. This may include causing or allowing private utilities,
governmental entities and other public service organizations to provide
such services, in whole or in part.
2. As used in this Plan, the phrase "standard policies and procedures"
means those policies and procedures of the City applicable to a
particular service which are in effect at the time that the service is
requested or at the time the service is made available or provided and
are in accordance with Title 12, Chapter 395 ofthe Code.
D. Early Action Pro~am.
1. Statutory Services. The statutory services will be provided to the
Tracts upon the effective date of this Plan, unless otherwise indicated.
The statutory services are as follows:
a. Police Protection. The Police Department of the City will
provide protection and law enforcement to the Tracts.
These activities will include normal patrols and responses,
the handling of complaints and incident reports, and other
usual and customary police services.
b. Fire Protection. The Fire Department of the City will
provide fire protection to the Tracts.
c. Solid Waste Collection. Residential collection services will
be provided by City forces. Non-residential non-hazardous
service will be provided by City contract service provider.
Future residential and non-residential non-hazardous
collection services will be provided in accordance with
standard policies and procedures. Non-residential non-
hazardous will be the responsibility of the property owner
in accordance with State and Federal guidelines.
d. Operation and Maintenance of Water and Wastewater
Facilities. There are no existing City water and wastewater
facilities located in the area proposed for annexation. Any
extensions of utilities as addressed in the Capital
Improvements Program, below, will be provided normal
maintenance services.
e. Maintenance of Public Roads and Streets including
Lighting. The Department of Public Works of the City will
provide maintenance of roads and streets over which the
City will have jurisdiction. Those roads and streets under
jurisdiction of other governmental entities will be
maintained by those entities. The City will provide
services relating to traffic control for roads and streets over
which it has jurisdiction. Maintenance of Public Roads and
streets under the jurisdiction of other governmental entities
2
will be provided by the respective governmental entity.
Existing street lighting for public roads and streets will be
maintained through the services of CenterPoint Energy.
New street lighting for public roads and streets will be
constructed by CenterPoint Energy upon authorization from
the City.
f. Maintenance of Parks, Playgrounds and Swimming Pools.
There are no existing Public Park facilities to be
maintained. Should any such facilities be constructed in
the Tracts in accordance with the Capital Improvements
Program below, the City will provide maintenance services.
g. Maintenance of Any Other Publicly-owned Facility,
Buildin~ or Service. There are no other publicly-owned
facilities, buildings or services in the Tract. Should any
such facilities, buildings or services be constructed or
located by the City in the Tract, an appropriate City
department will provide the necessary maintenance
servIces.
2. Additional Services. Certain services, in addition to the statutory
services, will be provided within the Tract to the same extent they are
provided to similar areas elsewhere in the City. These are as follows:
a. Library services from existing facilities and future facilities
outside the Tract.
b. Health services will continue to be provided by Harris
County.
c. Emergency and ambulance services by the City's
Emergency Medical Services division, in accordance with
standard policies and procedures.
d. Enforcement of all City codes and ordinances.
E. Capital Improvements Program. The City will initiate- the construction or
acquisition of capital improvements necessary for providing municipal
services for the Tract. Those improvements which are necessary are
indicated below, and any necessary construction shall begin within two and
one-half (2-1/2) years of the effective date of this Plan, except as otherwise
indicated.
1. Police Protection. Police protection for the Tracts can be provided
using existing facilities. While no improvements are necessary at this
3
time, the Tracts will be included with other territory in connection with
planning for new, revised or expanded police protection.
2. Fire Protection. Fire protection for the Tract can be provided by using
existing facilities and equipment. While no improvements are
necessary at this time, the Tract will be included with other territory in
connection with planning for new, revised or expanded fire protection.
3. Solid Waste Collection. No capital improvements are necessary at this
time to provide solid waste collection to the Tract as described in the
Early Action Program. The Tract will, however, be included with
other territory in planning for new, revised or expanded solid waste
collection service facilities.
4. Water and Wastewater Facilities. Currently there are no water or
wastewater facilities in the area proposed for annexation of which the
City will assume control following annexation. The City proposes the
following means to provide necessary improvements for water and
wastewater services:
a. Domestic water and wastewater service. Currently
domestic water and wastewater are self-provided by the
individual property owners either through wells or by
purchasing water from adjoining property owners. The
City will commence work to extend water and sanitary
sewer lines for domestic services in accordance with
standard utility extension policies and procedures, within
two (2) years. These policies and procedures include the
imposition of utility extension fees in accordance with
Section 395.019 of the Local Government Code. Should a
property owner elect to construct the improvements sooner
than the schedule established in this Plan, the owner may
construct or finance the improvements and the costs
incurred or funds advanced will be credited against the
utility extension fees due from that property owner. As
utility extension fees are collected from other property
owners, these fees may be refunded to the property owner
who constructed or funded the construction of those capital
improvements per City policy guidelines.
b. Industrial Process Water. Currently process water IS
provided by on-site wells, water purchased from other
property owners or from water purchased from the Coastal
Industrial Water Authority (CIW A). As the City does not
provide dedicated industrial process water services within
its corporate boundaries, it does not propose to acquire or
4
construct capital improvements for the provIsIOn of
industrial process water services to the area proposed for
annexation.
c. Industrial Process Wastewater. Currently wastewater
service to the Tracts is provided by individual treatment
facilities, treatment by adjoining property owners or by
other private entities. As the City does not provide
dedicated industrial process wastewater services within its
corporate boundaries, it does not propose to acquire or
construct capital improvements for the provision of
industrial process wastewater services to the area proposed
for annexation. However, the discharge of wastewater
resulting from industrial uses is subject to permitting
requirements under the City's Industrial Waste Ordinance,
Chapter 74 of the La Porte Code of Ordinances.
5. Roads and Streets including Lighting. In general, the City maintains
no dominion, control, and jurisdiction in, over and under public roads
and streets serving the Tracts for annexation. Pursuant to Art. 1175,
V.A.T.S., and similar provisions, maintenance of existing roads and
streets serving the tracts is subject to the jurisdiction of other
governmental entities. Additional roads, streets or related facilities are
not necessary at this time to serve the Tracts. Future extensions of
roads or streets and future installation of related facilities such as
traffic control devices or street lights will be governed by standard
policies and procedures. The Tracts will be included with other
territory in connection with planning for new, revised, widened or
enlarged roads, streets or related facilities.
6. Parks, Playgrounds and Swimming Pools. These services can be
provided by using existing facilities. While no additional capital
improvements are necessary at this time, the Tract will be included
with other territory in connection with planning for new, revised or
expanded parks, playgrounds or swimming pools.
7. Other Publicly Owned Facilities, Buildings or Services; Additional
Services. In general, other City functions and services, and the
additional services described above, can be provided to the Tract using
existing facilities. While no additional capital improvements are
necessary at this time, the Tract will be included with other territory in
connection with planning for new, revised or expanded services,
facilities and functions, including the additional services described
above.
5
IV. AMENDMENT; GOVERNING LAW
This Plan may not be amended or repealed except as provided by the Code or
other controlling law. Neither changes in the methods or means of implementing
any part of the service programs nor changes in the responsibilities of the various
departments of the City shall constitute amendments to this Plan, and the City
reserves the right to make such changes. This Plan is subject to, and shall be
interpreted in accordance with the Code, the Constitution and laws of the United
States of America and the State of Texas, and the orders, rules and regulations of
governmental bodies and officers having jurisdiction.
V. FORCE MAJEURE
Should a force majeure interrupt the services described herein, the City shall
resume services under this Plan within a reasonable time after the cessation of the
force majeure. "Fore majeure", for the purposes of this Plan, shall include, but
not be limited to, acts of God, acts of the public enemy, war, blockade,
insurrection, riots, epidemics, landslides, lighting, earthquakes, fires, storms,
floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of
government, explosions, collisions and any other inability of the City, whether
similar to those enumerated or otherwise, which is not in control of the City.
VI. ENTIRE PLAN
This document contains the entire and integrated service plan relating to the Tract
and supersedes all other negotiations, representations plans and agreements,
whether written or oral.
6
RXIDBTT "A-l"
"IdPI
ExH:IBIT A
.......
514:'47-3026
To Deed from Isaac He~~er, GAry A~per, Ronald Roberts,
Kenneth 'Vol.k, Joseph 'Sha.chat and Steven Kaufman to
Two Zero One -M- Texas, A New Jersey partnersh~p.
Dated fl~""'~AE.L.'/ ~ . ~9S6
a.iR& . ,.4SS acre C~acC .f lAnd OY~ D~ ch.c c.r~.lD l'.~~~. Acr_ &c.~c I
ot l..oeS vh~cb 1. 0"& ot J.o!, II. 'I. A. Staashen s..W1vlaloo la cb. En!"cb
.r~s.oD Su.cY"Y. A-oS. ...~r1.. Co\IAc.y. "t.as..'; Th. l.'..4.SS& ..CT. t.zact. Df 'lane!
~ t~t c.rta1n cract conv.7" ~7 S.l.cte4 ~neS.. ~ed. ., co X.aac Baller
.'" A..~....e 'I. 1981 .. r.cord" ....eS.r 1larr~. Cou..t7 Cl.rk'. FS.l.'!. lh_bcr B-
106003 Tb. '.4~S .ere e~.ce 1. ~or. pare1cular17 4.acr1be4 b~ ..te; acd
boYDds .. 1011ow8;
3c&~~ at a &a1lroad c1e ~ole ace ~or ehe Nort~eat corDer 01 th1.
,.....5.5 ac:Z'. &racC.; &aid po:L.D.'C. Ls .1s.o the. 'Norc.hYest C.OrD~~ of t.be afor~e.nt.~on.ed
~'_4SS8 acre crace.
'%1:aezace. . 8S. 18- OS.. E: co~ncJ.de.D!: wS.~h ~he. 'NClct'b \loounc!ary 11.t:l._ oL
c.he"19.4SSS acre cr.c:~; p..sc~&..~ 1.O'O..s3.Le.&~ t:.he p'EOposb! ogc.st.'&as~t~'t.
1J.Ae 01 C>>~ C&Z"1:..a:lc ease::aae.n~ sho\I'D. under L::t.s 'Pendens .. rec:orc!ed 'U.ndc~
:a.....:1s CoUPt;7 C:1erk's F1.lm C04e 1'1-2-:11r-1 7a9. ~o.. . eoo;..l d1stanc:e of 1.073..50.
L.e~ tD . SIB ~~h ~aTr~a&e bolt .~~ fo~ the Ncrih&as~ corner of tb~s 9.45$
.. I
~~~~.t
. \
acre tzact..
T1>_c:e. S 1'" 41' 52" E:. 41stance of l!30.00 feer. to. :./8 lzIch 1roo
rod see. ~o~ c.be. Souc.h....sc. COE"Da'Z' o~ t'b1.s 't.T:JC~.
TheDe.. S 8S- 18- 08" V~ eo:lftc~dcnc. v~ch tbe Sou~h bound.~ 1~e of
tbe 19.45:'8 acre crace aoeS r.be South boun4ary l:1oe o~ Loc 11 01 tbe F. A.
S~'t.aas'be:D $CI'bd~v~s'i.oi:l; p.as~D& .~ 89.14 f ee.t ~he \1esc ease=.e.nt l~e: of c.he:
e.aSCl.Se:at shovD unde.r 1..1.s 'Pe.nl5cD:I; for a coc.al.. c!1.s.taac e: 0.(. 711.16 f"'eec to
. CGftC%it:t. aODumeDt 1'O\.lDcS 1'or t.lle $ou~h"'esc. C:.orner o~ t.hi;& 't.r&C~.
~e.. II 62- -09. .sS. V: coi.nc:5.danc. vS.tb the Nortbc:Z"l:r r'S.&bc.-of-vay
1:1zac 01. ScaC. B.S.S'bl.t.a7- 22-'; . d:l.ac.aaca oL 177.72 f'ee: to . ~oDcre~. .o~ume.a.t
~o....d ~or COlnOe&".
