HomeMy WebLinkAbout2008-08-11 and 8-12 Budget Workshop Meetings on Proposed Budget and Public Hearings on Recommendations of Planning & Zoning Commission and other Matters of City Council
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MINUTES OF CITY COUNCIL MEETING FOR BUDGET WORKSHOP MEETINGS ON
PROPOSED BUDGET AND PUBLIC HEARINGS ON RECOMMENDATIONS OF PLANNING
AND ZONING COMMISSION, AND OTHER MATTERS
OF THE LA PORTE CITY COUNCIL
AUGUST 11 & 12, 2008
August 11, 2008
1. Call to order
The meeting was called to order by Mayor Porter at 6:00 p.m.
Members of City Council Present: Mayor Porter, Mayor Pro-Tem Mike Clausen, Council
members Tommy Moser, Mike Mosteit, Louis Rigby, John Black, Chuck Engelken, Howard
Ebow and Georgia Malone.
Members of Council absent: None
Members of City Executive Staff and City Employees Present: Assistant City Attorney
Clark Askins, City Secretary Martha Gillett, City Manager Ron Bottoms, Police Chief
Kenith Adcox, Human Resources Manager Heather Weger, Building Official Debbie
Wilmore, Purchasing Manager Susan Kelley, Police Office Coordinator Melisa Lanclos,
Finance Director Michael Dolby, Assistant City Manager John Joerns, Director of Public
Works Steve Gillett, Economic Development Coordinator Gretchen Larson, EMS Chief
Ray Nolen, Secretary Michelle Bedford, GIS Manager Brian Sterling, Assistant Fire Chief
Donald Ladd, Golf Pro Alex Osmond, Main Street Coordinator Debra Dye, Director of
Parks & Recreation Stephen Barr, Director of Planning Tim Tietjens, Assistant Police Chief
Ron Parker, Fire Chief Mike Boaze, and a number of other employees.
Others present: Adam Yanelli of the Bayshore Sun, Paul Chavez, David Janda, Colleen
Hicks, Barry Beasley, Connie Fortune, AI Fortune, Jeff Heintschel, Marie Meehan, Marcus
Deal, Sandra Terry, Michael Martin, Mary Cummings, Bud Cummings, Marice Meehan,
Roy Fuller, Pat Brock, Diane Campbell, Betty Wallace, Denny Beecham, Johnny Wehba
and Dr. Wayne Spears, Fairmont Park Church.
2. Dr. Wayne Spears of Fairmont Park Church led the invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. Council to consider approving minutes of the Regular Meeting and Workshop Meeting of
the La Porte City Council held on July 28, 2008. - M. Gillett
Motion was made by Councilmember Enqelken to approve the minutes as
written. Councilmember Mosteit seconded the motion. Motion carried.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter.
Nays: None
Special Called Regular Meeting, Public Hearings and Budget Workshop Meeting 2
August 11 & 12,2008
Abstain: None
Absent: None
Councilmember Rigby requested Council consider allowing any individuals who may
want to address Council be allowed to speak. City Secretary Martha Gillett advised
the only persons requesting to speak were on public hearing items.
5. Public Hearing - Council to consider recommendation of Planning and Zoning Commission
to approve Special Conditional Use Permit (SCUP) Request #SCU08-003 for operating a
women's substance abuse recovery center in a Light Industrial Zone, at 942 South 14th
Street.
Open Public Hearing - Mayor Porter opened the Public Hearing at 6:05 p.m.
Planning Director Tim Tietjens presented summary and recommendation and answered
Council questions.
Public Input- The following citizens addressed Council:
Marie Meehan, Director of % House for Woman - spoke in favor of the request.
Diane Campbell - of Lutheran Church - spoke in favor of the request.
Theresa Bayer - member of Lutheran Church - spoke in favor of the request.
Connie Fortune - 309 S. Virginia - works for Alanon -- spoke in favor of the request.
Mary Cummings - teacher at La Porte Elementary - spoke in favor of the request.
The Public Hearing was closed at 6:23 p.m.
Recommendation of Planning and Zoning Commission - recommended approval of
Special Conditional Use Permit #SCU08-003 for operating a women's substance abuse
recovery center in a Light Industrial Zone, at 942 S. 14th Street.
6. Council to consider approval or other action regarding Ordinance 1501-F6 and Special
Conditional Use Permit #SCU08-003 for operating a women's recovery center at 942 S.
14th Street.
Assistant City Attorney Clark Askins read: 1501-F6- AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE
COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA
PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU08-003 FOR
THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 2.44 ACRE
TRACT DESCRIBED AS LOTS 1 THRU 32, BLOCK 867, INCLUDING TR A
(ABANDONED ALLEY), JOHNSON HUNTER SURVEY, ABSTRACT 35, LA PORTE,
HARRIS COUNTY, TEXAS FOR THE PURPOSE OF DEVELOPING A WOMEN'S
Special Called Regular Meeting, Public Hearings and Budget Workshop Meeting 3
August 11 & 12,2008
RECOVERY CENTER AT 942 SOUTH 14TH STREET IN A LIGHT INDUSTRIAL (L1)
ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF;
Motion was made by Councilmember Enqelken to approve Ordinance 1501-F6 and
Special Conditional Use Permit SCU08-003 as presented by Mr. Tietiens. Councilmember
Malone seconded the motion. Motion carried.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter.
Nays: None
Abstain: None
Absent: None
7. Public Hearing - Council to consider recommendation of Planning and Zoning Commission
regarding Rezone Request #R08-001, for rezone of a 21.289 tract of land described as
Lots 367,368, 369A and 370, La Porte Outlots, at 1241 Underwood Road from General
Commercial (GC) and Large Lot Residential (LL) to Planned Unit Development (PUD).
Open Public Hearing - Mayor Porter opened the Public Hearing at 6:26 p.m.
Planning Director Tim Tietjens presented summary and recommendations and answered
Council's questions.
Public Input - The following citizens addressed City Council:
Johnny Wehba - 9915 N. P Street - informed Council of his concerns with flooding. He is
not in favor of request unless flooding issues are resolved
Denny Beecham - 9823 N. Ave. P. - read a letter from another resident expressing
concerns with the SCUP request. Property owners are concerned with a loss of property
values, noise, drainage and aesthetics.
Mary Cummings - 9822 North P. - informed Council she is not in favor of this request.
Roy Fuller - 9919 N. P. - spoke in favor of the request.
Marcus Deal- of Shaw Maintenance, Inc. - 1241 Underwood Rd. - explained the
company's reason for the request and encouraged Council to approve. He noted the
expansion was for storage and a lay down yard.
Recommendation of Planning and Zoning Commission - City Council to consider approval
of Rezone Request #R08-001, rezoning the reference property from General Commercial
(GC) and Large Lot Residential (LL) to Planned Unit Development (PUD)
The Public Hearing was closed at 6:58 p.m.
Special Called Regular Meeting, Public Hearings and Budget Workshop Meeting 4
August 11 & 12,2008
8. Council to consider approval or other action regarding Ordinance 1501-G6.
Assistant City Attorney Clark Askins read Ordinance 1501-G6, AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER
106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY
OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION FROM GENERAL
COMMERCIAL AND LARGE LOT RESIDENTIAL TO PLANNED UNIT DEVELOPMENT
AS REQUESTED FOR 21.289 ACRE TRACT OF LAND DESCRIBED AS LOTS
367,368,369A AND 370, LA PORTE OUTLOTS (VOLUME 61, PAGE 374 AS PER
H.C.D.R.) BEING SITUATED IN THE ENOCH BRINSON SURVEY, ABSTRACT NO.5
AND N. CLOPPER SURVEY, ABSTRACT NO. 198, CITY OF LA PORTE, HARRIS
COUNTY, TEXAS, LOCATED AT 1241 UNDERWOOD ROAD; MAKING CERTAIN
FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF;
Motion was made by Council member Malone to deny the rezoninq request. Seconded by
Councilmember Mosteit. Motion carried.
Ayes: Mosteit, Clausen, Rigby, Moser, Malone, Engelken, Ebow and Porter.
Nays: Black
Abstain: None
Absent: None
9. Public Hearing - Council to consider recommendation of Planning and Zoning
Commission regarding Special Conditional Use Permit (SCUP) Request #SCU08-004 for a
21.289 acre tract of land described as lots 367,368,369A and 370, La Porte Outlots, at
1241 Underwood Road, for exterior material storage and operation of lay down yard in
PUD Zone.
On advice of the City Attorney, the public hearing was dismissed by the City Council and
not held due to the action taken on item 8 to deny the rezoning request for the same
property.
10. Council to consider approval or other action regarding Ordinance 1501-H6.
On advice of the City Attorney, consideration of the ordinance was dismissed by the City
Council and not held due to the action taken on item 8 to deny the rezoning request for the
same property.
11. Public Hearing- Council to consider recommendations of Planning and Zoning Commission
to approve Special Conditional Use Permit (SCUP) Request #SCU08-005 for a 10.64 acre
tract being Reserve D out of ~207 acres of land located along Old Underwood Road south
of State Highway 225, for development of office/warehouse facility in PUD Zone.
Open Public Hearing - Mayor Porter opened the Public Hearing at 7:04 p.m.
Special Called Regular Meeting, Public Hearings and Budget Workshop Meeting 5
August 11 & 12, 2008
Planning Director Tim Tietjens presented summary and recommendations and answered
Council's questions.
Public Input - There was no public wishing to address Council on this item.
The Public Hearing was closed at 7:05 p.m.
Recommendation of Planning and Zoning Commission - recommended approval of
Special Conditional Use Permit (SCUP) Request #SCU08-005 for a 10.64 acre tract being
Reserve D out of :!:,.207 acres of land located along Old Underwood Road south of State
Highway 225 and approval of Ordinance 1501-16.
12. Consider approval or other action regarding Ordinance 1501-16 and SCU08-005.
Assistant City Attorney Clark Askins read ordinance 1501-16, AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER
106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY
OF LA PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU08-005
FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO WIT: 10.64
ACRE TRACT, BEING RESERVE D, OUT OF :!: 207 ACRES OF LAND (ALONG OLD
UNDERWOOD ROAD SOUTH OF STATE HIGHWAY 225) IN THE ENOCH BRINSON
SURVEY, ABSTRACT-5, LA PORTE, HARRIS COUNTY, TEXAS FOR THE PURPOSE
OF DEVELOPING OFFICE/WAREHOUSE FACILITY, "PACKWELL II" IN A PLANNED
UNIT DEVELOPMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF;
Motion was made by Councilmember Enqelken to approve Ordinance 1501-16 and
SCU08-005 as presented by Mr. Tietiens Seconded by Councilmember Clausen. Motion
carried.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter.
Nays: None
Abstain: None
Absent: None
13. Council to consider approval of the action regarding the decision of the La Porte
Development Corporation Board to approve a contract with Avalanche Consulting, Inc. for
the completion of a City-Wide Economic Development Strategic Plan, in an amount not to
exceed $125,000.
Economic Development Coordinator Gretchen Larson presented summary and
recommendation and answered Council's questions.
Motion was made by Councilmember Clausen to approve the recommendation as
presented by Ms. Larson. Seconded by Councilmember Ebow. Motion carried.
Special Called Regular Meeting, Public Hearings and Budget Workshop Meeting 6
August 11 & 12, 2008
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebow and Porter.
Nays: None
Abstain: None
Absent: None
14. Council to consider approval or other action regarding Ordinance 2004-2782-W
appointing various members to Boards and Commissions.
Mayor Porter presented summary and recommendations and answered Council's
questions.
Assistant City Attorney Clark Askins read Ordinance 2004-2782- W, AN ORDINANCE
APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES,
OF THE CITY OF LA PORTE, PROVIDING A SEVERABILITY CLAUSE, CONTAINING A
REPEALING CLAUSE, FINDING COMPLIANCE WITH THE OPEN METINGS LAW, AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council member Ebow to approve ordinance 2004-2782-W appointinq
persons to the various boards and commissions. Seconded by Councilmember Mosteit.
Motion carried.
Ayes: Mosteit, Clausen, Rigby, Moser, Black, Malone, Engelken, Ebowand Porter.
Nays: None
Abstain: None
Absent: None
The following persons were appointed:
Fire Code Review Committee - District 1 - Jack Oliphant
Planning and Zoning Commission - Chairman - Hal Lawler
Planning and Zoning Commission - District 6 - Les Bird
Planning and Zoning Commission - Alternate One - David Janda
Planning and Zoning Commission - Alternate Two - Lou Ann Martin
Southeast Texas Housing Finance Corporation Director - Lou Ann Martin
Building Codes Appeals Board - Position 6 - Michael Reedy
Animal Shelter Advisory Committee - Rabies Control Authority - Kenith Adcox, Police
Chief
Special Called Regular Meeting, Public Hearings and Budget Workshop Meeting 7
August 11 & 12,2008
A position still remains vacant on the La Porte Area Water Authority. This position will be
discussed at a future meeting once Council advises the City Secretary they have a person
to fill the vacant slot.
15. Discussion concerning the proposed 2008-2009 City of La Porte Budget
Discussion held Monday, August 11,2008.
City Manager Ron Bottoms opened with a general overview of the budget.
Finance Director Michael Dolby provided an overview of revenues/expenditures.
Departmental budgets including Emergency Services (Fire Prevention, Fire Suppression,
and EMS), Police Department (Police Patrol, Criminal Investigation, Police Support),
Emergency Management, Administration, Community Investment Fund, Hotel/Motel, Main
Street Program, Fund 38-4B, Human Resources, Insurance Funds, Municipal Court,
Purchasing, City Secretary's Office, City Council, Legal, Finance, Tax and Non-
departmental budgets were discussed. Mr. Bottoms provided council with an overview of
each department outlining the major decreases, increases and capital requests. Mr.
Bottoms noted capital items would be discussed separately in detail later in the meeting.
Council requested a new sound system be considered for the Council Chambers.
The meeting was recessed on August 11, 2008, at 9:35 p.m. The meeting is scheduled to
reconvene on August 12, 2008, at 6:00 p.m.
August 12, 2008
The meeting was reconvened on August 12, 2008 at 6:01 p.m.
Members of City Council Present: Mayor Alton Porter, Malone, Black, Engelken, Ebow,
Moser and Rigby.
Members of Council Absent: Clausen and Mosteit.
Members of Staff Present: City Manger Ron Bottoms, Assistant City Manager John
Joerns, City Attorney Knox Askins, Assistant City Attorney Clark Askins, City Secretary
Martha Gillett, Director of Public Works Steve Gillett, Assistant Director of Public Works
Don Pennell, Construction Inspector Regan McPhail, Budget Officer Shelley Wolny,
Finance Director Michael Dolby, Accountant Gay Collins, Purchasing Manager Susan
Kelley, Police Chief Kenith Adcox, EMS Chief Ray Nolen, Parks and Recreation Director
Stephen Barr, Golf Pro Alex Osmond, Fire Chief Mike Boaze, Emergency Management
Coordinator Jeff Suggs, Fire Marshal Cliff Meekins, Controller Phyllis Rinehart, Interim IT
Manager James Janoch, City Engineer Rodney Slaton, Planning Director Tim Tietjens,
Office Coordinator Peggy Lee, GIS Manager Brian Sterling, Office Coordinator Melissa
Lanclos and Assistant Fire Chief Donald Ladd.
Special Called Regular Meeting, Public Hearings and Budget Workshop Meeting 8
August 11 & 12,2008
Citizens Present: Collen Hicks.
Council took the Executive Session out of order at this time. See #16. for details.
The following departmental budgets were discussed:
Utility Billing, Non-departmental, Public Works Administration, Street Division, Solid Waste
Division, Commercial Solid Waste Division, Water Production, Water Distribution,
Wasewater Collection, Wastewater Treatment, Airport, La Porte Area Water Authority,
Motor Pool, Vehicle Maintenance, Parks and Recreation Administration, Parks
Maintenance, Parks Recreation, Special Services, Sylvan Beach Pavillion, Park Zones,
Planning, Engineering, GIS, Inspections, Golf Course, Golf Course Clubhouse, Golf
Course Maintenance, IT (Maintenance and Repair) and CIP Projects.
16. Executive Session - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW,
CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE
(CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY,
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)
A 551.074 (Personnel Matter)
Meet with Municipal Court Judge,
City Attorney and Assistant City
Attorney to discuss terms of employment
Council retired into Executive Session at 6:02 p.m. on August 12, 2008.
Council returned to the Special Called Regular Meeting/Budget Workshop Meeting and
reconvened at 6:30 p.m. on August 12, 2008 with no action taken.
17. Considerations and possible action on items in executive session.
There was no action taken in the Executive Session.
18. There being no further business to come before Regular Meeting and Workshop Meeting
was duly adjourned at 8:35 p.m.
Respectfully submitted,
'--1nattA~
Martha Gillett, TRMC, CMC
City Secretary
Passed and approved on this 25th day of August 2008.
Special Called Regular Meeting, Public Hearings and Budget Workshop Meeting 9
August 11 & 12, 2008
u;:Mayor Alton E)~O~?rd-r __ ...
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B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: AU2Ust 25. 2008
Appropriation
Requested B~': Ray Nolen
Source of Funds:
N/A
Deparhnent: EDdS
Account Number:
Amount Budgeted:
Report:
Resolution:
Ordinance:
x
Amount Requested:
Exhibits:
Copy of BID Agreement
Budgeted Item: YES NO
Exhibits:
COpy of Aueement Invoice & Letter
Exhibits:
SUMMARY & RECOMMENDATION
Annual agreement renewal between the City of La Porte EMS and the companies located within the Battleground
Industrial District (North ofHwy 225 between BattIegrowld Rd. and Hwy 146) for Emergency Medical Service for
a period of twelve montIls.
The attached 2008-09 agreement is calculated at a rate of $20.19 per employee. per year. This is an increase of .83
cents per employee over the previous year's negotiated rate. The total agreement amount invoiced will be based on
an Average Daily Population at each company.
Attached is an ordinance authorizing the City Manager to execute individual agreements effective October L 2008
with the companies located within the Battlegrolmd Industrial District for Emergency Medical Service.
The agreements will expire on September 30.2009.
2006-07 Revenues - Actual $54,493.04
2007-08 Revenues - Actual $69.850.88
2008-09 Revenues - Projected $72.000.00
RecOlllillend that council approve the City Manager to execute the submitted agreement letter for providing
Emergency Medical Sen'ice to the companies located within the BattlegrOWld Industrial District.
'IJ IJJ ~.g
Date
ORDINANCE NO. 2008- 30Cl5"
AN ORDINANCE APPROVING AND AUTHORIZING AGREEMENT LETTERS BETWEEN
THE CITY OF LA PORTE AND COMPANIES LOCATED WITHIN THE BATTLEGROUND
INDUSTRIAL DISTRICT, FOR EMERGENCY MEDICAL SERVICES, MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council of the City of La Porte hereby
approves and authorizes the agreements, 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 documents and all related
documents on behalf of the City of La Porte. The City Secretary is
hereby authorized to attest to all such signatures and to affix the
seal of the City to all such documents.
Section 2.
The City Council of the City of La Porte
officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place, and subject of
this meeting of the City Council was posted at a place convenient
to the public at the City Hall of the City for the time required by
law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
ORDINANCE NO. 2008- .~()'15'
PAGE 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 25th day of August, 2008
c~ IO~ LA Pr?~ <<
~~,t~..~
Alton E. Porter, Mayor
By:
ATTEST:
~ (). A,d,ttI)
ar ha A. Gillett, city Secretary
c
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
1}J;:'
Appropriation
Requested By: S. Gillett
Source of Funds: N/ A
Department: Public Works
Account Number:
Report:
Resolution: X Ordinance:
Amount Budgeted:
Exhibits:
Ordinance
Amount Requested:
Agreement
Budgeted Item: N/A
Exhibits:
Exhibits
SUMMARY & RECOMMENDATION
TxDOT is replacing the bridge on South Broadway ay Little Cedar Bayou in the near future.
The city operates an eight inch (8") waterline adjacent to the bridge on the east side. The
existing waterline is on wooden pilings, which will need to be removed to accommodate the
wider span to be constructed.
TxDOT has agreed to provide hangers for the future location of the waterline. During
construction, the city will remove the existing line. The contractor will remove the existing
pilings. When the bridge is complete, the line will be hung from supports built into the new
bridge. The absence of this section of line during construction will have no effect on water
pressure or quality.
The ordinance authorizes the execution of the Utility Attachment Agreement for On-System
Bridges.
Council A enda
BluJ~
I1ate
ORDINANCE NO. 2008- 30Qio
AN ORDINANCE APPROVING AND AUTHORIZING A UTILITY ATTACHMENT
AGREEMENT FOR ON-SYSTEM BRIDGES BETWEEN THE CITY OF LA PORTE AND
THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS DEPARTMENT OF
TRANSPORTATION, FOR ATTACHMENT OF A CITY WATERLINE TO THE PROPOSED
BRIDGE REPLACEMENT PROJECT ON SOUTH BROADWAY AT LITTLE CEDAR BAYOU,
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT,
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the City Secretary. The City Manager is hereby authorized to
execute such document and all related documents on behalf of the
City of La Porte.
The City Secretary is hereby authorized to
attest to all such signatures and to affix the seal of the City to
all such documents.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 25th day of August, 2008.
~TY OF LA ~TE
\v~l>,'~
Alton E. Porter, Mayor
By:
ATTEST:
~~<Jldtd
M rt a A. Gillett
City Secretary
APPR~~ ~
Knox W. Askins
City Attorney
2
Memo
To: Martha Gillett
From: Steve Gillett, Director of Public Works
cc:
Date: October 23, 2008
Re: Signed Contract from TxDOT
7/
CITY OF LA PORTE
PUBLIC WORKS
DEPARTMENT
Attached please find the original executed agreement from TxDOT approved by City Council on August
25, 2008. It was Item C on the consent agenda.
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. Page 1
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I Texas Department of Transportation
P.O. BOX 1386. HOUSTON, TEXAS 77251-1386. (713) 802-5000
September 29,2008
CONTACT: DOM
Bridge Attachment
Harris County
BS 146 D at Little Cedar Bayou Bridge
Control Section 389-15
Mr. Steve Gillett
Director of Public Works
City of La Porte
2963 North 23rd Street
La Porte, Texas 77571
Dear Mr. Gillett:
Attached is one executed bridge attachment agreement covering the installation, operation, and
maintenance of an eight-inch water line at the BS 146 D at Little Cedar Bayou Bridge.
If you have any questions, please contact Mr. Leonard E. Polk, P.E., Maintenance Support
Engineer, at (713) 802-5554.
Sincerely,
fIn-tI.J or! fJ<.-
Michael W. Alford, P.E.
Director of Maintenance
Houston District
LEP
Attachments
cc: Mr. Leonard E. Polk, P.E.
THE TEXAS PLAN
REDUCE CONGESTION. ENHANCE SAFETY. EXPAND ECONOMIC OPPORTUNITY. IMPROVE AIR QUALITY
INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS
An Equal Opportunity Employer
CSJ: 0389-15-014
District: Houston - 12
Code Chart 64: 23900
NBI # 12-102-0-0389-15-346
THE STATE OF TEXAS ~
COUNTY OF TRAVIS ~
ORIGINAL
UTILITY ATTACHMENT AGREEMENT
FOR ON-SYSTEM BRIDGES
THIS AGREEMENT BY AND BETWEEN the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the "State", and the City of La
Porte, a home-rule municipality of the State of Texas hereinafter called the "City", acting
by and through its City Council and by virtue of the authority shown on Exhibit B,
attached hereto and made a part hereof.
WITNESSETH
WHEREAS, Transportation Code, Chapter 203, Subchapter E, Transportation Code
9227.015, Transportation Code, ~203.092 authorize the State to regulate the placement
of public utility facilities along a state highway; and,
WHEREAS, the State owns a bridge on BS 146 D over Little Cedar Bayou in Harris
County, Texas, and the City desires to use the bridge for the purpose of installing,
attaching thereto, and supporting an 8-inch water line; and
WHEREAS, it would be difficult and costly for the City to carry its facilities on an
independent structure; and
WHEREAS, the bridge is capable of supporting the load imposed by the attachment
when carried as indicated on Exhibit A, attached hereto and made a part hereof.
NOW, THEREFORE, in consideration of the premises and of mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed as
hereinafter set forth, the State and City agree as follows:
AGREEMENT
Article 1. Time Period Covered
This agreement becomes effective when signed by the last party whose signing makes
the agreement fully executed, and the State and City will consider it to be in full force
and effect until the Project described herein has been completed and accepted by all
parties or unless terminated, as hereinafter provided. This agreement is to continue in
force for as long as the City, its successors or assignees maintain and operate said 8-
Version UAcity-01
Page 1 of 5
Date: 11/1/06
CSJ: 0389-15-014
District: Houston - 12
Code Chart 64: 23900
NBI # 12-102-0-0389-15-346
inch water line attached to said bridge, in actual use or in reserve for future use, unless
terminated sooner pursuant to terms of this agreement.
Article 2. Project Funding and Work Responsibilities
The City shall, at its own expense, provide the necessary conduit, fittings, brackets,
plates, and/or other materials for the installation. All labor, tools, equipment and
incidental items shall be furnished by the City, which shall assume the entire cost of the
work authorized hereunder, to the extent permitted by law.
Any future relocation of the installation due to highway construction or reconstruction
shall be made without cost to the State.
The City also agrees to install and maintain its facilities so as not to inconvenience or
interfere with highway traffic and shall comply with governing laws and the policies and
procedures of the State. Traffic control measures shall be in accordance with the Texas
Manual on Uniform Traffic Control Devices for Streets and Highways. The City shall
notify the State at least 48 hours prior to the commencement of any installation or
maintenance activity in the event inspection by State forces is considered necessary.
Should the City fail to maintain its facilities in a condition acceptable to the State, the
State, after notifying the City, will perform the required maintenance and bill the City for
the cost thereof or take other appropriate action to ensure the safety and convenience
of motorists.
The City may request for the State to include the engineering, materials, and/or
installation of the attachment in an associated State let construction contract. The City
also agrees to reimburse the State for all associated costs with said utility attachment.
Exhibit C of this agreement provides an estimated cost to the State.
Article 3. Termination
This agreement may be terminated in the following manner:
. by mutual written agreement and consent of both parties
. by either party upon the failure of the other party to fulfill the obligations set
forth herein
. by the State if it determines that the performance of the Project or utility work
is not in the best interest of the State.
If the agreement is terminated in accordance with the above provisions, City will be
responsible for the payment of Project costs incurred by the State on behalf of City up to
the time of termination.
Article 4. Right of Access
The State hereby grants to the City the right, privilege and authority to install, operate
and maintain the 8-inch water line as shown on Exhibit A.
Version UAcity-01
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Date: 11/1/06
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District: Houston - 12
Code Chart 64: 23900
NBI # 12-102-0-0389-15-346
It is expressly understood that the State does not purport hereby to grant any right, title,
or easement in or upon this highway. It is further understood that the State may require
the City, at the entire cost of the City, and to the extent permitted by law, to temporarily
or permanently remove any installation made by virtue of this agreement, subject to the
provisions of governing laws, by giving written notice, when such removal is necessary
to repair, construct, reconstruct, and/or make changes in said bridge, provided
reasonable time shall be allowed the City to secure the materials and make necessary
changes. It is understood and agreed, however, that in the event of abandonment by
the State or the destruction of all or a part of said bridge by flood, fire, or other causes,
the State shall be under no obligation to furnish any facilities to the City under this
agreement.
Article 5. Responsibilities of the Parties and Indemnity
City acknowledges that it is not an agent, servant, employee of the State, nor is it
engaged in a joint enterprise, and it is responsible for its own acts and deeds and for
those of its agents or employees during the performance of the work on the Project.
To the extent permitted by law, City agrees to indemnify and hold harmless the State, its
agents and employees, from all suits, actions or claims and from all liability and
damages for any and all injuries or damages sustained by any person or property in
consequence with the performance of design, construction, installation, existence, use,
maintenance, operation, or removal of the utility facility and does hereby agree to
indemnify the State against all court costs, attorney fees and all expenses in connection
with suits for damage and shall, if so requested in writing, assist or relieve the State
from defending any such suits brought against it. Such indemnity includes but is not
limited to any claims or amounts arising or recovered under the "Worker's
Compensation Law", the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and
Remedies Code; or any other applicable laws or regulations, all as time to time may be
amended.
The City also agrees to pay all damages accruing to the State, to the extent permitted
by law, by reason by injuries to the right of way, roadbed, pavement and/or bridge
owned by the State, when such damages are caused by the installation, existence, use,
maintenance, or removal of the City's facilities from the property of the State.
Article 6. Sole Agreement
In the event the terms of the agreement are in conflict with the provisions of any other
existing agreements between City and the State, the latest agreement shall take
precedence over the other agreements in matters related to the Project.
Article 7. Successors and Assigns
The State and City each binds itself, its successors, executors, assigns, and
administrators to the other party to this agreement and to the successors, executors,
assigns, and administrators of such other party in respect to all covenants of this
agreement.
Version UAcity-01
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Date: 11/1/06
CSJ: 0389-15-014
District: Houston - 12
Code Chart 64: 23900
NBI # 12-102-0-0389-15-346
Article 8. Amendments
By mutual written consent of the parties, the scope of work and payment provisions of
this agreement may be amended prior to its expiration.
Article 9. Inspection and Conduct of Work
The State will supervise and inspect all work performed hereunder and provide such
engineering inspection and testing services as may be required to ensure that the
Project is accomplished in accordance with the approved plans and specifications. All
work will be performed in accordance with the Utility Accommodation Rules as set forth
in 43 Texas Administrative Code 921.31 et. seq. adopted by the State and incorporated
herein by reference, or special specifications approved by the State.
Article 10. Maintenance
Upon completion of the Project, the City will assume responsibility for the maintenance
of the completed utility facility on the bridge.
Article 11. Notices
All notices to either party by the other required under this agreement shall be delivered
personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail,
(electronic notice being permitted to the extent permitted by law but only after a
separate written consent of the parties), addressed to such party at the following
addresses:
City:
State:
Mr. Gary K Trietsch, P.E.
District Engineer
Texas Department of Transportation
P.O. Box 1386
Houston, Texas
Steve Gillett, Director
City of LaJPorte - Public Works
2963 N. 23rd
La Porte, Texas 77571
All notices shall be deemed given on the date so delivered or so deposited in the mail,
unless otherwise provided herein. Either party may change the above address by
sending written notice of the change to the other party. Either party may request in
writing that such notices shall be delivered personally or by certified U.S. mail and such
request shall be honored and carried out by the other party.
Article 12. State Auditor's Provision
The State Auditor may conduct an audit or investigation of any entity receiving funds
from TxDOT directly under the contract or indirectly through a subcontract under the
contract. Acceptance of funds directly under the contract or indirectly through a
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Date: 11/1/06
CSJ: 0389-15-014
District: Houston - 12
Code Chart 64: 23900
NBI # 12-102-0-0389-15-346
subcontract under this contract acts as acceptance of the authority of the State Auditor,
under the direction of the legislative audit committee, to conduct an audit or
investigation in connection with those funds. An entity that is the subject of an audit or
investigation must provide the State Auditor with access to any information the State
Auditor considers relevant to the investigation or audit.
Article 13. Signatory Warranty
The signatories to this agreement warrant that each has the authority to enter into this
agreement on behalf of the party they represent.
IN WITNESS WHEREOF, THE STATE AND THE CITY have executed duplicate
counterparts to effectuate this agreement.
FOR CITY
Name
Date
~} ~~I r%
,
By
Ron Bottoms
City Manager
Attest:
Byl,,L/{flJOiC ~ )ftLt tJJ
Date ~ / A5 / or
f ,.
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation
Commission for the purpose and effect of activating and/or carrying out the orders,
established policies or work programs heretofore approved and authorized by the Texas
Transp'ortation Commission.
ByMp?~ /2. 0...-
William R. Cox, P.E.
Director, Bridge Division
Date
~-- /9- o~
Version UAcity-01
Page 5 of 5
Date: 11/1/06
D
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Aue:ust 25. 2008
Appropriation
Requested By: Ron Bottoms, City Mana2er
Source of Funds: HotellMotel
Department:
Administration
Account Number: 03760465106016
Report:
Resolution:
Ordinance:
x
Amount Budgeted: $55,000
Exhibits:
Ordinance 2008-
Amount Requested: $55,000
Exhibits:
Ae:reement
Budgeted Item: Yes
Exhibits:
SUMMARY & RECOMMENDATION
At the July 28 Council meeting, staff reported that during negotiations, it was agreed to renew the agreement with
the Chamber at a base contribution of $55,000 per year with no additional annual allocations. Based on the attached
report, the Sylvan Beach Festival has had an increase in net income since the City's $30,000 annual contribution to
the Chamber for this special event. Another change in the Agreement is the date for which the Chamber should
submit to the City, their budget. The first year of the 3-year Agreement remains in October, but the remaining 2
years should be submitted by July 5th in order for it to be reviewed before the City's budget process.
The contract between the City of La Porte and the La Porte-Bayshore Chamber of Commerce will expire September
30,2008. Therefore, staff recommends Council approve renewal of an agreement with the La Porte-Bayshore
Chamber of Commerce for a base contribution not to exceed $55,000 per year.
Action Required bv Council:
roval of an ordinance approving an agreement between the City and the La Porte-Bayshore Chamber of
glrrj)l6
Date
ORDINANCE NO. 2008- 30C\1
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN
THE CITY OF LA PORTE AND THE LA PORTE-BAYSHORE CHAMBER OF
COMMERCE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract, agreement,
or other undertaking described in the title of this ordinance, in substantially the form as shown in
the document which is attached hereto and incorporated herein by this reference. The Mayor is
hereby authorized to execute such document and all related documents on behalf of the City of
La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the
seal of the City to all such documents.
Section 2. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the City for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and confirms such written
notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its passage and approval,
and it is so ordered.
PASSED AND APPROVED, this 25th day of August, 2008.
?\Y~)F ~A !~E _
By: ~tI ~..~
Alton E. Porter, Mayor
ATTEST:
L-1r/1Jft/, LAiIJ
City Secretary
AP~:
t- ~-r~
City Attorney
E
-----
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: AUl!Ust 25. ~
Requested By: Tim Tietiens G" '
'~
Department: Plannin!:
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted: N/A
Report: _Resolution: _Ordinance:..L.
Amount Requested: N/A
Exhibits:
1. Ordinance for Industrial District Agreement
2. Industrial District Agreement
3. Ord. for Water & Sewer Service Agreements
4. Water Service Agreement
5. Sanitary Sewer Service Agreement
6. Area Map
Budgeted Item: _YES ...x...-NO
SUMMARY & RECOMMENDATION
Vantage Companies, Houston Division has recently sold its property located at the southeast comer of
Fairmont Parkway and Underwood Road in Bayport North Industrial Park II, Bayport Industrial District.
The property's new owner has requested that all current agreements for the property (under Vantage
Development #39) be assigned to Bayport II Mountain West Houston, LLC. The terms and conditions of the
current Industrial District Agreement (IDA), Water SelVice Agreement f'NSA) and Sanitary Sewer SelVice
Agreement (SSSA) will remain unchanged.
The term of the agreements are valid through December 31, 2019, plus any renewals and extensions
thereof. However, the agreements shall automatically expire at such time as there is no effective Industrial
District Agreement between the parties or if the city exercises the right of termination.
Action Required of Council:
A rove an ordinance authorizing the City to enter into an Industrial District Agreement, Water SelVice
g ment and Sanitary Sewer SelVice Agreement with Bayport II Mountain West Houston, LLC
Date
ORDINANCE NO. 2007-IDA- //t..? ( )'
30Qg
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH BAYPORT II MOUNTAIN WEST
HOUSTON, LLC, FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING
DECEMBER 31, 2019, 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.
BAYPORT I I MOUNTAIN WEST HOUSTON, LLC, has
executed an industrial district agreement with the City of La
Porte, for the term commencing January 1, 2008, and ending December
31, 2019, a copy of which is attached hereto, incorporated by
reference herein, and made a part hereof for all purposes.
Section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
~.a// .1
PASSED AND APPROVED, this 25th day of August, 2008.
CITY OF LA PORTE
~~~
By:
Alton E. Porter
ATTEST:
~tig~
City Secretary
APPROVED:
~-r~
Clark T. Askins,
City Attorney
2
F
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: AU2ust 25. 2008
Appropriation
Requested By: Ron Bottoms
Source of Funds:
Department: City Manaper's Office
Account Number:
Report:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits: Ordinances
Amount Requested:
Exhibits: Industrial District A2reement
Budgeted Item:
(YES)
NO
Exhibits:
SUMMARY & RECOMMENDATION
The City and Industry have agreed to renew the provisions of the Industrial District Agreement for a twelve year
period. The current agreements expired on December 31, 2007, the common date for the Battleground and Bayport
Industrial Districts.
This property was a split from Goodyear in late 2007 and the previously signed Industrial Agreement and was
approved in October 2007. A new company was formed from this split and requires a new Industrial District
Contract.
Staff recommends City Council authorize the execution of Industrial District Agreement with the following
industry:
· Ordinance No. 2007-IDA-I09
US Industrial REIT II
Action Required bv Council:
Consider approval of the ordinance 2007-IDA-109 authorizing the execution by the City of La Porte ofIndustrial
IS 'ct Agreement listed above.
fJ /J-, !;/O
Date
7/8
-
,,-
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: AUl!ust 25, 2008
Requested By: Michael Dolby, CPA~
Department: Finance
Appropriation
Source of Funds: N/A
Account Number: N/A
Report:
Resolution:
Ordinance:
Amount Budgeted: Nt A
Exhibits: Notice of Public Hearing
Amount Requested: N/~
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
In accordance with Article IV, Section 4.03 of the City's Charter, Council shall determine the
place and time of the Public Hearing on the budget, and shall cause to be published a notice of
the place and time, not less than seven (7) days after date of publication, at which council will
hold a Public Hearing on the proposed budget.
On July 14th, Council approved that a Public Hearing for the Fiscal Year 2008-2009 Proposed
Budget be held on Monday, August 25,2008, at the regularly scheduled Council meeting, which
begins at 6:00 p.m.
Action Required bv Council:
Conduct the Public Hearing on the City's FY 2008-2009 Proposed Budget.
D~U!~
THE STATE OF TEXAS)
COUNTY OF HARRIS)
CITY OF LA PORTE)
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of La Porte
will hold a Public Hearing on the 25th day of August 2008, in the Council
Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas,
beginning at 6:00 P.M. The purpose of this hearing is to provide citizens the
opportunity to comment on the overall budget.