%heftee. couC~ouS.oE coiDeiaenr. v:1eb ehe Norther~7...1.Ebc-o[-vay 110e
01 :or.are 1l1&bwa;1 225: fol10v:1.oS . Dont=gent c"rve to r.he r1.$1>r.; 0.14 curve
Jo,av:1z>& a ra"1ua of 3'1.97 I,,;'e a!,4 . cenr.ra:1 anale ot 41-'S0' 00. t an4
are d:1st&D~e 01 2'9.68 t"et co . 5/8 incb ~ron rod lound [or corner.
n....ce. H20. 22' 0"" V; ....s.nci4..nr.. v1th the Nocc"her1:t. ciabr.-of-..ay
:11ne of sr.aee HiE~a7 225: . eStaeanee of 162.79 [eee co r.be 70X~7 OF ~ECINNINC.
@ \?~ ~ ~ ~
7
EXHIBIT "A-2"
. .
515~68~1444
Being a 10.004 acre (435,790 sq.ft.) tract comprisins part of th.~ certain
19.455B acre tract conveyed by Selec~ed lAnds, Ltd. .51 to Isaac lIellar on D
August 18, 1981 (Harri. County Clark's File No. B 106003), in Lot 11,
F.A. Staashen S~bdivision, Enoch Brinson Survey, A-S, Barris County, 'texas.
The 10.004 acre.tract as surveyed by B. Carlos S=ith, Ensineara & Surveyors,
Inc., on Hay 11, 19B9, ia ~ore particularly deacribed by metea and bounda
description aa follows:
Commencing at a railroad tie bolt set for the Northwest corner of the
aforementioned 19.4558 acre tract.
Thence, North 88 degrees 18 minutes 08 secobd~ Ea~tl coincident vith the
North boundary line of the 19.4558 8ere tract;"" dbtance of 1,073.50 feat to
a railroad tie bolt set (5/84) for the Nort~vest.comer'of this 10.004 acre
traet and the POINT OF BEGINNINC. . \',','; ,
'" ,",.'
Thence, North B8 degrees 18 minutes 08 seconds Easel'coincident vith the
North boundary line of the 19.4558 acre tract; paaaing at 82.83 feet the East
line of that certain Coastal Industrial Water Authority easement
recorded under Harris County Clerk'a Film Code Number 041-78-2179: for a total
distance of 1,013.34 feet to a SIB inch iron rod found for the Northeast
carnal: of this tract.
Thence, South 1 degree 43 minutes 52 seconds East; coincident with thn
East boundary lina of the 19.455B ac~a cract. a distance of 430.00 feet to n
5/8 inch iron rod found for the Southeast corner.
Thence, South B8 degrea. 18 .inuees 08 .aconda Vest: coincident with the
South boundary line of tha 19.4558 acre tract vhich is also the South boundary
line of Lot 11, of the F.A. Staaahen Subdivision; passing at 982.04 flOat a
5/8 inch iron ~od set (S/B4) coincident vith the East line of said
Coastal Industrial Water Authority ea.e~ent for a total distance of
1,013.59 faet to a SIB inch iron ~od (Set 5/B4) for the Southwest corner of
this crace.
Thence, North 1 degree 41 minutes 52 seconds Vese a distance of 430.00
feet to the POINT OF BEGINNING.
EXH:tB:t'l' A RECOIlllER'S MEMOflIlHOUM
AT lWftlllr OF Rtt'oRDo\nOH, TIlls
=::r':OToIIt INAO(Qu.1t
IlmWs[ "l'H1C 1It1'llOOuc~
"HOT" ..2!.'/ltI.W;/BIlIlY. ""0_ 011
-.. Sll<3lORal_1I. nt.
.(jf)
8
EXHIBIT "A-3"
~"A!I
512:'ZO=0628
AU tbat Ce.l'~ traat vr'_P8l'col of 1.tUd in If&ftola aa_J'..I_~~.._
out of tbIJ &'~~ .-usa. smVl! 1.-5. '-1M.a~" d ~N. J. ..
CUNtAi.JI 6.4ZG. acr. traca, t'raaUaC 596.56 ft. oa srATI IIIQhat
22S (WVSmJl...u .POIfI ROAD aucl.re ~ deecribK bf _t.. 41Jul
MuDcla u foUr*ay \, ,"
lIKatH!lIJly.t2 ~ iI'DII rn .et OJl .. .onul"~~t...,.
11M of JJ:.,U 225 Ca. _ :h JIn
"1"'~ it b. 1Il'eneoUDJl vlt!l tlbe ... lta. at 0 .I~
aGl'o. t1r.:aotl cloom.'Ncl ill WU' CLAD ODD ~ W. IIVDaft ~Ii
'10 J. .1. COP.auHD. ., _.I. da"4 -6-1)-41 l-.t Z'eool"decllla' 1._
19JJ a~ Pace 246 elf ~ ....ad Be,COl'cIa ol 11Ift" ClXIIl1;" \ t....;
UGICZ If6rth tH'st. w.n with "" 1Io~1Y ~-_ 11M
at 8Ud Sf.A'lil moa""T 22S <<10_ ~ lO~b!U. or . w.Cb de,.
c:r1bed iD r:l~t-at.,.J' bW.cllrill OJIIII V. COl'BtAllD. &, .~ 'al'
to tba &fAm 0' 'l.xAa 4Itacl S~,.. ADd -:..aorad lit 1'01_ 6412 '
ab Pap 198 01' '~he 1Ja.ct. BoclU"4. or lIiilTs.. CIIUI}trt .~dUlj. $96.5&
n. to 1't1 1tltlt'A=D%I tt1'b tb. ~ 1J,.Qe or am J. \f. OOPiSWIfD
'6.4~ -ora., wtaw. . 4--bdP CDDCft~' riP~t..,., ..rot.1' 1. .ta_
t.. ooruer~ ' . .,..
i'IWtCm 801$b 8704,r,0- BaR vitb tM.lortJs2tilSDt~ot ..111 .I. II.
COftt.UrD 6."204 lertI. aDd 8lM;1l laa.~ art' fa acre tract 110.. '
A1' to.."ly 0tIM4 Itr. II.. a. O~,..ts al' . ft. t:o .:11111.
8et 1a ODll=-. t<<o 5~1; OCll'Ml" or atlSod .J. V. ClOftLlND 6.42Olt
.~,. ~ 00'" of \lab ttacc IQd Jfortbn6b GOI'ftr ot a
~2.W. &en ;net ~., or an.r17 _~II br .,. ~ PUnt acoorcl..
~ tlo Utotl,,~ch4 U. .1..... J9]1 .~ 'ap 575 ~ ~ Deed
Reaozo41 01 ~ CauQ7't ~I
T8~1 So1Jth 2d"30'UI VIet .1~b tile cU.rtcl1M lSM be~weOJl .I. tf.
calAQID 6.42a. acrull uel w. IYalI'tl DUm 2~.61 'len. :l8,h76 ft.
to ~ PI'.lCl or DECIl1fliIlQ, Cl)D~, 1.9217 _croll of ~Bftil.
9
IjJ
EXHmIT "A-4"
(Pg, 1 of2)
158-62-2521
METES AND BOllNDS DESCRIP'rION
Being a 21.894 acre (953,714 sq.ft..) tl'ac~t compl"ising the
residue of that certain Selected Lands. LTD. No.9 56.84 acre
tract (Harris County Clerk's File No. D 753126) and being part of
Lot 11. F. A. Staashen Subdivision (Volume 1. Page 22, Hal"ris
County Map Records), Enoch Br.inson Survey, A-5. Harris COUflty,
Texas. The 21. 894 acre tract as surveyed by H. Car 105 Smith,
Engineers & Surveyors, Inc.. on August 5 thl'\l 11, 1989, is mOl'e
particularly described by metes and bounds as follows:
Beginning at a Railroad tie bolt with punch mark found on
the North right-cof-wEt)' line of State Highway No. 225 mal:kirll!': the
Northwest cornei of that certain 19.4558 acre tl'act conveyed to
Issac Heller bY Selected Lands LTD. No.9 (Harris County Clerk' g
File No, H 106003).
Thence, North 20 degrees 22 minutez 04 second$ We5t;
coincident with the North right-of-Nay line of State HighwCI)' No,
225 and the West boundary line of srtid 56, 84 C1cre t.ract.; a
distance of 269.66 feet (Call 269.54 feet) to a 5/8 inch iron rod
set fOl" oorner and from which a 5/8 inch iron rod fotmd fc.r a
point of curve bears North 20 degrees 22 minutes 04 seconds West-
17.94 feet.
Thence, North 88 d~grees 14 minutes 08 seconds East;
coincident with the Sotlth bourlr.lal'Y line of that certain 8.672
acre tract conveyed to Windsol' l-'rc.,pel.ties, Inc.. by Selected
Lands, LTD. No.9 (Harris C:OLmty Clerk' 5 File No. H 068784); a
distance of 800.72 feet to a 5/8 inch iron rod found for corner.
Thence, North 88 degrees 13 minut.es 02 seconds EF.lst;
coincident with the South boundary line of that certain 4.835
acre tract conveyed to Hi~,way Pipeline Trucking Company by
Selected Lands. LTD No. 9 (Harris Count.y Clerk's File No. M
063169); a distance of 200.00 feet to a 5/8 inch iron rod found
for corner.
Thence, North 1 degree 45 minutes 17 seconds West;
coincident with the East boundary line of said 4.836 acre tract;
a dist.ance oi 349,90 fc::et 'too <:>. 5/6 inch il'on rod found fe,l'
corner,
Thence, North 88 degrees 14 l\'linut.e~ 08 sc::conds East;
coincident with the SDuth bcmndary line oi said 4.836 acre tract;
passing at 190.43 feet a 5/8 in~h iron rod set on the West right-
of-way line of that cert<iin Coastal Industrial Water Authod ty
pel"manent waterline easement. (Harris County Clerk's File No. 's K
460191 and K 460192); passing at 314.70 feet. a 5/8 inch iron. rod
set on the East right-oi-way line of said C.I.W.A. easement; for
a total distance of 1074.75 feet to a 5/8 inch iron rod set for
corner.
EXHIBIT "A"
Page 1 of 2
10
EXHIBIT "A-4"
(Pg. 2 of 2)
11
/58-62-2522
Thence, South 56 degrees 03 mim~tes 55 secc.nds East (Call
South 56 degrees 04 minutes 45 seconds East); coincident with the
South boundary line of said 4.836 acre tract; a distance of
120.10 feet (Call 120.00 feet) to a 5/8 inch iron rod found for
corner and from which a 5/8 inch iron rod found for the Northeast
corner of said 56.84 acre tract bears North 1 degree 44 minutes
45 seconds West-170.00 feet. -
Thence,' South 1 degree 44 minutes 45 seconds East (Call
South 1 degree 43 minutes 52 seconds East.) coincident with the
East boundary line of said 56.84 acre tract and the West right-of-
way 'ine of that certain Houston Lighting and Power 120 foot fee
strip (Volume 4.7..18. Page 492. Harris County Deed Records); a
distance of 537.87 ~eet to a 5/8 inch iron rod found for corner.
Thence, South 88 degrees 18 minutes 08 seconds West
(REFERENCE BEARING); coincident with the North boundary line of
said 19.4558 acre tract; passing at 930.41 feet a 1/4 inch spike
found 0.06 feet South; passing at 930.51 feet a 5/8 inch carriage
bolt found on the East right-oi-way line of said C.I.W.A.
easement: passing at 1013.34 feet a railroad tie bolt; passing at
1039.64 feet a 5/8 inch carriage bolt; passing at 1046.31 feet
the West right-oi-way line of said C.I.W.A. easement and from
which a 1/4 inch spike was found distl.lrbed 0.04 feet South; fOl' a
total distance of 2086.84 feet (Call 2086.49 feet) to the POINT
OF BEGINNING.
to-Mt-
KEVIN A. OLSON
TEXAS REGISTERED PUBLIC SURVEYOR NO. 4524
DATE: AUGUST 11, 1989
JOB NO: 2353-89
:: ~.