This budget will raise more total property taxes than
last year's budget by $846,887, or 6.8%. It is not known at
this time the amount of tax revenue to be raised from new
property added to the tax roll this year because the certified
tax rolls are not yet available.
The City of La Porte, must, by Charter requirement, adopt its fiscal
budget by September 30, 2007. Within thirty days thereafter, copies of the
adopted budget will be available for public inspection and copying at the
office of the City Secretary, City Hall, 604 West Fairmont Parkway, La
Porte, Texas, and the La Porte Community Library, 600 South Broadway, La
Porte, Texas, during normal business hours.
CITY OF LA PORTE
Martha A. Gillett, TRMC, CMC
City Secretary
CLASSIFIEDS
281-471-1234
Word Ads. 20 words or less:
Wed. Only. $7.50 · Sun. Only. $6.20
Wed. & Sun. . $13.70
.10~ for each additional word
Classifieds deadline:
Wednesday paper -10 a.m. Tuesday
Sunday paper - 10 a.m. Friday.
PUBLIC NOTICES
LA PORTE INDE-
PENDENT SCHOOL DIS-
TRICT is accepting
sealed proposals for an-
nual state-required no
load safety inspections for
five (5) elevators. CSP
0808-001 is due August
18, 2008 at 2:00 PM. No
late or faxed proposals
will be considered. Send
all proposals by the dead-
line to La Porte ISO, Pur-
chasing Department,
1002 San Jacinto Street,
La Porte, Texas, n571.
Please mark the proposal
number on the envelope.
Proposal packets can be
obtained by calling Pur-
chasing at 281-604-7061.
For all other questions,
call Teresa Burnell at
281-504-7164.
LA PORTE. INDE-
PENDENT SCHOOL DIS-
TRICT is accepting
sealed proposals for pest
and term~e control in-
spections. CSP
0808-002 is due August
18, 2008 at 2:00 PM. No
late or faxed proposals
will be considered. Send
all proposals by the dead.
line to La Porte ISO, Pur-
chasing Department.
1002 San Jacinto Street,
La Porte, Texas, n571.
Please mark the proposal
number on the envelope.
Proposal packets can be
obtained by calling Pur-
chasing at 281-604-7061.
For all other questions,
call Teresa Bumell . at
281-604-7164.
Notice of Public Meeting
Texas Parks and Wildlife
seeks public input on the
proposed sale of the La
Porte Regional Office lo-
cated at 105 San Jacinto
Street in La Porte. Pro-
ceeds from the sate are to
be dedicated to the con-
struction of a new Region
4 State Parks headquar-
ters office. Texas Parks
!3.M WilAIik>._ i..~ui.~...n'~,.Jf'...
THE STATE OF TEXAS)
COUNTY OF HARRIS)
CITY OF LA PORTE)
NOTICE OF PUBLIC
HEARING
Notice is hereby given
that the City Council of.
the City of La Porte will
hold a Public Hearing on
the 25th day of August
2008, in the Council
Chambers of the City
Hall, 604 West Fairmont
Parkway, La Porte.
Texas, beginning at 6:00
P.M. The purpose of this
hearing is to provid!! c~i-
zens the opportl!nity to
comment on the overall
budget.
This budget will
raise more total
property taxes than
last year's budget by
$846,887.00, or 6.8%.
It Is not known at
this time what por-
tion of this amount
will J be raised from
new property added
to the tax roll this
year because the
certified tax rolls are
not vet ava~able
from the Harris
County Appraisal
District.
The City of La Porte,
must, by Charter require-
ment, adopt tts fiscal
budget by September 30,
2008. Within thirty days
thereafter, copies of the
adopted budget will be
available for public in-
spection and copying at
the office of the City Sec-
retary, City Hall, 604
West Fairmont Parkway,
La Porte, Texas, and the
La Porte Community li-
brary, 600 South Broad-
way, La Porte, Texas,
during normal business
hours.
SEALED BID 1# 08014-
BRASS AND
_.._-=:_~I.&e~..
or lack of clearness in
stating the prices in the
bid, the city reserves the
right to consider the most
advantag~us bid thereof
or to reject the bid.
SEALED BI~-
2008 CITY.WlDE SIDE-
WALK IN-FILL
PROJECT
CITY OF LA PORTE
NOTICE:rei BIDDERS
All sealed. bidssl1all be
submitted,. . including.. one
marked original and one
duplicate on the original
forms and clearly
marked with bid number
and .. description. Bids
will be received at 2963 N
23rd Street, La Porte,
TX, n571 Attn: Susan
Kelley, Purchasing Man-
ager until 2:00 P.M.
Monday. August 18.
~
The bids will be opened
and publicly read in the
Public Works upstairs
training room, 2963 N.
23rd Street, La Porte, TX
n571 , immediately after
the . closing hour for the
bids on said dSte. An ele-
vator is not, available.
Please contact purchas-
ing at 281-470-5126 if ac-
commodations are
needed.
No late bids will be
conslderecl.
Free Non- Comm~
- .
For Sale Ads ~
Items listed in Free Ads ni
limited to 20 words. Limite~
I
,
PLACE YOU
THE BAYSHO
Interested contractors
may obtain plans, specifi-
cations and necessary
bidding information at no
cost.
City of La Porte
Purchasing Division
2963 N 23rd Street
La Porte,TX n571
(281) 471.9650
A pre-bid meeting will be
held at City Hall within the
Council Chambers at
2:00 D.m. on Auoud 11
training room immediately
after the closing hour for
the bids on said date. An
elevator is not available.
Please contact purchas-
ing at 281-470-5126 if ac-
commodations are
needed.
No late bids will be
considered
SpecifICations and bid.
ding documents may be
viewed and/or secured for
Forty Dollars ($40.00) per
set, which sum will not be
refunded, from the office
of:
UA Engineering & Sur.
veying, Inc., 11821 East
Freeway Suite 400
Houston, Texas n029
Plans and/or Exhibits and
Specifications may be ex-
amined at the following
location:
City of La Porte, 2963 N.
23rd Street, La Porte,
Texas n571 (281)
471-9650
A pre-bid meeting will. be
!'Ield Monday. August 11 ,
2008 at 10:00 a.m. in the
Public Works Training
Room. 2963 N 23rd
. Street La Porte TX
n571. All prospectiVe
bidders. sUDoliers. etc.
are . encouraged to allend
this meeting.
All Bids shall be acc;om-
panied by a cashie~s or
certified check upon a na-
tional or state. bank in the
amount of five percent
(5%) of the total maxi-
mum bid price payable
without recourse to the
City of La Porte, La Porte,
Texas, or a bid bond in
the same amount from a
reliable surety company,
as a guarantee that bid-
der will 'enter into a. Con-
tract. The notice of award
of Contract shall be given
by the Owner within sixty
(60) days following the
~~~~. of bid?:. Checks
SEALED Blli
REHABtLrr~
LIFT STATIO!
CITY OF ~
NO:reCETOj
All sealed bill
submitted inch
marked orlgina
duplicate ont
forms andi.
marked with \
and descriptic,
will be recei~
Purchasing 01
N. 23rd Stree~
TX, n571 until
Monday. Aut
~.
The bids will l~.
and publicly r~
upstairs Pu~
training room {
after the closin
the bids on saiq
elevator is nd
Please contact
ing at 281-470J,
commodations i
needed.!
No late bids will ~
Copies of tl\
documents mal
tained at the 1
Claunch 8. I
upon a NQ
ABLE payment!
dollars . ($70.ooJ.
ment will' be
Claunch & Mil
bidding documej
be mailed, the!
postage and h!
will be added. I
Claunch & MI
4635 Soutft
Freeway, Sui
Houston, T~
Attn: ~~~~~etl'
PI.a .ns. can be ...
the Public
partlnent a
Dodge and
General
plan rooms.
A Non-Mandatoi
conference to 6
the Public Wd
ing, 2963 N. 2
La Porte, Texa)
14,2008, at 10:001
;
The City of 1
hereby notifies 1
that in regard
agreement entl
THE BAYSHORE SUN · SUNDAY, AUGUST 10,2008 · Page 9
TheB
ercial Merchandise
'n Wednesdays
lust be $100 or less and are
, to 1 ad per family per week.
Serving The Bayshore Area Since 1947
REPORT ERRORS PROMPTlY!
· Please check your ad the first day it appears.
· In the event of an error that materially affectS the meaning of an ad,
The Bayshore Sun assumes Iiabilitry to the extent of ONE make-good
insertion.
· No claim will be allowed for more thasn one incorrect insertion.
FREE AD IN
E SUN TODAY!
I #08023 -
;nON OF
~s NO. 38
I PORTE
~/DDERS
5 shall be
~ding one
I and one
he original
clearly
lid number
In. Bids
ed at the
lfice, 2963
I La Porte,
2:00 p.m.
gust 25.
be opened
lad in the
l: Works
immediately
9 hour for
I date. An
t available.
purchas-
5126 if ac-
are
I considered
Ie bidding
I be' ob-
offices of
~iIler, Inc.
N-REFUND-
of seventy
I. Pay-
made to
r, Inc. If
Its are to
1 a $8.00
lndling fee
Iler, Inc.
Iwest
Ie 1000
IS n027
lrson, P.E.
264
xamined at
Iorks Oe-
d F.W.
Associated
~ontractors
ry pre-bid
e held in
rks Build-
3rd Street,
5, August
A.M_
Wood Fences
& Decks
Free Estimates
ALM Interests
281-850-5489
Serving La Porte, Deer
Park & the Pasadena Areas
No Job Too Big
or Too Small
Honey Do's
Repair
We install, fix, hang,
adjust, replace, repair,
take off and put on.
Whatever, we do it.
Carpentry, lighting,
electrical, plumbing
and painting.
Specializing in
small jobs.
832-276-6546
DRYWALL PAINTING-
One day service. Will fix
any holes, cracks, etc.
Cheaper than you think.
Always Guaranteed.
Dwayne, 281-470-8267
anytime.
HOME REPAIRS and
Remodeling. Call Tom
281-542-1996. Ref.
available.
EMPLOYMENT
109 Help Needed
Snack Bar
Help Wanted
Hiring part-time
care-givers
for 2pm - 6:30pm shift
Apply at
Funcare Children's
Center
10235 Fairmont Pkwy
La Porte
281-471-0050
Talk to Lacy
Customer Service!
Admin AssistJ
Marketing!
Telemarketing
Vesco seeks versatile,
motivated person who wants
to grow with our finn.
Fax resume to
281-867-0313
or email to
dlangevescolp.com
Experienced Sheet
Metal Building
Erector Needed
For Local Contractor.
ust Have Own Tools.
Transportation & Pass
- Drug Drug Screen.
Call
281-471-2593
CNAs
ANAHUAC HEALTHCARE
CENTER now hiring CNAS!
Must be State certified.
Competitive rates & benefits
available for full time
employees! EOE. For
information, call our
Administrator or our DON at
(409) 267-3164
or apply in person
Mon-Fri, 9am -4pm
ANAHUAC
Healthcare Center
~nn !-In..nit,,' Drive
LVNs
$100'0
sign-on
bonus
ANAHUAC HEALTH-
CARE CENTER now
hiring LVNS! Com-
petitive rates & benefits
available for full time
employees! EOE. For
information, call our
Administrator or our
DON at (409) 267-31
or apply in person
Mon-Fri, 9am -4pm
ANAHUAC
Healthcare Center
300 Hospital Drive
Anahuac
CO2 Blasters needed for
full time work. Must be at
. least 21 or. Older. Drug
Screen, Background
Check, Industrial Plant
Experience, Current . Driv-
er's UcenSe with a Clean
Driving Record, CDL A
Plus. Apply in person at
1110 Sens Rd., LaPorte,
Tx n571 from 8:30:-3:30.
Ph: 281 471-0362
POSTAL JOBS
$17.89-$28.27/hr, now
hiring. For application
& free govemment job
info, call American
Asso. of Labor
1-913-599-8226,
24 hrs. emp. servo
FOR SALE
115 Furniture
For Sale
King Size Bed wi
Mattress, Computerl
Student Desk, 5 Shelf
RK\L ESTi\TE
\t\\TED TO BUY
RE\T/LEASE
I
1'1
j,
\\1
ill
:l\
J
308 Apartments
Town Apartments
Furnished Efficiencies
and one bedrooms.
Some utilities paid
NO PETS
Jnquiret
121 SouthI~Apt.4
or 210 South Iowa
La Porte
FOR RENT
1 Bedroom
Garage Apt.
Single Only
281-455-0351
or 281-471-1169
Ask for Larry
310 Houses
3121 Storage Building.
Custom home with, curb
appeal. Available . now.
5618 Stone Creek, La-
porte. Large rooms. Pets
OK. $1,000.00/month and
deposn. 832-452-3433
leave message.
For Rent 11806 E. Field-
crest 3-1 1/2 -1 Lomax
are. Nice, clean, Big
Yard. '281,867-4401 Eve-
nings $1 GOO/month +
$1000 deposn
311 Townhomes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: AU2ust 25, 2008
Requested By: Michael Dolby, CP~
Department: Finance
Report:
Resolution:
Ordinance:
xx
Exhibits: Copy of Public Hearing Notice
Exhibits:
Exhibits:
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The City Council held budget workshops on August 11 through August 12,2008 to discuss proposed budgets for the
fiscal year beginning October 1, 2008 and ending September 30, 2009.
The Summary of Funds, which is shown below, represents the result of the workshops held with City Council. All
changes made by Council were incorporated into the various budgets.
Revised 2008
$ 32,366,110
674,311
1,647,981
302,842
677,507
2,292,012
o
7,716,952
299,654
19,985
1,464,032
1,313,415
1,740,547
4,495,923
1,395,920
6,439,708
1,026,172
535,630
600,767
134,413
10,386
o
407,383
235,697
17,917
1,234,321
6,593,462
649,650
3,477,278
479,105
758,532
$ 79,007,612
General Fund
Grant Fund
Street Maintenance Sales Tax Fund
Community Investment
Hotel/Motel Occupancy Tax
La Porte Development Corporation
Tax Increment Reinvestment Zone
Utility
Sylvan Beach
Airport
La Porte Area Water Authority
Golf Course
Motor Pool
Insurance Fund
Technology Fund
General Capital Improvement
Utility Capital Improvement
Sewer Rehabilitation Capital Improvement
1998 General Obligation Bond Fund
2000 General Obligation Bond Fund
2002 General Obligation Bond Fund
2004 Certificates of Obligation Bond Fund
2005 Certificates of Obligation Bond Fund
2005 General Obligation Bond Fund
2006 Certificates of Obligation Bond Fund
2006 General Obligation Bond Fund
2007 Certificates of Obligation Bond Fund
Transportation & Other Infrastructure Fund
General Debt Service
Utility Debt Service
La Porte Area Water Authority Debt Service
Total of All Funds
Proposed 2009
$ 36,382,175
1,923,528
700,000
386,575
463,749
4,339,685
o
8,689,854
217,690
23,483
1,005,288
1,324,826
2,640,159
4,575,547
1,255,818
11,177,355
o
350,000
590,195
149,109
1,990
861,883
341,678
73,824
2,212,267
18,021
1,640,317
o
3,345,768
463,850
750,069
$85,904,703
There is no change in the Tax Rate, which has remained constant for the last twenty years.
Action Reauired bv Council:
Conduct Public Hearing
Adopt Ordinance approving Fiscal Year 2008-09 Proposed Budget.
_~l J4jlfO
Date
ORDINANCE NO. 08- 3 f 0 I
AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS,
FOR THE PERIOD OF OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009; FINDING THAT ALL
THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT
OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that
an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the
beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said
Budget; and
WHEREAS, the Budget for the fiscal year October 1, 2008, through September 30, 2009, has heretofore
been presented to the City Council and due deliberation had thereon, was filed in the office of the City
Secretary on July 25, 2008, and a public hearing scheduled for August 25, 2008 was duly advertised and
held.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for
consideration, a complete copy of which is on file with the City Secretary and incorporated hereto by
reference, is hereby adopted as the Budget for the said City of La Porte, Texas, for the period of October 1,
2008, through September 30,2009.
SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and
necessary to the adoption of said Budget have been performed as required by charter or statute.
SECTION 3: The City Council officiaHy finds, determines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has
been open to the public as required by law at all times during which this Ordinance and the subject matter
thereof has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
SECTION 4: This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this the 25th day of August, 2008.
Cl\Y OF LA P~, TEXAS
G,~~c \~
Alton Porter, Mayor
ATTEST:
UOJJtd~L AIJAI
Martha Gillett, City Secretary
A:?l:
~ T 11--~
Clark T. Askins, Assistant City Attorney
CLASSIFIEDS
281-471-1234
Word Ads. 20 words or less:
Wed. Only. $7.50 · Sun. Only. $6.20
Wed. & Sun. . $13.70
.1 O~ for each additional word
Free Non- Comml
For Sale Ads ~
Items listed in Free Ads m
\
,
limited to 20 words~Limite~
Classifieds deadline:
Wednesday paper -10 a.m. Tuesday
Sunday paper - 10 a.m. Friday.
PLACE YOU
THE BAYSHO
PUBLIC NOTICES
LA PORTE INDE-
PENDENT SCHOOL DiS-
TRICT is accepting
sealed proposals for an-
nual state-required no
load salety inspections lor
five (5) elevators. CSP
0808.{)01 is due August
18, 2008 at 2:00 PM. No
Jate or faxed proposals
will be considered. Send
all proposals by the dead-
line to. La Porte ISO, Pur-
chasing Department,
1002 San Jacinto Street,
La Porte, Texas, n571.
Please mark the proposal
number on the envelope.
Proposal packets can be
obtained by calling Pur-
chasing at 281-604.7061.
For all other questions,
call Teresa Burnett at
281-604-7164.
LA PORTE INDE-
PENDENT SCHOOL DIS-
TRICT is accepting
sealed proposals for pest
and term~e control in-
spections. CSP
0808.{)02 is due August
18, 2008 at 2:00 PM. No
late or faxed proposals
will be considered. Send
all proposals by the dead-
line to La Porte ISO, Pur.
chasing Department,
1002 San Jacinto Street,
La Porte, Texas, n571.
Please mark the proposal
number on the envelope.
Proposal packets can be
obtained by calling Pur-
chasing at 281-604-7061.
For all other questions,
call Teresa Burnell .at
281-604-7164.
Notice 01 Public Meeting
Texas Parks and Wilcllile
seeks public input on the
proposed sale of the La
Porte Regional OIIice lo-
cated at 105 San Jacinto
Street in La Porte. Pro-
ceeds from the sale are to
be dedicated to the con-
struction 01 a new Region
4 State Parks headquar-
ters office. Texas PArk.'
THE STATE OF TEXAS)
COUNTY OF HARRIS)
cm OF LA PORTE)
NOTICE OF PUBLIC
HEARING
or lack of clearness in
stating the prices in the
bid, the city reserves the
right to consider the most
advantag~us bid thereof
or to reject the bid;
Notice is hereby given
that the C~ Council of.
the C~ of La Porte will
hold a Public Hearing On
the 25th day . of August
2008, in the Council
Chambers of the City
Hall, 604 West Fairmont
Parkway, La . Porte,
Texas, beginning. at 6:00
P.M. The purpose .ofthis
hearing Is to provide citi-
zens the opportunity .... to
comment on the overall
budget.
This budget will
raise more total
property taxes than
last. year's bUdget by
$846,887.00, or 6.8%.
It is not known at
this time what por-
tion of this amount
will J be raised from
new property added
to the tax roll this
year because the
certified tax rolls are
not yet ava~ab/e
from. the Harris
County Appraisal
District. .
SEALED 810#08021-
2008 CITY-WIDE SIDE-
WALK IN-RLL .
PROJECT
,." ....-'-... ;
CITY o~ LA PORTE
NonCETP8IDDERS
'.-' ~ "".:':>
All sealed bids I ~hall be
subl1)illed,;, . inclucJi~g ,.... one
marked original... and one
duplicate on the origInal
tonns . and clearly
marked with bId number
and 'description. Bids
will be received at 2963 N
23rd Street, La Porte,
TX, nS71 ,. Atln: Susan
Kelley, Purchasing Man-
ager until 2:00 P.M.
Monday. August 18.
~
The bids will be opened
and publicly. read. ,ill the
Public Works upstairs
training room, 2963 N.
23rd Streel,La Porte, TX
77571, immediately .. after
the 'closing hol,ll' ior the
bids on . said dale. An ele-
vator. Is not.', available.
Please contact' . purchas-
ing at 281-470-5126 if ac-
commodations are
needed.
The C~ of La Porte,
must, by Charter require-
ment, adopt ~s fiscal
budget by September 30,
2008. Within thirty days
thereafter, copies of the
adopted budget will be
available lor public in-
spection and copying at
the office of the C~ Sec-
retary, C~ Hall, 604
West Fairmont Parkway,
La Porte, Texas, and the
La Porte Community U-
brary, 600 South Broad-
way, La Porte, Texas,
during normal business
hours.
No late bids will be
conslderecl.
Interested contractors
may obtain plans, specifi-
cations and necessary
bidding information at no
cosl.
City of La Porte
Purchasing Division
2963 N 23rd Street
La Porte,.TX n511
(281) 471-9650
A pre-bid meeting will be
held at C~ Hall within the
COllnr.iI ~h:::lmnDrt'O ...,.
SEALED BID # 08014-
1
SEALED BID
REHABILIT~
LIFT STATloi
I
CITY OF LA
\
NOnCE TO I
All sealed big
submilled inc~
marked orlgina
duplicate on j
fonns and..
marked with !
and descriptlq
will be recei~
Purchasing OJ
N. 23rd Stree~
TX, n511 untd
Mondav. Aul
2DQI. i
The bids will j~.
and. publicly rt
upstairs Pubi
training room i
after the cl05in
the bids on saiq
elevator is nd
Please conta_ci
Plans and/or Exhibits and ing at 281-47Cl-j
Specifications may be ex- comm.odati. .'ons I.'
amined at the following needed.
location: . No lale bids will ~
City of. La Porte, 2963 N., Copies of t~
23rd Street, La Porte, documents may
Texas 7J571 (281). lainedat' the I
471-9650 Claunch & I
upon a NQ
ABLE .P1enll
dollars .. $70.00}
ment wil'bei
Claunch &. Mille
bidding doCumej
bemailed.thE.l!
~~dd~~. 1
Claunch&: MI
4635 SOutft
Freeway, Sui
Houston, Tex,
Attn: John Pet;
. 71 :Hi22-9
Plans can be I
~:rtm!n~b"C aJ
Dodge and
General
plan rooms. .
~on,::~~a~~at q
the. Public ..w~
lng, 2963 N.
La Porte; Tex
14,2008, at 10:00)
The C~ of 1
hereby notifies )
that in reoarrl!
training room immediately
after the closing hour lor
the bids on said date. An
elevator is not available.
Please contact purchas-
ing at 281-470-S126 if ac-
commodations are
needed.
No late bIds will be
considered
Speci1icalions and bid-
ding documents may be
viewed and/or secured for
Forty Dollars ($40.00) per
set, which sum will not be
~ from the office
of:
UA Engineering &: Sur-
veying, Inc., 11821 East
Freeway Suite 40Q
Houston, Texas n029
A pre-bid meeting will. be
I'leld Monday.. August 11.
2008 . at 10:00 a m in the
Public Works Trainino
Room 2963 . . N 23rd
. Street.. La Porte. TX
nS71. All prosoectiite
bidders. suppliers. etc.
are . encouraged to attend.
this meeting.
All Bids shall be accom-
panied . by a cashier's' or
certified check upon a na-
tional or state. bank in the
amount of five percent
(5%) of the total maxi-
mum bid price payable
without recourse to the
C~ of La Porte, La Porte,
Texas, or a bid bond in
the. same amount from a
reliable surety company,
as a guarantee ihat bid-
der will . enter into a Con-
tract. The notice of award
of Contract shall be given
by the Owner within sixty
(60) days following the
THE BAYSHORE SUN · SUNDAY, AUGUST 10,20080 Page 9
TheB
9rcial Merchandise
'n Wednesdays
lust be $100 or less and are
, to 1 ad per family per week.
Serving The Bayshore Area Since 1947
REPORT ERRORS PROMPTLY!
· Please check your ad the first day it appears.
· In the event of an error that materially affectS the meaning of an ,ad,
The Bayshore Sun assumes JiabiJitJy tQ the extent of ONE make-good
insertion.
. .
· No claim will be allowed for more thasn one incorrect insertion.
FREE AD IN
E SUN TODAY!
, #08023 -
iIl0NOF
~s NO. 38
1 PORTE
lIDDERS
s shall be
~ding one
I and one
he original
clearly
lid number
In. Bids
ed at the
/lice, 2963
, La Porte,
2:00 p.m.
9ust 25.
be opened
lad in the
l: Works
immediately
9 hour for
I date. An
I available.
purchas-
5126 if ac-
are
! considered
Ie bidding
I be. ob-
offices of
~iIIer, Inc.
N-REFUND-
of seventy
I. Pay-
made to
r, Inc. If
Its are to
1 a $8.00
lndling fee
lIer,lnc.
Iwest
Ie 1000
ISn027
!rson, P.E.
264
xamined at
Iorks De-
II F.W.
Associated
~ontractors
ry pre-bid
e held in
rks Build-
3rd Street,
~ 4unuctt
Wood Fences
& Decks
Free Estimates
ALM Interests
281-850-5489
Serving La Porte, Deer
Park &; the Pasadena Areas
No Job Too Big
or Too Small
Honey Do's
Repair
We install, fix, hang,
adjust, replace, repair,
take off and put on.
Whatever, we do it.
Carpentry, lighting,
electrical, plumbing
and painting.
Specializing in
small jobs.
832-276-6546
DRYWALL PAINTING.
One day service. Will fix
any holes, cracks, etc.
Cheaper than you think.
Always Guaranteed.
Dwayne, 281-470-8267
anytime.
HOME REPAIRS and
Remodeling. Call Tom
281-542-1996. Ref.
available.
EMPLOYMENT
109 Help Needed
Snack Bar
Heln Wanted
Hiring part-time
care-givers
for 2pm - 6:30pm shift
Apply at
Funcare Children's
. Center
10235 Fairmont Pkwy
La Porte
281-471-0050
Talk to Lacy
Customer Service!
Admin Assist!
Marketing!
Telemarketing
Vesco seeks versatile,
motivated person who wants
to grow with our firm.
Fax resume to
281-867-0313
or email to
dlangevescolp.com
Experienced Sheet
Metal Building
Erector Needed
For Local Contractor.
ust Have Own Tools
Transportation & Pass
- Drug Drug Screen.
Call
281-471-2593
CNAs
ANAHUAC HEAL THCARE
CENTER now hiring CNAS!
Must be State certified.
Competitive rates & benefits
available for full time
employees! EOE. For
Information, call our
Administrator or our DON at
(409) 267-3164
or apply in person
Mon-Fri, 9am -4pm
ANAHUAC
I-Io~'fh,...~ra. ~a."tiPr,
LVNs
$100.0
sign-on
bonus
ANAHUAC HEALTH-
CARE CENTER now
hiring LVNSI Com-
petitive rates & benefits
available for full time
employees I EOE. For
information, call our
Administrator or our
DON at (409) 267-31
or apply in person
Mon-Fri, 9am -4pm
ANAHUAC
Healthcare Center
300 Hospital Drive
. Anahuac
C02 Blasters needed for
full time work. Must be at
. least 21 or. Older. Drug
Screen, Background
Check, Industrial Plant
Experience, Current . Driv-
er's . Ucernie with a Clean
Driving Record, CDL A
Plus. . Apply' in perSon at
1110 Sens Rd., LaPorte,
Tx nS71 from 8:3.~:30.
Ph:281471-0362
POSTAL JOBS
$17.B9-$2B.27/hr, now
hiring. For application
& free government job
info, call American
Asso. of Labor
1-913-599-8226,
24 hrs. emp. servo
FOR SALE
115 Furniture
For Sal~
King SiZe Bed w!
Mattress, Computer!
"'....~....I~-.. r\:........f.. .c C''h"""T
. ,i,
i
'I"
....\..
.f.:
.1
,
RK\L ESTATE
'U.\JTED TO BUY
RENT/LEASE
308' Apartments
Town Aparbnents
Furnished Efficiencies
and one bedrooms.
Some utilities paid
NO PETS
Inquire at:
121 Soutfr I~ Apt 4
or 210 South Iowa
La Porte', .
FOR RENT
1 Bedroom
Garage Apt.
Single Only
281-455-0351
or 281-471-1169
AskforLarry
310 Houses
I,
I
3/21 Sto~ge Building.
Custom home with. curb
appeal. Available. ' now.
5618 Stone Creek, La-
porte. Large rooms. Pets
OK. $1,OOO.00/month and
deposit. 832-452-3433
leave message.
'. For Rent 11806 E. Field-
crest 3-1 1/2 -1 Lomax
are, Nice, clean, Big
. Yard. .281-867-4401 Eve.
nings $lOoo/month +
$1000 deposit
311 Townhomes
~ etJ
~ .s rfJ
= ~ ~
~ ~~
~ ~ fr'
~=~
e..- ~ rIl
,... . ,... ~
.." v A ~
~~~
..... ~
U
......
~
~
l/
C
C
(
---------
Budget Highlights for Fiscal Year 2009
No increase in property tax rate
Fund employee pay plan (merit - 4% funding pool)
No increase in employee health care
Overall employee workforce reduced by one
Capital projects of $20+ million
Vehicle replacement of $1.5 million
General & Utility Fund excess reserve balances reallocated for CIP
Reduced Liability Fund reserve balance to offset City's health contribution
Set aside $1.6 million bond issue for debt retirement
8/26/2008 5 :07 PM
2
Expenditure Assumptions
Merit - 4% funding pool
Health Insurance - City contribution 16% decrease ($7793 to $6537)
TMRS rate - 14.71 % (increased from 13.75% or $127,095)
Gas - 42% Increase over FY2008 budget
Computer Maintenance Fees - 20% decrease (drawing down balance)
Computer Lease Fees ~ 8% decrease due to fully funded AS400 leases
Vehicle Lease Fees - 12.6% decrease - (drawing down balance)
8/26/2008 5 :07 PM
3
8/26/2008 5 :07 PM
Cap ital
Improvement
Funds
20%
Expenditures - All Funds
Debt Service
Funds
5%
General Fund
430/0
Internal Service
Funds
10%
Fnterprise Funds
130/0
Other
Governmental
Funds
9%
4
Consolidated Summary of All Funds
(In millions)
Working Working
Capital FY 08-09 FY 08-09 Capital
09/30/08 Revenues Expenses 09/30/09
Ge ne ral Fund 13.39 33.72 36.38 10.73
Special Revenue 6.14 5.21 7.81 3.54
Enterprise 4.33 11.06 11.26 4.13
Internal Service 6.65 6.99 8.47 5.17
Capital Improvement 7.86 11.22 17.42 1.66
De bt Se rvice 2.52 4.13 4.56 2.10
Total All Funds 40.89 72.34 85.90 27.33
8/26/2008 5 :07 PM
5
Revenues - All Funds
(In millions) Actual Budget Revised Projected
Description 2006-07 2007-08 2007-08 2008-09
General Property Taxes 12.99 12.83 13.43 13.70
Franchise Fees 2.06 1.99 2.02 2.04
Sales Taxes 5.23 5.04 5.40 5.40
Industrial Payments 8.19 7.69 7.86 10.11
Other Taxes 0.51 0.48 0.51 0.58
License & Permits 0.92 0.67 0.58 0.63
Fines & Forfeits 1.24 1.06 1.54 1.86
Charges for Services 7.39 7.69 8.55 7.93
Parks & Recreation 0.22 0.24 0.24 0.24
Recreation & Fitness Center 0.23 0.28 0.22 0.23
Employee Health Service 3.54 3.99 3.92 3.28
Water Revenue 4.78 5.61 5.82 5.99
Wastewater Revenue 2.76 3.44 3.50 3.63
Intergovernmental 0.72 0.75 0.52 1.30
Miscellaneous 0.22 0.04 0.05 0.04
Operating Transfers 6.54 4.53 8.48 13.54
Other Financing Sources 8.20 0.85 0.85 0.84
Interest 2.73 2.00 1.84 0.98
Grand Total All Revenue 68.47 59.17 65.34 72.31
8/26/2008 5 :07 PM 6
Employee Positions - Citywide
Personnel Growth
500
450
400
350
300
250
200
150
100
50
0
o Part-time 76
. Full-time 376
FY 05-06
90
378
53
385
56
386
56
385
8/26/2008 5 :07 PM
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General Fund Revenue Sources
Where the Money Comes From
II Fund Balance Usage
$2,657,729
II Total Revenues
$33,724,383
8/26/2008 5 :07 PM
II General Property Taxes (35%)
o Franchise Taxes (6%)
10 Sales Tax (9%)
I
i II Industrial Payments (29%)
II Other Taxes (<1 %)
, II License & Permits (2%)
i
III Fines & Forfeits (4%)
II Charges for Services (10%)
: II Parks & Recreation (1 %)
i 0 Rec & Fitness Center (I %)
II Miscellaneous (<1 %)
i II Operating Transfers (1 %)
l~ Interest Income (1 %)
9
General Fund Revenues
Revenues: Actual Budget Es timate d Projected Percent
(in millions) 2006-07 2007-08 2007 -08 2008-09 Change
General Property Taxes 11.1 11.1 11.6 11.8 6.66%
Franchise Taxes 2.0 1.9 2.0 2.0 2.37%
Sales Taxes 3.0 2.9 3.1 3.1 7.02%
Industrial Payments 8.0 7.5 7.7 9.9 31. 47%
Other Taxes 0.1 0.1 0.1 0.1 19.57%
Licenses & Permits 0.9 0.7 0.6 0.6 -6.24%
Fines Forfeits 1.0 0.8 1.4 1.4 86.08%
Charges for Services 3.5 3.4 4.2 3.5 2.65%
Parks & Recreation 0.2 0.2 0.2 0.2 -1.14%
Recreation & Fitness 0.2 0.3 0.2 0.2 -18.35%
Intergovernmental 0.0 0.0 0.0 0.0 0.00010
Misce llaneous 0.1 0.0 0.0 0.0 -4.17%
Operating Transfers 0.4 0.4 0.4 0.5 7.31%
Interest 0.9 0.8 0.7 0.5 -41.59%
Total Revenues 31.4 30.0 I 32.1 33.7 12.37%
$ 2.1
8/26/2008 5 :07 PM 10
General Fund Revenues
In Lieu of Taxes & Ad Valorem Taxes
12,000,000
] 1,000,000
] 0,000,000
9,000,000
8,000,000
7,000,000
6,000,000
5,000,000 --- --
4,000,000
3,000,000
2,000,000
] ,000,000
8/26/2008 5 :07 PM
In Lieu of Taxes
Ad ValoremTaxes
. Actual
2005-06
. Actual
2006-07
o Budget
2007-08
o Revised
2007-08
. Projected
2008-09
11
8/26/2008 5 :07 PM
Property Tax Rate*
Last Ten Fiscal Years
0.80
0.70
0.60
0.50 /
0.40 - /
0.30
0.20
0.10-
2000
2001
2006
2002
2005
2003
2004
o General Fund 0 Debt Service
General Fund .611
Debt Service .099
2007
2008
2009
*Council has not raised in 20 years
12
What you get for your tax dollars
Average Home Value - $118,838*
City taxes paid by average household per year - $675.01
Per month - $56.25 to support these city services:
· 24 hour Police Protection
· 24 hour Emergency Medical Services
· 24 hour Fire Protection
· Animal Control services
· Maintenance of all public streets (211 miles of paved streets)
· Park facilities including softball fields (21 parks with a total of 191 acres)
· Recreational facilities & activities
· Building Inspections & permitting services
· Code Enforcement Services
8/26/2008 5 :07 PM
*Based on 2007 average home value with 20% homestead exemption.
*($0.71/$100 Valuation)
13
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General Fund Revenues
Sales Tax, Franchise Taxes, Residential Solidwaste and Interest
3,500,000
3,000,000
2,500,000 -
2,000,000-
1,500,000 -
1,000,000
500,000
8/26/2008 5 :07 PM
Sales Taxes
I!IlI Actual
2005-06
Franchise Fees
Residential Solid
Waste
~ Revised
2007-08
Interest Income
II Actual
2006-07
o Budget
2007-08
II Projected
2008-09
]5
Sales Tax Trends
6,000,000
5,000,000
4,000,000 /' /
3,000,000
2,000,000
1,000,000 .
o
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. Section4B
. Street Maintenance
8/26/2008 5 :07 PM
16
1,400,000
1,200,000
1,000,000
800,000
600,000
400,000
200,000
. Revenues 395,883
2000
8/26/2008 5 :07 PM
Municipal Court
Revenue Growth
593,490
2006
668,319 856,691
953,880 1~~6,640 1,392,605
2007
2008*
2009**
*Estimated
**Projected
17
General Fund
Emergency Services
Police
Administration
Finance
Public Works
Parks & Recreation
Planning & Engineering
8/26/2008 5 :07 PM
18
Expenditures by Activity
NON-DEPARTMENTAL
25%
EMERGENCY SERVICES
11%
PLANNING
5%
POLICE
26%
PUBLIC WORKS
13%
FINA NCE
3%
ADMINISTRA nON
7%
8/26/2008 5 :07 PM
19
General Fund Expenditures
Expenditures: Actual Budge t Estimated Projected Pe rce nt
(in millions) 2006-07 2007 -08 2007 -08 2008-09 Change
Emergency Services 3.6 4.0 3.9 4.1 2.51%
Police 8.2 9.2 8.8 9.1 -1.55%
Administration 2.4 2.7 2.6 2.7 -0.77%
Finance 1.2 1.3 1.2 1.2 -7.69%
Non-Departmental 4.2 2.8 6.1 8.8 213.95%
Public Works 4.4 4.8 4.7 4.9 1.75%
Parks 3.1 3.5 3.3 3.7 7.20%
Planning 1.6 1.9 1.8 1.9 -2.14%
Total Expenditures 28.6 30.3 32.4 36.4 20.21 %
$2.1
8/26/2008 5 :07 PM
20
Utility Fund
Water Production
Water Distribution
Wastewater Collection
Wastewater Treatment
1-Jtilit)1 l3illin~
Non-Departmental
8/26/2008 5 :07 PM
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9,000,000
8,000,000
7,000,000
6,000,000
5,000,000
4,000,000
3,000,000
2,000,000
1,000,000
8/26/2008 5 :07 PM
Utility Fund Comparison
Revenues vs. Expenses
Actual
2005-06
Actual
2006-07
Budget
2007-08
Revised
2007-08
Projected
2008-09
D Revenues
. Expenses
23
8/26/2008 5 :07 PM
Water & Sewer Sales Trends
3.90
3.32
4.10
3.49
4.50
4.00
3.50
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Actual
2006-07
. Water Sales 3.13 3.86
. Wastewater Sales 2.64 3.31
24
Utility Fund
Revenues & Expenses
Revenues: Actual Budget Es timate d Pro je cte d Percent
(in millions) 2006-07 2007-08 2007-08 2008-09 Change
Water Revenue 3.69 4.41 4.65 4.80 8.85%
Sewer Revenue 2.67 3.36 3.36 3.53 5.16%
Interest 0.09 0.08 0.05 0.03 -68.96%
Other Revenue 0.00 0.01 0.01 0.01 0.00%
Total Revenue 6.51 7.91 8.12 8.37 5.82%
Expenses:
Water Production 0.5 0.5 0.5 0.5 -3.95%
Water Distnbution 0.7 0.8 0.7 0.8 5.05%
Wastewater Collection 0.8 0.9 0.9 0.9 5.52%
Wastewater Treatment 0.9 1.0 0.9 1.0 -5.01%
Utility Billing 0.6 0.6 0.6 0.6 -1. 07%
Non Departmental 3.2 4.2 4.1 4.8 14.21%
Total Expenses 6.8 8.1 7.7 8.7 7.4<)0;10
(In millions)
8/26/2008 5 :07 PM 25
Other Enterprise Funds
Sylvan Beach Fund
Airport Fund
La Porte Area Water Authority
Golf Course Fund
8/26/2008 5 :07 PM
26
300,000-
250,000
200,000
150,000 - /
100,000 ..
50,000
8/26/2008 5 :07 PM
Sylvan Beach Fund Comparison
Revenues vs. Expenses
Actual
2004-05
Actual
2005-06
Actual
2006-07
Estimated
2007 -08
Projected
2008-09
III Revenues
o Expenses
27
Sylvan Beach Fund
Revenues & Expenses
Revenues: Actual Budget Estimated Projected Pe rce nt
(in thousands) 2006-07 2007 -08 2007 -08 2008-09 Change
Charges for Services 189.3 173.4 176.7 178.2 2.78%
Other Financing Sources 28.5 68.9 68.9 25.0 -63.72%
Interest 12.8 11.9 8.8 4.4 -63.02%
Total Revenue 230.6 254.2 254.4 207.6 -18.33%
Expenses:
Sylvan Beach Pavilion 206.8 238.1 218.8 217.7 -8.56%
Total Expenses 206.8 238.1 218.8 217.7 -8.56%
Net Revenues over Expenses 23.8 16.1 35.6 (10.1)
8/26/2008 5 :07 PM
28
60,000
50,000
40,000
30,000
20,000
]0,000
8/26/2008 5 :07 PM
Airport Fund Comparison
Revenues vs. Expenses
Actua]
2004-05
Actual
2005-06
Actual
2006-07
Estimated
2007-08
Projected
2008-09
C Revenues
o Expenses
29
Airport Fund
Revenues & Expenses
Revenues: Actual Budget Es timated Pro je cte d Percent
(in thousands) 2006-07 2007 -08 2007 -08 2008-09 Change
Charges for Services 42.4 39.8 49.2 49.5 24.38%
Interest 14.2 16.1 7.0 3.5 -78.36%
Total Revenue 56.6 55.9 56.1 53.0 -5.21%
Expenses:
Airport Operating 16.0 23.4 20.0 23.5 0.37%
Total Expenses 16.0 23.4 20.0 23.5 0.37%
Net Revenues over Expenses 40.6 32.5 36.2 29.5
8/26/2008 5 :07 PM
30
La Porte Area Water Authority Comparison
Revenues vs. Expenses
1,400,000
1,200,000
1,000,000
800,000
600,000
//
/
/
400,000 . /
200,000
Actual
2004-05
8/26/2008 5 :07 PM
Actual
2005-06
IJ Revenues
Actual
2006-07
Projected
2008-09
Estimated
2007-08
o Expenses
31
La Porte Area Water Authority Fund
Revenues & Expenses
Revenues: Actual Budge t Es timate d Projected Pe rce nt
(in thousands) 2006-07 2007 -08 2007 -08 2008-09 Change
Charges for Services 1,035.1 1,125.2 1,089.0 1,094.6 -2.72%
Other Financing Sources 86.3 86.6 86.6 86.6
Interest 110.4 84.0 62.6 45.0 -46.45%
Total Revenue 1,231.7 1,295.8 1,238.3 1,226.2 -5.37%
Expenses:
La Porte Area Water Authority 781.4 1,567.8 1,314.0 1,005.3 -35.88%
Total Expenses 781.4 1,567.8 1,314.0 1,005.3 -35.88%
Net Revenues over Expenses 450.3 (271.9) (75.8) 220.9
8/26/2008 5 :07 PM
32
1,600,000
1,400,000
1,200,000
1,000,000
800,000
600,000
400,000
200,000
8/26/2008 5 :07 PM
Golf Course Fund Comparison
Revenues vs. Expenses
Actual
2004-05
Actual
2005-06
Actual
2006-07
Estimated
2007-08
Projected
2008-09
C Revenues
o Expenses
33
1,200,000
1,000,000
800,000
600,000
400,000
200,000
8/26/2008 5 :07 PM
Golf Course Revenues
Actual
2006-07
Budget
2007 -08
Revised
2007 -08
Projected
2008-09
. Green Fees
. Cart Rental
o Other Charges for Services
34
Golf Course Fund
Revenues & Expenses
Revenues: Actual Budget Es timate d Projected Pe rce nt
(in thousands) 2006-07 2007 -08 2007 -08 2008-09 Change
Charges for Services 909.4 1,069.9 1,079.6 1,139.7 6.52%
Other Financing Sources 510.3 65.6 65.6 60.0 -8.52%
Interest 0.94 5.94 2.97 0.00%
Total Revenue 1,420.6 1,135.5 1,151.1 1,202.7 5.92%
Expenses:
Golf Course Club House 431.7 463.4 459.1 467.9 0.98%
Golf Course Maintenance 761.7 854.9 854.3 856.9 0.24%
Total Expenses 1,193.3 1,318.2 1,313.4 1,324.8 0.50%
Net Revenues over Expenses 227.3 (182.7) (162.3) (122.1)
8/26/2008 5 :07 PM
35
Golf Course (cont'd)
Estimated 2007-08 Year to Date
Revenues $ 1,151,095 $ 1,004,180
Expenses 1,313,415 1,043,092
Revenues over Expenses $ (162,320) $ (38,912)
8/26/2008 5 :07 PM
36
Internal Service Funds
Motor Pool Fund
Maintenance
Replacement
Insurance Fund
Employee Health Services
Risk Division
Technology Fund
Maintenance
Replacement
8/26/2008 5 :07 PM
37
3,000,000
2,500,000
2,000,000
1,500,000
1,000,000
500,000
8/26/2008 5 :07 PM
Motor Pool Fund Comparison
Revenues vs. Expenses
Actual
2004-05
Actual
2005-06
Actual
2006-07
Es timated
2007-08
Projected
2008-09
II Revenues
o Expenses
38
5,000,000
4,500,000
4,000,000
3,500,000
3,000,000
2,500,000
2,000,000
1,500,000
1,000,000
500,000
8/26/2008 5 :07 PM
Insurance Fund Comparison
Revenues vs. Expenses
Actual
2004-05
Actual
2005-06
Actual
2006-07
Estimated
2007 -08
Projected
2008-09
Cl Revenues
E3 Expenses
39
1,400,000
1,200,000
1,000,000
800,000
600,000
400,000
200,000
8/26/2008 5 :07 PM
Technology Fund Comparison
Revenues vs. Expenses
Actual
2004-05
Actual
2005-06
Actual
2006-07
Estimated
2007 -08
Projected
2008-09
l1li Revenues
El Expenses
40
8/26/2008 5 :07 PM
Special Revenue Funds
Grant Fund
Street Maintenance Sales Tax Fund
Community Investment Fund
Hotel/Motel Occupancy Tax
Section 4B Economic Development Sales Tax
TIRZ Fund
41
2,000,000
1,800,000
1,600,000
1,400,000
1,200,000
1,000,000
/'
800,000-
,/
600,000
400,000
200,000
8/26/2008 5 :07 PM
Grant Fund Comparison
Revenues vs. Expenditures
/'
I
Actual
2004-05
Actual
2005-06
. Revenues
Actual
2006-07
Estimated
2007-08
Projected
2008-09
. Expenditures
42
Street Maintenance Sales Tax Fund Comparison
Revenues vs. Expenditures
1,800,000
1,600,000
1,400,000- /
/
1,200,000
/
1,000,000 /
//
800,000 /
600,000
400,000-
200,000
8/26/2008 5 :07 PM
Actual
2004-05
Actual
2005-06
. Revenues
Estimated
2007-08
Actual
2006-07
Projected
2008-09
. Expenditures
43
Community Investment Fund Comparison
Revenues vs. Expenditures
800,000
700,000
600,000
500,000
400,000
300,000
200,000
100,000
8/26/2008 5 :07 PM
Actual
2004-05
Actual
2005-06
Actual
2006-07
Estimated
2007-08
Projected
2008-09
. Revenues
. Expenditures
44
Hotel/Motel Occupancy Tax Fund Comparison
Revenues vs. Expenditures
/'
700,000
600,000-
///'
500,000
400,000
300,000-
200,000
100,000
Actual
2004-05
Actual
2005~06
Actual
2006-07
Estimated
2007~08
Projected
2008~09
. Revenues
. Expenditures
8/26/2008 5 :07 PM
45
Section 4B Economic Development Sales Tax Fund Comparison
Revenues vs. Expenditures
4,500,000 /"/'
4,000,000
3,500,000
3,000,000
2,500,000
2,000,000
1,500,000
1,000,000
500,000
8/26/2008 5 :07 PM
Actual
2004-05
Actual
2005-06
. Revenues
Actual
2006-07
Estimated
2007-08
Projected
2008-09
. Expenditures
46
4B Highlights
· Town Plaza
· Fa9ade Grants
· Gateway (Current Year)
. Sylvan Beach Renourishment Project (Current Year)
8/26/2008 5 :07 PM
47
TIRZ Fund
Fiscal Year 2008-09 Proposed Budget
Estimated Balance 9/30/08: $ 289,059
Revenues: 1,519,773
Expenditures: 1.,435.,775
Ending Balance 9/30/09: $ 373,057
8/26/2008 5 :07 PM
48
Debt Service Summary
(In millions)
Working Working
Capital FY 08-09 FY 08-09 Capital
09/30/08 Revenues Expenses 09/30/09
De bt Se rvice :
General 1.83 3.28 3.35 1.76
Utility 0.69 0.10 0.46 0.34
La Porte Area Water Authority 0.75 0.75
Total Debt Service 2.52 4.13 4.56 2.10
8/26/2008 5 :07 PM
49
Capital Improvement Projects List
Roof Replacement/Remodel Parks (Fund 015)
Northside Ball Field (Fund 015)
Replace Equipment at Pfeiffer Park (Fund 015)
Replace Equipment at Seabreeze Park (Fund 015)
Parks Joint Venture (Fund 015)
Sylvan Beach Pavilion Renovations (Fund 015)
Park Upgrade (Fund 015)
Bike Trail (Fund 015)
Tile/Carpet Replacement (Fund 015)
Sports ComplexlBall Fields (Fund 015 & Fund 048) - includes current year funding
Bay Area Blvd & Canada Rd Trail System Imp. (Fund 044)
Asphalt Overlay (Fund 015)
Public Works Facility Rehab (Fund 015)
Concrete Street Restoration (Fund 015)
Drainage (Fund 015)
City Wide Sidewalk Replacement (Fund 015)
8/26/2008 5 :07 PM
$ 176,500
65,000
35,000
35,000
20,000
40,000
225,000
1,800,000
45,000
4,137,271
850,000
1,000,000
200,000
30,000
1,000,000
50,000
50
Capital Improvement Projects List (cont'd)
City Wide Wheelchair Ramp/Infill Sidewalk (Fund 015)
Annual Sewer Rehabilitation (Fund 018)
Concrete Streets - Valley Brook & Collingswood (Fund 033)
F216 Watershed Design & Construction (Fund 040) - includes current year
funding
Lift Station Evaluation (Fund 045)
Fairmont Utility Relocation Project (Fund 045)
Valley Brook Water Line Replacement (Fund 045 & Fund 047)
Utility Line Oversizing (Fund 047)
Utility Equipment Replacement (Fund 047)
Sens Road Utility Line Relocation (Fund 047)
Update Water Master Plan (Fund 047)
In-house Waterline Replacement (Fund 047)
Widening of Fairmont Pkwy to 6 Lanes (Fund 005) - current year
Police Department DVR System (Fund 015)
Gun Range (Fund 032)
8/26/2008 5 :07 PM
$ 50,000
350,000
700,000
1,176,920
30,000
265,000
150,000
25,000
40,000
1,800,000
100,000
30,000
649,650
104,405
330,542
51
Capital Improvement Projects List (cont'd)
Municipal Court Building (Fund 0 15-current year)
Sylvan Beach Renourishment Project (Fund 0 15-current year)
Gateway Enhancements (Fund 0 15-current year)
Thermal Cameras (Fund 015)
SCBA Bottles (Fund 015)
Air Compressor (Fund 015)
Fire Training Facility (Fund 041) - includes current year funding
Planning Software for Building/Codes (Fund 015)
Whelen Tower (Fund 015)
EOC Cameras (Fund 015)
IT Server System (Fund 015)
Mainstreet Revitalization Program (Fund 015)
Sylvan Beach Exterior Repairs
Other Ongoing General CIP
Other Ongoing Utility CIP
Grand Total
$ 3,000,000
1,862,586
325,000
24,000
20,000
35,000
224,644
104,500
40,000
50,000
225,000
2,700,000
80,845
959,000
567,000
$ 25,727,863
8/26/2008 5 :07 PM
52
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10
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: August 25, 2008
Requested By: Michael Dolhy. c~
Department: Finance
Appropriation
Source of Funds: N/A
Account Number: N/A
Report:
Resolution:
Ordinance:
xx
Amount Budgeted: N/A
Exhibits: Ordinance #2837-F
Amount Requested: N/A
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
The Fiscal Year 2008-09 Budget was built around increasing various fees to enhance the City's Revenue Stream.
The proposed changes are summarized below and were documented and detailed in the information provided to
Council during Budget Workshops on August 11-12,2008.
Golf Course - Estimated additional revenue - $53,992
1. Cart Fees - Regular Rate
a. 18 holes, double - proposed $2 increase (from $24 to $26)
b. Nine holes, double - proposed $2 increase (from $14 to $16)
c. Nine holes, single -proposed $1 increase (from $10 to $11)
d. 18 holes, single - proposed $1 increase (from $15 to $16)
2. Cart Fees - Senior Rate
a. 18 holes, single or double - proposed $2 increase (from $18 to $20)
b. Nine holes, single or double - proposed $2 increase (from $12 to $14)
B/J-tl Jd
Date
ORDINANCE NO. ~ ZS37- F
AN ORDINANCE AMENDING DAPPENDIX A, FEES, D OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE, BY INCREASING USER FEES FOR GOLF CARTS,
CONTAINING A REPEALING CLAUSE, CONTAINING A SEVERABILITY CLAUSE,
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
Chapter 50 of Appendix A -- Fees, "Parks and
Recreation," Article II, "Golf Course", subparagraphs (a) and (b),
are hereby amended and shall hereafter read as follows, to-wit:
"(a) User fees for golf carts (regular rate)
(1) 18 holes, double................
26.00
(2) Nine holes, double..............
16.00
(3) Nine holes, single..............
11.00
(4) 18 holes, single................
16.00
(b) User fees for golf carts (senior rate)
(1) 18 holes, single or double. . . . . .
20.00
(2) Nine holes, single or double....
14.00"
Section 2. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict only.
Section 3. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this Ordinance
shall, for any reason, be held invalid, such invalidity shall not
affect the remaining portions of this Ordinance, and it is hereby
declared to be the intention of this City Council to have passed
each section, sentence, phrase, or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase,
or clause, or part thereof, may be declared invalid.
Section 4.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 5. This Ordinance shall be in effect from and after
its passage and approval.
The fees in this ordinance shall be
effective upon passage and approval of this ordinance, unless
otherwise indicated.
PASSED AND APPROVED, this 25th day of August, 2008.
By:
C~ OF LA PORTE
~l:-V~-
Alton E. Porter
Mayor
ATTEST:
~,~
Ma tha A. Gillett
City Secretary
APPROVED:
Clt:~n:: ~
Assistant City Attorney
2
11
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Requested By: Michael Dolb
Source of Funds: N/A
Department: Finance
Account Number: N/A
Report:
Resolution: XX Ordinance:
Amount Budgeted: N/A
Exhibits: Certification from HCAD
Amount Requested: N/A
Exhibits: New Construction Report
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
On _, 2008, the City of La Porte received the Certified Appraisal Roll from the Harris
County Appraisal District.
Section 26.04 of the State Property Tax Code requires the submission of the Appraisal Roll to the
Governing Body.
The 2008 Certified Tax Roll for the City of La Porte, as received from the Harris County Appraisal
District (HCAD), shows a total appraised value of $_,_,_,_ and a total taxable value of
$-,-,-,--
The budget was built around a projected 2% growth over the current year estimated property tax
revenues.
Resolution for acceptance of the appraisal roll.
ommends tabling this item as we did in the prior year until the certified roll is received from
t Council A enda
'B ~ I ~8
Date
RESOLUTION NO. 08- 06
1P~~ul
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 2008
APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT.
WHEREAS, the Harris County Appraisal District has submitted to the City Council of the City of La Porte,
for approval, the 2008 tax appraisal roll; and
WHEREAS, the City Council is of the opinion that the 2008 appraisal roll with the amounts shown therein
should be adopted;
WHEREAS, the Harris County Appraisal District has certified to the City Council that there was situated in
the City of La Porte, as of January 1, 2008, property with a total appraised value of $ and a
total taxable value of $
WHEREAS, new personal property added to the appraisal roll had a total taxable value of $
as of January 1, 2008;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, THAT:
Section 1. the 2008 taxable roll in the amount of $
Appraisal District is hereby adopted;
, as submitted by the Harris County
Section 2. the City Council officially finds, determines, recites and declares that a sufficient written notice of
the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the
public at the offices of City of La Porte for the time required by law preceding this meeting, as required by
the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to
the public as required by law at all times during which this resolution and the subject matter thereof has
been discussed, considered and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
PASSED AND APPROVED this the
day of
,2008.
CITY OF LA PORTE, TEXAS
Alton Porter, Mayor
ATTEST:
Martha Gillett, City Secretary
APPROVED:
Clark T. Askins, Assistant City Attorney
12
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Requested By: Michael Dolb
Source of Funds: N/ A
Department: Finance
Account Number: N/A
Report:
Resolution:
Ordinance:
xx
Amount Budgeted: N/A
Exhibits:
Amount Requested: N/A
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
The Fiscal Year 2008-09 Budget was built around a tax rate of .71 cents per hundred dollar valuation.
A breakdown of the tax rate is as follows:
General Fund = .611 cents per hundred dollar valuation
Debt Service = .099 cents per hundred dollar valuation
The tax rate of. 71 cents is the same rate that has been adopted for the last twenty years.
The Effective Tax Rate = _ cents per hundred dollar valuation, which is the maximum rate without
advertisements and a public hearing.
Action Required bv Council:
Appr ve Ordinance establishing the tax rate for Fiscal Year 2008-09 at 71 cents per hundred dollar
v ati n.
ommends tabling this item as we did in the prior year until the certified roll is received from
Council A enda
i?t?t / fR;
ORDINANCE NO. 08- 8 r (J~
~UI1~O~
AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO
TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT,
MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE;
FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS
HELD; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE
Section 1. That there is hereby levied for the fiscal year beginning October 1 , 2008, and ending September
30, 2009, on all real property situated and all personal property owned within the taxable limits of the said
City of La Porte, on the first day of January, 2009, except so much as may be exempt under the constitution
and laws of the United States, this State, and the City of La Porte, the following taxes:
(1) An Ad Valorem Tax of and at the rate of sixty-one cents ($.611) on the one hundred dollars
($100.00) cash value thereof, estimated in lawful currency of the United States for the
current expenses for the support, maintenance, and improvement of the City Government of
said City of La Porte; and
(2) An Ad Valorem Tax of and at the rate of nine cents ($.099) on the one hundred dollars
($100.00) cash value thereof, estimated in lawful currency of the United States, to pay
current interest on and provide one year's sinking fund and to pay all of the Principal and
Interest accruing on all outstanding general obligation bonds and certificates of obligation
lawfully issued by the City of La Porte.
That this provides the sum of total Ad Valorem tax at the rate of seventy-one cents ($.71) on the one
hundred dollars ($100.00) cash value thereof, estimated in lawful currency of the United States.
Section 2. All property upon which a rate of taxation is hereinabove levied shall be assessed on a ratio of
one hundred percent (100%) of the estimated market value thereof.
Section 3. That the sums hereinafter accruing and collected from the hereinabove taxes so levied be and
the same are hereby appropriated for the support, maintenance, and improvement of the City Government
of the City of La Porte.
Section 4. The City Council officially finds, determines, recites and declares that all notices required by law
have been published, and that a public hearing as required by law was duly called and held, and that all
matters prerequisite to the establishment and levy of an ad valorem tax have been accomplished, all as
required by the laws of the State of Texas, and the Home Rule Charter of the City of La Porte.
Section 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause,
of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining
portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed
each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section,
sentence, phrase, or clause, or part thereof, may be declared invalid.
Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of
such conflict only.
Section 7. The City Council officially finds, determines, recites and declares that a sufficient written notice
of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to
the public at the City Hall of the City for the time required by law preceding this meeting, as required by the
Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the
public as required.
Section 8. This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this the
day of
,2008.
CITY OF LA PORTE, TEXAS
Alton Porter, Mayor
ATTEST:
Martha Gillett, City Secretary
APPROVED:
Clark T. Askins, Assistant City Attorney
13
REQUEST FOR CITY COUNCIL AGENDA ITEM
Department:
Au2Ust 25. 2008 ~
D. Wilmore 9J ~
Planning
Bud2et
Agenda Date Requested:
Requested By:
Source of Funds:
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Ordinance #2003-2623-C
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
On July 28th City Council held a workshop to consider amending the mowing/clean-up abatement fees. Council
asked staff to amend Chapter 34 to include a requirement that the one-time annual notification letter be sent via both
"regular and registered mail". In addition, we were to amend Appendix A, mowing/clean-up abatement fees, by
including an increasing administrative fee in addition to a penalty fee for 4th & additional violations.
Since property owners have received multiple ordinance change notices this year and since six months of the
mowing season is complete, staff has drafted the ordinance to become effective January 01,2009. This will allow
the increasing administrative/penalty fee, that is based on the number of violations per year, to be applicable to a full
mowing season.
Action Required bv Council:
onsi r approval of an ordinance amending the mailing notification requirement and abatement fee schedule
_?J ~ j~
Da
ORDINANCE NO. 2003-2623-C
AN ORDINANCE AMENDING CHAPTER 34 "ENVIRONMENT' OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE IV.
"UNSANITARY, UNSIGHTLY CONDITIONS ON PRIVATE PREMISES," SECTION 34-131
"SAME - SERVICE METHODS," AND AMENDING APPENDIX A "FEES"; PROVIDING A
REPEALING CLAUSE; CONT AINING 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 34 "Environment," Article IV. "Unsanitary, Unsightly Conditions
on Private Premises," Section 34-131 "Same - Service Methods," of the Code of Ordinances, La
Porte, Texas, is hereby amended to read as follows:
"Sec. 34-131. Same--Service Methods.
The notice provided for in Sections 34-129 and 34-130 shall be served personally on the owner
to whom it is directed or shall be given by letter via regular mail and registered/certified mail
addressed to such owner at his last known post office address. If personal service cannot be
made and the owner's address is unknown, such notice shall be given by publication at least two
times within ten (10) consecutive days in a newspaper of general circulation published within the
city; by posting the notice on or near the front door of each building on the property to which the
violation relates; or by posting the notice on a placard attached to a stake driven into the ground
on the property to which the violation relates, if the property contains no buildings."
Section 2: That Appendix A, "Fees," Chapter 34 "Environment," Article IV. "Unsanitary,
Unsightly Conditions on Private Premises," of the Code of Ordinances, La Porte, Texas, is
hereby amended to read as follows:
"Article IV. Unsanitary, Unsightly Conditions on Private Premises.
(a) Abatement Charges per Lot and/or Acre and also the Minimum Bill on Property
shall be:
Contractor Charge plus
+ 1 st Violation Administrative Charge of $100
+ 2nd Violation Administrative Charge of $150
+ 3rd Violation Administrative Charge of $200
+ 4th Violation & Additional Violations Administrative Charge of $200 + a $200
Recurring Offenses Charge
Ordinance # 2003-2623-C
Page 2
(b) Removal of Lien filed on Property $75.00 + Attorney Costs
(c) Owner Contracting Abatement with City
Abatement Charges per Lot and/or Acre and the Minimum Bill on Property shall
be:
Contractor Charge plus
+ 1 st Violation Administrative Charge of $100
+ 2nd Violation Administrative Charge of$150
+ 3rd Violation Administrative Charge of $200
+ 4th Violation & Additional Violations Administrative Charge of $200 + a $200
Recurring Offenses Charge"
Section 3: 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 4: 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 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of the ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2,000.00).
Section 6. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council 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
2
Ordinance # 2003-2623-C
Page 3
Section 7. This Ordinance shall be effective January 01, 2009. 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 thJ~1- day of tru..j~\5.}- ,2008.
CIT~F LAPOR~ .
BY:VU:-~" \~
Mayor
~Ar4
City Secretary
APPROVED:
~~~
City Attorney
3
14
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
t 25 2008
Aoorooriation
Requested By: John Joerns
Source of Funds:
N/A
Department:
Public Works
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Ordinance
Amount Requested:
Exhibits:
Letter Agreement
Budgeted Item: N/A
Exhibits:
SUMMARY & RECOMMENDATION
On May 8, 2006, the La Porte City Council approved three (3) ordinances closing alleys, streets and
retaining a drainage easement for the property formerly containing the Vista Baywood Apartments in
favor of Mr. C. Berdon Lawrence. The apartments have been removed, and the entire site has been
fenced. The City retained utility easements for the water lines on site, as well as the lift station and site
and a sanitary sewer line, which serves the three (3) residences located along the bay (all owned by Mr. C.
Berdon Lawrence). The lift station, located on the site's northern boundary, discharges across the
adjacent park, under Little Cedar Bayou to a manhole at Bayshore and Hazel.
Mr. Lawrence desires to remove the lift station and replace with a private pressure system (grinder pump),
discharging to a manhole on the south edge of the property in the Crescent Street ROW. Mr. Lawrence
agrees to construct and maintain all improvements, and to remove the existing lift station and plug the
line. The sanitary sewer easement and the lift station site (25'x25') would revert to Mr. Lawrence.
Existing waterline and drainage easements, along with right of access, would remain with the City.
In return, the city would be relieved of the operational and maintenance cost for maintaining the lift
station, which formerly served a large apartment complex and now serves three (3) residences.
The agreement provides for Mr. Lawrence to secure, at his expense, the services of a professional
engineer to prepare plans and specifications for City's approval. Once the plans and specifications are
approved and the alternate facilities are constructed and accepted, the City will terminate the easements
and convey the lift station site to Mr. Lawrence (with the exception of the waterline and drainage
easements previously noted).
ORDINANCE NO. 2008- 3103
AN ORDINANCE APPROVING AND AUTHORIZING A LETTER AGREEMENT BETWEEN
THE CITY OF LA PORTE AND c. BERDON LAWRENCE, AUTHORIZING THE
RELEASE AND CONVEYANCE OF AN EXISTING SANITARY SEWER EASEMENT AND
A LIFT STATION SITE, AUTHORIZING INSTALLATION OF ALTERNATE SANITARY
SEWER SERVICE BY C. BERDON LAWRENCE, AUTHORIZING THE TRANSFER OF
UTILITY SERVICE, AND OTHER RELATED MATTERS, AUTHORIZING THE
EXECUTION OF A SPECIAL WARRANTY DEED TO C. BERDON LAWRENCE OF THE
LIFT STATION SITE, AND A TERMINATION OF EASEMENTS AND CONVEYANCE OF
UTILITY FACILITIES AGREEMENT, MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the City Secretary. The City Manager is hereby authorized to
execute such document and all related documents on behalf of the
City of La Porte.
The City Secretary is hereby authorized to
attest to all such signatures and to affix the seal of the City to
all such documents.
Section 2.
The city Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 25th day of August, 2008.
~.yy. 0 OFF. L L~A ~ f
~.\~
Alton E. Porter, Mayor
By:
ATTEST:
~tJ,v!dt$
Mar ha A. Gillett
city Secretary
AP~tJ ~
Knox W. Askins
City Attorney
2
LETTER AGREEMENT
c. Berdon Lawrence
55 Waugh Drive, Suite 1150
Houston, TX 77007
August.z:;:: 2008
City of La Porte
Attn: City Manager
604 West Fairmont Parkway
La Porte, Texas 77571
Gentlemen:
The undersigned, C. Berdon Lawrence ("Lawrence"), is the owner of certain property
located in the City of La Porte including a 10.0026 acre site which was formerly the location of
the Vista Baywood Apartments (the "Apartment Site") and certain lots (the "Bay Lots") along
Galveston Bay abutting the Apartment Site which are improved with residences and related
structures (the "Residences"). The Apartment Site is subject to the following easements
(collectively, the "Utility Easements"):
(a) Utility Easement dated March 19, 1973 from Vista Baywood Housing, Ltd. to La
Porte, recorded under County Clerk's File No. D831769 of the Real Property Records of Harris
County, Texas, and Utility Easement dated April 19, 1972 from George B. Rush, Sr. and
O'Meara Properties, Inc. to La Porte, recorded under County Clerk's File No. D570818 of the
Real Property Records of Harris County, Texas (the "Existing Sanitary Sewer Easements").
(b) Water Line Easement dated April 19, 1972 from George B. Rush, Sr. and
O'Meara Properties, Inc. to La Porte, recorded under County Clerk's File No. D570817 of the
Real Property Records of Harris County, Texas (the "Existing Water Line Easement").
(c) Drainage Easement created pursuant to City of La Porte Ordinance 2006-2883,
dated May 8, 2006, recorded under County Clerk's File No. Z310884 of the Real Property
Records of Harris County, Texas (the "Existing Drainage Easement").
The City of La Porte, Texas ("La Porte") is the owner of a tract of land 25 feet x 25 feet
(the "Lift Station Site") which is bounded on three sides by the Apartment Site, which Lift
Station Site is more particularly described in instrument recorded under County Clerk's File No.
D555063 of the Real Property Records of Harris County, Texas. The Lift Station Site contains a
lift station (the "Lift Station") which is connected to the sanitary sewer lines installed in the
Existing Sanitary Sewer Easements (as defined below) that currently provide sanitary sewer
service to the Residences. In addition to the Utility Easements, La Porte has (i) an easement
HOD :2702631.7
City of La Porte
August tc) , 2008
Page 2
through the Apartment Site for ingress and egress to the Lift Station, such easement being
evidenced by instrument entitled "Ingress and Egress Right-of-Way to Lift Station Site" recorded
under County Clerk's File No. D570819 in the Real Property Records of Harris County, Texas,
and (ii) an easement of entry onto the Apartment Site, such easement being evidenced by
instrument entitled "Easement" recorded under County Clerk's File No. D830770 in the Real
Property Records of Harris County, Texas (collectively, the "Access Easements").
La Porte desires to cease the operation of the Lift Station and abandon the sanitary sewer
lines in the Existing Sanitary Sewer Easements, in which event it will be necessary to make
alternative arrangements for continued sanitary sewer service to the Residences. Lawrence
desires to acquire the Lift Station Site and Lift Station from La Porte, remove the Lift Station and
terminate the Existing Sanitary Sewer Easements and Access Easements but without affecting
the Existing Water Line Easement and Existing Drainage Easement and the rights of La Porte
relative thereto. In that connection, La Porte and Lawrence are entering into this Letter
Agreement in order to provide for the following agreements:
1. Approval of City Council: Title to Lift Station Site. Promptly following the
execution hereof, La Porte shall (i) submit this Letter Agreement to the La Porte City Council for
approval and shall use diligence to obtain the approval of City Council as soon as practicable to
this Letter Agreement and the transaction contemplated hereby, and (ii) promptly notify
Lawrence in writing upon obtaining such approval of the City Council. Promptly following the
execution hereof, Lawrence shall endeavor to obtain a title report or "nothing further" certificate
(the "Title Report") covering the Lift Station Site issued by a title company, together with legible
copies of all title exception documents affecting the Lift Station Site. Lawrence shall have the
right to review and approve such Title Report and title exception documents.
2. Plans and Permitting for Alternate Sanitary Sewer Service. Promptly following
such approval by the City Council of La Porte and notice thereof to Lawrence, Lawrence, at his
expense, shall cause plans and specifications (the "Utility Plans") to be prepared by a registered
professional engineer (the "Engineer") for utility lines, meters, grinding pumps, lift station and
other facilities (the "Alternate Facilities") necessary to continue sanitary sewer service to the
Residences without the need for the Lift Station at a cost acceptable to Lawrence. It is
anticipated that the Alternate Facilities will be constructed and installed from the Residences
through the Apartment Site and Bay Lots at locations determined by Lawrence to the south
boundary of the Apartment Site or Bay Lots and then, from such south boundary line through the
right of way of Crescent Drive (a publicly dedicated right of way pursuant to the map or plat of
Crescent Shores Subdivision filed in Volume 8, Page 58 of the Map Records of Harris County,
Texas) to the existing public sanitary sewer line located within the right of way of Crescent
Drive, the location of which is generally depicted on Exhibit "A" attached hereto. Upon
completion thereof, the Utility Plans shall be submitted to the Planning Department of the City of
La Porte for approval and issuance of a building permit for the Alternate Facilities.
3. Installation of Alternate Sanitary Sewer Service. Upon approval of the Utility
Plans by the Planning Department of the City of La Porte and issuance of a building permit for
HOU:2702631.7
City of La Porte
August ~, 2008
Page 3
the Alternate Facilities, Lawrence, at his expense, shall proceed with the construction and
installation of the Alternate Facilities in accordance with the approved Utility Plans using
contractors selected by Lawrence. La Porte acknowledges and agrees that the construction and
installation of such Alternate Facilities will involve the installation of sanitary sewer lines within
the right of way of Crescent Drive, and La Porte hereby grants its permission and license to such
contractors to use such right of way for the purpose of installing such sanitary sewer lines in
accordance with the approved Utility Plans and shall reasonably cooperate with Lawrence and
his contractors in order to facilitate such construction and installation. All Alternate Facilities
constructed and installed on the Apartment Site and/or Bay Lots and within the right of way of
Crescent Drive shall be private facilities owned and maintained by Lawrence from and after the
completion thereof. After completion of such Alternate Facilities, Lawrence and his contractors
shall have the right, from time to time, to enter upon the right of way of Crescent Drive for the
purpose of maintaining, repairing and replacing the Alternate Facilities located within such right
of way, and La Porte shall reasonably cooperate with Lawrence and his contractors in order to
facilitate the maintaining, repairing and replacing the Alternate Facilities located within such
right of way. Upon request of Lawrence, La Porte shall execute an instrument in recordable
form evidencing the right of Lawrence and his contractors to so install, maintain, repair and
replace the Alternate Facilities within the right of way of Crescent Drive. Upon completion of
the initial construction and installation of the Alternate Facilities, Lawrence shall notify La Porte
thereof.
4. Transfer of Utility Service. Promptly upon completion of the Alternate Facilities,
Lawrence shall cause the sanitary sewer service to the Residences to be transferred to the
Alternate Facilities and shall discontinue sanitary sewer service through the sanitary sewer lines
and other facilities in the Existing Sanitary Sewer Easements and the Lift Station Site.
5. Conveyance of Lift Station Site and Lift Station: Termination of Existing Utility
Easements. Access and Other Easements. At any time following the completion of the Alternate
Facilities and transfer of the sanitary sewer service to the Alternate Facilities, upon written
request of Lawrence, La Porte shall execute and deliver to Lawrence the following documents in
recordable form:
(a) A Special Warranty Deed in the form attached hereto as Exhibit "B"
conveying to Lawrence free and clear of all liens and encumbrances other than those set
forth in the Title Report, fee simple title to the Lift Station Site, Lift Station and any
utility lines, utility facilities and other improvements in, on or under the Lift Station Site;
and
(b) A Termination of Easements and Conveyance of Utility Facilities in the
form attached hereto as Exhibit "c" (i) terminating the Existing Sanitary Sewer
Easements, the Access Easements and any other existing access easements or other rights
of access currently held or claimed by La Porte through the Apartment Site or Bay Lots
to property owned by La Porte adjacent to the Apartment Site and Bay Lots but without
affecting the Existing Water Line Easement and Existing Drainage Easement, and (ii)
HOD :2702631.7
City of La Porte
August 2..S, 2008
Page 4
conveying to Lawrence all utility lines and utility facilities in the Existing Sanitary Sewer
Easements.
6. Removal of Lift Station from Lift Station Site. At any time following the
execution and delivery of the documents set forth in Paragraph 5 above, Lawrence may remove
the Lift Station and its related equipment from the Lift Station Site and cap-off all utility lines to
the Lift Station.
7. Existing Water Line Easement. Nothing herein shall affect the Existing Water
Line Easement which shall continue in full force and effect. La Porte shall continue to have all
rights under the Existing Water Line Easement and all utility lines and other facilities located
therein.
8. Existing Drainage Easement. Nothing herein shall affect the Existing Drainage
Easement which shall continue in full force and effect. La Porte shall continue to have all rights
under the Existing Drainage Easement and all utility lines and other facilities located therein.