,-..~.
._0'
~t:~.
EXHIBIT "An
Page 2 of 2
12
13
SERVICE PLAN
FOR PROPOSED ANNEXATION OF FOUR TRACTS OF LAND
COMPRISING 43.2747 ACRES
WITIDN THE BATTLEGROUND INDUSTRIAL DISTRICT
1. INTRODUCTION
This service plan ("Plan") is made by the City of La Porte, Texas ("City")
pursuant to Section 43.056, of the Texas Local Government Code ("Code"). This
Plan relates to the annexation by the City of four tracts of land ("Tracts") within
the Battleground Industrial District (Re: Exhibit "B"). These tracts are described
by metes and bounds in Exhibits "A-l through A-4" which are attached to this
Plan and to the annexation ordinance of which this Plan is a part.
II. TERM; EFFECTIVE DATE
This plan shall be in effect for a term of ten years commencing on the effective
date of the annexation of the Tract. Renewal of this Plan shall be at the discretion
of the City. Such option may be exercised by the adoption of an ordinance by the
City Council which refers to this Plan and specifically renews this Plan for a
specified period of time.
III. SERVICE PROGRAMS
A. In General. This Plan includes two service programs: (i) the Early Action
Program and (ii) a Capital Improvement Program, both described below.
B. Scope and Quality of Services. Services under this Plan shall equal or exceed
the number and level of services both in existence in the Tracts prior to the
annexation and are available in other areas of the City with land uses and
population densities similar to those reasonably projected in the newly
annexed Tracts. It is not the intent of this Plan to provide a uniform level of
services to all areas of the City (including the Tracts) where differing
characteristics of topography, land utilization and population density are
considered as sufficient basis for providing differing levels of service.
C. Definitions.
1. As used in this Plan, providing services includes services funded in
whole or in part by City taxation and provided by the City within its
full-purpose boundaries. The City provision of services may be by any
means or methods by which it extends the services to any other area of
the City. This may include causing or allowing private utilities,
governmental entities and other public service organizations to provide
such services, in whole or in part.
2. As used in this Plan, the phrase "standard policies and procedures"
means those policies and procedures of the City applicable to a
particular service which are in effect at the time that the service is
requested or at the time the service is made available or provided and
are in accordance with Title 12, Chapter 395 of the Code.
D. Early Action Program.
1. Statutory Services. The statutory services will be provided to the
Tracts upon the effective date of this Plan, unless otherwise indicated.
The statutory services are as follows:
a. Police Protection. The Police Department of the City will
provide protection and law enforcement to the Tracts.
These activities will include normal patrols and responses,
the handling of complaints and incident reports, and other
usual and customary police services.
b. Fire Protection. The Fire Department of the City will
provide fire protection to the Tracts.
c. Solid Waste Collection. Residential collection services will
be provided by City forces. Non-residential non-hazardous
service will be provided by City contract service provider.
Future residential and non-residential non-hazardous
collection services will be provided in accordance with
standard policies and procedures. Non-residential non-
hazardous will be the responsibility of the property owner
in accordance with State and Federal guidelines.
d. Operation and Maintenance of Water and Wastewater
Facilities. There are no existing City water and wastewater
facilities located in the area proposed for annexation. Any
extensions of utilities as addressed in the Capital
Improvements Program, below, will be provided normal
maintenance services.
e. Maintenance of Public Roads and Streets including
Lighting. The Department of Public Works of the City will
provide maintenance of roads and streets over which the
City will have jurisdiction. Those roads and streets under
jurisdiction of other governmental entities will be
maintained by those entities. The City will provide
services relating to traffic control for roads and streets over
which it has jurisdiction. Maintenance of Public Roads and
streets under the jurisdiction of other governmental entities
2
will be provided by the respective governmental entity.
Existing street lighting for public roads and streets will be
maintained through the services of CenterPoint Energy.
New street lighting for public roads and streets will be
constructed by CenterPoint Energy upon authorization from
the City.
f. Maintenance of Parks, Playgrounds and Swimming Pools.
There are no existing Public Park facilities to be
maintained. Should any such facilities be constructed in
the Tracts in accordance with the Capital Improvements
Program below, the City will provide maintenance services.
g. Maintenance of Anv Other Publicly-owned Facility,
Building or Service. There are no other publicly-owned
facilities, buildings or services in the Tract. Should any
such facilities, buildings or services be constructed or
located by the City in the Tract, an appropriate City
department will provide the necessary maintenance
servIces.
2. Additional Services. Certain services, in addition to the statutory
services, will be provided within the Tract to the same extent they are
provided to similar areas elsewhere in the City. These are as follows:
a. Library services from existing facilities and future facilities
outside the Tract.
b. Health services will continue to be provided by Harris
County.
c. Emergency and ambulance services by the City's
Emergency Medical Services division, in accordance with
standard policies and procedures.
d. Enforcement of all City codes and ordinances.
E. Capital Improvements Program. The City will initiate the construction or
acquisition of capital improvements necessary for providing municipal
services for the Tract. Those improvements which are necessary are
indicated below, and any necessary construction shall begin within two and
one-half (2-1/2) years of the effective date of this Plan, except as otherwise
indicated.
1. Police Protection. Police protection for the Tracts can be provided
using existing facilities. While no improvements are necessary at this
3
time, the Tracts will be included with other territory in connection with
planning for new, revised or expanded police protection.
2. Fire Protection. Fire protection for the Tract can be provided by using
existing facilities and equipment. While no improvements are
necessary at this time, the Tract will be included with other territory in
connection with planning for new, revised or expanded fire protection.
3. Solid Waste Collection. No capital improvements are necessary at this
time to provide solid waste collection to the Tract as described in the
Early Action Program. The Tract will, however, be included with
other territory in planning for new, revised or expanded solid waste
collection service facilities.
4. Water and Wastewater Facilities. Currently there are no water or
wastewater facilities in the area proposed for annexation of which the
City will assume control following annexation. The City proposes the
following means to provide necessary improvements for water and
wastewater services:
a. Domestic water and wastewater service. Currently
domestic water and wastewater are self-provided by the
individual property owners either through wells or by
purchasing water from adjoining property owners. The
City will commence work to extend water and sanitary
sewer lines for domestic services in accordance with
standard utility extension policies and procedures, within
two (2) years. These policies and procedures include the
imposition of utility extension fees in accordance with
Section 395.019 of the Local Government Code. Should a
property owner elect to construct the improvements sooner
than the schedule established in this Plan, the owner may
constructor finance the improvements and the costs
incurred or funds advanced will be credited against the
utility extension fees due from that property owner. As
utility extension fees are collected from other property
owners, these fees may be refunded to the property owner
who constructed or funded the construction of those capital
improvements per City policy guidelines.
b. Industrial Process Water. Currently process water IS
provided by on-site wells, water purchased from other
property owners or from water purchased from the Coastal
Industrial Water Authority (CIW A). As the City does not
provide dedicated industrial process water services within
its corporate boundaries, it does not propose to acquire or
4
construct capital improvements for the provIsIon of
industrial process water services to the area proposed for
annexation.
c. Industrial Process Wastewater. Currently wastewater
service to the Tracts is provided by individual treatment
facilities, treatment by adjoining property owners or by
other private entities. As the City does not provide
dedicated industrial process wastewater services within its
corporate boundaries, it does not propose to acquire or
construct capital improvements for the provision of
industrial process wastewater services to the area proposed
for annexation. However, the discharge of wastewater
resulting from industrial uses is subject to permitting
requirements under the City's Industrial Waste Ordinance,
Chapter 74 of the La Porte Code of Ordinances.
5. Roads and Streets including Lighting. In general, the City maintains
no dominion, control, and jurisdiction in, over and under public roads
and streets serving the Tracts for annexation. Pursuant to Art. 1175,
V.A.T.S., and similar provisions, maintenance of existing roads and
streets serving the tracts is subject to the jurisdiction of other
governmental entities. Additional roads, streets or related facilities are
not necessary at this time to serve the Tracts. Future extensions of
roads or streets and future installation of related facilities such as
traffic control devices or street lights will be governed by standard
policies and procedures. The Tracts will be included with other
territory in connection with planning for new, revised, widened or
enlarged roads, streets or related facilities.
6. Parks. Playgrounds and Swimming Pools. These services can be
provided by using existing facilities. While no additional capital
improvements are necessary at this time, the Tract will be included
with other territory in connection with planning for new, revised or
expanded parks, playgrounds or swimming pools.
7. Other Publicly Owned Facilities. Buildings or Services; Additional
Services. In general, other City functions and services, and the
additional services described above, can be provided to the Tract using
existing facilities. While no additional capital improvements are
necessary at this time, the Tract will be included with other territory in
connection with planning for new, revised or expanded services,
facilities and functions, including the additional services described
above.
5
IV. AMENDMENT; GOVERNING LA W
This Plan may not be amended or repealed except as provided by the Code or
other controlling law. Neither changes in the methods or means of implementing
any part of the service programs nor changes in the responsibilities of the various
departments of the City shall constitute amendments to this Plan, and the City
reserves the right to make such changes. This Plan is subject to, and shall be
interpreted in accordance with the Code, the Constitution and laws of the United
States of America and the State of Texas, and the orders, rules and regulations of
governmental bodies and officers having jurisdiction.
V. FORCE MAJEURE
Should a force majeure interrupt the services described herein, the City shall
resume services under this Plan within a reasonable time after the cessation of the
force majeure. "Fore majeure", for the purposes of this Plan, shall include, but
not be limited to, acts of God, acts of the public enemy, war, blockade,
insurrection, riots, epidemics, landslides, lighting, earthquakes, fires, storms,
floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of
government, explosions, collisions and any other inability of the City, whether
similar to those enumerated or otherwise, which is not in control of the City.
VI. ENTIRE PLAN
This document contains the entire and integrated service plan relating to the Tract
and supersedes all other negotiations, representations plans and agreements,
whether written or oral.
6
EXHIBIT "A-l"
'UfiI
EXH:IBIT A
........
514':"'47-3026
To eeed from :Isaac Heller, GAry Alper, Ronald Roberts,
Kenneth "ol.k.,. Joseph 'Shachat and Steven Kaufman to
Two zero One -M- Texas, A New Jersey Partnerah~p.
Dated ];6""""'~A",-L;'; ~ ,1986
.a~A& a ,.4~S ac~a &~ac& of 1an4 OVC of cbac carcalc l'.~SS. acra C~acC .
01 1~D~ vh1cb ~. QUe 01 Lo~ 11. r. A. St...ben Suhd~yt.loQ La ~b. En~ch
.ru.sCD Sue-v&:r. A-.5. "'&'r:1. CoUACY. or........ Th. l..,.......,sa "~'E'. ~'E'act. Df 1.a1\4
:I..s c!>Ae co..ca~n cracC convo;7..s "" Salace..! l.&nda. l.c4. " co 1...c 1Ia.11or
00 Au&uSC 'B. 1981 aa ..aco~'..s vn4o.. aarr~a Coune,. C1oik.a F11~ H~b.r B-
106003 rba ,.~$S acra c~.ee 1. .o..a p.rc1cularl,. d.ac~1"ed by .aea. .~4
___ds .. 1011_.;
3es1DD1n& at a l4l1ro.' &1a "ole ..c for che No..e~ase COrDer of eh1.
,.4.55 acra c.Z'.c~; ...id po:I....Dt ~s .150 cbe 'Horc.h\.te.st c.on:lI~r of' c.b.e a [oC'e=le.nt. 'i.o~ecS
1'.4,SSa .c~e craet.
'2'1aeDce. . 8S" 18~ 08-. E: co~nc.1deJ1~ w1.th ~he Nort.h 'boundary 11.n_ DC
c:be.19.4SSB aere trace; p.S5~& at 1.~0. 53. :Ce..t ch.. pcopose.! ~"s:' "as"""..nt
11.De o~ ~c c.r~1.D e.....r.nC ..hoW'U undcZ' L~s 'Pendens .. recorc5ed. under
~rr1s eo","":)> C1c~l<'s F1:1m Code 11''2-36-1789; ~or a co....1 dis:"nce o~ 1.073_.50.
.f'~e~ ~o . 3/8 1.Zl.c:h c:a:rr~a&e 'bQl~ .e.~ fo: ~he. Nori.hc.as-r. ~orner of t.n1.S 9. 45~
~tt
.-CT. tz'ac~.
Tla_cc. 5 1" 41. 52" E; a 41st.ance of 430.00 ~eee "0 . s/8 1Joch 1ro..
%od see ~or ~~. Sou~heast co~.~ ot t~s ~rJ~c.
%hEDee. S 8S- 18- 08" V: e01DC~d&ft~ v~ch the Soutb bounda~ 1~e of
t:be 19.4558 ~cre tract ...d c~a Sout.h ~oundary 1~..e of 1.ot 11 of ..:be F. A.
S~aasbeD S~b4~Y~S~OU; p.S$~& ac 89.14 fee~ the ~es~ eAse=en~ 1~. of th~
e.asc:ae:Dt sbov'a unCle.r LJ.s Pendeas; Cor .. c.o~a~ c!1.scanc:e oL. 711.16 f"ee.e ~o
. ceDes-itC. aODUI8eDc. LO\llDcl .fOE' t.~e Souchvest corne.r o~ ch!;_ c.Z"ac:.
~ce. g 62-'0'. SS. V; "o~nc~4ent w~th tbe Nort.~erl,. r1&bt-of-vay
1:S.Dc o~ SAt. ~&'I:IIIa7- 22.5; . d!.acaDca of 177.72 .reec. 1:0 . ';DDcrc~. tDO;'ume.:cc.
~o_d for CO~~.
Tlaenca. cODC~ou10K coLDei4ent. wich :he North..r1,..~1&hC-ol-vay 110"
o~ $ta~. 1l1&bua:r 225; fo11ov1J:>S . ..onc""Sen~ curve co ch.. r4b~; aald curve
bav1.<>& a radj:us of 3~1.97 Ie;': a!,cS a ccn~raJ. an&1e of 41.'050. OC. t and
azc .s..s"....c" of 249.68 leet Co . 5/8 ~nch 1ron rod ~o..nd for eo",er.
n_ce. H20. 22. 04" \I; coinciclant- "'ltb the Nor~'hc..ly- r1ah:-ol-"ay
11.<>.. of Szaca Hj:gbv"y 225; . dlst"nce ol 162.7' r."c co tha FOIh7 OF ~ECINNI~C.
@ ~~ ~ ~ ttIJd2
7
EXHIBIT "A-2"
515~68-:1444
Being a 10.004 acre (435,790 sq.ft.) tract comprising part of that certain
19.4558 acre tract conveyed by Selected Landa, Ltd. *11 to rsaac lIeller on D
August 18, ~1I8~ (Harris County Clark's Fl1a No. H ~06003), in Lot 1~,
F.A. Staasben S~bdlvision, Enocb Brinson SUrYey, A-5, Harris County, 'texas.
The ~0.004 acre.tract as sUrYeyed by H. Carloa S=ith, Engineera & Surveyors,
Inc., on Hay 11, 1989, is ~ore particularly described by ~etea and bound a
description as follows:
Com=encing at a railroad tie bolt set for tbe Northwest corner of tbe
aforementioned 19.4558 acre tract.
Thence, North 88 degrees 18 minutes 08 .econda East: coincident vith the
North boundary line of the 19.4558 acre tract; ..~ distance of 1,073.50 fut to
a ral1road tie bolt set (5/84) for the Nort~vest.comer'of this 10.004 acre
tract and the POINT OF BEGINNING. . \'.::: .
'.. ."..'
Thence, North 88 degrees 18 minutes 08 ~econds Ea.e;'coincident vith the
North boundary line of the 19.4558 acre tract: pa.alng at 82.83 feet the East
line of that certain Coastsl Industrisl Water Authority essement
recorded under Harris County Clark's Fl1m Code Humber 041-78-2~79: for a total
distance of 1,013.34 feet to a 5/8 inch iron rod found for the Northeast
corner of this tract.
Thence, South 1 degree 43 minutes 52 seconds East; coincident with thn
East boundary line of the 19.4558 acre tract: a distance of 430.00 feet to n
5/8 inch iron rod found for tbe Southeast corner.
Thence, South 88 degrees 18 minutes 08 seconds Vest; coincident vith the
South boundary line of the 19.4558 acre tract vhich is also the South boundary
lina of Lot 11, of tbe F.A. Staasben Subdivision; passing at 982.04 feet a
5/8 inch iron rod see (5/84) coincident witb the East line of said
Coastal Industrial Water Authority e8se~ent for a total distance of
1,013.59 feet to a 5/8 inch iron rod (Set 5/84) for the Southvest corner of
this tract.
Thence, Nortb 1 degree 41 minutes 52 seconds Wost a distance of 430.00
feet to the POINT OF BEGrNNING.
EXH:tB:t'l' A RfOOIlDrln MErotDRAl/OUM
"T Jlfr '''U" REt'ORllolTlOH. THIs
~lrAS AlUHD to II!: INAOtQ\lA~
BUT I'HOtoGIIAI'HIC lI!:PRorocJlOl\
~orll.LE"'!IJUTT. CM_OlI
Q COPy, DlSCCl<Dllsl_ nt.
.(;D
8
EXHIBIT "A-3"
RXBIB1T "A!'
512=-20=0628
..
AU 1;_10 c:u-.~ tZ'&at ~p..eol ot ~ in HuTSa ao_7..1_'l~.~_
out ct C:bo ~aa MkUsa. _var A-5i beiM.a~a or ~1M. .1...,
CUNtAi.JJ 6.4ZOft. .cr. tne'. traaUGC 59&..56 ft. oa stAft 1JIcaa.t
22S cusml.u ,POIfI ROAJ), uacl..re L'q.11T qocrl... bf _t.. 01
lloQda .. to11ady ,. ,"
JlKOIJUIIIiat2 ~ 4I'aII ncl eet oa . .__l"~:~t._
11M or a.lBIAt 225 C.. ... :It..., i~
V1"'~ a.t b. lIlt...."lon vlClr. 'be Ian J.te.~af' "
.:2Gt'O t1r:lob d..moMd m ~ CLAD 0I1ID.". W.
"to AI. J. COPat.ANU ., _.I. date, .6-~ A-' ~oa H lQ' 11._
19" a~ Pap 246 ~ tbIIi .Daad Be,cat'da of tllftU ClMIMt.' f....;
!DU'.IICZ IlcrtI1 ili'59t 1r.n vtt!L ~ Uo~1.Y ~-__ UP
a.f: Ald St.Uil maIN.\T 22S ~_ ;r Jonh'laM or . t;~Cb ct.,.
crib." in l":l~t-at"'1fI7 lJiI.ct,.... 0. W. CONLAJlD. ..... .~ 'U'
ta tba irATI 0' TJWS <<It.el f";'" ~:rMd s.n 'fa1_ ~12 .
a" rap 198 or'tbe De.r1 Ioc0t'4. ot Cadll$r, ..~eAIIj. 596.56
n. tc>> It.a 1tt"tl:'Uct1DlI tt1'h tit. ~ OS' MIll I, \I. QDP~D
-6.4-.. aoJ'a., whea-. . 4-lDcJp canQ'et. riPbo-Ol....' llas-tlr' 18 ~lQId
fO/l' oorur; . . .
TJWtC& Soutb 8701t9"O- Ban vltb t....1la1"tJJ Un ot ..iIl tJ.. &I.
coftLAMD 6..._ .cr.. au :b'laib lSa.~ Dt . 69;;-W aen trac:t IIOW .
or l'o"'l'l~ 0tIM4 b, II.. 1\. O~,.., a1'~~5) ft. to a:J1tDlIi
Bat 1a OOlleM_ fer ~I; oomar or Mid .J. V. ClOhLIND i.4iOlt
.~h ~ OQ'lll8r at thb 'no; .4 "o~eb eDl'Mt' of a
a2.~ &en tonot; DO" or ~ly_~ct br tI. tnUm PUlVJ aaoOl"ll..
1QtC 1l~ lIto4 ~..." ill tal,.... 19)1 .'0 'ap J75 ot ~ De.4l
He1lO&'4. 01 ~ CD\IIl'''. ~.t
THiDl'Cl So'Qth 20"'30'121 Viet .1~b tilt cl1Y11l1M lbe be~WtOIl .J. tf.
COIAGlD 6.42a. acrell tall ~. lV'am wrvr 22.61 aen. 28'.76 ft.
to the J'LlC& OF iSClXlftala. Cl)D~' 1.9217 _en. ot ~1U'Ml.
9
.jJ
EXHIBIT" A-4"
(Pg, 1 of2)
158-62-2521
METES AND BOUNDS DESCRIP'rION
Beirlg a 21.894 acre (953.714 sq.ft..) tl'act comprising the
residue of that certain Selected Lands. LTD. No.9 56.84 acre
tract (Harris County Clerk's File No. D 753126) and being part of
Lot 11. F. A, Staashen Subdivision (Volume 1. Page 22. Hal'ri5
County Map Records). Enoch Br-inson Survey, A-5, Harl'is Courlty.
Texas. The 21. 894 acre tract as surveyed by H. Carlos Smith,
Engineers & Surveyors. Inc. I on AUgu6t 5 thru 11, 19B9. is mOl'e
particularly described by metes and bounds as follows:
Beginning at a Railroad tie bolt with punch mark found on
the ~orth right-of-wa}' line of State Highway No. 225 marking the
Northwest cornei of that certEtirl 19. 455B acre tract conveyed to
Issac Heller bY Selected Lands LTD. No.9 (Barris County Clerk':3
File No. H 106003).
Thence, North 20 degree:3 22 minutes 04 second::: Weflt;
coincident with the North right-of-way line of State Highway No.
225 and the West boundary line of .s,tid 56.84 &cre tract; a
distance of 269.66 feet (C&ll 269.54 feet) to a 5/B inch iron rod
set fOl' corner and from which a 5/8 inch iron rod found fc.r a
point of CU1'Ve bears North 20 degrees 22 minutes 04 seconds West-
17.94 feet.
Thence. North 88 c1egl'.'eee. 14 Ini T1utes 08 seconds East;
coincident with the South boundal'y line of t.hat certain 8.672
acre t.ract conveyed to Windsol' I:-'r..~pel'ties I 1no. I by Selected
Lands. LTD. No.9 (Harris County Clerk's File No.B 068784); a
distance of 800.72 feet to a 5/8 inch iron rod found for corner.
Thence. NClrth 68 degree~ 13 minut.o::s 02 seconds East;
coincident with the South boundary line of that certain 4.836
acre tract conveyed to Highway Pipeline Truclting Company by
Selected Lands, LTD No. 9 (Harris County Clerk's File No. M
063169); a distance of 200.00 feet to a 5/8 inch iron rod ~ound
for corner.
Thence. North 1 degree 45 minutes 17 seconds West;
coincident with the East boundary line of said 4.836 acre tract;
a dist.ance ot ~49. 90 feet ,,0 "" 5/8 in~h i1'c.n rod four,d fCIT
corner.
Thence, North 88 degree5 14 minutes 08 ~econds East;
coincident with the South boundary line ot said 4.836 acre tract;
passing at 190,43 feet a 5/8 in~h iron rod set on the West right-
of-way line of that cert~in Co:..stal Indust.rial Water Authority
pel"manent waterl in.. easement (Barris County Clerk's File No.' s K
460191 and K 460192); passing at 314.70 feet a 5/8 inch iron- rod
set on the East right-of-~lay line of said C.I.W.A. easement; for
a total distance of 1074.75 feet to a 5/8 inch iron rod set for
corner.