9. Term of this Agreement. This term of this Letter Agreement shall commence
upon the execution hereof and shall continue in full force and effect until performance of all
obligations of the parties hereunder; provided, however, if (i) Lawrence does not approve of the
title to the Lift Station Site as evidenced by the Title Report, (ii) the approval of this Letter
Agreement by the City Council of La Porte has not occurred within sixty (60) days after the date
hereof (or such later date as may be agreed to in writing by the parties), or (iii) the approval of
the Utility Plans by the Planning Department of the City of La Porte and issuance of a building
permit for the Alternate Facilities has not occurred within sixty (60) days after the submission of
such plans by Lawrence (or such later date as may be agreed to in writing by the parties), at the
option of Lawrence, upon written notice to La Porte, this Letter Agreement shall terminate and
the parties hereto shall be released and relieved of further liability or obligation hereunder.
La Porte represents and warrants that it has all requisite power and authority to execute
this Letter Agreement and perform its obligations hereunder and has received all consents and
approvals of its City Council and other governmental agencies necessary to perform its
obligations hereunder. Lawrence represents and warrants that he has received all consents and
approvals of third parties necessary to perform his obligations hereunder subject, however, to
obtaining necessary permits for the construction and installation of the Alternate Facilities.
This Letter Agreement constitutes the entire agreement between Lawrence and La Porte
regarding the subject matter hereof. No prior or contemporaneous oral promises or
representations shall be binding.
This Letter Agreement shall be amended only by the written instrument signed by both
parties hereto. This Letter Agreement shall be binding upon and inure to the benefit of the
respective successors and assigns of the parties hereto. This Letter Agreement may be executed
HOU:2702631.7
City of La Porte
August ~S , 2008
Page 5
in multiple counterparts, each of which shall constitute an original, and all of which, when taken
together, shall constitute one and the same instrument.
&Gt. OlJ&.. \g ~h.-.. f ~.ta-. ~
C. BERDON LAWRENCE
HOU:2702631.7
City of La Porte
J\ugust~,2008
Page 6
J\CCEPTED J\ND J\GREED TO:
By:
Name'
Title:
HOU:2702631.7
HOU:2702631.7
....
IIJ
~
s:
Q
<(
o
a::
lXl
IIJ
ERST
EXHIBIT" A"
SITE PLAN
EXHIBIT "A"
\
/
_Jjjl
POINT OF CONNECTION
TO CITY SAN. SEWER
EXHIBIT "B"
FORM OF WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
THE STATE OF TEXAS
COUNTY OF HARRIS
s
s
s
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, CITY OF LA PORTE ("Grantor"), a municipal corporation, for and in
consideration of the sum of TEN AND NOIlOO DOLLARS ($10.00) and other good and
valuable consideration to them in hand paid by C. BERDON LAWRENCE ("Grantee"), whose
address for mailing purposes is 55 Waugh Drive, Suite 1140, Houston, Texas 77007, the receipt
and sufficiency of which is hereby acknowledged and confessed; have GRANTED, SOLD and
CONVEYED, and by these presents do GRANT, SELL and CONVEY, unto Grantee, all that
certain lot, tract, or parcel of land, together with all improvements thereon, lying and being
situated in the County of Harris, State of Texas, and being more particularly described on Exhibit
"A" attached hereto and made a part hereof for all purposes (hereinafter referred to as the
"Subiect Property").
This Special Warranty Deed is executed and delivered, and the conveyance hereinabove
set forth is made by Grantor and accepted by Grantee, subject to each and all of those certain
exceptions to and conditions and encumbrances on title to the Subject Property which are set
forth in Exhibit "B" attached hereto and incorporated herein by this reference (such exceptions,
conditions and encumbrances being herein collectively referred to as the "Permitted
HOU:2702631.7
Exceptions"), to the extent the Permitted Exceptions are validly existing and are applicable to the
Property.
TO HAVE AND TO HOLD the Subject Property, together with all and singular the
rights and appurtenances thereto in anywise belonging, unto Grantee, his heirs, legal and
personal representatives, successors and assigns forever; and Grantor does hereby bind itself and
its successors and assigns, to WARRANT AND FOREVER DEFEND, all and singular the
Subject Property unto Grantee, his heirs, legal and personal representatives, successors and
assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part
thereof, by, through or under Grantor, but not otherwise, subject to the Permitted Exceptions.
EXECUTED as OftheJ.~daY of ~ 2008.
CITY OF LA PORTE, a municipal corporation
By: Name: ~ _
Title: 'e(
HOD :2702631.7
THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
This instrument was acknowledged before me on the
2008, by
PORTE, a municipal corporation.
AFTER RECORDING. RETURN TO:
ANDREWS KURTH LLP
Attn: Mark C. Hodges
600 Travis, Suite 4200
Houston, TX 77002
HOU:2702631.7
day of ,
of the CITY OF LA
NOTARY PUBLIC, STATE OF TEXAS
EXHIBIT "A"
To Special Warranty Deed
DESCRIPTION OF SUBJECT PROPERTY
Being a 0.014 acre tract ofland out of the Frank Bonner Howard Tracts No.1, 2, and 3,
as recorded in Volume 3319 at Page 7 of the Deed Records of Harris County, Texas, out of Lot
23, W.B. Lowrance Subdivision, Johnson Hunter League, A-35, Harris County, Texas, as
recorded in Volume 83 at Pages 596 and 597 of said Harris County Deed Records, and being the
same tract of land conveyed to the City of La Porte by instrument dated March 7, 1972, recorded
under Harris County Clerk's File No. D555063, said 0.014 acre tract being more particularly
described as follows:
COMMENCING at a 3/4" iron rod found at the Northwest comer
of said Tract No.3, said point being also the Southwest comer of
that certain 9.4925 acre tract of land conveyed to Watson's Bay,
Inc., by W.S. Crawford, Jr., by deed as recorded in Volume 6959
at Page 568 of the Deed Records of Harris County, Texas, dated
October 11, 1967, and said point being in the East right-of-way
line of Park Avenue, and being further the Southeast comer of that
East 40 feet of Park A venue, as vacated and abandoned by the
Harris County Commissioners Court on August 26, 1968, and
recorded in the minutes of said court at Volume 68, Page 7;
THENCE, S 76 deg. 51' 37" E, along the common line of the
Watson's Bay, Inc., 9.4925 acre tract and the Frank Bonner
Howard tracts, a distance of 298.93 feet to the POINT OF
BEGINNING;
THENCE, S 13 deg. 08' 23" W, a distance of 25.00 feet to a point
for comer;
THENCE, S 76 deg. 51' 37" E, parallel to the North line of the
Frank Bonner Howard Tracts, a distance of25.00 feet to a point for
comer;
THENCE, N 13 deg. 08' 23" E, a distance of 25.00 feet to a point
for comer in the common line of the Watson's Bay, Inc. tract and
the Frank Bonner Howard tracts;
THENCE, N 76 deg. 51' 37" W, along said common line, a
distance of 25.00 feet to the POINT OF BEGINNING.
HOU:2702631.7
HOU:2702631.7
EXHIBIT "B"
to Special Warranty Deed
PERMITTED EXCEPTIONS
[as set forth in the Title Report to be obtained under Paragraph 1]
EXHIBIT "C"
FORM OF TERMINATION OF EASEMENTS
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
TERMINATION OF EASEMENTS AND
CONVEYANCE OF UTILITY FACILITIES
This TERMINATION OF EASEMENTS AND CONVEYANCE OF
UTILITY FACILITIES (this "Termination") is executed by and between C. BERDON
LAWRENCE ("Owner") and CITY OF LA PORTE, a municipal corporation ("La
Porte").
RECITALS
A. Owner is the record owner of a tract or parcel of land containing
10.0026 acres more particularly described on Exhibit "A" attached hereto (the "Owner
Property"). La Porte is the owner of a tract ofland 25 feet by 25 feet (the "Lift Station
Site") described on Exhibit "B" attached hereto. The Lift Station Site is bounded on
three (3) sides by the Owner Property. The Lift Station Site contains a lift station and
related utility lines and facilities (the "Lift Station Site Improvements") which is
connected to sanitary sewer lines installed in the Existing Sanitary Sewer Easements (as
defined below).
B. The Owner Property is subject to the following easements
(collectively the "Existing Sanitary Sewer Easements") related to the operation of the Lift
Station Site Improvements:
(i) Utility Easement dated March 19, 1973 from Vista
Baywood Housing, Ltd. to La Porte, recorded under County Clerk's File
No. D831769 of the Real Property Records of Harris County, Texas; and
(ii) Utility Easement dated April 19, 1972 from George B.
Rush, Sr. and O'Meara Properties, Inc. to La Porte, recorded under County
Clerk's File No. D570818 of the Real Property Records of Harris County,
Texas.
C. In addition to the Existing Sanitary Sewer Easements, the Owner
Property is subject to the following easements (the "Existing Access Easements") related
to the operation of the Lift Station Site Improvements:
HOU:2702631.7
(i) Ingress and Egress Right-of-Way to Lift Station Site dated
April 19, 1972 from 0' Meara - Rush, a j oint venture composed of George
B. Rush, Sr. and O'Meara Properties, Inc. to La Porte, recorded under
County Clerk's File No. 570819 of the Real Property Records of Harris
County, Texas; and
(ii) Easement dated March 14, 1973 from Vista Baywood
Housing Ltd. to La Porte, recorded under County Clerk's File No.
D831770 of the Real Property Records of Harris County, Texas.
D. By Warranty Deed of even date herewith, La Porte is conveying
the Lift Station Site and Lift Station Site Improvements to Owner, and Owner and La
Porte desire to enter into this Termination for the purpose of evidencing the termination
of the Existing Sanitary Sewer Easements and Existing Access Easements and
conveyance to Owner of all utility facilities in the Existing Sanitary Sewer Easements.
AGREEMENTS
NOW, THEREFORE, in consideration of the premises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Owner and La Porte agree as follows:
1. Termination of Easements. As of the date hereof, (i) the Existing
Sanitary Sewer Easements and Existing Access Easements and all easements created
thereby or related thereto, and (ii) any other existing access easements or other rights of
access currently held or claimed by La Porte through the Owner Property to property
owned by La Porte adjacent to the Owner Property, shall be and are hereby terminated
and all right, title and interest of La Porte thereunder are hereby released and quitclaimed
to Owner. All rights and obligations of Owner and La Porte arising under the Existing
Sanitary Sewer Easements and Existing Access Easements are hereby cancelled and
terminated as of the date hereof.
2. Conveyance of Utility Facilities. La Porte hereby grants and
conveys unto Owner all utility lines and other utility facilities in the Existing Sanitary
Sewer Easements and agrees that La Porte has the abandoned such utility lines and utility
facilities and has no further rights or interests therein.
3. Continuation of Water Line and Drainage Easements. Nothing
herein shall affect the Drainage Easement (the "Existing Drainage Easement") retained
by City of La Porte Ordinance 2006-2883, recorded under County Clerk's File No.
Z310884 of the Real Property Records of Harris County, Texas, which shall continue in
full force and effect. La Porte shall continue to have all rights under the Existing
Drainage Easement and all utility lines and other facilities located therein. Nothing
herein shall affect the Water Line Easement (the "Existing Water Line Easement") dated
April 19, 1972 from George B. Rush, Sr. and O'Meara Properties, Inc. to La Porte,
recorded under County Clerk's File No. D570817 of the Real Property Records of Harris
County, Texas, which shall continue in full force and effect. La Porte shall continue to
HOD :2702631.7
have all rights under the Existing Water Line Easement and all utility lines and other
facilities located therein.
4. Representations and Warranties. La Porte represents and warrants
that (i) it is the owner and holder of the easement estates evidenced by the Existing
Sanitary Sewer Easements and Existing Access Easements and the owner of the utility
lines and utility facilities conveyed hereby, and (ii) it has all requisite power and
authority to execute this Termination and has received all necessary consents and
approvals of its City Council and other governmental agencies to its execution hereof.
Lawrence represents and warrants that he has received all necessary consents and
approvals of third parties to its execution hereof.
5. Multiple Counterparts. This Termination may be executed in
multiple counterparts, and by Owner and La Porte on separate counterparts, each of
which shall be deemed to be an original but all of which shall constitute a single
agreement.
6. Successors and Assigns. This Termination shall be binding upon
and inure to the benefit of Owner and La Porte and their respective heirs, personal and
legal representatives, successors and assigns.
HOU:2702631.7
HOU:270263 1.7
EXECUTED as of the
day of
,2008.
OWNER:
C. BERDON LAWRENCE
LA PORTE:
CITY OF LA PORTE, a municipal
corporation
By:
Name:-~s.
Title: Ct9U
STATE OF TEXAS S
S
COUNTY OF HARRIS S
This instrument was acknowledged before me on the
, 2008, by
CITY OF LA PORTE, a municipal corporation.
day of
of the
NOTARY PUBLIC, STATE OF TEXAS
STATE OF TEXAS S
S
COUNTY OF HARRIS S
This instrument was acknowledged before me on the _ day of
, 2008, by C. BERDON LAWRENCE.
NOTARY PUBLIC, STATE OF TEXAS
HOU:2702631.7
EXHIBIT" A"
Description of Owner Property
A tract ofland containing 10.0026 acres out of the Frank Bonner Howard Tracts No.1, 2 and 3,
as recorded in Volume 3319, Page 7 of the Harris County Deed Records (H.C.D.R.), out of Lot
23 of the W.B. Lowrance Subdivision, Johnson Hunter League, Abstract 35, as recorded in
Volume 83, Page 596 H.C.D.R., and a part of that certain East 40 feet of Park Avenue, as
vacated and abandoned by City of LaPorte, Texas on September 27, 1971, by City Ordinance
No. 892, and being more particularly described by metes and bounds as follows:
BEGINNING at a 314-inch iron rod found for the southwest comer of that East 40 feet of Park
Avenue, as vacated and abandoned by the Harris County Commissioners Court on August 26,
1968, and recorded in the minutes of said court in Volume 68, Page 7, same point being the
northwest comer of the subject 10.0026 acre tract;
THENCE South 7()51' 37" East, along the common line between that certain 10.0035 total acres
conveyed to the City of LaPorte and described in deed recorded under Harris County Clerk's File
(H.C.C.F.) No. F423903 and said Frank Bonner Howard tracts, a distance of 340.00 feet to a 3/4-
inch iron rod wlcap set for comer of a lift station out-tract;
THENCE South Lf08' 23" West, departing said common line, a distance of25.00 feet to a 3/4-
inch iron rod wlcap set for comer of a lift station out-tract;
THENCE South 7() 51' 37" East, along the south line of said lift station out-tract, a distance of
25.00 feet to a 314-inch iron rod wlcap set for comer;
THENCE North If 08' 23" East, along the east line of said lift station out-tract, a distance of
25.00 feet to a 314-inch iron rod wlcap set in said common line between said City of LaPorte
10.0035 acres and said Frank Bonner Howard tracts;
THENCE South 7() 51' 37" East, along said common line, a distance of 449.86 feet to a 5/8-inch
iron rod found for the northeast comer of the subject 10.0026 acre tract, same point being a
common comer to a 0.6035 acre tract H.C.C.F. No. M604460 and also a 0.9591 acre tract
H.C.C.F. No. J402815;
THENCE South 00' 02' 11 " West, along the east line of said subject 10.0026 acres, at 230.78 feet
pass a "PK" nail in a concrete driveway found for the common west comer of said 0.9591 acre
tract and a 0.4303 acre tract, H.C.C.F. No. J402815 and continuing, in all a total distance of
500.35 feet to a 5/8-inch iron rod found for a common comer with the subject 10.0026 acre tract
and a 0.5411 acre tract, H.C.C.F. No. J402815, same point also being in the north line of
Crescent Shores Subdivision as recorded in Volume 8, Page 58 H.C.M.R.;
THENCE North 88'28' 35" West, along the common line between said subject 10.0026 acres
tract and said Crescent Shores Subdivision, a distance of97.12 feet to a point for comer, as
described in that certain Boundary Line Agreement recorded under H.C.C.F. No. J407171;
HOU:2702631. 7
THENCE North 6cf37' 05" West, departing the north line of said Crescent Shores Subdivision, a
distance of 48.67 feet to a point for comer.
THENCE South 0<f16' 25" West, a distance of 15.75 feet to a point in the north line of said
Crescent Shores Subdivision;
THENCE North 8~28' 35" West, along the north line of said Crescent Shores Subdivision, a
distance of 540.98 feet to a 3/4-inch iron rod w/cap set for comer;
THENCE North od' 02' 11" East, departing the north line of said Crescent Shores Subdivision
and along the east line of that certain tract called Reserve "A", a distance of235.64 feet to a 3/4-
inch iron rod w/cap set for comer;
THENCE North 8cf57' 49" West, along the north line of said Reserve "A", a distance of 108.96
feet to a 314-inch iron rod w/cap set for comer in the west line of that certain East 40 feet of Park
Avenue, as vacated and abandoned by the City of LaPorte;
THENCE North od' 02' 11" East, along the west line of said East 40 feet of Park Avenue, as
vacated and abandoned by the City of LaPorte, a distance of 431.67 feet to the POINT OF
BEGINNING and containing 10.0026 acres ofland, more or less.
This Real Property Description is based upon a land title survey conducted under the direction of
T. Trigg Lupher, Registered Professional Land Surveyor, Texas Registration No. 4752 in
January of 200 1.
HOU:2702631.7
EXHIBIT "B"
Description of Lift Station Site
Being a 0.014 acre tract of land out of the Frank Bonner Howard Tracts No.1, 2,
and 3, as recorded in Volume 3319 at Page 7 of the Deed Records of Harris County,
Texas, out of Lot 23, W.B. Lowrance Subdivision, Johnson Hunter League, A-35, Harris
County, Texas, as recorded in Volume 83 at Pages 596 and 597 of said Harris County
Deed Records, and being the same tract of land conveyed to the City of La Porte by
instrument dated March 7, 1972, recorded under Harris County Clerk's File No.
D555063, said 0.014 acre tract being more particularly described as follows:
COMMENCING at a 3/4" iron rod found at the Northwest
comer of said Tract No.3, said point being also the
Southwest comer of that certain 9.4925 acre tract of land
conveyed to Watson's Bay, Inc., by W.S. Crawford, Jr., by
deed as recorded in Volume 6959 at Page 568 of the Deed
Records of Harris County, Texas, dated October 11, 1967,
and said point being in the East right-of-way line of Park
Avenue, and being further the Southeast comer of that East
40 feet of Park Avenue, as vacated and abandoned by the
Harris County Commissioners Court on August 26, 1968,
and recorded in the minutes of said court at Volume 68,
Page 7;
THENCE, S 76 deg. 51' 37" E, along the common line of
the Watson's Bay, Inc., 9.4925 acre tract and the Frank
Bonner Howard tracts, a distance of 298.93 feet to the
POINT OF BEGINNING;
THENCE, S 13 deg. 08' 23" W, a distance of 25.00 feet to
a point for comer;
THENCE, S 76 deg. 51' 37" E, parallel to the North line of
the Frank Bonner Howard Tracts, a distance of 25.00 feet
to a point for comer;
THENCE, N 13 deg. 08' 23" E, a distance of 25.00 feet to
a point for comer in the common line of the Watson's Bay,
Inc. tract and the Frank Bonner Howard tracts;
THENCE, N 76 deg. 51' 37" W, along said common line, a
distance of25.00 feet to the POINT OF BEGINNING.
HOU:2702631.7
15
-_.---^_.~'_..,..,-_.. .---...---------
REQUES FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: A
2008
Aoorooriation
Requested By: John Joern
Source of Funds:
Department: John Joerns
Account Number:
Report:
Resolution: X Ordinance:
Amount Budgeted:
Exhibits:
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
Commissioner Garcia's Office invited the cities in her precinct plus other county officials and various groups to
meet with an aide from Congressman Lampson's Office to discuss potential federal funding for Transportation
Projects.
As projects and issues were discussed, State Highway 146 emerged as the groups number one priority. Bay Area
Transportation Partnership volunteered to draft a resolution for review and consideration by the various
stakeholders.
The resolution before you tonight is the fmal draft prepared by the partnership requesting federal funding assistance
for State Highway 146.
Action Required bv Council:
Co "der approval of resolution requesting Federal Funding Assistance for State Highway 146.
5/J1 /ue
Date
CITY OF LA PORTE
RESOLUTION NO. 260 B --Oq
REQUESTING FEDERAL FUNDING ASSISTANCE FOR STATE HIGHWAY 146
A RESOLUTION OF THE CITY OF LA PORTE REQUESTING FUNDING FOR BAY
AREA REGIONAL TRANSPORTATION CORRIDOR PROJECTS DUE TO THEIR
CRITICAL IMPACTS WITH REGARD TO NATIONAL SECURITY, MOBILITY, AND
EMERGENCY EVACUATION NEEDS, INCLUDING HURRICANE EVACUATION.
WHEREAS, BayTran is a Transportation Management Organization or "TMO" operating as the
Regional Advocate for transportation, mobility, and air quality issues in the Houston Bay Area that
includes southeast Harris, Brazoria, and Galveston Counties, Municipalities, Academic Institutions, Port
Authorities, and Private Sector Participants; and
WHEREAS, BayTran has identified and prioritized transportation projects that have a regional
impact with regard to national security, mobility, and emergency evacuation. Many major transportation
corridors in southeast Harris County and northern Galveston County are too congested to be depended
upon for evacuation in the event of an emergency, specifically and including: IH-45, State Highway 146,
Old Galveston Road (SH 3), NASA Parkway East, Red Bluff Road, Fairmont Parkway, Bay Area
Boulevard, FM 518 and FM 517: and
WHEREAS, BayTran is coordinating with the members which include Commissioners of Harris
County Precincts One and Two, Galveston and Brazoria Counties, the Economic Alliance Houston Port
Region, the Port of Houston Authority, the Bay Area Houston Economic Partnership, Clear Lake Area
Chamber of Commerce and the member cities of Bay town, Bayou Vista, Clear Lake Shores, Deer Park,
El Lago, Galveston, Hitchcock, Houston, Kemah, La Marque, La Porte, League City, Nassau Bay,
Pasadena, Pearland, Seabrook, Shoreacres, Taylor Lake Village, Texas City, and Webster all of which
are within U.S. Congressional District 22; and
WHEREAS, there are specific geographic and logistical regional attributes unique to the Houston
Bay Area of Texas that distinguish the region from other regions, being that Houston is the fourth-largest
city in the United States, increasing in population by one million every 10 years and ranked fourth with
the most traffic congestion, is located on the Texas Gulf Coast, making it susceptible to hurricanes which
pose a threat to the economic infrastructure, and is home to four Ports, two major airports, two major
railroad systems, oil & gas industries, petro-chemical refineries, the Texas Medical Center,
NASA/Johnson Space Center, and Ellington Field (used by the military, government, and general aviation
sectors) ; and
WHEREAS, this Houston Bay Area is one of the world's largest manufacturing centers for
petrochemicals, having nearly 40% of the nation's base petrochemicals manufacturing capacity and home
to the $15 billion petrochemical complex at the Houston Ship Channel making it the largest in the United
States; and
WHEREAS, this Houston Bay Area dominates in the United States production of three major
reSIns: polyethylene (37.1 % of U.S. capacity); polyvinyl chloride (37.0% of U.S. capacity) and
polypropylene (53.4% of U.S. capacity); and
WHEREAS, the famous "Spaghetti Bowl," a complex of several thousand miles of pipeline
connecting 200 chemical plants, refineries, salt domes and fractionation plants is located in the Houston
Bay Area along with four Ports that make the petrochemicals accessible to the world: and
WHEREAS, the Houston Bay Area is home to 43 of the nation's 144 publicly traded oil and gas
exploration and production firms, including 10 of the top 25; six of the remaining 15 have subsidiaries,
major divisions or other significant operations here with a crude operable capacity of 4.015 million
barrels of refined petroleum products per calendar day: 83.3 percent of the Texas total and 24.4 percent
of the total for the United States thereby controlling 56.6 percent of the oil pipeline capacity of the United
States and 72.8 percent of the natural gas pipeline of the United States; and
WHEREAS, the expansions of the Port of Houston Bayport facilities is resulting in an
unprecedented construction of additional enormous distribution centers which, in addition to the widening
improvements to the Panama Canal is projected to significantly escalate beyond existing capacity along
with increasing truck/freight congestion due to the effects of growing cargo and goods demand (both
imports and exports); and
WHEREAS, with the demands that extreme economic growth is making on the current
transportation infrastructure system, the cargo in Houston airport facilities as well as the Port of Houston
is expected to triple in the next 17 years, thereby escalating the need for additional railroad expansion in
order to provide adequate service and meet the needs of the region; and
WHEREAS, all of these facilities are of great national and regional significance and damage to or
destruction of which would severely handicap the economy of the entire nation and the protection of the
lives of the individuals in the Houston Bay Area who labor to keep these facilities functional is of great
import in continuing their operation; and
WHEREAS, immediate operational and safety improvements are needed on vanous
transportation facilities to remove bottlenecks, to reduce unacceptable accident rates, and update
outmoded designs in order to accommodate the size, weight, and operational characteristics of current
truck and two major rail operations, that are significantly contributing to rapid pavement deterioration,
and
WHEREAS, an ever increasing number of trains and trucks traveling to and from the Ship
Channel refineries, other industrial businesses in the Houston Bay Area, the Ports of Galveston, Texas
City, and Houston's Bayport and Barbour's Cut utilize roads and rail lines with numerous at-grade
crossings that pose increasing potentials for train/truck collisions and cause increasing delays to all
vehicular traffic; and
WHEREAS, many evacuation routes serving the area have repetitively been subjected to
considerable flooding including SH 146, Red Bluff Road, and BW 8 service roads, and the Texas City
Wye (I-45/SH 146/SH 6 interchange), has caused unnecessary delay during emergency events and
pavement deterioration requiring significant reconstruction; and
WHEREAS, the safety and security of this area is of national significance the enumerated
aforementioned factors but also the impending need for military mobility to deploy personnel and
equipment needed to support the United States involvement in the global war on terror as well as the
existing and projected rail cargo arriving and departing from the refineries and ports along the Ship
Channel and Galveston Bay.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS:
THA T, on behalf of the Citizens of the City of La Porte, we respectfully request that the House
Committee on Transportation and Infrastructure recommend federal funding the necessary improvements
of these major transportation corridors in the regional BayTran service area (i.e., SH146 and others listed
above) to reduce repetitive traffic congestion caused by increased population and the Port of Houston
expansion; to increase regional safety and national security along the petrochemical and Port of Houston
corridors; to provide an adequate means of emergency evacuation for cities within the Houston-Galveston
Metropolitan Area; and to provide the Department of Defense a road network capable of serving it's
regional needs.
2008.
PASSED,APPROVEDANDADOPTEDONTHlsa<S,l DAY OF ~;- ,
lli~y~
Mayor, City of
ATTEST:
'--hI AztLLc:;;{/A-
16
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:
Requested By: Stephen L. Barr
Source of Funds:
Department:
Account Number:
Report: _Resolution: _Ordinance: -L
Amount Budgeted:
N/A
Exhibits:
Interlocal Agreement
Amount Requested:
N/A
Exhibits:
Bud eted Item:
YES
NO N/A
Exhibits:
SUMMARY & RECOMMENDATION
In May 2005 the City of La Porte and the City of Shoreacres issued a Joint Resolution to pursue a Coastal
Management Program Cycle 11 grant to fund the purchase and development of a proposed joint venture
park, approximately 1.8 acres in size, on the north bank, west fork of Taylor Bayou in south La Porte. The
property is being acquired by the City of Shoreacres and ifboth cities approve, will be operated as a passive
park.
Now we are proposing an Interlocal Agreement to set up the development and operation of the proposed
park. The agreement will provide for a joint Design Concept Memorandum to determine the proposed
development and costs, of which La Porte's share is expected to be small enough to be absorbed within the
operating budget.
The agreement calls for the City of La Porte's expected contribution: a possible installation of a bark mulch
nature trail, two crushed granite parking spaces, benches, a kayak/canoe landing (already in place) and litter
control for the park. Both city's residents will have access to the park under the agreement. It will be
operated as a passive park for kayakers, birdwatchers, and nature lovers.
/
Ron Bottoms, City Manager
~lJt frIO
Date '
THE STATE OF TEXAS S
COUNTY OF HARRIS S
Park Acquisition, Development, and Operation Joint Use Interlocal Cooperation
Agreement
THIS INTERLOCAL COOPERA nON AGREEMENT is made and entered into on this
25th day of August , 2008, by and between the City of Shoreacres,
a municipal corporation under the laws of the State of Texas, herein referred to as
SHOREACRES," and the City of La Porte, a municipal corporation under the laws ofthe
State of Texas, herein referred to as "LA PORTE".
WITNESSETH:
WHEREAS, the Texas State Legislature has authorized the use of Interlocal
Cooperation Agreements between and among governmental entities; and
WHEREAS, this Interlocal Cooperation Agreement is made under the authority granted
by and pursuant to the Interlocal Cooperation Act, [Article 4413 (32c)
V.T.C.S.] and [Article6081t, V.A.C.S.], and as otherwise provided herein,
relative to the joint authorizations by the respective City Councils of
SHOREACRES and LA PORTE to acquire, develop and operate a park on
property to be owned by SHOREACRES, jointly for the purpose of
providing recreational opportunities for the residents of the
SHOREACRES and LA PORTE, and
WHEREAS, the Coastal Coordination Council has selected this project for partial grant
funding for the park acquisition through its Coastal Management Program
Grant Cycle 12, and
/
WHEREAS, SHOREACRES and LA PORTE further find that the performance of this
agreement is in the common public interest of the parties, and that the
funding and services to be provided by LA PORTE fairly compensates
SHOREACRES for the use of the park and facilities identified in
A TT ACHMENT "A" attached here to and incorporated herein for all
purposes, such property to be owned by SHOREACRES for passive,
nature-based recreation; and
WHEREAS, SHOREACRES and LA PORTE agree that the park on SHOREACRES
owned property identified on Attachment "A" shall be used jointly by LA
PORTE and SHOREACRES for the purpose of providing recreational
opportunities for the citizens of SHOREACRES and LA PORTE, with LA
PORTE and SHOREACRES having proportionate use as set out herein;
SHOREACRES - La Porte Interlocal Agreement for JOINT TAYLOR BAYOU PARK, Page 1 of9
NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual agreements
contained herein, the parties here to do hereby agree as follows:
1. SHOREACRES and LA PORTE hereby, through their respective City Councils
agree to acquire, develop, and operate a passive use park dedicated to the
preservation and enjoyment of the natural environment for the citizens of
SHOREACRES and LA PORTE. Adoption of this Agreement and amendments
thereto shall be by Ordinance. Ordinance adoption shall be completed by the
parties in a timely manner so that the effective date of each ordinance adopting
this Interlocal Agreement will occur on or before August 30, 2008 or as soon as
possible thereafter.
2. This project involves a 1.833 acre passive use, nature-based, hereinafter called
"JOINT TAYLOR BAYOU PARK", The JOINT TAYLOR BAYOU PARK may
include but not be limited to, the design, construction, and operaticm of:
. Crushed granite or mulch walking trails
. Small parking area
. Benches
. Kayak/canoe landing
. Such other elements or amenities that SHOREACRES and LA PORTE
determines would benefit the JOINT TAYLOR BAYOU PARK or its public
features.
All facilities or improvements at the Park must be approved by both cities before
installation.
3. LA PORTE is willing to contribute funds toward the costs of the construction of
Phase 1 improvements (which may be, but are not limited to, the trails and
parking area) and regular park maintenance of the JOINT TAYLOR BAYOU
P ARK, provided that SHOREACRES will contribute the full amount of the
local share of the purchase price of the land to be used as the JOINT T AYLOR
BAYOU PARK. Both cities will administer the design and construction of the
JOINT TAYLOR BAYOU PARK.
4. Unless this Agreement is amended and additional funds are thereby made
available, it is expressly understood and agreed that SHOREACRES and LA
PORTE have available the monies necessary to satisfy their obligations under
this Agreement.
Article I.
DESIGN AND CONSTRUCTION
1.1 After execution of this Agreement and within sixty (60) days or as soon as
possible thereafter, SHOREACRES and LA PORTE representatives will approve
SHOREACRES - La Porte lnterlocal Agreement for JOINT TAYLOR BAYOU PARK, Page 2 of 9
a Design Concept Memorandum for Phase 1 of the JOINT T AYLOR BAYOU
P ARK that lays out the facilities and improvements to be constructed by La Porte
as a part of this agreement.
1.2 LA PORTE shall administer the construction of the approved improvements and
facilities.
1.3 The sharing of the costs of the construction of any subsequent improvements, as
needed, will be laid out in amendments to this agreement and as agreed upon by
both City Councils.
Article II.
OPERATIONS
11.1 During the term of this Agreement, and any extensions thereof, SHOREACRES
agrees to provide adequate police and fire protection and other necessary
emergency services for the facilities at all times, and shall especially guard the
property from abuse through vandalism or wanton destruction. SHOREACRES
and LA PORTE shall perform and exercise all rights, duties and functions and
services in compliance with all applicable Federal, State and local laws and
regulations. SHOREACRES and LA PORTE are authorized to establish necessary
rules and regulations as may be required to ensure the safe and orderly operation
of recreational programs and the facilities.
II.2 LA PORTE shall provide necessary maintenance for the park and its
improvements, which may include trash removal and minimal mowing.
11.4 SHOREACRES and LA PORTE residents will have equal and unlimited access to
the park and its amenities.
Article III.
INDEMNITY
III. 1 To the extent allowed by law, LA PORTE and SHOREACRES do hereby
release, indemnify and hold each other and their respective officials, agents and
employees, in both their public and private capacities, harmless from any and all
liability, claims, costs and expenses arising out of the performance of this
agreement due to their own respective negligence or that of their officials,
officers, employees or students. It is expressly understood and agreed that in the
execution of this contract, neither LA PORTE nor SHOREACRES waives, nor
shall be deemed to waive, any immunity or defense that would otherwise be
available to each against claims arising in the exercise of governmental powers
and functions.
SHOREACRES - La Porte lnterlocal Agreement for JOINT TAYLOR SA YOU PARK, Page 3 of9
Article IV.
INSURANCE
IV.1 During the term of this Agreement, and any extensions thereof, SHOREACRES
shall keep and maintain a comprehensive genera11iability policy, with LA PORTE
as Additional Named Insured, with limits of liability of not less than Three
Million Dollars ($3,000,000.00) combined single limit bodily injury and property
damage per occurrence, with a maximum deductible of One Thousand
($1,000.00) per occurrence, for participants in SHOREACRES sponsored events
and/or activities utilizing the facilities indicated on ATTACHMENT "A". Thirty
(30) days prior notice of policy cancellation shall be provided to LA PORTE.
Effective policy must not exclude participants in any scheduled or unscheduled
activities at the facilities. Other policy exclusions are permissible, provided that
they do not contradict the terms of this Agreement. SHOREACRES shall furnish
LA PORTE with a Certificate of Insurance evidencing such coverage. Such
insurance shall include contractual liability insuring the indemnity agreements
contained in this Agreement.\
IV.2 During the term of this Agreement, and any extensions thereof, LA PORTE shall
keep and maintain a comprehensive general liability policy, with SHOREACRES
as Additional Named Insured, with limits of liability of not less than Three
Million Dollars ($3,000,000.00) combined single limit bodily injury and property
damage per occurrence, with a maximum deductible of One Thousand
($1,000.00) per occurrence, for participants in LA PORTE sponsored events
and/or activities utilizing the facilities indicated on ATTACHMENT "A". Thirty
(30) days prior notice of policy cancellation shall be provided to SHOREACRES.
Effective policy must not exclude participants in any scheduled or unscheduled
activities at the facilities. Other policy exclusions are permissible, provided that
they do not contradict the terms of this Agreement. LA PORTE shall furnish
SHOREACRES with a Certificate of Insurance evidencing such coverage. Such
insurance shall include contractual liability insuring the indemnity agreements
contained in this Agreement.
Article V.
TERM
V.1 The term of this agreement shall be for a period of forty (40) years commencing
on the date of passage by the party last to ratify, unless terminated by either party
by notice in writing not less than sixty (60) days prior to the current term in
accordance with the Termination procedures as designated in Article IX.
V.2 At the end of the term of the Agreement, both the SHOREACRES and LA
PORTE have the option to continue the Agreement for two (2) additional five (5)
SHOREACRES - La Porte Interlocal Agreement for JOINT TAYLOR BAYOU PARK, Page 4 of9
year terms. Such option shall be executed in wntmg by the Mayor of
SHOREACRES, or hislher designee, and the City Manager of LA PORTE, or
hislher designee. Should either party choose not to exercise their option, the
Agreement shall be considered at an end. During the term of this Agreement,
SHOREACRES and LA PORTE may enter into separate Agreements regarding
future capital improvement projects or other baseball/softball facilities that may
be contemplated in the cities, except that any capital improvement made by one
party will require the prior written approval of the other party.
Article VI.
ENTIRE AGREEMENT
VL1 This instrument contains the entire Agreement between the parties relating to the
rights granted in the agreement and the obligations assumed as a part of the
Agreement. Any representations or modifications concerning this agreement shall
have no force or effect unless modified in writing, and signed by each party to the
Agreement.
Article VII.
SEVERABILITY
VIL1 In case anyone (1) or more of the provisions contained herein shall for any reason
be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or un-enforceability shall not affect any other provision thereof, and this
agreement shall construed as if such invalidity, illegality or un-enforceable
provision had never been contain herein.
Article VIII.
AUTHORITY
VIII. I The undersigned officers and/or agents authorized to execute this contract on
behalf of the partied hereto, and each party hereto certifies to the other that any
necessary resolutions extending such authority have been duly passed and are now
in full force and effect.
~
Article IX.
TERMINATION
IX. I SHOREACRES may terminate the term of this agreement if and in the event LA
PORTE fails or refuses to perform anyone or more of its obligations which are to
be performed during the term of this agreement, for ordinary mismanagement of the
facilities under the control of LA PORTE as listed in Attachment "B", or for
permitting deterioration of any part of the said premises by failure to maintain and
keep same in a proper state of repair. SHOREACRES shall not take any action or
recourse against LA PORTE for any default in the performance of LA PORTE'S
SHOREACRES - La Porte lnterlocal Agreement for JOINT TAYLOR SA YOU PARK, Page 5 of9
obligations, or any breach of this agreement by LA PORTE, until sixty (60) days
after SHOREACRES has given LA PORTE written notice setting out in detail the
type and nature of the default or breach, and the failure of LA PORTE to cure such
default or breach within such sixty (60) day period. Any equipment remaining on
the property after such thirty (30) day period shall be considered a part of the land
and shall be the property of SHORE ACRES.