EXHIBIT "AU
Page 1 of 2
10
EXHIBIT "A-4"
(Pg. 20f2)
11
158-62-2522
Thence. South 56 degrees 03 minutes 55 seccmcls East (Call
South 56 degrees 04 minutes 45 seconds East); coincident with the
South boundary line of said 4.836 acre tract; a distance of
120.10 feet (Call 120.00 feet) to a 5/8 inch iron rod round for
corner and from which a 5/8 inch iron rod found for the N~rtheast
corner of said 56.84 acre tract bears North 1 degree 44 minutes
45 seconds West-170.00 feet. -
Thence,' South 1 degree 44 minutes 45 seconds East (Call
South 1 degree 43 minutes 52 seconds East) coincident with the
East boundary line of said 56.84 acre tract and the West right-of-
way )ine of that certain Houston Lighting and Power 120 foot fee
strip (Volume 47;78, Page 492. Harris County Deed Records); a
distance of 537.87~eet to a 5/8 inch iron rod found for corner.
Thenc~, South 88 degrees 18 minutes 08 seconds West
(REFERENCE BEARING); coincident with the North boundary line of
said 19.4558 acre tract; passing at 930.41 feet a 1/4 inch spike
found 0.06 feet South; passing at 930.51 feet a 5/8 inch carriage
bolt found on the East right-of-way line of said C.I.W.A.
easement; passing at 1013.34 feet a railroad tie belt; passing at
1039.64 feet a 5/8 inch carriage bolt j passing at 1046.31 feet
the West right-of-way line of said C. I. W.A. easement and from
which a 1/4 inch spike was found disturb.::d 0.04 feet South; fOl' a
total distance of 2086.84 feet (Call 2086.49 feet) to the POINT
OF BEGINNING.
ta-M-
KEVIN A. OLSON
TEXAS REGISTERED PUBLIC SURVEYOR NO. 4524
DATE: AUGUST 11, 1989
JOB NO: 2353-89
"
."
-"
.~~::.
EXHIBIT "A"
Page 2 of 2
12
.'c'
r'
n S. .. .. .. 7;l!:,,--,,:., * t
..~, i":J!" '~I', :'"If' .'_-, "',,
-~~ ;~.~=:r~; ~T 2 ;:
,. , . .,' ,,;,,11 " J..~ _
J~.,-'-~ --"!f'", '."';' AI'".
....-ii;.. -,
. ,'fIf'!:
',..-,!.
-'.,............- ,~
13
8
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 24, 2008
Budl?:et
Requested By: Ron Bottoms
Source of Funds:
Department:
Administration
Account Number:
Report:
Resolution: "/.
Ordinance:
Amount Budgeted:
Exhibits:
Ordinance
Amount Requested:
Exhibits:
Model Staff Report
Budgeted Item: YES
NO
Exhibits
SUMMARY & RECOMMENDATION
Attached is a report and a resolution dealing with CenterPoint Energy's recent rate filing that was put together by
attorneys with Lloyd Gosselink. The report addresses some general background information and the resolution
actually suspends the effective date of Center Point's action by 90 days allowing us time to thoroughly analyze the
rate increase. Suspending the effective date does not obligate us to intervene in the rate filing.
:1/'7/00
Date
RESOLUTION NO.
.ACOr-a5
\ i WJ .\Q\
J 3\)~
RESOLUTION OF THE CITY OF LA PORTE
SUSPENDING THE APRIL 10,2008, EFFECTIVE DATE OF
CENTERPOINT ENERGY RESOURCES CORP., D/B/A
CENTERPOINT ENERGY ENTEX AND CENTERPOINT
ENERGY TEXAS GAS (CENTERPOINT) REQUESTED
RATE CHANGE TO PERMIT THE CITY TIME TO STUDY
THE REQUEST AND TO EST ABLISH REASONABLE
RATES; APPROVING COOPERATION WITH THE GULF
COAST COALITION OF CITIES AND OTHER CITIES IN
THE CENTERPOINT AREA TO HIRE LEGAL AND
CONSULTING SERVICES AND TO NEGOTIATE WITH
THE COMP ANY AND DIRECT ANY NECESSARY
LITIGATION AND APPEALS; RATIFYING THE
SELECTION OF LLOYD GOSSELINK AS LEGAL
COUNSEL; REQUIRING REIMBURSEMENT OF CITIES'
RATE CASE EXPENSES; FINDING THAT THE MEETING
AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO
THE PUBLIC AS REQUIRED BY LAW; REQUIRING
NOTICE OF THIS RESOLUTION TO THE COMPANY
AND LEGAL COUNSEL
WHEREAS, on or about March 6, 2008, CenterPoint Energy Resources Corp., d/b/a
CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or "Company"),
pursuant to Gas Utility Regulatory Act S 104.102 filed with the City of La Porte a Statement of
Intent to change gas rates in all municipalities exercising original jurisdiction within its Texas
Coast Division service area effective April 10, 2008; and
WHEREAS, it is reasonable for the City of La Porte to maintain its involvement in the
Gulf Coast Coalition of Cities ("GCCC") and to cooperate with the other similarly situated city
members in conducting a review of the Company's application and to hire and direct legal
counsel and consultants and to prepare a common response and to negotiate with the Company
and direct any necessary litigation; and
WHEREAS, the Gas Utility Regulatory Act S 104.107 grants local regulatory authorities
the right to suspend the effective date of proposed rate changes for ninety (90) days; and
WHEREAS, the Gas Utility Regulatory Act S 103.022 provides that reasonable costs
incurred by Cities in ratemaking activities are to be reimbursed by the regulated utility; and
WHEREAS, on or about March 6, 2008 simultaneous with the filing with the City,
CenterPoint filed a Statement of Intent to change gas rates for the Texas Coast environs with the
Railroad Commission of Texas referred to as Gas Utility Docket ("GUD") No. 9791.
1
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS:
1. That the April 10, 2008, effective date of the rate request submitted by
CenterPoint on or about Mach 6, 2008, be suspended for the maximum period allowed by law to
permit adequate time to review the proposed changes and to establish reasonable rates.
2. That the City is authorized to cooperate with GCCC and its member cities in the
Texas Coast Division service area to hire and direct legal counsel and consultants, negotiate with
the Company, make recommendations to the City regarding reasonable rates and to direct any
necessary administrative proceedings or court litigation associated with an appeal of a rate
ordinance and the rate case filed with the City or Railroad Commission.
3. That the selection of the law firm of Lloyd Gosselink to represent the GCCC and
its members in this matter is ratified.
4. That the City is authorized to intervene and patlclpate in GUD No. 9791,
Statement of Intent of Center Point Energy Resources Corp. D/B/A CenterPoint Energy Entex
and CenterPoint Energy Texas Gas to Increase Rates in the Unincorporated Areas of
CenterPoint's Texas Coast Division, in order to protect the interests of the City.
5. That the City's reasonable rate case expenses shall be reimbursed by CenterPoint.
6. That it is hereby officially found and determined that the meeting at which this
Resolution is passed is open to the public as required by law and the public notice of the time,
place, and purpose of said meeting was given as required.
7. A copy of this Resolution shall be sent to CenterPoint, care of Denise Hardcastle,
Director of Regulatory Activities and Compliance, CenterPoint Energy, P.O. Box 2628,
Houston, Texas 77252-2528 and to Thomas Brocato, at Lloyd Gosselink, P.C., 816 Congress,
Avenue, Suite 1900, Austin, Texas 78701.
Alton Porter
Mayor, City of La Porte
ATTEST:
CUy At:tolLnetj
2
MODEL STAFF REPORT
CenterPoint Energy Gas has filed an application with cities retaining original jurisdiction
over rates and services to increase rates within their Texas Coast Division by $7.36 million. The
Company's application was filed with the City on March 6, 2008.
Purpose of the Resolution:
The resolution suspends the effective date of the Company's rate increase for the
maximum period permitted by law to allow the City time to evaluate the filing, determine
whether the filing complies with law, and if lawful, to determine what further strategy, including
settlement, to pursue.
The law provides that a rate request made by a natural gas utility cannot become effective
until 35 days following the filing of the application to change rates. The law permits the City to
suspend the effective date for 90 days. If the City does not take action to suspend the filing,
CenterPoint may begin charging increased rates after April 10, 2008. According to
CenterPoint, annual rates would increase by approximately $42 for residential customers.
The City has participated in prior rate matters with a coalition of cities now known as
Gulf Coast Coalition of Cities (GCCC). GCCC is a coalition of thirteen cities who have passed
resolutions authorizing GCCC to intervene on behalf of the city in numerous utility matters
pending before regulatory agencies, the Courts or the Legislature. A list of the current members
impacted by this application is attached.
Explanation of "Be It Resolved" Paral!raphs:
Section 1. The city is authorized to suspend the effective date for 90 days for any
legitimate purpose. Time to study and investigate the application is always a legitimate purpose.
Please note that the resolution refers to the suspension period as "the maximum period allowed
by law" rather than ending by a specific date. This is because the Company controls the
effective date and can extend the deadline for final city action to increase the time that the City
retains jurisdiction if necessary to reach settlement on the case. If the suspension period is not
increased by the Company, the City must take final action on CenterPoint's request to raise rates
by April 10, 2008.
Section 2. Negotiating clout and efficiency are enhanced by the City cooperating with
other GCCC cities in a common review and common purpose. Additionally, rate case expenses
are minimized when GCCC hires one set of attorneys and experts who work under the guidance
and control of the GCCC. This provision authorizes the GCCC to act on behalf of the City at the
local level in settlement discussions, and in preparation of a rate ordinance and on appeal of the
rate ordinance to the Railroad Commission and on appeal to the Courts. Any settlement
negotiated by GCCC must be approved by all GCCC member city councils through new rate
ordinances.
Section 3. Lawyers with Lloyd Gosselink have extensive experience in representing
cities and coalitions of cities in ratemaking matters. Geoffrey Gay of Lloyd Gosselink has
represented GCCC in regulatory matters for the last decade. This section ratifies the Coalition's
continued reliance on Lloyd Gosselink for legal services.
Section 4. This provision authorizes the GCCC to intervene in GUD No. 9791 at the
Railroad Commission. Because the Company is seeking uniform rates within its Texas Coast
Division and because the Railroad Commission has original jurisdiction over the rates in the
environs, simultaneous with its filing with the cities on March 6, CenterPoint also filed its rate
application with the Railroad Commission for the environs. Once the city proceedings are
finalized, it is anticipated that they will be appealed to the Railroad Commission where they will
be consolidated into the current pending case.
Section 5. Cities, by statute, are entitled to recover their reasonable rate case expenses
from the utility. Legal counsel and consultants approved by the GCCC will submit monthly
invoices to the City of Friendswood that will be forwarded to CenterPoint for reimbursement.
No individual city incurs liability for payment of rate case expenses by adopting a suspension
resolution.
Section 6. This section merely recites that the resolution was passed at a meeting that
was open to the public and where the consideration ofthe Resolution was properly noticed.
Section 7. This section provides that both CenterPoint and counsel to GCCC will be
notified of the City's action by sending a copy of the approved and signed resolution to certain
designated individuals.
HOW ARE RATE CASE EXPENSES RECOVERED
FROM CUSTOMERS IN RATE PROCEEDINGS?
1. The Gas Utility Regulatory Act ("GURA") allows a utility to recover from customers both the
reasonable rate case expenses the utility directly incurs to put on its case, as well as any
reimbursement to the municipality for its costs. 1
2. The regulatory authority (either the municipality having original jurisdiction over the utility's rates
or the Railroad Commission of Texas on appeal) only has the authority to order the recovery of rate
case expenses from customers whose rates will change as a result of the case pending before the
regulatory authority.
WHAT DOES THIS MEAN?
In Texas, a city gets the exclusive right to determine whether a rate request is reasonable for customers in that
city. It is only if the utility appeals a city's decision on rate relief to the Railroad Commission that the
Commission gains the authority to set rates for those city's customers. In contrast, if a city approves the
requested rates or lets them go into effect, the Railroad Commission has no authority to change the rates for that
city. This also means that on appeal, the Railroad Commission cannot order a surcharge on rates for recovery
of rate case expenses associated with the appeal for city customers whose rates are not at issue on appeal.