IX.2 LA PORTE may terminate the term of this agreement if and in the event
SHOREACRES fails or refuses to perform anyone or more of its obligations which
are to be performed during the term of this agreement, for ordinary mismanagement
of the facilities under the control of SHOREACRES as listed in Attachment "B",
or for permitting deterioration of any part of the said premises by failure to
maintain and keep same in a proper state of repair. LA PORTE shall not take any
action or recourse against SHOREACRES for any default in the performance of
SHOREACRES'S obligations, or any breach of this agreement by
SHOREACRES, until sixty (60) days after LA PORTE has given SHOREACRES
written notice setting out in detail the type and nature of the default or breach, and
the failure of SHOREACRES to cure such default or breach within such sixty (60)
day period. In the event of such termination, LA PORTE shall have the right to be
compensated and SHOREACRES has the obligation to compensate LA PORTE
for the amortized and pro-rated value of its contribution to the Joint Venture park
based on the original agreement term of forty (40) years.
Article X.
REMEDIES
X.l No right or remedy granted or reserved to the parties, is exclusive of any other
right or remedy herein by law or equity provided or permitted; but each shall be
cumulative of every other right or remedy given hereunder. No covenant or
condition of this agreement may be waived without written consent of the parties.
Forbearance or indulgence by either party shall not constitute a waiver of any
covenant or condition to be performed pursuant to this agreement.
Article XI.
APPLICABLE LAW
XLI This agreement is governed by the laws of the State of Texas; any venue for any
action shall be in courts of competent jurisdiction of Harris County, Texas.
Article XII.
SUCCESSORS AND ASSIGNS
XILI This agreement is binding on the successors, executors, administrators and assigns
of the parties to this agreement. Neither LA PORTE nor SHOREACRES will
assign, sublet, subcontract or transfer agreement without the written consent of the
SHOREACRES - La Porte Interlocal Agreement for JOINT TAYLOR BAYOU PARK, Page 6 of 9
other party. No assignment delegation of duties or subcontract under this
agreement will be effective without the prior written consent of the other party.
Article XIII.
NOTICES
XIII.1 All notices required or permitted hereunder shall be in writing and shall be
deemed delivered when actually received or, if earlier, on the third day
following deposit in a United States Postal Service post office or receptacle with
proper postage affixed (certified mail, return receipt requested) addressed to the
respective other party at the address prescribed hereinbelow or at such other
address as the other party may have theretofore prescribed by notice to the
sending party. Address for notice shall be as follows:
SHOREACRES:
City of SHOREACRES
601 Shoreacres Boulevard
Shoreacres, TX 77571
Attn: City Administrator
LA PORTE:
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571-6215
Attn: Director of Parks & Recreation Department
Article XIV.
RECITALS AND ATTACHMENTS
XIV.1 The recitals and attachments to this agreement are incorporated herein.
SHOREACRES - La Porte Interlocal Agreement for JOINT TAYLOR BAYOU PARK, Page 7 of9
IN TESTIMONY WHEREOF, this instrument has been executed in duplicate
counterparts, each to have equal force and effect of an original, has been executed on
behalf of the parties hereto as follows:
a. It has on the day of 2008, been
executed on behalf of the City of SHOREACRES by the Mayor and
attested by its City Secretary, pursuant to ordinance of the City Council
of the City of SHOREACRES authorizing such execution.
b. It has on the day of 2008, been
executed on behalf of the City by the City Manager and attested by its
City Secretary, pursuant to ordinance of the City Council of the City of
La Porte authorizing such execution.
CITY OF SHOREACRES
John Washington, Mayor
ATTEST:
......'....,.
David K. Stall, City Secretary
APPROVED AS TO FORM:
Dick Gregg, Jr., City Attorney
CITY OF LA PORTE
Ron Bottoms, City Manager
ATTEST:
~!ioU.tll
Martha Gillett, City Secretary
AP:;::t::::iO FORM. :
. r~
Clark T. Askins, Assistant City Attorney
SHOREACRES - La Porte Interlocal Agreement for JOINT TA YLORBAYOU PARK, Page 8 of9
ATTACHMENT "A"
Block 41, Lot 18B, Shoreacres (1.833 acres).
SHOREACRES - La Porte Interlocal Agreement for JOINT TAYLOR BAYOU PARK, Page 9 of9
ORDINANCE NO. 2008-
174:6LGj)
1{ :;(5{ Q(
AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF LA PORTE AND THE CITY OF SHOREACRES, FOR
OPERATION OF JOINT NATURE BASED PARK ON TAYLOR BAYOU, MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the City Secretary. The city Manager is hereby authorized to
execute such document and all related documents on behalf of the
City of La Porte.
The City Secretary is hereby authorized to
attest to all such signatures and to affix the seal of the City to
all such documents.
section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
/nJ\t&
91tL~ ()~
PASSED AND APPROVED, this 25th day of August, 2008.
CI~y~
By:
Alton E. Porter
Mayor
ATTEST:
0YI JUi" t1,~
Martha A. Gillett
City Secretary
APPROVED:
cti~i:r 4~
City Attorney
2
17
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By:
Stephen L. Barr
Appropriation
Agenda Date Requested:
Fund 1 '5, Fund 4&
Department:
Parks & Recreation
Acc't Number:
048-9892-975-1100
015-9892-975-1100
Report:
Resolution: _Ordinance:
Amount Budgeted:
$4,100,000
Attachments:
Agreement
Requested:
$317,000
Attachments:
Bud eted Item:
YES X NO
Attachments:
SUMMARY & RECOMMENDATION
As was discussed and authorized by Ordinance in the August 11 th City Council meeting, we are now ready
to proceed with our plan to re-develop the park property on Canada Road as a combination passive
park/baseball complex for the residents of La Porte according to the Design Concept Memorandum
for the proposed park. Randall-Porterfield Architects, Inc. has been chosen to continue the design
process based on their experience in the provision of park development services for the City of La
Porte and other cities, particularly sports complex experience.
Staff has worked with the firm to develop an agreement outlining the proposed design
services, bid preparation, and construction monitoring of the development through the Construction
Manager at Risk form of procurement for the Westside Park property on Canada Road. Mr. Randall
will work with the Construction Manager at Risk, once that individual has been selected, to
incorporate value engineering into the project to provide the product at a not to exceed cost.
The base cost of services for the project is $302,000 with supplemental and reimbursable costs
of $15,000 to be used on an "as needed" basis. The base cost of services is 8 % overall, for the
budgeted funds for this project, which is in line with its size. The funding for this project has been
established based on the FY08-09 budget process and funding is available in Fund 15 for this project.
Staff recommends approving and authorizing an agreement between the City of La Porte and Randall-
Porterfield Architects, Inc. to provide design services, bid, and construction monitoring for the West Side
Park Property according to the agreement provided.
Action Required bv Council:
Consider approving and authorizing an agreement between the City of La Porte and Randall-
Po erfield Architects, Inc., and appropriating a sum not to exceed $317,000 from Fund 48, to provide
desi services, bid, and construction monitoring for the West Side Park Property according to the
agr e t provided.
enda
~/08
Date
-
1< t\
. .
r_ I_l.____l _ _
August 20, 2008
Ron Bottoms
City Manager
City of La Porte
Re: Wests ide Park Ball Fields
Dear Ron,
Please find attached (2) original AlA Document BiOi 92007 Standard Form of Agreement Between The
Owner and Architect for the above project for City Council consideration during the August 25th Council
Meeting.
Our Construction Assessment supports a value of $3,604,510 plus contingency, inflation, and fees for a
project budget of approximately $4,103,898. Our architectural proposal is based on 8% of the
Construction Cost as adjusted.
The Construction Manager At Risk selection phase should commence in the next several weeks to allow
for this project budget and development to move forward.
We thank you for this opportunity to once again assist the City of La Porte in expanding your recreational
facilities.
Sincerely,
<-7/DI;)//J
T;tJ. ~~
Robert A. Randall
Cc: Stephen Barr, Parks Director
565 FM 270 North
League City, TX 77573
G:ljobslClty of La PortelLaPorte Park SiteslLetter-Stephen Barr Westside Park 8-20-08.doc
281-332-6680
Fax: 281-316-6920
,,~AIA Document 8101'" - 2007
Standard Form of Agreement Between Owner and Architect
AGREEMENT made as of the Twenty-fifth day of August in the year Two Thousand
Eight
(In words, indicate day, month and year)
BETWEEN the Architect's client identified as the Owner:
(Name, address and other information)
City of La Porte
1322 South Broadway
La Porte, Texas 77572
Telephone Number: 281-470-7275
Fax Number: 281-470-1361
and the Architect:
(Name, address and other information)
Randall-Porterfield Architects, Inc. A.LA.
565 PM 270 North
League City, Texas 77573
Telephone Number: 281-332-6680
Fax Number: 281-316-6920
for the following Project:
(Name, location and detailed description)
City of La Porte - Westside Park Project
3600 Canada Road
La Porte, Texas 77571
The Owner and Architect agree as follows.
A. The park boundary includes the detention structure along the south
the 33.65 acres park site and into the southern adjacent property.
end of
B. The construction budget is approximately 4,103,898 and should the budget
increase the Architect shall be compensated at 8% of the actual additional
construction cost.
C. The initial budget is more clearly outlined in "Exhibit A" Preliminary
Construction Budget with Site Sketch (llx17) dated 7/25/08 and Professional
Services Assessment (Exhibit B) dated August 8, 2008. the Architects fee for
Basic Services includes the structural, MEP, Civil and Structural Engineering
fees, and coordination.
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the original
AlA standard form. An Additions and
Deletions Report that notes added
information as well as revisions to
the standard form text is available
from the author and should be
reviewed. A vertical line in the left
margin of this document indicates
where the author has added
necessary information and where
the author has added to or deleted
from the original AlA text.
This document has important legal
consequences. Consultation with an
attorney is encouraged with respect
to its completion or modification.
D. The. City agrees to provide the boundary survey, topographic data and soils
investigation report for the project. The City also agrees to assist the Architect in
the review and approval of civil drainage, water, and sewer improvements to the
site. The required drawings for the civil work are included in the Architect's fee
for Basic Services. The City may enter into a Lease/Purchase Agreement with
Musco Lighting for the poles and fixtures for up to (10) lighted baseball fields.
AlA Document B101™ -2007 (formerly B151™ -1997). Copyright @1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 1
this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AlA software at 10:03:13 on 08/20/2008 under Order No.1 000326842_1 which expires on 10/18/2008, and is
not for resale.
User Notes: (922336320)
Init.
TABLE OF ARTICLES
1 INITIAL INFORMATION
2 ARCHITECT'S RESPONSIBILITIES
3 SCOPE OF ARCHITECT'S BASIC SERVICES
4 ADDITIONAL SERVICES
5 OWNER'S RESPONSIBILITIES
6 COST OF THE WORK
7 COPYRIGHTS AND LICENSES
8 CLAIMS AND DISPUTES
9 TERMINATION OR SUSPENSION
10 MISCELLANEOUS PROVISIONS
11 COMPENSATION
12 SPECIAL TERMS AND CONDITIONS
13 SCOPE OF THE AGREEMENT
EXHIBIT A INITIAL INFORMATION
ARTICLE 1 INITIAL INFORMATION
~ 1.1 This Agreement is based on the Initial Information set forth in this Article 1 and in optional Exhibit A, Initial
Information:
(Complete Exhibit A, Initial Information, and incorporate it into the Agreement at Section 13.2, or state below
Initial Information such as details of the Project's site and program, Owner's contractors and consultants,
Architect's consultants, Owner's budgetfor the Cost of the Work, authorized representatives, anticipated
procurement method, and other information relevant to the Project.)
~ 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are
set forth below:
.1 Commencement of construction date:
December 1 st, 2008
.2 Substantial Completion date:
October 1 st, 2010
~ 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such
information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the
schedule, the Architect's services and the Architect's compensation.
ARTICLE 2 ARCHITECT'S RESPONSIBILITIES
~ 2.1 The Architect shall provide the professional services as set forth in this Agreement.
AlA Document 8101 TM - 2007 (formerly 8151 TM - 1997). Copyright @ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 2
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~ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by
architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall
perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of
the Project.
~ 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the
Project.
~ 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise the Architect's professional
judgment with respect to this Project.
~ 2.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the
requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall
reimburse the Architect for any additional cost:
(Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if
any.)
.1 Worker's Compensation
Statutory
.2 Employer's Liability
$1,000,000
.3 General Liability, General Aggregate
$500,000
.4
(Paragraphs deleted)
Each Occurrence (Bodily Injury and Property Damage)
$1,000,000
.5 Excess Umbrella Liability, General Aggregate
$500,000
.6 Automobile Liability
$500,000
.7 Professional Liability, Each Occurrence
$1,000,000
Aggregate
$500,000
ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES
~ 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary
structural, mechanical, and electrical engineering services. Services not set forth in Article 3 are Additional Services.
~ 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design
criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner.
~ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's
consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information
AlA Document 8101 TM - 2007 (formerly 8151 TM - 1997). Copyright @ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AlA software at 10:03:13 on 08/20/2008 under Order NO.1 000326842_1 which expires on 10/18/2008, and is
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furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the
Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information.
~ 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a
schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the
commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.
The schedule shall include allowances for periods of time required for the Owner's review, for the performance of
the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once
approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded
by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary as the
Project proceeds until the commencement of construction.
~ 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's
approval.
~ 3.1.5 The Architect shall, at appropriate times, contact the governmental authorities required to approve the
Construction Documents and the entities providing utility services to the Project. In designing the Project, the
Architect shall respond to applicable design requirements imposed by such governmental authorities and by such
entities providing utility services.
~ 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents
required for the approval of governmental authorities having jurisdiction over the Project.
~ 3.2 SCHEMATIC DESIGN PHASE SERVICES
~ 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws,
codes, and regulations applicable to the Architect's services.
~ 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost
of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in
terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any
inconsistencies discovered in the information, and (2) other information or consulting services that may be
reasonably needed for the Project. Reference Preliminary Site Plan (11x17) presented to City Council on
August 11, 2008.
~ 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner
alternative approaches to design and construction of the Project, including the feasibility of incorporating
environmentally responsible design approaches. The Architect shall reach an understanding with the Owner
regarding the requirements of the Project.
~ 3.2.4 Based on the Project's requirements agreed upon with the Owner, the Architect shall prepare and present for
the Owner's approval a preliminary design illustrating the scale and relationship of the Project components.
~ 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design
Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other
documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may
include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of
major building systems and construction materials shall be noted on the drawings or described in writing.
~ 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and
building orientation, together with other considerations based on program and aesthetics, in developing a design that
is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other
environmentally responsible design services under Article 4.
~ 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together
with other considerations based on program and aesthetics in developing a design for the Project that is consistent
with the Owner's program, schedule and budget for the Cost of the Work.
AlA Document 8101 TM - 2007 (formerly 8151 TM - 1997). Copyright @ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4
this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AlA software at 10:03:13 on 08/20/2008 under Order No.1 000326842_1 which expires on 10/18/2008, and is
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~ 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with
Section 6.3.
~ 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's
approval.
~ 3.3 DESIGN DEVELOPMENT PHASE SERVICES
~ 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of
any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare
Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and
describe the development of the approved Schematic Design Documents and shall consist of drawings and other
documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building
systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and
electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also
include outline specifications that identify major materials and systems and establish in general their quality levels.
~ 3.3.2 The Architect shall update the estimate of the Cost of the Work.
~ 3.3.3 The Architect shall submit the Design Development documents to the Owner, advise the Owner of any
adjustments to the estimate of the Cost of the Work, and request the Owner's approval.
~ 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES
~ 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of
any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare
Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the
further development of the approved Design Development Documents and shall consist of Drawings and
Specifications setting forth in detail the quality levels of materials and systems and other requirements for the
construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor
will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals,
which the Architect shall review in accordance with Section 3.6.4.
~ 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental
authorities having jurisdiction over the Project.
~ 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the
development and preparation of (1) bidding and procurement information that describes the time, place and
conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and
Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions).
The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and
Specifications and may include bidding requirements and sample forms.
~ 3.4.4 The Architect shall update the estimate for the Cost of the Work.
~ 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments
to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's
approval.
~ 3.5 BIDDING OR NEGOTIATION PHASE SERVICES
~ 3.5.1 GENERAL
The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's
approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive
bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid
or proposal, if any; and, (4) awarding and preparing contracts for construction.
~ 3.5.2 COMPETITIVE BIDDING (NOT USED) REFERENCE 3.53 NEGOTIATED PROPOSALS
~ 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents.
Init.
AlA Document 8101 TM - 2007 (formerly 8151 TM - 1997). Copyright @ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 5
this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AlA software at 10:03:13 on 08/20/2008 under Order No.1 000326842_1 which expires on 10/18/2008, and is
not for resale.
User Notes: (922336320)
(Paragraphs deleted)
g 3.5.3 NEGOTIATED PROPOSALS
g 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents.
g 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by
.1 procuring the reproduction of Proposal Documents for distribution to prospective contractors, and
requesting their return upon completion of the negotiation process;
.2 organizing and participating in selection interviews with prospective contractors; and
.3 participating in negotiations with prospective contractors, and subsequently preparing a summary
report of the negotiation results, as directed by the Owner.
g 3.5.3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and
shall prepare and distribute addenda identifying approved substitutions to all prospective contractors.
g 3.6 CONSTRUCTION PHASE SERVICES
g 3.6.1 GENERAL
g 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set
forth below and in AlA Document A20 I TM_2007, General Conditions of the Contract for Construction. If the Owner
and Contractor modify AlA Document A201-2007, those modifications shall not affect the Architect's services
under this Agreement unless the Owner and the Architect amend this Agreement.
g 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The
Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The
Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the
Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the
Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not
have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other
persons or entities performing portions of the Work.
g 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences
with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate
for Payment.
g 3.6.2 EVALUATIONS OF THE WORK
g 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise
required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work
completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the
Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not
be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On
the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of
the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and
from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in
the Work.
~ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever
the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or
testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is
fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith
either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the
Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities
performing portions of the Work.
AlA Document 6101 TM - 2007 (formerly 6151 TM - 1997). Copyright @ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AlA software at 10:03:13 on 08/20/2008 under Order No.1 000326842_1 which expires on 10/18/2008, and is
not for resale.
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~ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the
Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests
shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
~ 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable
from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations
and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not
show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The
Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the
Contract Documents.
~ 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that
term is defined in AlA Document A201-200?, the Architect shall render initial decisions on Claims between the
Owner and Contractor as provided in the Contract Documents.
~ 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR
~ 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such
amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the
Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's
Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has
progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents.
The foregoing representations are subject (I) to an evaluation of the Work for conformance with the Contract
Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of
minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by
the Architect.
~ 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (I) made
exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction
means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to
payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of
the Contract Sum.
~ 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.
~ 3.6.4 SUBMITTALS
~ 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold
approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal
schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient
time in the Architect's professional judgment to permit adequate review.
~ 3.6.4.2 In accordance with the Architect-approved submittal schedule, the Architect shall review and approve or
take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples,
but only for the limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy
and completeness of other information such as dimensions, quantities, and installation or performance of equipment
or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety
precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods,
techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an
assembly of which the item is a component.
~ 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or
certifications by a design professional related to systems, materials or equipment, the Architect shall specify the
appropriate performance and design criteria that such services must satisfy. The Architect shall review shop
drawings and other submittals related to the Work designed or certified by the design professional retained by the
Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be
AlA Document 81 OpM - 2007 (formerly 815pM - 1997). Copyright @ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AlA software at 10:03:13 on 08/20/2008 under Order No.1 000326842_1 which expires on 10/18/2008, and is
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entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals
performed or provided by such design professionals.
~ 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information
about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests
for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the
specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The
Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with
reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and
Specifications in response to requests for information.
~ 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in
accordance with the requirements of the Contract Documents.
~ 3.6.5 CHANGES IN THE WORK
~ 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract
Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to
the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the
Owner's approval and execution in accordance with the Contract Documents.
~ 3.6.5.2 The Architect shall maintain records relative to changes in the Work.
~ 3.6.6 PROJECT COMPLETION
~ 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the
date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to
the Owner, for the Owner's review and records, written warranties and related documents required by the Contract
Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection
indicating the Work complies with the requirements of the Contract Documents.
~ 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the
requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the
Contractor of Work to be completed or corrected.
~ 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the
balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the
Contract Sum, if any, for final completion or correction of the Work.
~ 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1)
consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2)
affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other
documentation required of the Contractor under the Contract Documents.
~ 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion,
the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility
operations and performance.
ARTICLE 4 ADDITIONAL SERVICES
~ 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The
Architect shall provide the listed Additional Services only if specifically designated in the table below as the
Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2.
(Designate the Additional Services the Architect shall provide in the second column of the table below. In the third
column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit,
identify the exhibit.)
AlA Document 81 01TM - 2007 (formerly 8151 TN - 1997). Copyright @ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 8
this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AlA software at 10:03:13 on 08/20/2008 under Order No.1 000326842_1 which expires on 10/18/2008, and is
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Additional Services Responsibility Location of Service Description
(Architect, Owner (Section 4.2 below or in an exhibit
or attached to this document and identified
Not Provided) below)
Owner Design Memorandum 7/29/08
4.1.1 Programming (Exhibit C)
4.1.2 Multiple preliminary designs Architect
4.1.3 Measured drawings Not Provided
4.1.4 Existing facilities survevs Owner
4.1.5 Site Evaluation and Planning (B203™_2007) Not Required
4.1.6 Building information modeling Not Reauired
4.1.7 Civil engineering Architect
~ 4.1.8 Landscape design Architect and Owner
4.1.9 Architectural Interior Design (B252™_2007) Not Required
4.1.10 Value Analysis (B204™_2007) Not Required
4.1.11 Detailed cost estimating Construction Manager
4.1.12 On-site proiect reoresentation Construction Manager
4.1.13 Conformed construction documents Architect
4.1.14 As-designed record drawings Architect
4.1.15 As-constructed record drawings Construction Manager
4.1.16 Post occupancy evaluation Not Reauired
4.1.17 Facility Suooort Services (B210™-2007) Not Reauired
4.1.18 Tenant-related services Not Required
~ 4.1.19 Coordination of Owner's consultants Owner
~ 4.1.20 Telecommunications/data design Not Required
~ 4.1.21 Security Evaluation and Planning (B206™- Not Required
2007)
4.1.22 Commissioning (B21 FM_2007) Not Reauired
4.1.23 Extensive environmentally responsible design Not Required
4.1.24 LEED"" Certification (B214™-2007) Not Required
4.1.25 Fast-track design services Architect
4.1.26 Historic Preservation (B205TM.-2007) Not Required
~4.1.27 Furniture, Finishings, and Equipment Design Owner
(B253™-2007)
~ 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not
further described in an exhibit attached to this document.
~ 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement.
Except for services required due to the fault of the Architect, any Additional Services provided in accordance with
this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in
the Architect's schedule.
Init.
~ 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner
with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not
proceed to provide the following services until the Architect receives the Owner's written authorization:
.1 Services necessitated by a change in the Initial Information, previous instructions or approvals given
by the Owner, or a material change in the Project including, but not limited to, size, quality,
complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery
method;
.2 Services necessitated by the Owner's request for extensive environmentally responsible design
alternatives, such as unique system designs, in-depth material research, energy modeling, or LEED@
certification;
AlA Document B10FM - 2007 (formerly B151Thf -1997). Copyright @ 1974,1978,1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 9
this AlA"' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AlA software at 10:03:13 on 08/20/2008 under Order NO.1 000326842_1 which expires on 10/18/2008, and is
not for resale.
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.3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or
revision of codes, laws or regulations or official interpretations;
.4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure
of performance on the part of the Owner or the Owner's consultants or contractors;
.5 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner
authorized recipients;
.6 Preparation of design and documentation for alternate bid or proposal requests proposed by the
Owner;
.7 Preparation for, and attendance at, a public presentation, meeting or hearing;
.8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where
the Architect is party thereto;
.9 Evaluation of the qualifications of bidders or persons providing proposals;
.10 Consultation concerning replacement of Work resulting from fire or other cause during construction;
or
,11 Assistance to the Initial Decision Maker, if other than the Architect.
~ 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services,
notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the
Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt
written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those
services:
.1
.2
Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the
Architect;
Responding to the Contractor's requests for information that are not prepared in accordance with the
Contract Documents or where such information is available to the Contractor from a careful study
and comparison of the Contract Documents, field conditions, other Owner-provided information,
Contractor-prepared coordination drawings, or prior Project correspondence or documentation;
Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's
proposals and supporting data, or the preparation or revision of Instruments of Service;
Evaluating an extensive number of Claims as the Initial Decision Maker;
Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to
Instruments of Service resulting therefrom; or
To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60
days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of
Substantial Completion identified in Initial Information, whichever is earlier.
.3
.4
.5
.6
~ 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional
Services. When the limits below are reached, the Architect shall notify the Owner:
.1 (2) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the
Contractor
.2 ( 24 ) visits to the site by the Architect over the duration of the Project during construction
.3 () inspections for any portion of the Work to determine whether such portion of the Work is
substantially complete in accordance with the requirements of the Contract Documents
.4 (2) inspections for any portion of the Work to determine final completion
~ 4.3.4 If the services covered by this Agreement have not been completed within (15) months of the date of
this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be
compensated as Additional Services.
ARTICLE 5 OWNER'S RESPONSIBILITIES
~ 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner
regarding requirements for and limitations on the Project, including a written program which shall set forth the
Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility,
expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request
from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to
evaluate, give notice of or enforce lien rights.
Init.
AlA Document B1 01TM - 2007 (formerly B151TM - 1997). Copyright @ 1974, 1978. 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 10
this AlA'" Document, or any portion of it. may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
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~ 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget
for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies
related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the
Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding
change in the Project's scope and quality.
~ 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.
The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid
unreasonable delay in the orderly and sequential progress of the Architect's services.
~ 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for
the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as
applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands;
adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and
contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements
and trees; and information concerning available utility services and lines, both public and private, above and below
grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
~ 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test
borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic
evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil
conditions, with written reports and appropriate recommendations.
~ 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.
Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the
Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated
in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests
such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall
require that its consultants maintain professional liability insurance as appropriate to the services provided.
~ 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as
structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.
~ 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet the Owner's needs and interests.
~ 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or
defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service.
~ 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially
authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through
the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify
the Architect of any direct communications that may affect the Architect's services.
~ 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and
responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement.
The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor,
including the General Conditions of the Contract for Construction.
~ 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall
obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.
ARTICLE 6 COST OF THE WORK
~ 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all
elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs,
overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land,
AlA Document B101™ - 2007 (formerly B151™ -1997). Copyright @ 1974,1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 11
this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AlA software at 10:03:13 on 08/20/2008 under Order No.1 000326842_1 which expires on 10/18/2008, and is
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rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the
Owner.
~ 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted
throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of
the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared
by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither
the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of
determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot
and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost
of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect.
~ 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for
design, bidding and price escalation; to determine what materials, equipment, component systems and types of
construction are to be included in the Contract Documents; to make reasonable adjustments in the program and
scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the
estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the
Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner
requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under
Article 4.
~ 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the
Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the
Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
~ 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the
Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or
budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.
~ 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase
Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall
.1 give written approval of an increase in the budget for the Cost of the Work;
.2 authorize rebidding or renegotiating of the Project within a reasonable time;
.3 terminate in accordance with Section 9.5;
.4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce
the Cost of the Work; or
.5 implement any other mutually acceptable alternative.
~ 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall
modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the
conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The
Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this
Article 6.
ARTICLE 7 COPYRIGHTS AND LICENSES
~ 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the
transmitting party is the copyright owner of such information or has permission from the copyright owner to
transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of
Service or any other information or documentation in digital form, they shall endeavor to establish necessary
protocols governing such transmissions.
~ 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective
Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and
other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official
regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication
in derogation of the reserved rights of the Architect and the Architect's consultants.
AlA Document 8101 TN - 2007 (formerly 8151 TN - 1997). Copyright @ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 12
this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
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~ 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the
Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering
and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment
of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the
Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to
authorize the Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers, as well as the
Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely
and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates
this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate.
~ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of
Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising
from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the
Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes
of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of
the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner
rightfully terminates this Agreement for cause under Section 9.4.
~ 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied
under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license
granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the
Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's
consultants.
ARTICLE 8 CLAIMS AND DISPUTES
~ 8.1 GENERAL
~ 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or
otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the
method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in
any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect
waive all claims and causes of action not commenced in accordance with this Section 8.1.1.
~ 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against
each other and against the contractors, consultants, agents and employees of the other for damages, except such
rights as they may have to the proceeds of such insurance as set forth in AlA Document A20l-2007, General
Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the
contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties
enumerated herein.
~ 8.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question
arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential
damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7.
~ 8.2 MEDIATION
~ 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien
arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with
the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.
8.2.2 Before resorting to mediation as required under Section 8.2.1 of this Agreement, the parties will attempt in
good faith to resolve any controversy or claim arising out of or relating to this agreement promptly by negotiation
between senior executives/representatives of the parties who have authority to settle the controversy. The disputing
party shall give the other party written notice of the dispute. Within ten days after receipt of said notice, the
receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of
each party's position and a summary of the evidence and arguments supporting its position, and (b) the name and
title of the executive/representative who will represent that party. The executive/representative shall meet at a
Init.
AlA Document 8101 TN - 2007 (formerly 8151 TN - 1997). Copyright @ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AlA software at 10:03:13 on 08/20/2008 under Order No.1 000326842_1 which expires on 10/18/2008. and is
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mutually acceptable time and place within twenty days of the date of the disputing party's notice and thereafter as
often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute.
If the controversy or claim has not been resolved within thirty days of the meeting of the senior
executives/representatives, the parties shall attempt to settle the dispute by mediation pursuant to Section 8.2.1 of the
Agreement.
(Paragraphs deleted)
~ 8.2.3 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between
them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American
Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of
the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and
filed with the person or entity administering the mediation. The request may be made concurrently with the filing of
a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in
advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days
from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration
proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s)
and agree upon a schedule for later proceedings.
~ 8.2.4 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place
where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall
be enforceable as settlement agreements in any court having jurisdiction thereof.
~ 8.2.5 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding
dispute resolution shall be the following:
(Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below,
or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will
be resolved in a court of competent jurisdiction.)
[ X] Arbitration pursuant to Section 8.3 of this Agreement
[ ] Litigation in a court of competent jurisdiction
[ ] Other (Specify)
~ 8.3 ARBITRATION
~ 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any
claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by,
mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by
the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the
date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this
Agreement, and filed with the person or entity administering the arbitration.
~ 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for
mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based
on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute
of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the
arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other
matter in question.
~ 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity
duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in
any court having jurisdiction thereof.
AlA Document 81 01TM - 2007 (formerly 8151 TM - 1997). Copyright @ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 14
this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
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~ 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance
with applicable law in any court having jurisdiction thereof.
~ 8.3.4 CONSOLIDATION OR JOINDER
~ 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any
other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration
permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact;
and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
~ 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a
common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,
provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an
additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question
not described in the written consent.
~ 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this
Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and
Architect under this Agreement.
ARTICLE 9 TERMINATION OR SUSPENSION
~ 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be
considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension
of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give
seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the
Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of
services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses
incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining
services and the time schedules shall be equitably adjusted.
~ 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of
such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the
interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time
schedules shall be equitably adjusted.
~ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the
Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice.
~ 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party
fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating
the termination.
~ 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the
Owner's convenience and without cause.
~ 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services
performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as
defined in Section 9.7.
~ 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses
directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the
Architect's anticipated profit on the value of the services not performed by the Architect.
~ 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this
Agreement are set forth in Article 7 and Section 11.9.
AlA Document 8101 TM - 2007 (formerly 8151 TM - 1997). Copyright @ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of
this AlA"' Document. or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AlA software at 10:03:13 on 08/20/2008 under Order No.1 000326842_1 which expires on 10/18/2008, and is
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Init.
ARTICLE 10 MISCELLANEOUS PROVISIONS
~ 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the
parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern
Section 8.3.
~ 10.2 Terms in this Agreement shall have the same meaning as those in AlA Document A201-2007, General
Conditions of the Contract for Construction.
~ 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal
representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the
written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for
the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement.
~ 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be
submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests
the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute
all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the
Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or
consents that would require knowledge, services or responsibilities beyond the scope of this Agreement.
~ 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor
of a third party against either the Owner or Architect.
~ 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery,
presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any
form at the Project site.
~ 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the
Project among the Architect's promotional and professional materials. The Architect shall be given reasonable
access to the completed Project to make such representations. However, the Architect's materials shall not include
the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of
the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide
professional credit for the Architect in the Owner's promotional materials for the Project.
~ 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or
"business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it
to any other person except to (1) its employees, (2) those who need to know the content of such information in order
to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors
whose contracts include similar restrictions on the use of confidential information.
ARTICLE 11 COMPENSATION
~ 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as
follows: An Initial Payment of up to Ten Thousand, Three Hundred-Thirty Six Dollars and Sixty-Five Cents
($10,336.65) Invoice 13-Revised dated 7/30/08 from the previous agreement shall be applied to this agreement.
(Insert amount of, or basis for, compensation.)
8% of any increased cost over and above $3,775,000 construction cost.
~ 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows:
(Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of
compensation apply.)
Reimbursable Expenses Allowance $15,000 invoice cost plus 1.15 (10%) percent markup.
~ 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the
Owner shall compensate the Architect as follows:
(Insert amount of, or basis for, compensation.)
Init.
AlA Document Bl01™ - 2007 (formerly B151™ -1997). Copyright @ 1974,1978,1987,1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 16
this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
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Hourly per the attached Fee Policy sheet dated July 2005 (Exhibit B).
~ 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or
11.3, shall be the amount invoiced to the Architect plus 1.15 (15% ), or as otherwise stated below:
~ 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work,
the compensation for each phase of services shall be as follows:
Schematic Design Phase 45,300 percent 15 %)
Design Development Phase 60,400 percent 20 %)
Construction Documents 120,800 percent 40 %)
Phase
Bidding or Negotiation Phase 15,100 percent 5 %)
Construction Phase 60,400 percent 20 %)
Total Basic Compensation 302,0000ne hundred percent 100 %)
~ 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are
deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent
services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (I) the
lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of
the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance
with this Agreement for all services performed whether or not the Construction Phase is commenced.
~ 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth
below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review
practices.
(If applicable, attach an exhibit of hourly billing rates or insert them below.)
Not Applicable
Employee or Category
Principal Architect
Project Architect
Rate
$195.00 per/hr
$150.00 per/hr
~ 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES
~ 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include
expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows:
$15,000 Allowance included in this agreement.
.1 Transportation and authorized out-of-town travel and subsistence;
.2 Long distance services, dedicated data and communication services, teleconferences, Project Web
sites, and extranets;
.3 Fees paid for securing approval of authorities having jurisdiction over the Project;
.4 Printing, reproductions, plots, standard form documents;
.5 Postage, handling and delivery;
.6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner;
.7 Renderings, models, mock-ups, professional photography, and presentation materials requested by
the Owner;
.8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this
Project, or the expense of additional insurance coverage or limits if the Owner requests such
insurance in excess of that normally carried by the Architect's consultants;
.9 All taxes levied on professional services and on reimbursable expenses;
.10 Site office expenses; and
.11 Other similar Project-related expenditures.
AlA Document 8101'" - 2007 (formerly 8151'" -1997). Copyright @ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 17
this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AlA software at1 0:03:13 on 08/20/2008 under Order No.1 000326842_1 which expires on 10/18/2008, and is
not for resale.
User Notes: (922336320)
Init.
.12 reimbursable expenses as designated in Article 12;
.13 Soils investigation report and testing services.
.14 Texas Accessibility Standards (TAS) plan and site review fees (reference ARTICLE 12 OTHER CONDITIONS
OR SERVICES).
~ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the
Architect's consultants plus 1.15 ( 15% ) of the expenses incurred.
~ 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE
If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this
Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of
the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project as
follows:
~ 11.10 PAYMENTS TO THE ARCHITECT
~ 11.10.1 An initial payment of Ten Thousand, Three Hundred Thirty-Six Dollars and Sixty-Five Cents
($10,336.65 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement.
It shall be credited to the Owner's account in the final invoice.
~ 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.
Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid Thirty (30 ) days
after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate
prevailing from time to time at the principal place of business of the Architect.
(Insert rate of monthly or annual interest agreed upon.)
10.00% monthly
~ 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or
liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in
the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution
proceeding.
~ 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on
the basis of hourly rates shall be available to the Owner at mutually convenient times.
ARTICLE 12 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Agreement are as follows:
1. Windstorm Certification for structure(s) reimbursable expense ($1,500) Included in Basic Services.
2. T AS (ADA) plan review and site inspection reimbursable expense ($2,000)
3. Term. This Agreement shall require (90) calendar days for the production of construction/bidding
documents from the date of Notice to proceed from the City. An additional (12) months is projected for
bidding and construction to achieve substantial completion with (30) days to close-out the project for a total
term of (15) months. These items are included with a ceiling of $15,000 unless otherwise approved in
writing.
ARTICLE 13 SCOPE OF THE AGREEMENT
~ 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both Owner and Architect.
~ 13.2 This Agreement is comprised of the following documents listed below:
.1 AlA Document BIOJTM-2007, Standard Form Agreement Between Owner and Architect
.2 AlA Document E201 TM_2007, Digital Data Protocol Exhibit, if completed, or the following:
.3 Other documents:
AlA Document B101 no - 2007 (formerly B151TM - 1997). Copyright @ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 18
this AlA"' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AlA software at 10:03:13 on 08/20/2008 under Order No. 1 000326842_1 which expires on 10/18/2008, and is
not for resale.
User Notes: (922336320)
Init.
(List other documents, if any, including Exhibit A, Initial Information, and additional scopes of
service, if any, forming part of the Agreement.)
Exhibit A - Construction Assessment and Fees and Preliminary Site Sketch (11 x 17) dated 7/25/08
Exhibit B - Fee Policy Sheet dated July 2005
Exhibit C - Design Memorandum, City of La Porte 7/29/08
This Agreement entered into as of the day and year first written above.
ARCH~
(Signature)
Robert A. Randall, AlA, President
(Printed name and title)
iJ ~~
$ /Z,-,jp~
Init.
AlA Document 8101'" - 2007 (formerly 8151'" - 1997). Copyright @ 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights
reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 19
this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible
under the law. This document was produced by AlA software at 10:03:13 on 08/20/2008 under Order No. 1 000326842_1 which expires on 10/18/2008, and is
not for resale.