WHY?
Because the Railroad Commission does not have authority to change the rates of customers in those cities that
are not participating in the appeal case.
WHAT IS THE CONSEQUENCE OF THIS?
The consequence is that the Railroad Commission can only order the recovery of rate case expenses from those
customers who live in the cities that deny the rate change and end up in an appeal before the Railroad
Commission.
WHY HAVE ALL CUSTOMERS OF ATMOS MID-TEX PAID FOR RATE CASE EXPENSE IN THE
PAST?
Because in past cases (GUD No. 9400 and GUD No. 9670) every city served by Atmos Mid-Tex participated in
the appeal at the Railroad Commission.
HAS THE RAILROAD COMMISSION REJECTED SURCHARGING RATE CASE EXPENSES ON A
CITY NOT PARTICIPATING IN AN APPEAL?
Yes. In GUD No. 9465, the utility filed for a rate change in four cities. The utility settled with the City of Port
Arthur, Texas, agreeing to give that city most favored nation treatment from any resulting appeal. The other
three cities denied the proposed rates and litigated an appeal at the Railroad Commission. Over those three
cities' objections, the Railroad Commission surcharged rate case expenses only on the three cities involved in
the appeal and not on the settling city. Although the Commission approved a revenue increase of only $518,950
for the three non-settling, rate case expenses for the utility and the three non-settling cities exceeded $1 million,
which worked out to about $70 per person in litigation costs.
IS THERE ANY GUARANTEE THAT THE RAILROAD COMMISSION WILL ALLOW THE CITY
TO RECOUP ITS RATE CASE EXPENSES?
No. A city's recovery of rate case expense is not guaranteed. The Railroad Commission has become tougher on
the recovery of rate case expenses by both cities and utilities.
I See Railroad Commission of Texas case GUD No. 9002-9135, citing GURA S 1 03.022 and S 104.051.
W:C:\Docurnents and Settings\00061286.CNP\Local Settings\Ternporary Internet Files\Content.Outlook\JZRNJG3W\CP Revised Rate Case Expense Handout.doc
. CenlerPoinL
Energy
March 20, 2008
Mayor and City Officials
City of La Porte
La Porte, Texas
RE: Pending Statement of Intent to Change Rates
Ladies and Gentlemen:
I am writing to confirm to you that if the City of La Porte approves the rates proposed by
CenterPoint Energy in its Statement of Intent to Increase Rates filed with the city on March 6,
2008, and if the Railroad Commission of Texas shall subsequently establish a lower level of
division-wide base rates with respect to this filing for customers in CenterPoint Energy's Texas
Coast Division, or if CenterPoint Energy shall otherwise agree to implement a lower level of
base rates with respect to this filing in another city or cities in the Texas Coast Division,
CenterPoint Energy shall file such lower level of base rates with the City of La Porte
immediately on the issuance of the final, non-appealable order of the Railroad Commission
establishing such lower base rates or the filing by CenterPoint Energy of tariffs in another Texas
Coast city implementing such lower base rates.
By approving the proposed rates, the City of La Porte and its citizens will avoid
potentially substantial litigation expenses associated with proceedings undertaken by other
municipalities or coalitions of municipalities or the Railroad Commission of Texas.
If you have any questions, please contact Doug Ward at 281-342-8881.
r ruly yours,
C3~'
Richard A. Zapalac
Regional Vice President-Texas
cc: George Hepburn
Keith Wall
Doug Ward
. CenterPoint.
Energy
March 12, 2008
Mayor and City Officials
City of La Porte
La Porte, Texas
RE: Pending Statement of Intent to Change Rates
Ladies and Gentlemen:
I am writing to confirm to you that if the City of La Porte approves the rates proposed by
CenterPoint Energy and if the Railroad Commission of Texas shall subsequently establish a
lower level of division-wide base rates for customers in CenterPoint Energy's Texas Coast
Division, CenterPoint Energy shall file such lower level of base rates with the City of La Porte
immediately on the issuance of the final, non-appealable order of the Railroad Commission
establishing such lower base rates.
By approving the proposed rates, the City of La Porte and its cItlzens will avoid
potentially substantial litigation expenses associated with proceedings undertaken by other
municipalities or coalitions of municipalities or the Railroad Commission of Texas.
If you have any questions, please contact Doug Ward at 281-342-8881.
(~ly yours,
~~<-~~~.-
Richard A. Zapalac
Regional Vice President-Texas
cc: George Hepburn
Keith Wall
Doug Ward
9
~ --
.--".'-'----
REQUEST FOR CITY COUNCIL AGENDA ITEM
Avvrovriation
Agenda Date Requested: March 24
Requested By: Stephen L. Barr
urce of Funds:
Fund 037
Department:
Parks & Recreation
Acc't Number:
037.6046.510.6030
Report: _Resolution: _Ordinance:----X-
Amount Budgeted:
$15,000
Exhibits:
Agreement of Purchase
Agreement of Lease
Heritage Society Notice of Certification
Inspector's Report
Amount Requested:
Budgeted Item: YES X NO
SUMMARY & RECOMMENDATION
As Council is aware, there has been a request to review and modify the operating agreement between
the City of La Porte and the La Porte-Bayshore Heritage Society relating to the Sylvan Beach Depot
Museum. At a January workshop meeting, staff presented to Council, two drafts of an agreement with the
Heritage Society; one draft in which the Heritage Society retained ownership of the depot and associated
buildings and the City leases the land to the Society, and one draft in which the City purchases the Depot and
associated buildings and leases them and the land back to the Heritage Society. Staff was directed to: a)
present the two drafts to the Heritage Society for their decision on which one they wanted to pursue, and b)
to have the City's Building Inspection staff inspect the Depot building, the Original Library building and the
Southern Pacific caboose and report their findings.
The Heritage Society has held a general membership meeting as well as a Board Meeting to discuss
the two versions. It is the consensus of the Heritage Society that they would prefer to sell the buildings to the
City of La Porte and enter into an agreement to operate the museum (see attached
Agreement of Purchase, Agreement of Lease, and Notice of Certification).
The Agreement of Purchase, if approved, would authorize the City to purchase the buildings from
the Heritage Society. The Agreement of Lease provides an operational base for the Heritage Society to
operate the Depot and associated structures as a museum for the City of La Porte. A summary of the
operational structure is as follows
o The City to provide for grounds maintenance of the property.
o The City to pay for minor and major maintenance costs for both the interior and exterior of the
building.
o The City to pay for electricity, natural gas, and other utilities for the buildings.
o The City to pay for liability and property insurance coverage for the buildings including wind and
flood insurance, insurance of contents, and other property (i.e. antique car) owned by the Heritage
Society.
o The City to pay for janitorial service for the buildings.
o The Heritage Society agrees to operate the Depot building, Original Library building, caboose, and
any future acquired buildings as museums for the City of La Porte.
o The City to provide $5,000 annually to the Heritage Society to fund a docent to organize and
catalogue the museum inventory and to open the building to the public for a minimum of 480 hours
per calendar year (1 day per week). (First year to be pro-rated).
It is estimated that approval of this proposed agreement will result in an expenditure of approximately
$350,000 over the twenty year life of the agreement for routine force account labor, materials, and services. A
major repair or unforeseen damage could increase that number significantly. The funding for the docent and
materials for repair will be provided through Fund 037 (Hotel-Motel Fund), with facility and grounds
maintenance labor through the Parks & Recreation Department budget. In anticipation oftffis agreement, the
Fund 037 line item budget for FY 2007-2008 included $5,000 to fund the Heritage staff person. Additional
Page 1 of 2
funding for future needs to service this agreement should be available from the Fund 037 budget, if City Council
approves during its annual budgetary deliberations.
The Inspector's Report lists a number of problems and repairs that need to be accomplished for the three
structures, most of which are not major. The only major repair that is of concern currently is the roof
replacement. That may require a capital expenditure in either next year's or the following year's budget.
Staff is recommending approval of this cooperative agreement as a way to provide operational stability
to the Depot museum for the benefit of future generations of La Porte citizens.
Action Required bv Council:
Consider approval of: AN ORDINANCE APPROVING AND AUTHORIZING AN
AGREEMENT OF PURCHASE OF PROPERTY BY THE CITY OF LA PORTE FROM
PORTE-BAY AREA HERITAGE SOCIETY, AND AN AGREEMENT OF LEASE
N THE CITY OF LA PORTE AND THE LA PORTE-BAY AREA HERITAGE SOCIETY,
WENTY YEAR TERM COMMENCING APRIL 1, 2008.
Ron Bottoms, City Manager
n)/ri ~ ~
Page 2 of 2
ORDINANCE NO. 2008-~T7 I
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT OF
PURCHASE OF PROPERTY BY THE CITY OF LA PORTE FROM THE LA
PORTE-BAY AREA HERITAGE SOCIETY, AND AN AGREEMENT OF LEASE
BETWEEN THE CITY OF LA PORTE AND THE LA PORTE-BAY AREA HERITAGE
SOCIETY, FOR A TWENTY YEAR TERM COMMENCING APRIL 1, 2008; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract, agreements, or
other undertaking described in the title ofthis 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 ofthe 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.
Page 1 of2
Section 3. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
PASSED AND APPROVED, this 24TH day of MARCH 2008.
CITY OF LA PORTE
By:
(\~ I-L r\~L
"-J'\..JV~C. \",~~
Alton E. Porter,
Mayor
ATTEST:
'dIVJak ~Mf
Martha Gillett,
City Secretary
APPROVED AS T~ FO~J. ,
~aJ~
Knox W. Askins,
City Attorney
Page 2 of2
10
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 3/14/2008
Budl?:et
Requested By: Gretchen I.arson
Source of Funds:
LPEDC
Department: City Mallager(EDC
Account Number: 038-6030-565-50.07
Report:
Resolution:
Ordinance:
Amount Budgeted:
$0
Exhibits:
Amount Requested:
$15.000
SUMMARY & RECOMMENDATION
In August of last year the LPEDC approved the final paperwork for the agreement with
Consultivo Ltd. for the development of a Hotel RFO at the location at the Sylvan Beach
Pavilion. The agreement is attached and it authorizes a payment not to exceed $15,000 for
the services described therein.
A request for a partial payment has been received and before we can process the payment
the budget must be amended by City Council per our budget requirements. This request is to
authorize the Finance Director to amend the FY 2007-2008 Budget in the amount of $15,000
to cover the expenses associated with the development of the Hotel RFO as referenced in
the attached Agreement between the City of La Porte and Consultivo Ltd.
Action Required by the Council:
Approve the recommended budget amendment for the FY 2007-2008 Budget in the amount
of $15,000 for the required payments to Consultivo Ltd. for the development of the Hotel RFO
as r need in the attached Agreement between the City of La Porte and Consultivo Ltd.
JIlt! J 9
CONSULTANT AGREEMENT
DATE: 9;:/~ 7
C~NSU~
Consultivo LLP
This agreement is entered into by City of La Porte hereinafter referred to as "The City," and
Consultivo LLP, hereinafter referred to as the "CONSULTANT." Acting as a legally registered
company and as a HUB certified company in the State of Texas, the CONSULTANT is performing
services as an independent contractor, and this agreement does not create a partnership, joint
enterprise, or employment relationship between the parties.
The City wishes to obtain the CONSULTANT's services and the CONSULTANT is willing to
perform them personally in accordance with the following terms and conditions:
1. Services: Scope of CONSULTANT's Services shall be to facilitate a solicitation for
developer interest for an hotel development for The City based on the attached Scope of
Service; Exhibit A dated August 27,2007.
2. Period of Performance: The period in which the CONSULTANT's services will be
performed shall commence upon date of execution and shall terminate upon completion of
the services (see scope), whichever comes first, unless terminated in accordance with
Paragraph 11.
Consideration: City shall pay the CONSULTANT according to the following anticipated
Scope of Service, see Exhibit A, a fee of $ 9,875.00 for the deliverables in Section A.
3. Expenses: The fee and costs referenced in paragraph 2 is all inclusive and includes any
normal expenses incurred by the CONSULTANT, as described in Exhibit A, Section A.
4. Payment Schedule: City shall pay the CONSULTANT after acceptance of the
CONSULTANT's services and receipt from the CONSULTANT of a signed invoice, including
any receipts, invoices, and other substantiation as City may reasonably require, unless
otherwise stipulated and agreed upon by City. Such invoice shall specify the period for which
compensation is claimed. City shall be entitled to withhold payment for services which are
unacceptable, as determined by City, until such services are made acceptable by the
CONSULTANT and are accepted by City.
5. Taxes. Benefits and Insurance: As an independent contractor performing services for City,
the CONSULTANT understands and agrees that it is solely responsible for his State and
Federal taxes and for the payment of certain other payroll related expenses.
The CONSULTANT authorizes City not to withhold from its wages any amount for Federal
Insurance Contributions Act (FICA) and for Federal and State income taxes.
The CONSULTANT understands that it is not covered by any benefit plans maintained by
City.
6. Trade Secrets: The CONSULTANT shall not, during the term of this agreement or at any
time thereafter, divulge, use, furnish, disclose, or make accessible to anyone other than City,
or its employees, officers or directors, or other than in the City's usual course of business,
any knowledge or information with respect to (i) confidential or secret processes, plans,
formulae, programs or material relating to the business, services, or activities of the City, its
affiliates, or subsidiaries, (ii) any confidential or secret development or other original work of
the City, its affiliates, or subsidiaries, (iii) any other confidential or secret aspect of the
business, products, services, or activities of the City, its affiliates, or subsidiaries.
7. Indemnification: CONSULTANT's services shall be performed with the usual thoroughness
and competence of the consulting profession, in accordance with the standard for
professional services at the time such services are rendered. No other warranty or
representation, either expressed or implied, is included or intended hereunder.
1
8. Disclosure of Information: All records, materials, and information obtained by the
CONSULTANT during the term of this Agreement are confidential and shall remain the
exclusive property of the City. During and after the term of this Agreement, the
CONSULTANT shall at no time duplicate, distribute, nor use the contents of such records,
materials, or information for any purpose whatsoever other than in connection with City
business and operations and as required for CONSULTANT's performance of services, nor
shall the CONSULTANT divulge the same. This provision shall not apply to any information
which is now, or subsequently becomes, in the public domain, provided that the
CONSULTANT has not, during or after the term of this Agreement violated this provision,
disclosed or cause to have disclosed such information as to make it public or within the public
domain.
9. Ownership of Materials: The materials prepared by the CONSULTANT have been specially
ordered and commissioned by the City and shall be considered "works made for hire," as that
term is used in the Copyright Act of 1976, as from time to time amended. The parties hereto
intend that the City shall be the sole and exclusive owner of each and every right, title, and
interest in and to the materials. To the extent that all rights, title, and interest in and to any of
the materials does not vest in the City in any jurisdiction by virtue of the status of such
materials as "works made for hire," the CONSULTANT hereby assigns and transfers
exclusively to the City all of its rights, title, and interest in and to such materials throughout
the world, including all rights of copyright therein, the right to obtain all copyrights and
renewals of copyright in the City' name without limitations, and the right to grant licenses for
the use of the materials. As sole and exclusive owner of all rights, title, and interest in and to
the materials, the City shall have the right to use them in any manner, regardless of whether
or not this Agreement has terminated, and regardless of whether or not the CONSULTANT
continues to serve under the terms of this Agreement. CONSULTANT agrees to cooperate
fully with the City and City rights in the materials. Without limiting the foregoing, the
CONSULTANT agrees to execute, deliver, file, and record at the City expense such
documents as reasonably may be required by the City in order to protect the City rights.
10. Survival of Provisions: CONSULTANT acknowledges and agrees that the covenants and
agreements of the parties contained in Sections 7, 9, and 10 shall survive the termination of
this Agreement.
11. Termination:
a. Term - The term of this Agreement shall be as set forth in Paragraph 2 above, or
until terminated, as provided in this Paragraph 11.
b. By the City - Upon completion of services by the CONSULTANT.
c. By the City Without Cause - the City may terminate this Agreement with one
month's notice.
d. By the City For Cause - the City may terminate this Agreement:
i. If the CONSULTANT neglects, or fails to observe or perform any of
his/her obligations under this Agreement; or
ii. If a judgment or decree is entered against the CONSULTANT approving
a petition for an arrangement, liquidation, dissolution or similar relief
relating to bankruptcy or insolvency and such judgment or decree
remains unvacated for thirty (30) days; or
iii. Immediately if the CONSULTANT shall file a voluntary petition in
bankruptcy or any petition or answer seeking any arrangement,
liquidation or dissolution relating to bankruptcy insolvency or other relief
for debtors or shall seek or consent or acquiesce in the appointment of
any trustee, receiver or liquidator of any of the CONSULTANT's property.
e. By CONSULTANT - The CONSULTANT may terminate this Agreement at any
time or upon completion of all services it has agreed to perform pursuant to
Paragraph 1.
2
Executed this me.ll1!- day of ~~Bh_ ,2007.
CONSULTANT: Consultivo LL?
By: Consultivo Group LLC,
~t~3=r~e~aj ?C;:'::--J~':-
17,09. Del Paso.
Texas 78641 i
. . \ '
\
i
c,,. i t~l ~. ~jf\ ,
i "\. ~ ~V', 0 ?~ld.
Ruben Rodriguez, \.J 6
Manager of its General Partner
...
.)
e
.~
Consultivo
Exhibit A
La Porte Development Corporation hotel feasibility study - Consultancy Scope of Service -
dated August 27,2007.
(A) Upon authorization to proceed, Consultant shall provide the following scope of service.
)> Facilitate the preparation of a solicitation for Developer for the developmentofa full
service hotel. Such solidtation may take the form ofa detailed letter of interest
(expression of interest), an RfQ (request for qualifications) and lor an RFP (request
for proposal) being one or.a combination of all.
)> Advise on strategy for solidtation
)> Assist with anc! advise on the received responses
For the work described in Section A the total fee for services is $9875 to be paid 50% upon
completion of 50% of the deliverablesand the remaining 50% to be paid upon 100%
completion of scope on Section A.
The timetable.for completion of thedeliverables in Section A shall be no later than 120 days
from date of authorization to proceed.
(B) The scope of work may also include the following:-
. Review owners needs, goals and requirements
. Research industry deliverablesand options
. Research, analyze and present hotel flag I management company partner - where
possible
. Facilitate presentation and for private partners - where possible
. Ditto public options
. . Ditto Design partners- where pOSSible
. Provide research and consultancy as directed.
For the work described!n SectionB the fee for the services provided are not to exceed
$5000.00 and shall only be performed upon authorization and as directed by the City and
payable on an agreed hourly rate basis of $ 120.00/hour.
up LLC,its general partner
. *10
~~~b{) r 1 i... .01-
Date
ner
city of La Porte
604W. Fairmont Parkway
La Porte, Tex 5
~rf?
R Rodriguez
1705 Del Paso
Texas 78541
5129409004
I
12
..--------
-- ------
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 24.2008
Budl!et
Requested By: Ron Bottoms
Source of Funds:
Department:
Administration
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Stop Loss Insurance
Amount Requested:
Exhibits:
Budgeted Item: YES
NO
Exhibits
SUMMARY & RECOMMENDATION
Attached is a copy of our solicitation for Stop-Loss Insurance Coverage, as well as a copy of the results. Lesley
Hagen with HRH will be present Monday night to go over the proposals with you. We are recommending
increasing our deductible from $115,000 to $125,000 per employee and staying with our current carrier, American
Stop-Loss, for $303,343 per year (last year's rate was $314,605).
3r?9;bp>
Date
The City of LaPorte, Texas
Stop Loss SAFO Worksheet
2008
Quotes
Covera e Basis
18/12
24/12
24/12
24/12
24/12
24/12
18/12
Benefits Covered
Medical/Rx
Medical/Rx
Medical/Rx
Medical/Rx
Medical/Rx
Medical/Rx
Medical/Rx
Covera e Amount
$1,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$2,000,000
Deductible
$115,000
$115,000
$125,000
$135,000
$115,000
$115,000
$115,000
Sin Ie Rate
$37.06
$40.77
$37.28
$34.40
$34.64
$42.88
$33.13
Covera e Basis 18/12 24/12 24/12 24/12 24/12 24/12 18/12
Benefits Covered Med 1 Rx Med 1 Rx Med 1 Rx Med 1 Rx Med 1 Rx Med 1 Rx Med 1 Rx
Covera e Amount $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000
$5.24 $5.50 $5.50 $5.50 $5.43 $6.20 $5.43
Sin Ie Factor $389.20 $412.55 $416.68 $421.22 $850.00 $439.04 $354.00
Famil Factor $1,070.30 $1,134.52 $1,145.86 $1,158.34 $850.00 $1,053.69 $1,256.70
N/A N/A
$3,774,851
$4,001,345
$4,041,350
$4,085,368
$3,835,200
$3,802,771
$4,272,851
Total Estimated Premium
$314,605
$344,877
$303,343
$282,850
$351,937
$384,291
$329,919
Particioation
Sin91e
Family
Composite
Both Plans
Combined
129
247
376
Special Note: T Hawkins has a separate deductible of $150,000
3/19/2008
HRH@
1155 Dairy Ashford, Suite 350
P.O. Box 941709 (77094-8709)
Houston, Texas 77079-3012
281-531-4455
800-964-6564
hilb rogal & hobbs
From:
Date:
Subject:
All Interested Carriers
Lesley Hagen
February 21, 2008
The City of LaPorte, Texas
Request for Proposal (RFP), Stop-loss Coverage
To:
Background
The City of La Porte is seeking competitive proposals for stop-loss insurance for its self-funded
employee health plan effective 04/01/08. The stop-loss insurance contracts for 1998 - 2001 were
with HCC Employee Benefits (USB). For 2002 through 2007, coverage was provided by Standard
Security Life Insurance Company. The City desires all interested carriers to quote both specific and
aggregate coverage.
Current Health Plan
The City of La Porte covers approximately 321 active and 53 retired employees and their dependents
in its medical programs. Thirty-four (34) of the retirees are under the age of 65. Prior to January of
2005 the structure of the plan of benefits had been largely unaltered with a single benefit option. In
January 2005, the City changed to offer four plans. Effective January 1, 2008 the city changed to
Aetna as administrator. The city offers two HRA plans and one PPO plan. These benefit summaries
are included in this RFP for your review.
Goals and Objectives
This RFP seeks quotations for stop-loss insurance coverage. Statistics provided are a compilation
of data from the plan administrator and the City of La Porte. As a public entity, the City of La Porte
has a responsibility to manage their insurance costs. The primary goal of this RFP process is to
evaluate marketplace options from both a financial and coverage perspective.
Coverage Requested
. Soecific Coveraqe
Deductibles: $115,000, $125,000
Basis: 18/12 (Current), Paid
Medical and Rx
$2,000,000 maximum
Coveraae Requested (cont.)
· Aqqreqate Coveraqe
Basis: 18/12 (Current), Paid
Medical and Rx
$2,000,000 maximum
125% corridor
Overview and Evaluation Criteria
Each proposal received will initially be analyzed by HRH to determine the following:
· Overall responsiveness
. Pricing
· Adherence to format and completeness of the information requested
Failure to comply with the instructions or to submit an incomplete proposal may, at the discretion of
the City, result in disqualification. Results will be forwarded to the City for final decisions.
The content of your proposal and responses to the questionnaire will be weighed in the evaluation
process. The City's highest priority is to secure the best possible coverage for employees while
balancing the financial concerns of the City.