User Notes: (922336320)
Additions and Deletions Report for
@ TM
AlA Document 8101 - 2007
This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has
added to the standard form AlA document in order to complete it, as well as any text the author may have added to or deleted from
the original AlA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AlA text.
Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any
part of the associated AlA document. This Additions and Deletions Report and its associated document were generated
simultaneously by AlA software at 10:03:13 on 08/20/2008.
PAGE 1
AGREEMENT made as of the Twenty-fifth day of August in the year Two Thousand Eight
City of La Porte
1322 South Broadway
La Porte. Texas 77572
Teleohone Number: 281-470-7275
Fax Number: 281-470-1361
Randall-Porterfield Architects. Inc. ALA
565 FM 270 North
League City. Texas 77573
Teleohone Number: 281-332-6680
Fax Number: 281-316-6920
City of La Porte - Westside Park Proiect
3600 Canada Road
La Porte. Texas 77571
The Owner and Architect agree as follows.
A The oark boundary includes the detention structure along the south
and into the southern adiacent property.
end of the 33.65 acres oark site
B. The construction budget is aooroximately 4.103.898 and should the budget increase the Architect shall be
compensated at 8% of the actual additional construction cost.
C. The initial budget is more clearly outlined in "Exhibit A" Preliminary Construction Budget with Site Sketch
(llxI7) dated 7/25/08 and Professional Services Assessment (Exhibit B) dated August 8. 2008. the
Architects fee for Basic Services includes the structural. MEP. Civil and Structural Engineering fees. and
coordination.
D. The City agrees to orovide the boundary survey. topograohic data and soils investigation reoort for the
proiect. The City also agrees to assist the Architect in the review and aporoval of civil drainage. water. and
sewer imorovements to the site. The required drawings for the civil work are included in the Architect's fee
for Basic Services. The City may enter into a Lease/Purchase Agreement with Musco Lighting for the poles
and fixtures for uo to (10) lighted baseball fields.
Additions and Oeletions Report for AlA Document B101™ - 2007 (formerly B15FM -1997). Copyright @ 1974,1978, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AlA" Oocument is protected by U.S. Copyright Law and International Treaties. 1
Unauthorized reproduction or distribution of this AlA" Oocument, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:03:13 on 08/20/2008 under Order
No.l000326842_1 which expires on 10/18/2008, and is not for resale.
User Notes: (922336320)
PAGE 2
December 1st, 2008
October 1st, 2010
PAGE 3
.1 GeHeral LiaeilityWorker's Compensation
Statutory
.2 i\utomobile Employer's Liability
$1,000,000
.3 Warkers' Ceffij3eHsatiaHGeneral Liability, General Aggregate
$500,000
.4 PrefessieHal Liability
Each Occurrence (Bodily Iniury and Property Damage)
$1.000,000
.5 Excess UmbrelIa Liability, General Aggregate
$500.000
.6 Automobile Liability
$500,000
.? Professional Liability, Each Occurrence
$1.000,000
Aggregate
$500,000
PAGE 4
~ 3.2.2 The Architect shaIl prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost
of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in
terms of the other, to ascertain the requirements of the Project. The Architect shalI notify the Owner of (1) any
inconsistencies discovered in the information, and (2) other information or consulting services that may be
reasonably needed for the Project. Reference Preliminary Site Plan nlxl?) presented to City Council on
August II. 2008.
PAGE 5
~ 3.5.2 COMPETITIVE BIDDING (NOT USED) REFERENCE 3.53 NEGOTIATED PROPOSALS
PAGE 6
~ 3.5.2.2 THe i\reHiteet sHalI assist tHe O'llHer iH biddiHg tHe Pre,ject by
.1 ]3reeuriHg tHe reprodl:letiaH af BiddiHg Dael:lmeHts for distribHtioH to pros]3eetive bidders;
Additions and Deletions Reporlfor AlA Document 8101 Thl - 2007 (formerly 8151 ™ - 1997). Copyright @ 1974, 1978, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright law and International Treaties. 2
Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:03:13 on 08/20/2008 under Order
No.1000326842_1 which expires on 10/18/2008, and is not for resale.
User Notes: (922336320)
.2 distril:llitiHg the BidaiHg DeeHffieHts to prospeetive bidders, reElHestiHg their retHm lipOH eOHlflletieH
of the biddiHg proeess, aHa maiHtaiHiHg a log of disa-ibHtiOH aHa rea-ieyal aHd of the amoHHts of
deposits, if aHY, receiyed from aHd retHrHed to prospective bidders;
.3 ergaHiziHg aHd eeHdHctiHg a pre bid cOHfereHee f-or prospeea.'/e bidders;
.4 prepanHg r'l3SpOHSes to ElHestioHs from prospeetiye biddem aHa providiHg e1arifieatioHs aHd
iHterpretatieHs ef the BiadiHg DoeHffieHts te all presfleeti'/e biddem iH the ferm ef addeHda; aHd
.5 orgaHiziHg aHd eOHdlietiHg the opeHiHg ef the bids, aHd SHBSeElHeHtly aeelimeHtiHg aHe distribHtiHg
the biddiHg resHlts, as direeted by the OWHer.
! 3.5.2.3 The ;\i'ehiteet shall eeHsider reElHests fer slibstitHtioHS, if the BiddiHg DeeHffieHts permit sHbstitHtieHs, aHd
shall prepare lIftd disa-iBHte aedeHda ideHtifyiHg approved sHbstitHtioHS te all prespecti'ie bidders.
g 3.5.3 NEGOTIATED PROPOSALS
PAGE 9
Owner Design Memorandum 7/29/08
4.1.1 Programming (Exhibit C)
4.1.2 Multiple preliminary designs Architect
4.1.3 Measured drawings Not Provided
4.1.4 Existing facilities survevs Owner
4.1.5 Site Evaluation and Planning (B203™_2007) Not Required
4.1.6 Building information modeling Not Renuired
4.1.7 Civil engineering Architect
4.1.8 Landscape design Architect and Owner
4.1.9 Architectural Interior Design (B252™_2007) Not Renuired
4.1.10 Value Analysis (B204™-2007) Not Renuired
4.1.11 Detailed cost estimating Construction ManaQer
g4.1.12 On-site proiect reoresentation Construction Manager
4.1.13 Conformed construction documents Architect
4.1.14 As-designed record drawings Architect
4.1.15 As-constructed record drawings Construction Manaper
4.1.16 Post occuoancv evaluation Not Renuired
4.1.17 Facility Support Services (B21O™-2007) Not Reouired
4.1.18 Tenant-related services Not Renuired
4.1.19 Coordination of Owner's consultants Owner
4.1.20 Telecommunications/data design Not Renuired
g 4.1.21 Security Evaluation and Planning (B206™- Not Required
2007)
4.1.22 Commissioning (B211 TM_2007) Not Renuired
4.1.23 Extensive environmentally responsible design Not Renuired
4.1.24 LEED<Bl Certification (B214™-2007) Not Renuired
4.1.25 Fast-track design services Architect
4.1.26 Historic Preservation (B205™_2007) Not Renuired
g 4.1.27 Furniture, Finishings, and Equipment Design Owner
(B253™-2007)
PAGE 10
.1 ( ~ reviews of each Shop Drawing, Product Data item, sample and similar submittal of the
Contractor
.2 ( ~ visits to the site by the Architect over the duration of the Project during construction
.4 (L) inspections for any portion of the Work to determine final completion
Additions and Deletions Reportfor AlA Document 8101 TN - 2007 (formerly 8151 TN -1997). Copyright @ 1974, 1978, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. 3
Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:03:13 on 08/20/2008 under Order
No.1000326842_1 which expires on 10/18/2008, and is not for resale.
User Notes: (922336320)
~ 4.3.4 If the services covered by this Agreement have not been completed within (12-) months of the date of
this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be
compensated as Additional Services.
PAGE 13
8.2.2 Before resorting to mediation as required under Section 8.2.1 of this Agreement, the parties will attempt in
good faith to resolve anv controversv or claim arising out of or relating to this agreement promptlv bv negotiation
between senior executives/representatives of the parties who have authoritv to settle the controversv. The disputing
party shall give the other partv written notice of the dispute. Within ten davs after receipt of said notice, the
receiving partv shall submit to the other a written response. The notice and response shall include (a) a statement of
each partv's position and a summary of the evidence and arguments supporting its position, and (b) the name and
title of the executive/representative who will represent that partv. The executivelrepresentative shall meet at a
mutually acceptable time and place within twentv davs of the date of the disputing partv's notice and thereafter as
often as they reasonablv deem necessarv to exchange relevant information and to attempt to resolve the dispute.
If the controversv or claim has not been resolved within thirtv davs of the meeting of the senior
executiveslrepresentatives, the parties shall attempt to settle the disJ;lUte bv mediation pursuant to Section 8.2.1 of the
Agreement.
~ 8.2.2 The Owner and }\-rehitect shall endea'lor to resolve elaims, displltes and ather matters in qllestian betv/een
them by mediatien '.vaiea, anless the parties mllhially agree ataerwise, shall be administered by the l\meriean
l.rbitratien .^.sseeiatien in aeeanlanee with its Canstmetien Indast:ry Mediatien Preeedl:lres in effeet an the date of
the Agreement. /\ rellaest fer mediation saall be made in writing, deli'/ered to the ataer party to the .^.greement, and
filed \')ita the persen er entity administering the mediation. The reqaest may be made eanearreatly with the filing of
a eemplaint or ether aflPFaj'lriate demand for binding disj'late resolution bllt, in saeh e'/ent, mediatian shall preeeed in
ae:P/an6e af binding displlte reselatian praeeedings, whieh shall be stayed pending mediatien far a periad af eO days
frem the date af filing, anless stayed f-er a langer periad by agreement af the parties er eaart arder. If an arbit:ration
proceeding is stayed parsaant to this seetion, tae parties may nonetheless proceed to the selection of the arbitrator(s)
and agree apen a seaedale fer later proceedings.
~ 8.2.3 The parties shall share the mediator's f-ee and any filing fees eqllally. The mediation shall be held in the place
where the Pi'ejeet is laeated, anless aHather laeatien is mataa1ly agreed apon. .^.greements reaehed in mediatien saall
be enfereeable as settlement agreements in any eeart ha'/ing jarisdietien thereof.Owner and Architect shall endeavor
to resolve claims, disputes and other matters in question between them bv mediation which, unless the parties
mutually agree otherwise. shall be administered bv the American Arbitration Association in accordance with its
Construction Industrv Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be
made in writing, delivered to the other partv to the Agreement, and filed with the person or entity administering the
mediation. The request mav be made concurrentlv with the filing of a complaint or other appropriate demand for
binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution
proceedings, which shall be staved pending mediation for a period of 60 davs from the date of filing, unless stayed
for a longer period bv alP"eement of the parties or court order. If an arbitration proceeding is staved pursuant to this
section, the parties mav nonetheless {>roceed to the selection of the arbitrator( s) and agree upon a schedule for later
proceedings.
~ 8.2.4 If tae parties de not resol...e a displ:lte throllgh mediation pl:lfSl:lant to this Seetion 8.2, the method af binding
dispate resah:ition shall be the fellewing: The parties shall share the mediator's fee and anv filing fees equallv. The
mediation shall be held in the place where the Proiect is located, unless another location is mutually agreed upon.
Agreements reached in mediation shall be enforceable as settlement agreements in anv court having iurisdiction
thereof.
~ 8.2.5 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding
dispute resolution shall be the following;
PAGE 14
Additions and Deletions Reportfor AlA Document 8101'" - 2007 (formerly 8151'" -1997). Copyright @ 1974,1978,1987,1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA soltware at 10:03:13 on 08/20/2008 under Order
NO.1 000326842_1 which expires on 10/18/2008, and is not for resale.
User Notes: (922336320)
4
[ !.l Arbitration pursuant to Section 8.3 of this Agreement
PAGE 16
~ 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as
follows: An Initial Payment of up to Ten Thousand, Three Hundred-Thirty Six Dollars and Sixty-Five Cents
($10.336.65) Invoice 13-Revised dated 7/30/08 from the previous agreement shall be applied to this agreement.
8% of any increased cost over and above $3,775,000 construction cost.
Reimbursable EX1;Jenses Allowance $15,000 invoice cost plus 1.15 (10%) percent markup.
PAGE 17
Hourly per the attached Fee Policy sheet dated July 2005 (Exhibit B).
~ 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or
11.3, shall be the amount invoiced to the Architect plus ~( ~, or as otherwise stated below:
Schematic Design Phase 45,300 percent 12 %)
Design Development Phase 60.400 percent 20 %)
Construction Documents 120,800 percent 40 %)
Phase
Bidding or Negotiation Phase 15.100 percent ~ %)
Construction Phase 60.400 percent 20 %)
Total Basic Compensation 302,000one hundred percent 100 %)
Total Basic Compensation 6fl8-302,OOOone hundred percent 100 %)
Not Applicable
Principal Architect
Proiect Architect
$195.00 per/hr
$150.00 per/hr
$15,000 Allowance included in this agreement.
.11 Other similar Project-related expenditures.
.12 reimbursable expenses as desiQnated in Article 12;
.13 Soils investioation report and testino services.
.14 Texas Accessibility Standards (TAS) plan and site review fees (reference ARTICLE 12 OTHER CONDITIONS
OR SERVICES).
~ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the
Architect's consultants plus ~( ~ of the expenses incurred.
Additions and Deletions Reportfor AlA Document 6101 TM - 2007 (formerly B1 51 TM - 1997). Copyright @ 1974, 1978, 1987, 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AIA~ Document is protected by U.S. Copyright Law and International Treaties. 5
Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software atl 0:03:13 on 08/20/2008 under Order
No.l000326842_1 which expires on 10/18/2008, and is not for resale.
User Notes: (922336320)
PAGE 18
~ 11.10.1 An initial payment of ~Ten Thousand. Three Hundred Thirty-Six Dollars and Sixty-Five Cents
($10.336.65) shall be made upon execution of this Agreement and is the minimum payment under this Agreement.
It shall be credited to the Owner's account in the final invoice.
~ 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.
Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid Thirty ( ~ days
after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate
prevailing from time to time at the principal place of business of the Architect.
10.00% monthly
1. Windstorm Certification for structure(s) reimbursable expense ($1.500) Included in Basic Services.
2. T AS (ADA) plan review and site inspection reimbursable expense ($2.000)
3. Term. This Agreement shall require (90) calendar days for the production of constructionlbiddinl!
documents from the date of Notice to proceed from the City. An additional (12) months is proiected for
bidding and construction to achieve substantial completion with (30) days to close-out the proiect for a total
term of (15) months. These items are included with a ceiling of $15.000 unless otherwise approved in
writing.
PAGE 19
Exhibit A - Construction Assessment and Fees and Preliminary Site Sketch (11 x 17) dated 7/25/08
Exhibit B - Fee Policy Sheet dated July 2005
Exhibit C - Design Memorandum. City of La Porte 7/29/08
OWNiRCITY MANAGER
A~HjT~T-.
~~ ~)/~
Mr. Ron Bottoms. City Manager.
Robert A. Randall. AlA. President
Additions and Deletions Reportfor AlA Document Bl01™ - 2007 (formerly B151™ -1997). Copyright @1974. 1978, 1987. 1997 and 2007 by The
American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:03:13 on 08/20/2008 under Order
No.l000326842_1 which expires on 10/18/2008, and is not for resale.
User Notes: (922336320)
6
Certification of Document's Authenticity
AIA@ Document 0401 ™ - 2003
I, Robert Randall, hereby certify, to the best of my knowledge, information and belief, that I created the attached
final document simultaneously with its associated Additions and Deletions Report and this certification at 10:03: 13
on 0812012008 under Order No. 1000326842_1 from AlA Contract Documents software and that in preparing the
attached final document I made no changes to the original text of AIA@ Document B 101 ™ - 2007 - Standard Form
of Agreement Between Owner and Architect, as published by the AlA in its software, other than those additions and
deletions shown in the associated Additions and Deletions Report.
J:d 4f?p
(Signed)
,,~.. ~
~'
(Title)
(Dated)
~/Zo/ob
, /
AlA Document D401TM - 2003. Copyright@ 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AlA"' Document
is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it,
may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by
AlA software at 10:03:13 on 08/20/2008 under Order No.1 000326842_1 which expires on 10/18/2008, and is not for resale.
User Notes: (922336320)
1
SITE STUDY - JJWEST SIDE PARK" - CITY OF LA PORTE
===-=~-~===:::>
< - --=------ --~-~-~-===----~
<"--
--1
-'Ii' -
",!I'
Pl"T~._'n"..J ~F-A
l! ,,, J>c~e/rll.r,
/,-,lLlr;~,"
~:)
RANOAllE'ORTEIU'JELPAkClllTECTS,b..,.AlA
so- 1 7-25-08
....
eARKlNG SPA!&...@IIS.;
PAIlKlNGSPACES.."OO
a "'CC~SSlllli P"'Il~INGS SPACES INClUQ(P
SCALE: 1" ::: 1 20'
WESTSIDE PARK-LAPORTE BALLPARK FACILITY
PRELIMINARY - CONSTRUCTION BUDGET
8/8/2008
ITEM
A. Site work
1. Initial select clearing, grubbing, & mulching
2. Excavation & on site hauling
3. Rough grading & drainage
4. Storm drainage & Detention/Swales
i 5. Utilities
a. Water distribution & fire hydrants
~ b. Sewer & services
: c. Electrical service distribution
d. Roadway & Parking lighting (150' spacing)
6. Paving
f-------
: a. Park roads/entrances (300 LF)
c-
b. Parking
7. Security gates at Entrances (and 2 control pts.)
8. Walkways
a. Sidewalks 5' wide
I b. Trails 6' wide
9. Site Amenities
a. Flag poles
b. Picnic tables & benches
I c. Refuse containers
d. Signage
e. Playground Equipment
i 10. Landscaping
a. Sodding (2.0 acres)
b. Hydromulching and Finish Grading
i c. Trees
I d. Shrubs
! e. Ornamentals
f. Wetland/native plants
g. Soils and preparation
! h. Finish grading & Misc./lnfield Mix
~I Playfields & Courts-
~Large Ball fields
J a. Lighting 50/30fc & scoreboard
! I b. Fencing (750 LF) each field x 4 fields
c. Dugouts & bleachers (4 units each)
d. Import soil & finish grading & irrigation
e. Central plaza & announcers station
2. Small Ball fields
[ ! a. Lighting 50/30fc & scoreboard
l~-L-b. Fencing (500 LF) each field _
L~. Dugouts & bleachers (4 units each)
I-d. Import soil & finish grading & irrigation
e. Central plaza & announcers station
3. Batting Cages
H. i4. Pitching Warm-Up Areas
C. i Buildings
1. Pavilion 100' x 100'
~
i
r
Randall-Porterfield Architects, Inc.
565 FM 270 North
League City, TX 77573
UNITS
30 acres
20,000 CuYDS
i 25 acres
I 4,000 LF
1,000 LF
: 1,600 LF
Allowance
12 poles
10,000 SF
335 spaces
4 EA
2,500 LF
2,640 LF
2
20
20
Allowance
Allowance
9,680 SqYDS
15 acres
50 EA
I
~
J--
"EXHIBIT A"
UNIT COST AMOUNT
$1 ,000
$6
$1 ,500
$25
I
$50
$401
Lump Sum
$2,000
$8
$2,000
$2,500
$20
$15
$2,500
$500
$150
Lump Sum
Lump Sum
$3.25
$2,000
$275
1-
'---1--
Allowance
I
i
i
i
i
i
$90,000
$15
$4,000
$30,000
$25,000
$70,000
$15,
$4,000
$15,000
$20,000
$7,500
$2,000
i
$30,000
$120,000
$37,500
$100,000
$50,000
$64,000
$75,000
$24,000
--
$80,000
$670,000
$10,000,
$50,000
$39,600
$5,000
$10,000
$3,000
$10,000
$100,000
$31 ,460
$30,000
$13,750
$10,000
$3,000
$1,500
$10,000
$50,000
$360,0001
$45,000
$64,000
$120,000
$50,000
$420,000,
$45,000
$96,000
$90,000
$60,000
$15,000
$40,000
1
L-,.a. Shaded structur~/Pavillion
I : b. Restroom
I -I, ~M'~ c~oncession -..
~_.__. d. Dump-ster.pCid & servicedrh/e
,2. Main!enance Facility ____ _____
-----L_~. Service yard 8. Drive
b. Fencing &gc:ltes
! c. Building (30 x 70 )
I
1 -
_t"!9TAL A - C _ _ __
1----+- --- --
10. 'Co~tinge!1CY ___
IE:. Inflation allowance per y~ar
._-~~:~~~ ~~
1,000 ~_
. 2
. -- E1'~~~ ~:
L 2,100 SF
_~. __$25i- $209,0061
$125' $125,000'
--- ----- ---
I $125 $125,000
_$2,500 $5,000
$6
$151
$501
$7,2001
$4,_5:QQJ
$105,OOOj
,
__.-.-1
$3,604,510 .
----
I
3%
:1=_- ---
--.
. -,...
- ----
--- I
$1Q8,1351
$74,253
2%
J--
~-'^-
8%
I
__-___-_+-.--~ $3'96_2__ ,5001 $317,000
=1== $4~~03,8981
. F. . Professional Services
~- .
r , TOTAL P-roject C.5>!;t I A - F
I Civil/Paving/Drainage Work
II Architectural/Structural/Civil Fees
III Landscape/Site Amenities
IV Ballfields
V Contingency & Inflation
36%
8%
9%
42%
5%
100%
$1,477,403
$328,312
$369,351
$1,723,637
$205,195
$4,103,898
Total Construction Budget: $4,103,898 + 32 acres = $128,246.81 per acre
West Side Park-La Porte
. Contingency
& Inflation
. Civil!Paving/
Drainage
Work
o Ballfields
o Landscape'" Architectural!
Site Structural!
Amenities Civil Fees
Randall-Porterfield Architects, Inc.
565 FM 270 North
League City, TX 77573
2
La Porte West Side Park Ball Fields
Professional Services Assessment
~=>> August 7, 2008
"EXHIBIT B"
_ _ _ _ I. I. (.I.rI..
ITEM/DESCRIPTION
UNIT$
AMOUNT
A. Consultants
1. Civil Engineering 5% of $1.2 Million
2. Structural Engineering 1.5% of $1.0 Million
3. MEP Engineering
Subtotal
10% Co-ordination
$60,000.00
$10,000.00
$50.000.00
$120,000.00
$12,000.00
$132,000.00
B. Architectural Fees
1. 3.5% of $3.4 Million (as adjusted)
( Design / Bid Documents
2. Construction Administration 1.5% (3.4 Million)
$170,000.00
$119,000.00
$51,000.00
..................................................................................................................
Fee Sumation A+B $302,000
or @ 8% of $3,775,000
..................................................................................................................
C. Reimbursable Allowance
1. Printing / Plots
2. Postage and Mileage
3. ADA Fees
4. Misc. Expenses
5. Additional TOPO / Surveying
$15,000.00
$5,000.00
$2,000.00
$2,000.00
$1,000.00
$5,000.00
TOTAL A-C
$317,000.00
Randall-Porterfield Architects, Inc.
"Exhibit C"
Interoffice Memorandum
10:
R.on Bottoms; City fvlanager
Tim Tietjens, Director of Planning
r- _ _ __
rfom:
Stephen L. Barr) Director of Parks & Recreation
Re: Design Concept Memorandum,
qe~Design of \tV est Side Park Property
Overview
The City of La Porte purchased a 33-acre tract on Canada Road, just north of Fairmant
Parkway in 1999 to provide for a future regional park. In the initial planning for the new park,
after its purchase, Council received a conceptual design showing a proposed park with ten
ballfields as a proposed new home for La Porte Boy's Baseball Association to alleviate
overcrowded conditions. light and noise pollution at its current home, Fairmant Park.
Later, there was an agreement to enter into a joint venture sports complex with the City of
Pasadena that chanced the Dlan for this Dark. Staff oroceeded the desig- n for a oassive park
......, I I I
on the site. As a result of the joint venture collapse, and per Council direction we have moved
back to the original proposed design of a sports complex as described above. Funding
sources have been identified totaling $4.1 million for the project, with possible lease purchase
of lighting through Musco Lighting (or other approved equal). Additional Council direction
included inclusion of passive park components such as jogging trails, picnic shelters, open
space where available, and a joint use pavilion that would meet the needs of both the baseball
users and as a site for family reunions, company picnics, etc.
Site Considerations
The property has a number of mature pecan trees (it is a former pecan orchard) and we would
like to preseNe as many of those trees as possible. The pecan trees are concentrated in the
northeast and southeast comers of the property with scattered trees throughout the property,
which should lend itself to picnic and pavilion sites. The Caniff Street right-of-way adjacent to
the property (south end) has been used for detention for the Canada Road project. Since
additional detention \.'Jill be required for the paved areas of the park facilities as well, it would
make sense to incorporate a portion into wet bottom detention storage in the form of a pond
that could be used for supplemental irrigation for the ballfields (see photo). Most of the park
property area has little topographic change, however earth moved from the lake excavation
could be used to create some berms and contouring that would add to the attractiveness of
the park, and possibly surrounding land as well.
Design Concepts
Sports Complex Issues - the design focus of this park will be to provide a ten field sports
complex, with supporting infrastructure with a number of spedal components to meet the present
and future needs of youth baseball in the City of La Porte.
Baseball Fields - Each of the ten fields must be lighted, irrigated, and sodded with hybrid
, Page 1 of 4
L~c~~ ..,..,U...,....- .a~- '0 r,--,;',.. '":> ,~ '0 - "'l'2iihf -,1.-,\", -,,-, Sl'-r-:,,....... '~aC'G",tl'O'- ~'lc::. <::'0'11 31"'1....1.-111....,....5 s'-'oLII.-I
Jc;! (i t JWC;~I ~Q i. iJl UVi\...'L d L rJ \..--j . 'Illy ;...FiOj i !"~ "iC"",,/C. i! t . , ;1 [ 1I ~ v i '[ I CI l/II Ci j;. t;': li
:)e specified to allow drainage, \Mith c:etentioil amund each to pmvide flow back to the \!llet-bottom
:)asin. :::.adi fielci should :la\le \Neathei"-;xotected dugouts, al10 :Jitcher's warm-up areas fo( eadl
team. Each field should ilave a srnalllJleac;ler set vvith shade and foul ball protection, v\litll tvJO of
the fields (mid-size and large) having larger bleachers and shades for championship play. Each
field should have scoreb08l"d control hookuDs behind home olate and scoreboards in each
outfield (we need to explore donations for sCoreboards for advertisement). Each field should be
graded to a minimum 'I % grade to the outfield to provide good drainage for quick play after
rainstorms.
Common AI,aCts - The park should have a pavilion \l\~th :-estrooms, concession area and an
open area 'A~th picnic tables for eating and congregating, as well as for avvards, meetings, etc. in
addition, i vi/ouid like to see a small +/- 200 sq. ft. climate controlled room for hospitality, umpire
meetings, board meetings, etc. The park should have a ADA playground with activities for
players during down times, and passive park use. Adequate parking to meet the present and
future needs of tile faciiity, vvith actual numbers to iJe determined. Safety is a primary concern for
parking areas; there should be a minimum of tvllO pedestrian crosswalks, protected by speed
humos\/orbumDs) and stoo sians. hi altemative is to site oarkinn in sepa!dte areas to allow
I - - I ~ 1- v I V
green space between lotslfields. A shared use, compartmentalized storage/utility/equipment
building with adequate space for association storage of field supplies, a utility area for Association
equipment, and a utility area for park maintenance equipment on site (size to be determined).
Batter's cages (minimum of two) to be installed in an accessible spot for practice use (can be
aligned \J\lith the pitcher warm-up area at one or more fields). As referred to above, a wet-bottom
detention basin equipped V\~th a wet well and pumping system could utiiize stormvvater retention
to supplement the irrigation of the fields and reduce operating costs substantially.
Finally, landscaping and entrance signage would enhance the app.earance of the park to provide
an aesthetically pleasing addition to the park system.
Passive Park issues - in addition to the sports complex a secondary focus for this park will be to
provide amenities that can be enjoyed by citizens who will come to the park to enjoy the natural
beauty as well as man-made amenities both during season, and off-season. Pecan trees have
been mentioned asan amenity to focus as well as picnic facilities. Other basic needs vvere
identified in the Park Master Plan by a citizen survey (see Park & Open Space Master Plan,
Chapter 5, page 4, attached). A pavilion as described above with restrooms to accommodate
large family reunions and company picnics is needed and would be a possible off-season use
for this pavilion. A possible earthen bleacher system could be accomplished at one or two
fields using a portion of the borrow material from the wet-bottom detention excavation, that
could serve as a kite flying area, or just a place for children's open play. Additional identified
needs are individual picnic areas, as well as diversified play equipment, as stated above. A
jogging trail with exercisestations is also desirable for this park, with connectivity to adjacent
communities and the La Porte Bicycle-Pedestrian Trail System. Some open space areas for
kite-flying, possibly Frisbee golf, etc., is also required.
Engineering Requirements
The park desIgn will need to incorporate engineering requirements for structures,
lighting (security), basic utility installation, parking capacity, ingress and egress into the
final design for the park. In order to function as supplemental irrigation, we need to
collect as much stormwater from the site as possible, into the wet-bottom detention
area. Signage, both interior and exterior will be required for the park. AD.A.
requirements for parking, building access, etc. will need to be addressed. If funds are
available, include a lightning detection and warning system for the park.
Page 2 of 4
--,.-_ L; _? -; '1.{
;-;,e design issL'es di::cL'ssec' :lerein are ir,lportant bL1t not ell-inclusi\fe. PIS tile de::ign ;Jrocess
continL'es, otlier issues '",ill plObaoly surface and ',,'ill 'J8 dealt \;,nth 8ccordingly. Sarne of tne
issues identified ma~f be modified or deleted from tile final design based on budget constraints
0; other issues not clear at this time. There are some opportunities to pursue joint venture
possibilities 'v'\l1th Harris County; for example, a sprayground, to supplement the amenities for
the project. Please review and comment. After review and changes, Mr. Tieijens and will
visit with i\J:r. Randall and request a design proposal for the project, based on this document. ,f ~
can be of additional assistance, please do not hesitate to give me a call.
,....
......
john Joerns-, A~ssistant Citv fV1ana-oer
J ~
Rodney Slaton, p.E., City Engineer
,Attachments
Page 3 of 4
i"ioi1it Park ;JJlolo51 8renharn T e;<~as, Jufy 2008; eight -neid baseball/softbalf c\Jrnple:< VJlth 3orri2
innovative field ideas that could be beneficial for our complex.
$
i
Batter's cage adjacent to Pitcher's
warm-up area.
Wet well, detention lake, and pumping system for
supplemental irrigation.
Page 4 of 4
18
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Reqnested: AnS!ust 25. 2008
Roqvest... By, TIm Tietje.. ~
Department: PlanmnS! Director
BudS!et
Source of Funds: nla
Account Number: nla
Report: X Resolution:
Ordinance: X
Amount Budgeted: n/a
Exhibit 1:
Exhibit 2:
Exhibit 3:
Ordinance
Inl!tess and El!tess Easement Instrument
Area Map
Amount Requested:
nla
Budgeted Item: NO
SUMMARY & RECOMMENDATION
Mr. Sabino Ornelas has applied for a permit to construct a home on Lots 25-32, Block 1445, La
Porte which fronts the South "P" Street right-of-way. This right-of-way serves as the main
entrance and parking facility for the City's Little Cedar Bayou Nature Trail system. As such, the
City desires to maintain the natural aesthetic of the entrance by protecting it from additional
development.
Several years ago, the City purchased and deeded lots 7 & 8 in the block to a previous owner in
exchange for a small section of property that was encroached upon during construction of the
nature trail project. This action allowed for an alternate means of access to the subject property
without compromising the public's access and the natural appearance of the trail system
entrance. The previous owner did not develop the property as he had planned and the land was
subsequently sold to Mr. Ornelas.
In order for Mr. Ornelas to gain full access to Lots 25-32, the City must grant an Ingress and
Egress Easement across that portion of the alley in Block 1445 located between Lots 7 & 8 and
Lots 25 & 26. This easement will provide Mr. Ornelas the access he needs to build his home and
utilize his property.
Action Reauired bv Council:
Ap rove an ordinance authorizing the City Manager to execute an Ingress and Egress easement
. g Sabino Ornelas access across a portion of the alley in Block 1445, La Porte.
enda
~
ORDINANCE NO. 2008- 3/oS-
AN ORDINANCE APPROVING AND AUTHORIZING AN INGRESS AND EGRESS
EASEMENT BETWEEN THE CITY OF LA PORTE AND SABINO C. ORNELAS, MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the City Secretary. The City Manager is hereby authorized to
execute such document and all related documents on behalf of the
City of La Porte.
The City Secretary is hereby authorized to
attest to all such signatures and to affix the seal of the City to
all such documents.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
E](#/Brr 1.
PASSED AND APPROVED, this 25th day of August, 2008.
ATTEST:
~ tJ,Aud
Martha A. Gillett
City Secretary
APPROVED:
~ ;-: ~A~A~
Clark T. Askins .
Assistant City Attorney
~~~ OF LA~TE .
By: ~4. \ ~.~
Alton E. Porter, Mayor
2
INGRESS AND EGRESS EASEMENT
STATE OF TEXAS
s
s
s
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF HARRIS
That the City of La Porter Texasr a municipal corporationr
whose address is 604 West Fairmont ParkwaYr La Porter Texas 77571
("Grantor") r for and in consideration of Ten Dollars ($10.00) cash
and other good and valuable consideration paid by Sabino C.
Ornelasr an individualr whose address is 710 North 13th Streetr La
Porter Texas 77571 ("Grantee") r the receipt and sufficiency of
which is hereby acknowledged and confessedr has this day GRANTEDr
BARGAINEDr SOLD AND CONVEYED and by these presents do GRANTr SELL
AND CONVEY unto said Granteer and to his successors and assignsr a
right-of-way and ingress and egress easementr alongr overr and
across the hereinafter described City of La Porte alleYr for the
benefit of and as an easement appurtenant to the adjacent real
property owned by Granteer for the purpose of 1) ingress and egress
to said adj acent real property owned by Grantee r over which
easement Grantee is authorized to install and maintain an asphalt
driveway; and 2) installation of a water service line to connect
said adjacent property owned by Grantee to the existing water main
located in and along South Broadway Streetr in La Porte.
The easement and right-of-way property is more particularly
described as followsr to-wit:
That portion of the 16r alley located in Block 1445r of
Town of La Porter a subdivision in Harris CountYr Texasr
according to the map or plat thereofr recorded in Volume
72r Page 4 of the Deed Records of Harris CountYr situated
between the easternmost portion of Lots 7 and 8r in said
Block 1445r and the westernmost portion of Lots 25 and
26r in said Block 1445r and containing 800 square feet.
Under the terms of and as an express condition to the granting
of the above described right-of-way and easementr Grantor shall
reserve the right to use the easement property granted to Granteer
to access and maintain the underlying alleywaYr for any and all
purposes incident thereto r including maintenance of City of La
Porte utilitiesr which right shall also extend to any of Grantorrs
franchised utilitiesr or other authorized agents.
It is expressly understood and agreed by Grantee that the
grant of the herein described easement does not constitute a
closing or partial closing of any portion of the alley in said
Block 1445. It is furthermore understood and agreed by Grantee
that Grantorr its franchised utilitiesr or any authorized agent of
Grantorr shall have the right to remover disassembler dislodger or
otherwise impair the condition of any asphalt driveway or other
surface improvement installed by Grantee on the subject easementr
or any water service line located underneath the easement surfacer
without any corresponding duty or obligation to repair same; for
such purposesr Grantee shall be solely responsible for the cost of
repair.
~/&5/-r ;Z
Grantee shall agree to locate the water meter box for the
provision of water service to Grantee's property located adjacent
to the easement herein granted, as close as practicable to the
water main located along South Broadway Street, and as directed by
the City of La Porte, and for such purposes shall be responsible
for the maintenance and repair of any water service line located in
the easement herein granted.
The rights granted to Grantee herein are conditioned on the
reasonable exercise thereof for the benefit of the dominant
tenement, and in the event of unreasonable use or use for non-
dominant purposes, or use by means otherwise injurious to the
servient tenement, Grantor shall have the right to extinguish said
easement.
TO HAVE AND TO HOLD the above described easement and right-of-
way, together with all and singular the rights and appurtenances
thereto in anywise belonging unto said Grantee, and his successors
and assigns, forever.
WITNESS THE EXECUTION HEREOF on this the ffday of fJU9tJ5}-
2008.
CITY OF LA PORTE
By:
City
STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
~iS instrument was acknowledged before me on the ~~day of
, 2008, by Ron Bottoms, City Manager of the City of La
Po e, a municipal corporation, on behalf of said city.
t\ f 11 {Jj-lfJL0~,
~ary Public, State of Texas
IIWION ...
Mr ec........... ....
_..~.... 12. 2G09
.' '........ .
AFTER RECORDING, RETURN TO:
PREPARED IN THE LAW OFFICE OF:
ASKINS & ASKINS, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
ASKINS & ASKINS, P.C.
P.O. Box 1218
La Porte, TX 77572-1218
t
EM'LB/-r ~
19
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
AUl!ust 25. 2008
Appropriation
Requested By: Susan Kellev
Source of Funds: N/A
Department: Finance
Account Number: N/A
Report:
Resolution:
Ordinance:
Amount Budgeted: N/A
Exhibits:
Bid Tabulation
Amount Requested:
Exhibits:
Bid Tabulation. Bidder's Lists
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
Advertised, Sealed Bids #S08001 through #S08006- Sale of Properties were opened and read on Monday, January 28, 2008.
Offers to respond were sent to residents/owners surrounding the properties for sale, in addition to area developers and real
estate agents. Below is a list of properties, appraised value of the property and the amount offered on each property.
Property Appraised Value Bidder Amount
S08001-0.6568 Acre ofOutlots 240 $ 107,000 Rohina Naz $70,000
S08002-0.8608 Acre of Lots 5 -16, Block 829
$ 28,000
Oakland Land
$28,100
S08003-0.9326 Acre of Lots 4 -16, Block 793
$ 30,000
Mississippi Land
$30,100
S08004-2.9651 and 0.4594 Acres, Tract 1 & 5 of
Enoch Brinson League, Abst 5
$ 65,000
Sulzer Hickham, Inc.