Best And Final Offer (BAFO)
The City of la Porte reserves the right to return to the top candidates to request a BAFO based on
one or more components of the initial proposal. The BAFO request may have additional evaluation
criteria. These criteria will be explained at the time best and final offers are requested. HRH and the
City of la Porte reserve the right to negotiate certain terms and conditions relative to the contract.
Deadline and Location
The deadline for submitting your proposal is March 3, 2008, at 2:00 PM CST. Only one proposal per
company will be accepted. Three copies of your proposal should be delivered in a sealed envelope,
via hand delivery or shipped overnight to the City of laPorte, Texas at the address listed below. Any
proposals received after the due date and time whether mailed or hand delivered will be returned,
unopened.
City of la Porte
Request For Proposal #08505
(Stop-loss Insurance)
Attn: Purchasing Office
2963 N. 23rd Street
la Porte, TX 77571
(281) 471-5126.
Subject to the requirements of the Texas Open Records Act, if a company believes that a proposal
is, or parts of a proposal are confidential, then the company must so specify. The company must
stamp in bold letters the term "CONFIDENTIAL" on that part of the proposal, which the company
believes to be confidential. The successful proposal may be considered public information even
though parts are marked confidential. Copyrighted proposals are unacceptable and will be
disqualified as unresponsive.
Anticipated Timeline for RFP Process
The anticipated tentative timeline for the process is as follows:
Advertise and release RFP Februajy 24, 2008
RFP due date March 10, 2008
Select finalists and request Best and Final Offers March 11-13, 2008
Board Approval! Award of contract March 24,2008
Effective date April 1, 2008
Addenda to the RFP
Any additions, deletions, modifications or changes made to this RFP shall be processed through the
consultant, HRH. If addenda are issued to this RFP, a good faith attempt will be made to deliver
them to all prospective Companies. However, prior to submitting the proposal, it shall be the
responsibility of each Company to contact HRH to determine if addenda were issued and, if so, to
obtain such addenda for attachment to the Proposal.
Formalities and Reauirements
By submitting a response to the RFP, the vendor agrees to abide by the terms and conditions cited
in the RFP. Deviations from the RFP must be explained in the appropriate section. The City will not
be responsible for missing, lost or late mail. The City will not accept any proposals via facsimile or
email.
Proposal Costs
The City does not accept any financial responsibility for any costs incurred by any Company for
purposes of preparing a response, travel, or any other associated costs in relation to this proposal.
Firmness of Proposal
Proposals shall be firm and effective until the anniversary date of the plan, April 1, 2008. Rejection
or withdrawal after an offer is accepted shall constitute a breach of contract. Premium rates
proposed shall be firm and not subject to change based upon enrollment in the Group Plan.
Commissions
Please include 10% commission for HRH.
Withdrawal of Submitted Proposal
A proposal, which has been submitted, may be withdrawn prior to the scheduled time for opening
proposals. A request to withdraw a proposal must be in writing and be received by the City prior to
the scheduled time for opening proposals.
Prohibition of Warranty Endorsement
Each Company submitting a proposal acknowledges that the City has made a reasonable attempt to
provide the Companies information related to the self-funded medical plan. The responsibility for
determining the full extent of the services required, the exposures to risk, and verification of all
information herein shall rest solely with those submitting proposals. Neither the City nor its
representatives shall be responsible for any errors or omissions in this RFP. The City reserves the
right to request additional information from the Company after the submission date.
Termination of Contract
The City reserves the right to terminate the contract upon failure to perform as per conditions listed
but not limited to those given below:
· Failure to perform as per terms of Request for Proposal.
· Failure to perform as per negotiated terms and conditions.
· Failure to perform as per usual and customary industry practices.
· Failure to perform as per guarantees and performance standards submitted.
· Upon breach of any laws, rules and regulations.
The City reserves the right to cancel the contract I agreement at any time with thirty-day (30)
advance notice of its intent to terminate the agreement I contract. The company shall, however,
provide ninety-day (90) advance written notice of its intent to cancel coverage.
Contact Personnel
Questions relating to this RFP must be directed via e-mail, or facsimile to:
Lesley Hagen, RHU
HRH
1155 Dairy Ashford, Suite 350
Houston, Texas 77079
Phone 281.584.1667
Fax 281.249.8067
leslev. haqen@hrh.com
If additional information becomes available between the issuance of this RFP and the due date,
dissemination of information will be completed simultaneously to all companies requesting a copy of
the RFP. An active roster of all companies requesting proposals will be maintained.
13 .
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 03/24/2008
Bude:et
Requested By: Rif:hllrd Ii: RefT
Source of Funds:
Department: pglite
Account Number:
Report: xxx Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
2007 Activity Report
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Report to Council on the Activities that the Police Department has been involved in for the year
2007. Report to reflect statistics for Uniform Crime Reporting, DOT enforcement, Traffic
enforcement, Animal Control Facility, Support activity, and reported activity by Council
Districts.
report.
Djt9;:g
......-
;...
o
~
~
~
.-
>
.-
......-
~
-<
l'
Q
Q
t'l
Police Department Staffing
Position Authorized Level Current Level
Chief of Police 1 1
Assistant Chief of Police 2 2
Lieutenant 4 4
Sergeant 10 10
Patrol Officer 57 54
Public Safety Attendant 5 5
Tele-Communicator 12 9
Computer Administrator 1 1
Property Custodian 1 1
Secretarial 3 2
Records Clerk 2 2
Victim's Assistance Liaison 1 1
Building Technician 1 1
Animal Control Supervisor 1 1
Animal Control Officer 3 3
In 2004 we lost 9 personnel
In 2005 we lost 6 personnel
In 2006 we lost 7 personnel
In 2007 we lost 12 personnel
We are currently trying to fill the following shortage:
3 Patrolmen
3 Tele-Communicators
1 Secretary
City
Bay town
Deer Park
La Porte
Pasadena
Seabrook
So. Houston
Webster
Uniform Crime Report for 2006
Comparison to Surrounding Cities
Crime
Population Index Murder Rape
Crimes
per
1,000
Agg
Robbery Asslt
Burglary Theft
Auto
Theft
69,387 2,347 2 26 87 110 527 1391 204 33.8
29,328 689 0 12 6 54 135 444 38 23.4
34,075 587 0 4 8 78 113 304 80 17.2
146,839 5,468 7 49 171 393 1,017 3,394 437 37.2
11,004 272 0 5 73 73 50 124 17 24.7
16,328 891 0 8 67 49 172 443 152 54.6
9,083 1022 0 26 11 243 319 364 59 112.5
City
Bay town
Deer Park
La Porte
Pasadena
Seabrook
So. Houston
Webster
Uniform Crime Report for 2007
Comparison to Surrounding Cities
Population
Crime
Index
Murder Rape Robbery Agg Asslt Burglary Theft
Auto
Theft
UCR per
1,000
69,387 3425 7 44 113 160 731 2050 320 49.4
29,328 922 0 8 17 49 168 623 57 31.4
34075 434 0 3 10 69 95 208 49 12.8
146,839 5654 3 75 153 3507 409 1034 473 38.5
11 ,004 381 1 7 2 1222 173 49 27 34.6
16,328 788 2 3 56 47 126 436 118 48.3
9,083 1154 0 7 19 267 122 661 78 127.1
Total
Average
La Porte
07 La Porte
For comparison purposes, the National Average in 2006 for Cities of
population of 25,000 to 49,999 with 712 cities reporting is:
Crime
Index
Agg
Robbery Asslt
Burglary Theft
Auto
Theft
Murder Rape
965,193 887 7,696 27,695 58,988 172,975 619,878 77,244
1,355.6 1.2 10.8 38.9 82.4 242.9 870.6 108.5
587 0 4 8 78 113 304 80
434 0 31 10 69 95 208 49
The figures for the N ational Average for 2007 has not been published as yet;
however, the figures indicate that our crime index is below the average for
cities in the FBI's comparison group.
Activity Reports based on the Council Districts
Aggravated Assault 5 2 6 7 8 5
Aggravated Robbery 0 1 2 0 0
Aggravated Sexual Assault 3 1 4 6 3 2
Alarms 255 162 169 452 174 262
Assault Class C 50 43 50 96 39 31
Assault Class A 24 40 30 39 18 13
Auto Theft - UUMV 11 10 15 30 8 9
Burglary 18 37 55 54 19 27
Burglary Building 5 1 2 7 8 5
Burglary Coin Operated Machine 1 1 1 0
Burglary Habitat 8 10 20 23 3 7
Burglary Vehicle 5 13 34 34 13 24
Criminal Mischief 76 72 95 120 40 67
Curfew 4 5 2 14 37 0
Dead on Scene 5 6 3 35 2 1
Disturbance 161 180 149 277 120 110
OWl 52 71 51 148 30 57
Forgery 5 2 3 9 9 4
Homicide 0 0 0 0 0 0
Humane 467 333 321 690 149 281
Prowler 9 8 10 19 4 13
Sexual Assault 4 10 12 28 4 4
Theft 57 61 66 148 57 61
Theft Felony 3 1 0 3 1 2
Weapons 0 1 0 00 1 0
Drug related activity by Council District
Activity District 1 District 2 District 3 District 4 District 5 District 6
Overdose 10 7 5 5 6 6
Possession of Controlled 9 7 14 45 12 5
Substance
Possession of Dangerous 0 2 2 4 4 1
Drug
Possession of Marijuana 9 12 13 31 18 5
Police Reporting Districts as they align with City Council Districts
~
. DISTRICT 1
DISTRICT :2
DISTRiCT 3
o ISTR ICT 4-
D ISTR tCT 5
. DISTRICT {\
La Porte Department of Transportation (DOT) Officers
Activities
In order to make a comparison of the yearly activities of the Police
Departments DOT unit included in the chart are the figures for 2006.
DOT reports submitted to Austin must indicate the level of inspection of
vehicle and DOT Officers are required to conduct a specific number of
inspections in each level to maintain their Certifications.
Level 1 Violations refer to the North American Standard Inspection and
requires the inspector to crawl under the truck and check everything.
Level 2 Violations refer to the Walk-Around Driver/Vehicle Inspection which
does not require the inspector to crawl under the truck.
Each inspection is very detailed and thoroughly conducted.
La Porte Department of Transportation (DOT) Officers
Activities
Action 2006 2007
Level 1 Violations 228 2378
Level 2 Violations 741 1396
Total Level 1 & 2 969 1633
Driver Violations 406 769
Tractor Violations 1350 2696
Trailer Violations 521 1096
Total Violations 2277 4561
Driver Out of Service 56 90
Tractor Out of Service 182 344
Trailer Out of Service 192 243
Total Our of Service 430 677
DOT Charges Filed 534 892
Weight Charges Filed 88 606
Other Charges Filed 193 504
Total Charges Filed 815 2002
Accidents Worked 61 90
Accidents Assisted 57 89
Patrol Calls 138 868
Arrests 9 32
Citations Issued by Patrol Officers Comparing 2006 to 2007
Month 2006 2007 #STEP
January 815 479
February 924 612
March 812 791
April 680 630
May 875 1032
June 830 1271
July 496 1032
August 581 1093
September 472 1300
October 628 1034 369
November 412 940 432
December 372 1596 448
Total 7867 11810 1249
Activities of the Support Services Division
Activity 2006 2007
Open Records Request/Subpoenas 1098 2039
Customer Services Issues 1865 2876
Reports Forwarded to DA's Office 1068 1269
PTS Cards Processed 4341 6537
Youth Programs 36 51
Dogs picked up 876 928
Cats picked up 1917 1072
Wildlife picked up 200 241
Animals Adopted Out 134 196
Animals Returned to Owner 258 263
Animals Fostered Out 570 659
ACO Calls for Service 2738 2784
AC Citations Issued 22 28
Animal Bites 47 43
AC Fees Collected $10,065.00 $9,115.00
Adult Arrests 2006 2084
Juvenile Arrests 411 406
e---.
(IJ
=
Q
.",..
......
(IJ
~
=
OJ
~
=
-<
\4
--------------------
Back-up not required for this item
E
PRESENTATION TO BE MADE AT MEETING