Allen Howard
Roberto Ramos
$85,000
$30,100
$20,000
$25,000
$15,001
$15,000
S08005-1.4552 Acre, Tract 2 of Enoch Brinson
Leagu, Abst 5
$ 60,000
Rohina Naz
Robert Allen
Sulzer Hickham
S08006-1.1413 Acre of Reserve "B" Brookglen.
Section 1
$ 75,000
No Bids
On February 25,2008, Council directed staff to reject bids for S08001 and S08005 since they did not meet market values.
Rejection letters and the required 5% cashier's checks were returned to bidders for those properties. No bids were received
for S08006.
Staff informed Council that we would have our drainage consultant evaluate the property associated with bids S08002,
S08003, and S08004. To prevent expiration of the bids, purchasing staff obtained extension letters from the interested parties.
Bids on these properties are currently valid until September 26, 2008.
The drainage consultant is now comfortable with the sale of property associated with bids S08002 and S08003 if the volume
in the detention basin recommended by the Binkley and Barfield report is maintained. The City Engineer has confIrmed that
the design does include the recommended volume (the detention basin may have to be constructed in phases.
Issues are now resolved related to bids S08002 and S08003, staff recommends award of Sealed Bids #08002, 08003, to the
high idders, respectively.
ORDINANCE NO. 2008- 3 f O(P
AN ORDINANCE AUTHORIZING AND APPROVING THE SALE OF REAL PROPERTY
DESCRIBED AS 0.8608 ACRE TRACT, OUT OF LOTS 5 - 16, BLOCK 829,
0.9326 ACRE TRACT OUT OF LOTS 4 - 16, BLOCK 793, TO THE HIGHEST
BIDDERS FOR CASH, AUTHORIZING EXECUTION OF SPECIAL WARRANTY DEEDS,
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
authorizes and approves the sale of the following properties:
0.8608 acre tract, out of Lots 5 - 16, Block 829, La Porte, Harris
County, Texas, to Oakland Land and Development LLC, the highest
bidder, for a cash bid of $28,100.00; 0.9326 acre tract, out of
Lots 4
16, Block 793, La Porte, Harris County, Texas, to
Mississippi Land Co. Inc., the highest bidder, for a cash bid of
$30,100.00.
The City Council authorizes the City Manager to
execute, and the City Secretary to attest, Special Warranty Deeds,
and any and all other documents necessary to complete the
conveyance.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 25th day of August, 2008.
By:
ATTEST:
'J11~ cJiAJlJ
M rth A. G11lett
City Secretary
APPROVED:
U~ T-rC~
Clark T. Ask1ns
Assistant City Attorney
~~ OF LA ;O~
~~L~~
Alton E. Porter
Mayor
2
SALE OF PROPERTIES
PROPERTY DESCRIPTION BIDDER BID AMOUNT APPRAISAL
Sealed Bid #S08001 Rohina Naz $70,000.00 $107,000.00
0.6568 Acre tract of land out of Outlots 240
Sealed Bid #S08002 Oakland Land & Development $28,100.00 $28,000.00
0.8608 Acre tract of land of Lots 5 thru 16, Block 829
Sealed Bid #S08003 Mississippi Land $30,100.00 $30,000.00
0.9326 Acre tract of land of Lots 4 thru 16 Block 793
Sealed Bid #S08004 Sulzer Hickham, Inc. $85,000.00 $65,000.00
2.9651 Acre tract (Tract 1) and 0.4594 acre tract and Allen Howard $30,100.00
Access easement (Tract 5) in Enoch Brinson League, Abst 5 Roberto Ramos $20,000.00
Sealed Bid #S08005 Rohina Naz $25,000.00 $60,000.00
1.4552 Acre tract (Tract 2) in Enoch Brinson League, Abst 5 Robert Allen $15,001.00
Sulzer Hickham $15,000.00
Sealed Bid #S08006 NO BIDS N/A $75,000.00
1 .1413 Acre tract of land out of Reserve "B"
Brookglen, Section 1
CITY OF LA PORTE
BIDDER'S LIST
SALE OF PROPERTY - 508003
0.9326 OUT OF LOTS 4 THRU 16, BLOCK 793
AGILE HOMES, INC.
PO BOX 41
LA PORTE, TX 77572-0041
BOYLE REALTORS
119 S. 2ND STREET
LA PORTE, TX 77571
HABITAT FOR HUMANITY
PO BOX 2087
LA PORTE, TX 77571
WARWICK HOMES, INC.
4620 N. BRAESWOOD, SUITE 423
HOUSTON, TX 77096
UNITED TEXAS REALTORS
9726 WILLMONT
LA PORTE, TX 77571
TODD HARRIS
18108 SOUTH PARK VIEW DR, SUITE K23
HOUSTON, TX 77084
ALTON OGDEN
PO BOX 952
NATCHEZ, MISSISSIPPI 39121
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77572-0996
(218) 471-1123
info-lpcc@laportechamber.org
ATLANTIS HOMES, INC
3408 BAYOU FOREST DRIVE
SHOREACRES, TX 77571
EXPRESS REALTORS
9704 SPENCER HWY
LA PORTE, TX 77571
JBOURQUEAFFORDABLEHOMEs
2806 CARMEL WOODS
SEABROOK, TX 77586
WESTERGREN HOMES
PO BOX 610
LA PORTE, TX 77572-0610
MAIN PROPERTIES
202 W. MAIN
LA PORTE, TX 77571
MARK NEFF
PO BOX 474
SEABROOK, TX 77586
BAysHORE PUBLISH DATES
JANUARY 06,2008
JANUARY 13, 2008
CITY OF LA PORTE
BIDDER'S LIST
SALE OF PROPERTY - 508002
0.8608 OUT OF LOTS 5 THRU 16, BLOCK 829
AGILE HOMES, INC.
PO BOX 41
LA PORTE, TX 77572-0041
BOYLE REALTORS
119 S. 2ND STREET
LA PORTE, TX 77571
HABITAT FOR HUMANITY
PO BOX 2087
LA PORTE, TX 77571
WARWICK HOMES, INC.
4620 N. BRAESWOOD, SUITE 423
HOUSTON, TX 77096
UNITED TEXAS REALTORS
9726 WILLMONT
LA PORTE, TX 77571
TODD HARRIS
18108 SOUTH PARK VIEW DR, SUITE K23
HOUSTON, TX 77084
ALTON OGDEN
PO BOX 952
NATCHEZ, MISSISSIPPI 39121
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77572-0996
ATLANTIS HOMES, INC
3408 BAYOU FOREST DRIVE
SHOREACRES, TX 77571
EXPRESS REALTORS
9704 SPENCER HWY
LA PORTE, TX 77571
J BOURQUE AFFORDABLE HOMES
2806 CARMEL WOODS
SEABROOK, TX 77586
WESTERGREN HOMES
PO BOX 610
LA PORTE, TX 77572-0610
MAIN PROPERTIES
202 W. MAIN
LA PORTE, TX 77571
MARK NEFF
PO BOX 474
SEABROOK, TX 77586
BAYSHORE PUBLISH DATES
JANUARY 06,2008
JANUARY 13, 2008
20
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Au ust 25 2008
Appropriation
Requested By:
Source of Funds:
Department:
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Agreement (page 4 and Exhibit C)
Amount Requested:
Exhibits:
Exhibits:
Letter from Frontier Los!istics. LLC
Budgeted Item:
NO
Letter from La Porte Real Property, LLC
Exhibits
SUMMARY & RECOMMENDATION
On February 11,2008 City Council approved an Agreement with Frontier Logistics, LLC and La Porte
Real Property, LLC. The Agreement established a framework for development of a Railroad Spur utilizing
the "H" Street ROW between Broadway and 8th Street. The Agreement included dates for (1.) Submission
of a general plan and Special Conditional Use Permit (SCUP) by May 12,2008 for Blocks 349, 350, 351
and 352 (2.) August 1,2008 deadline for submission ofa developmentlbusiness plan which will address
planning and zoning issues related to development ofthe Rail Spur.
We have received requests from:
· Frontier Logistics, LLC for a 60 day extension; (Exhibit C Blocks 349, 350, 351 and 352)
· La Porte Real Property, LLC for a 120 day extension; (Page 4 of Agreement)
Each of these requests are based on the delays in getting answers from TCEQ and Harris County regarding
to the use of the forme(Harris Coimty Landfill.
The Agreement provides for a payment to the City of $4. 5 O/sffor the area included in the railroad
easement. This is estimated to be approximately $432,000 (based on 40 ft. x 2400 ft. easement).
We believe that the overall opportunity for La Porte is significant and recommend that the extension
requests be approved.
Action Required bv Council:
1.) Consider approval of a 60 day extension for Frontier Logistics related to delivery of items required by exhibit C
and to consider a 120 day extension for La Porte Real Property LLC and Frontier Logistics for submission of items
r uired in paragraph (3) of the agreement. Each ofthese extensions to measured from tonight's Council action.
JJlRJ
Date
r
Current Vielatiens .of City Ordinances by Owners
Net later than May 12, 2008:
. In accordance with Cede .of Ordinances, Chapter 106, sectien
106-637, submit an applicatien and General Plan fer a special
conditienal use permit (SCUP), as required in a Planned unit
Develepment Zening District, te the Planning and Zening
Commissien fer recemmendatien, . and the City Ceuncil fer
appreval, including, but net limited te,theremeY(11of all
shipping centainers frem Blecks 349, 350, 351 and 352, in
vielatien .of the Cede .of Ordinances, Chapter 106, sectien 106-
521, Table A. Applicatiens may be .obtained and ceerdinated
through the Planning Department. The General Plan shall
cenferm te the requirements .of City Ordinance Ne. 1444,
Sectien 4.01 and Appendix C.
Upen appreval .of the SCUP:
. Apply fer a zening permit fer the entire site with the
Inspectiens Divisien.
. Submit a Majer Develepment Site Plan in accerdance with Cede
.of Ordinances, Chapter 106, sectien 106-637 (c), and City
Ordinance Ne. 1444, Sectien 4.08 and Appendix E, te the
Planning Department fer review, and appreval by the Planning
and Zening Cemmission.
Exhibit "C"
enter into a Rail Easement Agreement on the tract of land, based on
the plat and metes and bounds description obtained as provided
herein. A copy of the proposed Rail Easement Agreement is attached
hereto as Exhibit "B", incorporated by reference herein, and made
a part hereof for all purposes.
2. city plans to accept bids for the sale of the remainder
of the 5.98 acre tract of land, after the legal description of the
rail spur option tract has been determined. City has obtained an
appraisal of the entire tract, showing its fair market value as
$2.25 per square foot. Owners agree to indemnify and hold harmless
City, from any loss of value of the remaining tract to be sold by
City, for a bid price of less than $2.25 per square foot.
3. Owners agree to prepare and file with City, on or before
the 1st day of August, 2008, a development/business plan which
shall address the planning and zoning issues that will be involved
with development of the rail spur, from the existing railroad
tracks, across the Property, and the properties owned by Owners
contiguous to North "H Street. Nothing contained in this Agreement
or in the Rail Easement, shall be construed as a grant of zoning
authorization for use of rail access to any of Owners' properties
adjacent to the Rail Easement which property is not zoned HI, or a
PUD with special exceptions for rail service.
4. Attached to this Agreement as Exhibit "C" is a list of
un-resolved violations of City's ordinances, on certain of the
properties owned by certain of the Owners. All of these violations
shall be abated by the respective Owners, to the satisfaction of
City, in accordance with the provisions of Exhibit "C".
4
~\cl
!
1/;31 { oa,lA
91
July 31, 2008
Gentlemen:
Referencing your recent nJ.
letter as our official request for
the Frontier Logistics facility a
Boulevard.
"J~~~ with our representative John Black, please accept this
-" ~y extension concerning our application for a SCUP for
"l'~ection of North Broadway and Barbours Cut
As you are aware, a
be a rail line across North Broa
right-of-way calls for us to sub
North Broadway, the H Street r
Barbours Cut Boulevard.
e ~~~~ment concerning what we trust will eventually
m t~~;flanagan Yard westward down the H Street
P a<""". . cation for our property that is bound by
y, th rmer North First Street right-of-way and
We have been in contact
regards to this application, and
from the fact that while we are
property and replace them with
approval from Harris County
eventually locate the aforemenf
.ft. r_~.. D__L._.._~ r.... DI...... . IIft.ft...or Dftl..+ TV '7'71:'71 . linn ';1n ';lInll. '111 "-71 QIio.... . lAIWIAI frnntJiJr'nt'!;d;rc.rnm___
La Porte Real Property, LLC
1655 Louisiana St. Beaumont, TX 77701
August 4, 2008
Mr. Ron Bottoms
Mr. John Joerns
Gentlemen:
Referencing your recent meeting with our representative John Black, please accept
this letter as our official request for an extension until December 31, 2008, concerning
our submittal of a development/business plan for the joint venture rail spur to begin at the
Flanagan Yard and proceed west over North Broadway and down the H Street right of
way.
As you are aware, a portion of the agreement concerning what we trust will
eventually be a rail line calls for us to submit such a plan by August 1,2008. Our delay
stems from the fact t.g.at we were delayed in receiving approval from the state on our
redevelopment plans. As such, this also has delayed the initiation and submittal process
of our permit to the city for the landfill redevelopment.
When we signed the rail agreement, we did not appreciate the total time necessary
to satisfy and obtain the required approvals from the various governmental agencies. We
do not want to present our application, work toward obtaining the needed approval from
the city, then have to come back to you at a later date. In fact, city approval will be
needed for the Harris County Landfill #3 plans before we can accurately present the rail
spur plan. We are currently working to obtain the required information for the city permit
application, and we trust that within 120 days we can proceed with the rail spur
application process outlined in our agreement.
Thank you for your consideration.
Sincerely,
La Porte Real Property LLC
21
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Back up not required for this item
22
NO BACK UP PROVIDED
.~____. _.c
23
- A
\! I elf D ({) d ( ()C fY(,)flik d af-
PRESENTATION 'lO BE MltD AT ~IEETING
yY){tj7'n~
B
No Back-up required for this item
c
REOUEST FOR CITY COUNCIL AGENDA ITEM
Report: ~ Resolution: _Ordinance:
Aoorooriation
Source of Funds: N/A
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item:
Agenda Date Requested: 8-25-08
Requested By: Tim TietjeDS~
Department: Plannine:
Exhibits: 3rd Quarter CIP Report
SUMMARY
The attached report summarizes the 3rd Quarter progress of Capital Improvement Projects assigned to the
Planning Department.
~ ~t IcIlJ
Date
Project 859 - Northside Community Plan
Project Description
The City's 2020 Comprehensive Plan and the 1999 Northside Neighborhood Plan goals
charge the City to do the following:
.. Consider to revitalize and rehabilitate existing housing where needed.
.. Encourage the rehabilitation or replacement of substandard housing.
.. Stabilize and improve the quality of neighborhoods and other areas in decline by
attracting renewed private investment activity.
.. Develop a visionary, community-based system to direct actions toward building a
strong economic base for new businesses and jobs together with affordable
housing initiatives.
To comply with these objectives, revitalization and development of this area will involve
3 phases: Phase I involves new housing construction (companion HOME Grant
Submitted); Phase II provides the installation of infrastructure; and Phase III creates a
linear pedestrian connectivity using the unimproved North E Street right-of-way. As a
part of Phase II, the City proposes to extend North 7th Street from West Madison to the
unimproved North E Street. City regulations require that property can only be developed
if the proper infrastructure is available, e.g. water, sewer drainage and streets. These
portions of N. ih Street and N. E Street are unpaved. The City believes that paving N.
7th Street will serve as a catalyst for housing development and the pedestrian trail on E
Street will connect and buffer the community.
Third Quarter FY 07-08
The first two of five homes are in process of conveyance to eligible buyers, and the
remaining three are under construction and should be complete by early September.
The linear E Street pedestrian improvements are to be bid in August. 2008 HOME
Award for 7th street lots has been approved. RFQ to procure builders will occur as
buyers are found for the three homes now under construction.
Project 905 - Texas Avenue Streets cape (same as 948, funds combined)
Project Description
Texas Avenue fronts the La Porte High School football stadium. The La Porte
Independent School District is considering some improvements to the stadium. Should
the school district undertake improvements on the stadium, this project would provide
improvements to Texas Avenue to improve circulation, pedestrian movement and
screening for the back of the strip center and dumpsters. The project would include
street and landscape improvements.
Third Quarter FY 07-08
Design charrette yielded 3-phase improvement recommendations by architect PBK not
in line with budget estimates. Recommendations scaled back with the option of splitting
the cost of Phase one with LPISD. Outcome on hold pending joint funding potential.
Project 918 - S. La Porte Trunk Sewer
Project Description
As recommended in the May 1984 Comprehensive Wastewater Collection and
Treatment Plan, the October 1997 Southeast Sanitary Sewer Trunk Main and Lift Station
Facilities Report, and the 2000 La Porte Comprehensive Plan a large diameter trunk
sewer is proposed along the west side of Bay Forest Golf Course to south of McCabe
Road. The project will include a proposed lift station at the intersection of Taylor Bayou
and McCabe Road. In August 2002, La Porte secured easements for the trunk sewer.
The construction of this line will allow for the development of approximately 300 acres of
land.
Third Quarter FY 07-08
This project is completed up to phase ii, Lift Station 6 which is under design. Phase ii to
be implemented as growth occurs in the vicinity of mcCabe Road.
Project 928 - Library Roof Repair
Project Description
To develop a design method to repair roof hips, ridge caps and perforated metal ridge
vents. Make repairs in accordance with the specifications developed by the roofing
consultant.
Third Quarter FY 07-08
Project is complete.
Project 931 - Laser Fiche
Project Description
This is the second phase for the laser fiche implementation. In fiscal year 2006, the City
Secretary's office completed the conversion. The $29,800 will allow Planning and
Engineering to convert their current records into document imaging allowing them to go
to a paperless system.
Third Quarter FY 07-08
Department is Analyzing the list of documents to fit the budgeted amount.
Project 941 - 908/912 West Main
Project Description
Additional funds to continue repairs of these two buildings, which include the parking lot,
landscaping, drainage, roofing and other needed repairs.
Third Quarter FY 07-08
Functional building improvements complete. Plans for exterior work (parking, fa~ade
treatment etc.) are a function of work with future tenant and participation regarding the
gateway enhancement project on/near the property.
Project 709 - Sidewalk Replacement Program
Note: This project does not roll forward each year. A new amount is budgeted
each year.
Project Description
These funds will be used to repair sidewalks located in various parts of the City. This is
the tenth year of a program designed to replace badly deteriorated sidewalks. The
sidewalks to be improved will be selected using guidelines previously reviewed and
approved by Council.
Third Quarter FY 07-08
The project is 99% complete. Staff developed a list of outstanding items. These will be
addressed during the next quarter when the contractor begins work on Pond to Park
Phase III.
Project 831 - Fire Station #3
Project Description
The location of Fire Station #3 has been finalized and the land has been secured. Funds
have previously been set aside for the construction. Due to delays in initiating the project
and to account for the rising costs of construction, staff is requesting $145,000 to provide
for the design services.
Third Quarter FY 07-08
Project is complete.
Project 911 - EMS Remodel
Project Description
The vacated fire station on Spencer Highway will be remodeled and become the new
home for our Emergency Medical Services. At this location they will have improved
access to several major thoroughfares, allowing faster emergency response times.
Third Quarter FY 07-08
Staff is investigating the AlC issue within the dormitory. The pre-existing ale unit is
struggling to keep the area cool. Staff met with several mechanical contractors to
identify the ale problem. The contractors recommended installing an additional three ton
unit or duct the return air. The contractors feel ducting the return air will increase the
system efficiency by 25-35% at a proposed cost $1,750. An added ale unit would cost in
excess of $6K. Staff conducted the one year final inspection identifying several building
problems. The most disruptive item is the door to the uni-sex restroom must be
relocated to adhere to ADA design criteria.
Project 927 - City Wheelchair Ramp and Infill Sidewalk Construction
Project Description
The installation of new wheelchair ramps on an as needed basis. To in-fill areas with
new sidewalk to interconnect existing sidewalks, also to connect schools and public
facilities with neighborhoods.
Third Quarter FY 07-08
Staff has completed the design of the sidewalk proposed for North 3rd St., an early 4th
quarter bid date is anticipated.
Project 935 - Training Facility
Project Description
The addition of a training classroom to the old ems building located of approximately
3,000 sf and the minor renovation to the existing building enlarging the kitchen, creating
a storeroom and transforming the commons area into a second smaller training
classroom. ($150,000)
Third Quarter FY 07-08
Hull and Hull provided a revised construction budget. Staff revised their budget further
by performing in-house tasks. The current budget is $380K, staff continues to search
avenues to reduce cost, such as pre-engineered buildings.
Project 943 - Golf Course Golf Paths
Project Description - This is a project of the 2007 general obligation bond Fund (049) in
the amount of $300,000 to remove and replace damaged cart paths
Third Quarter FY 07-08
The replacement of the cart paths is approximately 99% complete. There is one area
along #5 that has been identified for replacement, the contractor will complete in the 4th
quarter.
Project 725 - Participation in Water and Wastewater Line Oversizing
Note: This project does not roll forward each year. A new amount is budgeted
each year.
PROJECT DESCRIPTION
Often the City experiences growth in locations that are not served by utilities. Gaps
between new development and unserved areas create potential areas for City
participation. City participation will stimulate development in these areas.
THIRD QUARTER FY 07-08
No Activity this quarter
Project 788 - Fairmont Parkway Expansion to 6 lanes (with Harris Co.)
PROJECT DESCRIPTION
Harris County's bond program proposes improvements to Fairmont Parkway from
SH146 west to 16th Street. Under the City's plan, Fairmont Parkway remained a 4
lane(two each way) parkway with intersection improvements. In FY 1998-99, Council
approved $450,000 for this project. The City's participation is for upgrading Fairmont
Parkway to a 6-land roadway between SH146 and 16th Street. Due to increases in
costs, $200,000 of additional funding is needed.
THIRD QUARTER FY 07-08
Reviewed design drawings. Submitted comments to the County.
Project 847- F101 Watershed Channel Improvements
PROJECT DESCRIPTION
The current Interlocal Agreement with Harris County Flood Control District includes
channel improvements from Sens Road west approximately 1900 ft., then north to North
"P" Street and a culvert crossing North "P". Since the channel right-of-way south to
North "L" Street will be acquired, staff is recommending design and construction of that
channel and the culvert crossing North "L".
THIRD QUARTER FY 07-08
No money left in the fund.
Project 849- F216 Watershed Study Recommendations
PROJECT DESCRIPTION
The City received an updated F216 Watershed Study funded by Harris County Flood
Control District. The study recommends channel improvements to Little Cedar Bayou
coupled with linear detention between SH146 and Spencer Highway. Staff will review
the report's recommendations with City Council in the near future. Anticipating Council's
favorable response we propose the following projects: design linear detention, land
acquisition for linear detention, and excavation of linear detention.
THIRD QUARTER FY 07-08
Looking at scaling the project down to accommodate lack of funding for project as
designed.
Project 945 - Street/Drainage Participation
PROJECT DESCRIPTION
This is a new initiative to support new small business development. Currently, a short
perimeter road may be required for a development. The developer/owner pays for the
entire road. In the future, a different property owner may access his property through
this road without any expenditure or reimbursement. This would operate similarly to the
funds set aside for water/sewer participation. To implement would first take some policy
guidelines and ordinance amendment.
THIRD QUARTER FY 07-08
No activity this quarter.
Project 950 - F101 Master Plan Update/Design @ Pipeline Corridor
PROJECT DESCRIPTION
This project will initiate a study for further improvements to the F101 drainage system.
The specific target of this phase of the project will be crossing the pipeline corridor along
the F101 channel which has a major negative impact to any improvements that may be
envisioned. The goal is to reduce the cost associated with the construction of
improvements and to avoid any major relocation of pipelines within the easement.
THIRD QUARTER FY 07-08
No activity in this quarter.
Project 878 - Geographic Information System
Project Description
GIS staff will use in the creation/acquisition of new data layers as defined in "Chapter 3-
Needs Assessment" of the City's GIS Implementation Plan. The concentration of effort
will be in GPS field data collection and obtaining newly available data from outside
agencies.
Third Quarter FY 07-08
Engineering Staff continues to surveying the remaining 5% of sanitary sewer features.
The Engineering Division is continuing its field work in coordination with the Public
Works Department to focus on points which require extra effort to locate and/or field
verify in areas such as private backyard and alleys. GPS points are forwarded to
Claunch & Miller on a weekly basis for incorporation into our sanitary sewer maps.
Project 946-GIS-Review/Update of Implementation Plan
Project Description
Work with consultant to review & update the City's GIS Implementation Plan of 2002 in
order to ascertain the program's successes and deficiencies and to appropriate its
resources to more effectively serve the current and future needs of the city.
Third Quarter FY 07-08
Progress in the database work and the implementation plan update are currently on hold
until the Utility Mapping Program is complete. The monies budgeted for these projects
will be carried over to the next fiscal year.
D
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:
Source of Funds: NA
Requested By: Tim TietieG L
. rv-'
Department: Planmnl!:
Account Number:
NA
Amount Budgeted: NA
Report: -X....-Resolution: _Ordinance:
Exhibits:
Existing Ordinances (portions of Chapters 70 & 106)
Existing Truck Route Map
SUMMARY
City Council directed staff to conduct a review of the existing provisions of Chapter 106
(Zoning) regarding the trucking terminals and truck routes within the City limits of La Porte. At
the October 2007, La Porte Citizens Advisory Council meeting, staff made a presentation on
current projects and plans to improve truck transportation and safety. Staff highlighted area of
concerns about the language contained in the ordinances governing the trucking facilities,
terminals/yards, and specifically truck routes within the City limits of La Porte.
In addition, regulations such as location of truck terminals and truck routes are delineated in the
Traffic and Vehicles Ordinance (Chapter 70) enforced by the Police Department. Purpose of the
proposed changes is to correlate the provisions of Zoning Ordinance with Traffic and Vehicle
Ordinance for suitable placement of trucking facilities and proper use of the City's truck routes.
Action Reauired bv Council:
Review the attached ordinances and provide Staff with directions.
Council A enda
Ron Bottoms, City Manager
wJjlJ8
S 70-142
LA PORTE CODE
Sec. 70-142. Designation of crosswalks and safety zones.
The chief of police is hereby authorized to:
(1) Designate and maintain, by appropriate devices, marks, or lines upon the surface of
the roadway, crosswalks at intersections where, in his opinion, there is particular
danger to pedestrians crossing the roadway, and at such other places as he may deem
necessary.
(2) Establish safety zones of such kind and character and at such places as he may deem
necessary.
(Code 1970, S 25-45)
Sec. 70-143. Marking of traffic lanes.
The director of public works is hereby authorized to mark traffic lanes upon the roadway of
any street or highway where a regular alignment of traffic is necessary.
(Code 1970, S 25-46)
Sec. 70-144. Necessity of signs.
No provision of this chapter for which signs are required shall be enforced against an alleged
violator if, at the time and place of the alleged violation, an official sign is not in proper position
and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular
section does not state that signs are required, such section shall be effective without signs
being erected to give notice of such section.
(Code 1970, S 25-47)
Sees. 70-145-70-175. Reserved.
ARTICLE ~ STOPPING, STANDING AND PARKlNG*
Sec. 70-176. Designation and marking of parking stalls and areas where parking is
prohibited or limited.
(a) The director of public works shall cause parking stalls to be maintained and marked off
in and on such streets and parts of such streets as he may designate from time to time, and he
shall likewise cause spaces in which parking is prohibited to be maintained and marked off in
and on such streets and parts of such streets. The director of public works shall cause time
limit parking areas to be maintained and marked offin and on such parts of streets as he may
designate from time to time. All such spaces or areas shall be clearly indicated by appropriate
signs or by markings on the pavement or curb.
*State law reference-See Vernon's Ann. Civ. St. art. 6701d, S 27(a)(1), for authority of
city to regulate standing and parking of vehicles.
Supp. No.4
CD70:14
TRAFFIC AND VEHICLES
S 70-180
(b) In areas designated as time limit parking areas, parking may be limited to any period
prescribed by the chief of police, the time limits to be designated with clearly distinguished
markings or signs at both ends of the time limit area and at reasonable intervals between the
beginning and ending of such time limit area, indicating the time allowed for parking in such
area.
(c) Any prohibition of or time limit on parking established under this section shall apply on
such days and between such hours as prescribed by the signs.
(Code 1970, S 25-61)
Sec. 70-177. Parking in prohibited areas; overtime parking.
It shall be unlawful for any person to cause, allow, permit or suffer any vehicle registered
in his name or owned or operated by him or in his possession or under his control to be or
remain in any space or area in which parking is prohibited as provided in section 70-176, or in
a time limit parking area for a longer period of time than that designated by the markings on
the street or by signs clearly visible.
(Code 1970, S 25-62)
Sec. 70-178. Parking for more than 24 hours.
It shall be unlawful for any person or any owner to knowingly leave standing in any public
street, alley or other public place in the city any vehicle for a longer continuous period of time
than 24 hours.
(Code 1970, S 25-63)
Sec. 70-179. Parking time limit for trailers, semitrailers and other types of trailers.
It shall be unlawful for any person to knowingly leave, stand or park a trailer, semitrailer,
pole trailer, ranch trailer, boat, house trailer, utility trailer or truck tractor, either attached or
unattached to a motor vehicle, in any public street, alley, unimproved right-of-way, or other
public place in the city for a period of time in excess of four hours, or during any nighttime
hours. Trucks bearing a department of transportation (DOT) placard shall not be parked on
any street for a period of time in excess of one hour. A placard vehicle shall not be parked
within 2,000 feet of a school campus.
(Code 1970, S 25-64; Ord. No. 1792, s1(25-64), 10-28-91; Ord. No. 97-2172, S 1,4-14-97; Ord.
No. 97-2172-A, S 2, 5-10-04)
Sec. 70-180. Parking on private property without consent.
It shall be unlawful for any person or any owner to knowingly abandon or leave standing on
any private property, without the consent of the owner of such private property, any vehicle for
any period of time.
(Code 1970, S 25-65)
Supp. No. 15
CD70:15
~ 70-181
LA PORTE CODE
Sec. 70-181. Parking manufactured homes on streets or in public parks.
It shall be unlawful for any person to knowingly park, place or locate any recreational
vehicle or manufactured home upon any public street, public park, alley, unimproved
right-of-way, or other public place within the city limits for a period of more than four hours.
Such recreational vehicles or manufactured homes shall be parked parallel to the right side
curb, completely clear of driving lanes or areas of such street or park, and facing the direction
which traffic shall be designated to travel on such side of such street or in such driving area.
(Code 1970, ~ 14-3; Ord. No. 97-2172-A, ~ 3, 5-10-04)
Cross reference-Mobile homes and mobile home parks, ch. 98.
Sec. 70-182. Presumed operator of parked vehicles.
In a prosecution for an offense prohibited under VT.C.A. Transportation Code ch. 545,
subch. G, and relating to the stopping, standing and parking of unattended motor vehicles, it
is presumed that the registered owner of the vehicle is the person who stopped, stood, or
parked the vehicle at the time and place the offense occurred.
(Ord. No. 2006-2949, ~ 1, 12-11-06)
State law reference-Authority of city to create presumption as to operator of parked car
established by state law, VT.C.A., Transportation Code ~ 545.308.
Secs. 70-183-70-210. Reserved.
ARTICLE VI. TRUCK ROUTES AND GROSS WEIGHT LIMITS*
DIVISION 1. GENERALLY
Sec. 70-211. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Boat means a watercraft not more than 25 feet in length, measured from end to end, over
the deck, excluding shear, and manufactured or used primarily for noncommercial use. For
purposes of this article only, the term "boat" shall also include the trailer designed and used
for the transportation of the boat over the public streets and highways.
Commercial motor vehicle means any motor vehicle other than a motorcycle, designed or
used for the transportation of property, including every vehicle used for delivery purposes.
Daytime means one-half hour before sunrise to one-half hour after sunset.
Gross weight means the weight of a vehicle without load, plus the weight of any load
thereon.
*Cross reference-Streets, sidewalks and other public places, ch. 62.
Supp. No. 15
CD70:16
TRAFFIC AND VEHICLES
S 70-211
Hazardous material means any material that requires a federal department of transporta-
tion placard to be transported pursuant to 49 CFR 177.823, as adopted in state law.
House trailer means a recreational vehicle, trailer or semitrailer, whic~ is designed,
constructed and equipped as a temporary dwelling place, living abode or sleeping place, and is
equipped for use as a conveyance on streets and highways.
Legitimate repair facility means a commercial facility operated principally for the repair of
motor vehicles.
Light truck means any truck with a limited manufacturer's rated carrying capacity. This
definition is intended to include those trucks commonly known as one-ton trucks, pickup
trucks, panel delivery trucks and carryall trucks.
Nighttime means any time period other than daytime.
Pole trailer means every vehicle without motive power designed to be drawn by another
vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or
otherwise secured to the towing vehicle, and ordinarily used for transporting long or
irregularly shaped loads such as poles, pipes, or structural members capable, generally, of
sustaining themselves as beams between the supporting connections.
Ranch trailer means a vehicle, with or without motive power, other than a pole trailer,
designed for carrying livestock, ranch implements or other moveable personal property
attendant to the business and recreational use of the raising of livestock or crops.
SUpp. No. 15
CD70:16.1
TRAFFIC AND VEHICLES
~ 70-231
(-
Semitrailer means every vehicle, with or without motive power, other than a pole trailer or
ranch trailer, designed for carrying persons or property and for being drawn by a motor vehicle
and so constructed that some part of its weight and that of its load rests upon or is carried by
another vehicle.
Shipping containers means sealable shipping containers, designed for intermodal transpor-
tation, either with or without a permanent affixed chassis, used in interstate and international
commerce for the shipment of goods and merchandise.
Shipping containers storage yards means a facility for the storage, handling and repair of
shipping containers.
Trailer mean every vehicle, with or without motive power, other than a pole trailer or ranch
trailer, designed for carrying persons or property and for being drawn by a motor vehicle and
so constructed that no part of its weight rests upon the towing vehicle.
Truck mean any motor vehicle designed, used or maintained primarily for transportation of
property.
Truck routes means those routes which are designated by this article for the use of truck
traffic.
(
"
Truck terminal means a commercial facility operated principally for the loading, unloading,
storage, handling, maintenance or repair of trucks, truck tractors, trailers, semitrailers, pole
trailers, ranch trailers, shipping containers or commercial motor vehicles.
Truck tractor means every motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle
and load so drawn.
Truck traffic means the operation of any combination of a truck tractor, trailer, semitrailer,
pole trailer, shipping container or a commercial motor vehicle, but not including light trucks,
boats, house trailers, ranch trailers and utility trailers.
Utility trailer means a trailer without motive power, less than 25 feet in length.
(Code 1970, ~ 25-80; Ord. No. 1792, ~ 1(25-80), 10-28-91)
Cross reference-Definitions generally, ~ 1-2.
Sees. 70-212-70-230. Reserved.
DIVISION 2. TRUCK ROUTES
Sec. 70-231. Designation.
(
For the purposes of this division, those streets and thoroughfares within the corporate
limits of the city which are enumerated as follows are hereby designated as truck routes:
CD70:17
~ 70-231
LA PORTE CODE
16th Street
Extent
Entire extent within corporate limits
Entire extent within corporate limits
New State Highway 146 east to corporate
limits
Barbours Cut Boulevard south to Fairmont
Parkway
New State Highway 146 to west corporate
limi ts
New State Highway 146 to west corporate
limits
North Avenue C to West Main Street
Entire extent within corporate limits
Route
State Highway 225
New State Highway 146
Barbours Cut Boulevard
Fairmont Parkway
West Main Street
North 23rd Street
Undewood Road
Powell Road Fairmont Parkway south to 1700 block of
Powell Road
(Code 1970, ~ 25-81; Ord. No. 1792, * 1(25-81), 10-28-91; Ord. No. 97-2172, ~ 1,4-14-97)
Sec. 70-232. Use required generally.
No person shall operate truck traffic upon any roads, avenues, streets or thoroughfares
within the corporate limits of the city except on those which are designated as truck routes in
section 70-231, and subject to the gross weight limits established by division 3 of this article.
(Code 1970, ~ 25-82)
Sec. 70-233. Exception to section 70-232; point of origin.
(a) The provisions of section 70-232 notwithstanding, in those instances where any truck
traffic, originating within the corporate limits of the city, shall have as its point of origin a
point located off a designated truck route, it shall proceed to the nearest point on a designated
truck route by the most direct route possible. If such truck traffic shall originate outside the
corporate limits of the city and enter the city at a point which is not on a designated truck
route, it shall proceed to the nearest point on adesignated truck route by the most direct route
possible.
(b) In those cases where truck traffic originates off a designated truck route, whether inside
or outside the corporate limits of the city, and the destination of the truck traffic is nearer the
origin or point of entering the corporate limits of the city than is the nearest point on a
designated truck route by the most direct route possible, it shall not be necessary to proceed
to the nearest designated truck route.
(Code 1970, ~ 25-83)
CD70:18
TRAFFIC AND VEHICLES
~ 70-237
Sec. 70-234. Loading, unloading and repair of trucks.
Truck traffic restricted to the streets designated as truck routes may depart from such truck
routes where it is necessary to load, unload or seek repairs at a legitimate repair facility, at a
location situated off designated truck routes; provided, however, that such truck traffic shall
not leave any designated truck route until such truck traffic has reached a point on some
designated truck route which is nearest the applicable place ofloading, unloading or servicing
by the most direct route possible. After leaving a designated truck route to load or unload,
truck traffic may continue off truck routes to as many points of destination as necessary. If, in
the course of making the necessary stops for loading and unloading, the truck traffic shall cross
a designated truck route, then, in that event, such truck shall not again leave any designated
truck routes until it has reached a point on some designated truck route which is nearest to the
next place of loading and unloading by the most direct route possible.
(Code 1970, ~ 25-85; Ord. No. 1792, ~ 1(25-85), 10-28-91; Ord. No. 97-2172, ~ 1, 4-14-97)
Sec. 70-235. Hazardous cargo routes; designation.
(a) For the purpose of this division, those streets and thoroughfares within the corporate
limits of the city which are enumerated as follows are hereby designated as hazardous cargo
routes:
Route
Extent
State Highway 225
New State Highway 146
Fairmont Parkway
Entire extent within corporate limits
Entire extent within corporate limits
New State Highway 146 to west corporate
limits
(b) Vehicles transporting hazardous materials shall not leave the hazardous cargo route
except to pick up or deliver. The vehicle shall not leave the hazardous cargo route until such
vehicle has reached a point which is nearest the applicable place of loading or unloading and
shall return to the hazardous cargo route by the most direct route.
(Ord. No. 1792, ~ 1(25-84.1), 10-28-91; Ord. No. 97-2172, ~ 1,4-14-97)
Sec. 70-236. Alternate routes.
Whenever any street or roadway designated as a truck route is under repair, or otherwise
temporarily out of use, the chief of police shall be authorized to designate alternate truck
routes.
(Code 1970, ~ 25-88)
Sec. 70-237. Location of truck terminals.
Truck terminals, as defined in section 70-211, shall only be located in areas directly adjacent
to the right-of-way ofthe truck routes specifically designated in section 70-231.
(Code 1970, ~ 25-84; Ord. No. 97-2172, ~ 1, 4-14-97)
Supp. No. 10
CD70:19
~ 70-238
LA PORTE CODE
Sec. 70-238. Lane use restrictions for trucks on portions of State Highway 225.
(a) That the findings contained in the preamble of Ordinance No. 2003-2618 are determined
to be true and correct. As evidence thereof, documents establishing the approval described in
the preamble of Ordinance No. 2003-2618 have been incorporated into this section and made
a part hereof as exhibit A.
(b) That, as used in this section, the following terms shall have the meanings ascribed in
this section:
Authorized lanes means the two controlled access lanes on each side of the State Highway
225 (eastbound side and westbound side) that are most immediately to the right of the
left-hand (or inner) controlled access lane.
Designated portion of State Highway 225 means that portion of State Highway 225
between the point at which the corporate limits of the Cities of Deer Park and La Porte abut
on the west and the intersection of Sens Road overpass on the East.
Peak traffic hours means the hours between 6:00 a.m. and 8:00 p.m.
Truck means a "truck" as defined in Section 541.201 of the Texas Transportation Code
that has three or more axles or a "truck tractor" as defined in Section 541.201 of the Texas
Transportation Code, regardless of whether the truck tractor is drawing another vehicle or
trailer.
Workday means Monday through Friday, holidays observed by the closure of City of La
Porte offices excepted.
(c) Any person driving or operating a truck on the designated portion of State Highway 225
during peak traffic hours on any workday shall not utilize any controlled access lane other
than the authorized lanes.
(d) That enforcement of this section is subject to Section 545.0651 of the Texas Transpor-
tation Code, and the prohibition established in subsection (c) of this section shall not be
effective during any period of suspension or revision of approval by the Executive Director of
the Texas Department of Transportation or the director's designee as provided in subsection (f)
of Section 545.0651 or during any period when traffic control devices that are required to be
erected and maintained by the Texas Department of Transportation pursuant to Section
545.0651 are not in place, nor shall the provisions of this section be construed to prohibit
operation of a truck in a lane other than an authorized lane for the purpose of passing another
vehicle or for the purpose of entering and exiting the highway.
The provisions established under subsection (d) shall constitute defenses to prosecution under
this section.
(e) Any person, as provided in Subchapter D of Chapter 542 of the Texas Transportation
Code, who shall violate any provision of this section, shall be deemed guilty of a misdemeanor
and upon conviction shall be punished by a fine not to exceed $200.00.
(Ord. No. 2203-2618, ~~ 1-5, 3-24-03)
Supp. No. 10
CD70:20
TRAFFIC AND VEHICLES
~ 70-256
Sees. 70-239-70-255. Reserved.
DMSION 3. WEIGHT LIMITS
See. 70-256. Enumeration.
Except as otherwise provided by law, no commercial motor vehicle, truck-trailer, trailer or
semitrailer, nor combination of such vehicles, shall be operated over, on or upon the public
streets and highways within the corporate limits, having a weight in excess of one or more of
the following limitations:
(1) No such vehicle nor combination of vehicles shall have a greater weight than 20,000
pounds carried on anyone axle, including all enforcement tolerances; or a tandem axle
weight in excess of 34,000 pounds, including all enforcement tolerances; or an overall
gross weight on a group oftwo or more consecutive axles in excess of that produced by
application of the following formula:
( J~ ) + 12N -;- 36
where W equals overall gross weight on any group of two or more consecutive axles to
the nearest 500 pounds, L equals distance in feet between the extreme of any group of
two or more consecutive axles, and N equals number of axles in group under
consideration, except that two consecutive sets oftandem axles may carry a gross load
of 34,000 pounds each, providing the overall distance between the first and last axles
of such consecutive sets of tandem axles is 36 feet or more; provided, however, that
such overall gross weight may not exceed 80,000 pounds, including all enforcement
tolerances.
W = 500
(2) No such vehicles nor combination of vehicles shall have a greater weight than 600
pounds per inch width of tire upon any wheel concentrated upon the surface of the
highway and using high-pressure tires, and a greater weight than 650 pounds per inch
width of tire upon any wheel concentrated upon the surface of the highway and using
low-pressure tires, and no wheel shall carry a load in excess of 8,000 pounds on
high-pressure tires and 10,000 pounds on low-pressure tires, nor any axle a load in
excess of 16,000 pounds on high-pressure tires, and 20,000 pounds on low-pressure
tires.
(3) Nothing in this section shall be construed as permitting size or weight limits on the
national system of interstate and defense highways within the corporate limits of the
city in excess of those permitted under 23 USC 127. If the federal government
prescribes or adopts vehicle size or weight limits greater than those prescribed by 23
USC 127 for the national system of interstate and defense highways, the increased
limits shall become effective on the national system of interstate and defense highways
within the corporate limits of the city.
Supp. No. 10
CD70:20.1
TRAFFIC AND VEHICLES
S 70-256
(4) In this section, an axle load is defined as the total load transmitted to the road by all
wheels whose centers may be included between two parallel transverse vertical planes
40 inches apart, extending across the full width of the vehicle. Tandem axle group is
defined as two or more axles spaced 40 or more inches apart from center to center,
having at least one common point of weight suspension.
(5) Any police officer, having reason to believe that the gross weight or axle load of a
loaded motor vehicle is unlawful, is authorized to weigh the vehicle by means of
portable or stationary scales approved by the police department ofthe city for such use,
or the police officer may cause the loaded motor vehicle to be weighed by any public
weigher and may require such vehicle to be driven to the nearest available scales for
the purpose of weighing. If the gross weight of a vehicle weighed pursuant to this
subsection, is found to exceed the maximum gross weight authorized by law, plus a
tolerance allowance of five percent of the gross weight authorized by law, such police
officer shall demand and require the operator or owner of the motor vehicle to unload,
or cause to be unloaded, such portion of the load as is necessary to decrease the gross
weight of such vehicle to the maximum permitted by law, plus such tolerance
allowance. Such vehicle may not be operated further over the public streets and
highways within the city until the gross weight of the vehicle has been reduced to a
weight not in excess of the maximum authorized by law plus such tolerance allowance,
except as authorized under this subsection. If the axle load of a vehicle weighed
pursuant to this subsection, is found to exceed the maximum authorized by law, plus
a tolerance allowance of five percent of the axle load authorized by law, such police
officer shall demand and require the operator or owner of the motor vehicle to decrease
the axle load to the maximum authorized by law plus such tolerance allowance. The
owner or operator may reduce such load by rearranging the cargo, if possible, or by
unloading or having others to unload such portion of the cargo as is necessary to
decrease the axle load to the maximum authorized by law, plus such tolerance
allowance. Such vehicle may not be operated further over the public streets and
highways within the city so long as any axle load exceeds the maximum authorized by
law plus such tolerance allowance except as authorized under this subsection. If the
load of a motor vehicle consists of livestock, the operator shall be permitted to proceed
to the destination without unloading providing the destination is within the state. If
the gross weight of a motor vehicle or an axle load exceeds the maximum permitted by
law, plus a tolerance of five percent ofthe gross weight authorized by law, but the police
officer believes that the cargo cannot be unloaded or rearranged safely at the place
where such vehicle was weighed, or the police officer believes that the unloading or
rearranging of the cargo at such place would create an unreasonable disruption of
traffic, he shall require the operator to proceed to a location where the cargo can be
unloaded or rearranged safely without causing disruption to traffic. Such location shall
be the nearest such place on city property, or property under the control of the driver
or his principal, or on property where consent has been given for such loading and
where it is feasible to unload or rearrange such cargo.
(Code 1970, ~ 25-86(a))
CD70:21
~ 70-257
LA PORTE CODE
Sec. 70-257. Operation of overweight vehicles; special permitrequu-ed.
Any person desiring to operate a vehicle on city streets in excess of the load limit set out in
section 70-256 shall first obtain a special permit from the city inspection department. Such
permit shall not be issued unless reasonably necessary.
(Code 1970, ~ 25-86(b))
Sec. 70-258. Application of division to road rollers or other road machinery; permit
required.
The limitation as to weight prescribed by section 70-256 shall not apply to road roll€lrs or
other roadmaking or road repairing machinery being mov€ld or uS€ld on a street by the United
States, the state, the city or any contractor moving or using such road machinery in the
performance of or preparatory to the performance of a contract with either the United States,
the state or the city, but in event of any such roadmaking or road repairing machinery of a
weight in excess of the limit set out in section 70-256 being moved over the streets or bridges
in the city, the person charged thereof shall first obtain from the inspection department a
permit for such movement, which permit shall designate the route or streets and also the
bridges over which such movement shall take place, and such machinery may then b€l moved,
but not elsewhere than over such designated routes.
(Code 1970, ~ 25-86(c))
Sec. 70-259. Liability for dattlages done to streets, bridges or culverts.
Any person moving or causing to be moved a load which, together with the weight of the
vehicle, exceeds the limit as set out in section 70-256, shall be liable to the city for any damage
done by any such excessively loaded vehicle to the streets, bridges or culverts in the city and
the acceptance of either of the permits provided for in this division shall be conclusive evidence
that the person to whom such permit is issued agrees to make good and pay all such damages
upon demand thereof made by the city.
(Code 1970, ~ 25-86(d))
Sec. 70-260. Compliance by operator with state law provisions.
The driver, owner, operator or other person operating or driving any comm€lrcial motor
vehicle, truck, tractor, trailer or semitrailer, or combination of such vehicles over, on or upon
city streets or public highways within the limits of the city shall comply with the provisions of
"Y.T.C.A., Transportation Code ~~ 502.151, 502.178, 621.002, 621.101, 621.501, and 621.951.
(Code 1970, ~ 25-86(e))
Sec. 70-261. Signs and markings.
(a) When signs are erected giving notice thereof, no person shall operate any vehicle with
a gross weight in excess of the amounts specified on such signs, at a.ny time, upon any of the
streets or parts of streets so signed. Under this section, as vehicle weight is indicated by the
number of axles supporting such vehicles, signs limiting the number of axles on vehicles shall
be official.
CD70:22
* - Not allowed.
Uses (SIC Code #)
All uses permitted or accessory in the GC
zone, except residential
All uses conditional in the GC zone, except
residential
Nonmanufacturing Industries:
Adult oriented business
Air transportation (451-458)
General contractors, heavy construction
(161, 162, 1541)
Highway transportation terminal and ser-
vice facilities (417)
Motor freight transportation and warehous-
ing (421, 423)
Farm product warehousing and storage
(4221)
Public warehousing (4222-4226)
Railroad transportation (401)
Shipping container, or fabricated plate work
(3443)
Storage inside
Storage outside (refer to Section 106-
444(b) )
Wholesale trade:
Durable goods-light (502,504, 507,5082,
5087, 5094)
Durable goods-medium (501)
Durable goods-heavy (503,5051,5082-
5085, 5088)
Durable goods-heavy (5052,5093)
Wholesale trade:
Nondurable goods-light (511-514, 518)
Supp. No.4
CD106:65
ZONING
BI
P
C
*
P
P
P
*
*
P
*
P(ACDE)
*
P
P
*
*
P
Zones
LI
P
C
*
P
P
P
P
P
P
*
P(ACDE)
*
P
P
C
*
P
~ 106-521
HI
P
C
P(G)
P
P
P
P
P
P
P
P
P(ACDE)
P
P
P
P
P
S 106-521
LA PORTE CODE
Uses (SIC Code #)
Nondurable goods-medium (5172,5191-
5199)
Nondurable goods-heavy (515, 516, 5171)
Manufacturing Industries:
Chemicals and allied products (282-285)
Electrical and electronic equipment and
supplies
Light (361-365, 367)
Medium (361, 366, 369)
Fabricated metal products and machinery
Light (341-345, 358,3592)
Medium (3493, 3498, 351-353, 356)
Heavy (346, 347,354, 355,357)
Heavy (348)
Food and kindred products
Light (202, 205, 2065-2067)
Medium (2086, 2087, 2092-2099)
Heavy (201, 203, 204, 2062, 2063, 207,
2082-2085)
Leather and leather products (311-319)
Welding shops (7692)
Lumber products, furniture and fixtures
Light (251-259)
Medium (243-245)
Heavy (249)
Measuring, analyzing and controlling in-
struments (381-387)
Miscellaneous manufacturing (391-396)
Machine shops (3599)
Miscellaneous manufacturing industries
(3991-3995)
Off-premises freestanding signs
Supp. No.4
BI
C
*
*
P(ACDE)
P(ACDE)
P(ACDE)
*
*
*
P(ACDE)
C
*
C
P(ACDE)
P(ACDE)
C
*
P(ACDE)
P(ACDE)
P(ACDE)
*
Zones
LI
P
*
P(ACDE)
P(ACDE)
P(ACDE)
P(ACDE)
P(ACDE)
P(ACDE)
*
P(ACDE)
P(ACDE)
C
P(ACDE)
P(ACDE)
P(ACDE)
P(ACDE)
C
P(ACDE)
P(ACDE)
P(ACDE)
See article VII of this chapter
P(ACDE).
CD106:66
HI
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Uses (SIC Code #)
On-premises freestanding signs
Paper and allied products (265-267)
Printing and publishing (271-279)
Rubber and miscellaneous plastics (301,
302, 304, 306, 307)
Stone, clay, glass and concrete (321-325,
3261, 327-329)
Tank truck cleaning
Truck stops
Textile mill, and finished products
Light (224, 225, 231-239)
Medium (222, 223, 226, 229)
Tobacco manufacturers (211-214)
Loading berths at the front or sides of
buildings adjacent to R.O.w.
Industrial PUD (refer to section 106-636)
Facilities in excess of height restrictions
imposed in section 106-522
ZONING
~ 106-521
BI
Zones
LI
HI
See article VII of this chapter
*
*
P
P
P(ACDE)
P(ACDE)
*
C
P
*
*
P
P
*
*
P(R, 1)
*
*
P(ACDE)
P(ACDE)
P(ACDE)
P(ACDE)
P
P
P
*
*
C
C
C
C
C
C
*
*
C
C
Unlisted uses, similar to uses listed above C C
(b) Interpretation and enforcement. Property uses, except as provided for by section
106-521(a), Table A, are prohibited and constitute a violation of this chapter.
(c) Footnotes. All permitted uses in industrial zones must meet the following minimum
performance standards. If requested by the enforcement officer, all applications for building
permits must include a certification from a registered engineer that verifies compliance with
these performance standards. Where applicable, all permitted uses in industrial zones must
meet and be in compliance with the appropriate federal, state, or local regulations.
A. Lighting and glare. Any lighting used shall be arranged so as to deflect light away from
any adjoining residential zone or from public streets. Direct or sky-reflected glare,
where from floodlights or from high temperature processes such as combustion or
welding shall not be directed onto any adjoining property. The source oflights shall be
hooded or controlled in some manner so as not to light adjacent property. Bare
incandescent light bulbs shall not be permitted in view of adjacent property or public
right-of-way. Any light or combination of lights which cast light on a public street shall
not exceed one footcandle (meter reading) as measured from the centerline of such
street. Any light or combination oflights which casts light on residential property shall
not exceed 0.4 footcandles (meter reading) as measured from such property.
SUpp. No. 12
CD106:67
ZONING
~ 106-522
I. Truck stops. The facility shall be permitted in the business industrial (BI) districts on
truck routes along Barbour's Cut Boulevard and State Highway 146. No construction
of any kind shall be permitted within the stipulated setbacks for business industrial
zoning districts.
(Ord. No. 1501U, ~ A(art. B), 9-23-96; Ord. No. 1501-AA, ~ 6, 3-23-98; Ord. No. 1501-BB, ~ 5,
9-15-98; Ord. No. 1501-11, ~5, 3-27-00; Ord. No. 1501-0000, ~ 7, 6-27-05)
Cross reference-Sexually oriented businesses, ~ 90-31 et seq.
Sec. 106-522. Table B, industrial area requirements.
(a) Table B, industrial area requirements.
Adjacent to
Residential
Minimum Minimum
Yard Yard
4Minimum Maximum Setbacks Setback
Landscaping Lot F.R.S. F.R.S. Maximum
Requirements Coverage 1,3,5 2,5 Height Bldg. Design
Uses (percent) (percent) (feet) (feet) (feet) Standards10
BI business-industrial 6 50 50-40-30 50-40-30 N/A 100% mason-
park; all permitted or rylO
conditional
LI light industrial dis- 6 70 20-10-10 30-50-50 N/A
triet; all permitted or
conditional
HI heavy industrial dis- 6 30 50-50-30 100-150-150 45
triet all permitted or
conditional
Loading docks N/A N/A 130-130-130 Same as N/A
principal
use plus
130 ft.
Outside storage N/A N/A 20-10-5 Same as Section 106-
principal 444(b)
use
Truck stops 15 50 50-40-30 50-40-30
Shipping containers 6 N/A 50-50-30 100-150-150 367.8
On- and off-premises See article VII of this chapter
freestanding signs
Freestanding on-pre- See article VII of this chapter
mises signs located in
controlled access high-
way corridors
(b) Footnotes.
1. A minimum landscape setback of 20 feet will be required adjacent to all designated
conservation areas. Buildings, parking areas, loading docks, outside storage, and
refuse containers will not be allowed in such setback areas. These areas are to be
Supp. No. 16
CDI06:69
\
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E
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Aueust 25. 2008
D. WU-re iN~
Plannin~
Bud2et
Requested By:
Source of Funds:
Department:
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Ord. #894 (1971)
Amount Requested:
Exhibits:
Exhibits:
Zonin2 Sect. 106-799
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
In 1971, the City Commission passed an ordinance that made it unlawful for a person (owning or controlling any
property) to construct., maintain or permit to remain on said property any fence charged with electricity. That
regulation is now incorpomte in Zoning Section 106-799, that prohibition continues. Staff was recently asked to
research electric fences and workshop the matter with City Council.
While the National Electrical Code does not address electric fences, staff did visit a website on electric fence
chargers associated with horse fencing. In general, low impedance electric fence chargers are safe due to the pulsed
nature of the charge. The shocked person or animal has no difficulty letting go of the charged conductor. Even so,
there is always the remote possibility that an animal or person might get entangled in a fence, which is one reason
why chargers above "about 3 joules" should be used with a modicum of caution Another reason is that one would
not wish to administer a shock strong enough to panic a horse in a small enclosure - especially an enclosure to
which the horse is not accustomed. A relatively strong charger would be considered "3 to 12 joules".
Should Council wish to allow electric fences within the city, they may wish to restrict electric fencing to "livestock
purposes only and on large lots of one acre (43,560 square feet) or larger in size thus eliminating the neighborhoods
where the separation between houses tend to be only ten feet (10').
OnsI er possible change to electric fence regulations and provide staff with direction on amendments
81Jlli/b
Date
.c
c,
(
l
r/
...,'.
ORDINANCE NO.
894
AN ORDINANCE PROHIBITING ELECTRIC FENCES WITHIN THE CITY OF
LA PORTE; CONTAINING A SAVINGS CLAUSE AND A REPEALING CLAUSE~<
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDI-
NANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED
DOLLARS ($200.00) AND EACH DAY OF VIOLATION SHALL BE DEEMED A
SEPARATE OFFENSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE:
Secti~n 1. It shall be unlawful for any person owning or
controlling any property in the city to construct, maintain or
permit to remain on such property any fence charged with elec-
tricity. It shall further be unlawful for any person to
cause any fence situated in the city to become charged with a
current of electricity, to connect any such fence with a source
of electricity or to permit any fence under the control of
such person to be connected with a source of electricity. In
any prosecution under this se,ction, testimony that any fence
was under the control of the defendant or situated on his
premises and that any person received an 'electricshock by
coming in contact with such fence shall be prima facie evidence
that such defendant caused such fence to be charged with a
current of electricity and caused and permitted such fence to
be connected with a source of electricity.
Section 2. The invalidity of any section or provision
of this ordinance shall not invalidate other sections or
provisions thereof.
Section 3. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 4. Any person, firm, corporation, association,
partnership, trustee, or any agent, servant or employee thereof
who shall violate any provision of this ordinance, shall be
deemed guilty of a misdemeanor and upon conviction shall be
punished by a fine not to exceed Two Hundred Dollars ($200.00).
Each day any violation of this ordinance shall continue shall
constitute a separate offense.
Ordinance No.
894
, Page 2.
c
Section 5. This Ordinance shall be effective fourteen
(14) days after its passage and approval.
The City Clerk sha~l
I ,
give notice of the passage of this ordinance by causing the
caption hereof to be published in the official newspaper in
the passage of this ordinance.
the City of La Porte at least twi'ce wi thin ten (10) days after
PASSED AND APPROVED, this the 11th day of October, 1971.
\
'-,
APPROVE: tJ ~~
Ci~rneY
(
l
CITY OF LA PORTE, TEXAS
By ?/~~~
H. Carlos Smith, Mayor
ZONING
106-799
can be fastened commencing at a point at least seven feet above the gro d, and such fence
shall not be erected within the required landscaped portion of any d or the front~ard
tback of any commercial or industrial establishment.
motive wrecking, salvage
-798. Fencing and wall requirements
yards, junk dealers, etc.
(a) Genera requirement. Every automotive wrecki and salvage yard/junk dealer/scrap
metal processor d with the city shall be completel surrounded and enclosed by a solid fence
or wall which is at east eight feet in height.
wall. Every fence or wall herein shall be
(b) Construction, m intenance of fence
constructed and maintai d as follows:
(1) All fences shall be co tructed 0 wood, masonry, corrugated sheet metal, chain link or
any combination there ; pr . ded, however, that anyone side of an automotive
wrecking and salvage yar . nk yard/scrap metal processing yard shall be bounded by
a fence or wall construct a 0 only one of the above materials.
,
(2) cted of galvanized chain link fencing with wood or
links of the chain link fence.
(3) All fences or wa s shall extend down rd to within three inches of the ground and
and square at all times.
(4) All fences 0 walls shall be constructed in co liance with all applicable provisions of
the buildiJg code of the city.
(c) Use ofwcrU, door or building as part offence or wall. part of a fence or wall required
by subsectioI}1a) of this section may consist in whole or in part 0 a solid wall and door, or walls
and doors <I'any completely enclosed building on the premises, i uch wall or door meets all
construcybn requirements set forth in this section.
I
(d) ,pates at openings in enclosure. Openings in the prescribed closure which are
necJ.S~ary to permit reasonable access to said automotive wrecking and s vage yards/junk
~_ds/scrap metal processing yards shall be equipped with a solid gate or ga ,.,constructed
and maintained in accordance with the requirements for a fence or wall set th in this
section. Such gates shall be closed and securely locked at all times except 'durin ormal
daytime business hours.
(Code 1970, ~ 123/4-14(c)-(f))
~
Sec. 106-799. Construction, maintenance of electric fences prohibited.
It shall be unlawful for any person owning or controlling any property in the city to
construct, maintain or permit to remain on such property any fence charged with electricity.
It shall further be unlawful for any person to cause any fence situated in the city to become
charged with a current of electricity, to connect any such fence with a source of electricity or
to permit any fence under the control of such person to be connected with a source of electricity.
In any prosecution under this section testimony that any fence was under the control of the
Supp. No, 4
CDI06:89
S 106-799
LA PORTE CODE
defendant or situated on his premises and that any person received an electric shock by coming
in contact with such fence shall be prima facie evidence that such defendant caused such fence
to be charged with a current of electricity and caused and permitted such fence to be connected
with a source of electricity.
(Code 1970, S 8-3)
l'
Sec. 106-800. Landscaping.
(a) L dscaping is required in percentages specified in sections 106-333, 106-4t3';and
106-522. .te plan and/or separate landscape plans shall be submitted in conjunstion with
building pe it applications. Approval of landscape requirements is a conditio:q.6f building
permit appro . Total area of required landscaping shall be computed by/the following
method:
(1) ed site area shall be computed.
(2) Total area of ro ed over improvements shall be computed a1J.d then deducted from the
developed site are
(3) dscaping shall be based on t~,etotal remaining developed site
area.
(b) Public right-of-way may be u d for landscaping"purposes. However, right-of-way used
for landscaping will not contribute wards a toti required landscaping percentage for
parking and open-space areas. Landscap g on pul;>lfc property or easements is at owner's risk
and subject to the requirements of section 06-794.
/
(c) Landscaping plans shall be developedAl .ng the following criteria:
/
(1) Location. ./
/
a. Required landscaping sha,l1 be located the front and side yard.
/
b. Landscaping located in/sight triangles s II be maintained in a manner that
maintains an area Ofl clear visibility betwe three and six feet as measured
vertically from the adjacent prevailing grade.
/
(2) Types of plants and mql~rials. Grass, ground cover, flo ring and nonflowering plants,
shrubs and trees, w~d, timber, stone, fountains, and po s may be us~,d for required
landscaping. /
I
(3) Maintenance. R~uired landscaping must be maintained by th roperty owner and/or
occupant. /I
1/
Landscaping~reening for shipping container facilities.
I
The pro.p~rty owner or tenant shall provide a natural
accomplisHed in one of three ways.
/
a. /1 Leave in place existing trees, vegetation, underbrush, etc. to provide a
/ continuous and effective opaque visual screening of the shipping c
/ development.
/
I
/
S'6pp. No.4
/
CD106:90
(d)
(1)
\
F
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Budl!et
Requested By:
Source of Funds:
Department:
Planning
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Ordinance 759-A
Amount Requested:
Exhibits:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
On July 25, 2005, City Council adopted Ordinance 759-A (copy attached), which updated the front foot
fees charged to developing businesses and residences. Recent inquiries about the implementation of the
ordinance have prompted staff to seek additional guidance from Council.
'Llu / I/O
Date
e
.
ORDINANCE NO. 2005 - 7~ - II
ORDINANCE AMENDING CHAPTER 74 "UTILITIES" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY ADDING NEW DIVISION 4 "UTILITY
CONNECTION FEES," TO ARTICLE III. 'WATER AND SEWER SERVICE
CHARGES"; AND BY AMENDING APPENDIX A "FEES"; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL TO THE CITY OF LA PORTE:
SECTION 1. The Code of Ordinances, City of La Porte, is hereby amended by adding
Section 74-278, Connection Fees, to Chapter 74 Utilities, Division 3 Sewer Service
Rates and Charges, Article III. Water and Sewer Service Charges" and by amending
Appendix A, Fees
SECTION 2. New Chapter 74, Division 4, of the Code of Ordinances of the City of La
Porte is hereby added to the Code of Ordinances of the City of La Porte and will read
as shown on Exhibit "A", attached hereto and made a part of this Ordinance for all
purposes.
SECTION 3. Appendix "A", Fees, Chapter 74, Utilities, Article III. Water and Sewer
Service Charges, Division 3, Sewer Service Rates and Charges, of the Code of
Ordinances of the City of La Porte is hereby amended to read as shown on Exhibit "B",
attached hereto and made a part of this Ordinance for all purposes.
SECTION 4. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date. hour. place and subject of this meeting of the City
Council 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 the 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 5. This Ordinance shall be effective upon its passage and a~l?fOval. Rates
e bUshed by this Ordinance shall take effect on the ;)5~ day of
,2005
Ordinance No. 2005-
Page 2
lq,!/
e
PASSED AND APPROVED this the ')..<)4 day of
,2005.
By. ~~~
ALTON E. PORTER, MAYOR
ATTEST:
APPROVED:
2
-
EXHIBIT "A"
e
ARTICLE III. WATER AND SANITARY SEWER SERVICE CHARGES
DIVISION 4. UTILITY DEVELOPMENT FEES
Sec.74-280. Definitions
Actual cost is the cost of off-site water lines or sanitary sewer line extensions as was
paid by the city or developer for the contractor to complete the project.
Developer is a person, firm or corporation, whether one or more or a combination of
one or more, that improves, sells or uses land for the purpose of constructing
residential, commercial or industrial buildings thereon to be sold or leased to others, or
for personal use.
Development fees are the monetary fees paid for each dwelling, lot, tract, or parcel
of land per the schedule of fees found in Exhibit B attached hereto, incorporated for
reference herein and made a part hereof for all purposes.
Off-site extension is an extension of water lines or sanitary sewer lines that are
totally outside a tract of land to be subdivided and/or developed.
Sanitary sewer lines are the sanitary sewer mains, laterals, sanitary sewers, lift
stations, and pump stations located in public streets and easements.
Tap fees are the fees paid for a metered water service connection or a stack fee for
sanitary sewer service.
Tract acreage is the total acreage that can be served by the off-site extension, Le.,
the total acres or parcels of land that can be served on the extension as shown by a
project service area map to be prepared by the planning department prior to
construction of the extension.
Water lines are the water mains, service lines, fire hydrants, and appurtenances
located in public streets and public easements.
Sec. 74.281. City to construct water and sanitary sewer lines only in public
rights-of-way, or easements.
The City shall construct or cause to be constructed water and sanitary sewer
laterals, mains, and facilities under the provisions hereof only in public rights-of-way or
easements. All such laterals, mains and facilities when constructed shall remain the
property of the City of La Porte, and no person shall, by the payment of the
development fee, or any other means, acquire any interest or right in any laterals,
mains, or facilities, or any portion thereof, other than the privilege to have their property
connected thereto for water and/or sanitary sewer service in accordance with the
Ordinances of the City.
1
-
EXHIBIT "A"
e
Sec. 74-282. Developer Responsibilities.
A. The developer will be responsible for installation of all internal utilities necessary
to serve the development including fire protection and either public or private lift
station(s) where required.
B. A developer/owner may also be required to pay a pro-rata reimbursement for
certain infrastructure funded by a third party. In such cases the developer/owner
will pay the larger of the following two fees:
1. The development fee established in Exhibit B, or
2. The pro-rata fee due to the third party
C. In all cases, a tap fee per connection and all applicable inspection fees are due
to the City before the physical connection to the public infrastructure line is
made.
Sec. 74-283. City participation in cost of extension of mains
A. The decision of whether or not the City will participate in the cost of extending
any water or sanitary sewer main to serve the property of an applicant under the
provisions hereof shall be on a case by case basis. Requests for city
participation shall be in writing to the Director of Planning.
B. For developments whose utility demands are higher than can be accommodated
by existing utilities and the proposed land use is different than that described for
in the La Porte Comprehensive Plan, the developer shall be responsible for and
will provide for any additional costs necessary to serve the development
Sec.74-284. Determination of development fees.
A. A development fee shall be charged for each dwelling, lot, tract, or parcel of
land. The owner thereof, whose water and sanitary sewer line shall be
hereafter connected with any water main or sanitary sewer main in the City of
La Porte, shall be charged at the rates enumerated in Exhibit B attached
hereto, incorporated for reference herein and made a part hereof for all
purposes being a portion of the total cost of such water and sanitary sewer
mains.
B. The cost of constructing mains under the provisions hereof shall include but
not be limited to the cost of acquiring all easements and rights-of-way
necessary and convenient.
C. In the event of a dispute as to the amount of development fees to be paid for
a particular property or the method of computing same, the Director of
Planning, shall apply that charge or method of computation that most nearly
applies to the particular property and his decision in the matter shall be final
and binding to all parties. .
2
e
EXHIBIT "A"
e
Sec. 74-285. Development fee, tap fees, and payment.
A. Water and Sanitary Sewer
For parcels, lots or tracts that are intended to be used or are being used for
residential, school, church, institutional, business, commercial or industrial purposes,
induding apartments, shopping centers, and other multi-building and multi-tenant
projects and are less than 2.50 acres, the water and sanitary sewer development
charge shall incorporate the connected and improved area served, plus a tap fee per
connection, as provided in Exhibit B attached hereto, incorporated for reference
herein and made a part hereof for all purposes. This charge shall be in addition to
all applicable inspection fees, provided, however, that in no event shall such
development fee be less than an amount equal to the total cost of constructing
required water and sanitary sewer mains to provide service to such property.
The connected and improved area served shall be the developed and improved area
induding off-street parking areas, detention ponds, and landscaping, but shall not
include non-developable areas covered under public utility easements or pipeline
corridor easements.
B. For development of property within the City limits:
1. Where Public Utilities are not immediately available to the site the fees
listed in Exhibit B attached hereto, incorporated for reference herein and
made a part hereof for all purposes will be assessed as a minimum, and
such fees may be utilized to extend water and/or sanitary sewer to and
through the fronting public right-of-way.
2. Any additional costs required will be the responsibility of the
developer/owner/applicant. Application for City participation in either off-
site extensions and/or oversizing will be considered on a case by case
basis
C. All applicants shall complete an application for utility service on forms provided by
the City.
D. On a per residential dwelling basis, development fees shall be calculated at a
maximum area of 10,000 square feet. Future subdivided properties will have same
charge applicable for each dwelling.
Sec. 74-286. When Public Utilities are available to Commercialnndustrial
Developments greater than 2.50 acres.
A. This section shall apply to commerciallindustrial extended acreage parcels,
developments and subdivisions that are not located within the City's traditional lot
and block areas or are a combination of more than one city block, and where the
utility capacity is sufficient for the proposed use whereas "extended acreage"
shall be defined as any commerciallindustrial development. subdivision, lot or
parcel in excess of 2.50 acres.
3
e
EXHIBIT "A"
e
B. If water and/or sanitary sewer exist on the perimeter(s) of the development or the
fronting/serving right-at-way the City will assess the fees stated in Exhibit B
attached hereto, incorporated for reference herein and made a part hereof for all
purposes.
1. For extended acreage lots in excess of 2.50 acres, the development fees
shall be calculated on a per linear footage of the plot, parcel or tract that
fronts a public right-of-way or easement containing the serving water and/or
sewer lines, or per parallel linear front footage, whichever is greater.
Sec.74-287. Required off-site extensions to serve property development,;
A. When water line or sanitary sewer line facilities are not available to serve a tract
of land, the City will construct or cause to be constructed public or private
construction of an off-site extension of water lines and/or sanitary sewer lines at the
developer's expense to and through the subject tract.
B. Applications for extension.
1. Any developer/owner who desires an extension of city water or sanitary sewer
lines to serve his facility or property shall make written application to the
Planning Department to extend said water or sanitary sewer lines to and
through the subject tract. The Planning Department shall determine if the
project applied for is feasible.
2. The Planning Department may approve a project's feasibility within the city if
it is determined the project is feasible based upon, but not limited to, the
following factors:
a. Economic practicability considering cost of project to city.
b. Anticipated revenue.
c. Availability of funds if the City's participation is sought or desired.
d. Engineering feasibility - construction plans must first be approved
by city.
e. Plant capacity.
f. Trunk line capacity.
g. Benefits to city.
3. If it can be shown that the developer paid for the legal and compliant
installation of said utilities and the City has accepted same for maintenance
then:
a. If the calculated development fees are less than the cost to the
developer/owner for said installation, reference Section 74-28784.
b. If the calculated development fees are more than the cost of said
installation, the development fees charged shall be reduced by the
amount of the total installation and the developer shall pay the City the
difference.
4
e
EXHIBIT "A"
tit
4. In the event that the calculated development fees are less than the cost to the
developer/owner to install or extended any needed water and/or sanitary
sewer utilities, the owner/developer:
a. may apply for a Utility Extension Agreement with the City.
b. may be eligible for a pro-rata reimbursement of the difference for a 10
year period if a Utility Extension Agreement is executed with the City
prior to installation/extension and if the owner/developer is seeking or
seeks such future pro-rata reimbursement of the extended utilities from
developments seeking connections to said line.
C. Developer's Estimate
1. At the time .of plan submittal developer shall provide the City three (3)
written construction estimates and after the award of the bid for the
project, the developer shall submit to the city the actual cost of
construction/installation as provided by the owner/developer's contractor
responsible for the construction and installation of the utilities. After the
project is completed and accepted by the city and final payment has been
made to the contractor by the developer, the developer may be eligible,
under the provisions and procedure set forth in Section 74-287B above for
the difference between the cost of extending said infrastructure/utilities,
and the development fees that would otherwise be normally assessed the
site or parcel.
2. In no case shall the development fee be less than the cost of the required
water meter and appurtenances, sanitary sewer stack and/or tap, and the
inspection of the physical tap by city personnel.
D. Project records.
The Planning Departmenfs office shall keep complete records on each project made
after the date of this division and shall determine the development fee to each tract of
land affected by each utility extension project provided a utility extension agreement
exists for the newly extended line.
E. Stipulations on reimbursement.
1. All reimbursements established under this division are an obligation
of the city for a period of ten (10) years from the date of acceptance
of the improvements, and, if qualifications for refund under the
terms of this division have not been met in this time, the city and
landowners of all future taps onto said utility line shall be
automatically released of all obligation and further bookkeeping on
the account.
2. A developer/owner shall not be required to pay a pro-rata
reimbursement as described in this division if the developer/owner
is proposing to extend an existing line and will not be gaining any
5
e
EXHIBIT "A"
e
3.
direct utility service tap from the theretofore previously installed
utility line.
Pro-rata reimbursement charge formula.
A development fee shall be made against each tract or parcel that uses or ties onto
the subject project water line or sanitary sewer line based on the following formula:
Reimbursement cost when service is = Total construction cost of omiect X Linear fmnt footage of
requested Total linear footage of the extension that certain tract that
taps onto previously
extended line
6
e
EXHIBIT liB"
Appendix "AD Fees
Adding Div. 4 Fees
e
Description
Amount
Section
this Code
Chapter 74. Utilities ...
Article III.
Water and Sewer Service Charges
Division 3. Sewer Service Rates and Charges
(a) Rates for sewer service..........
The following rates shall be applicable for sewage
treatment by the city computed on a monthly basis:
(1) Residential use: A minimum charge (per month) ...............5.52
(2) Apartment units, duplex units, individual mobile
homes in mobile home parks, with units not
individually metered for water: A minimum
charge per month, per living unit........................................5.75
(3) Commercial and industrial use: A minimum
charge per month shall be made in
accordance with the size of the meter utilized
to measure service to the customer in
accordance with the following schedules
a. 3/4-inch meter or smaller meter. ..............................16.95
b. 1-inch meter... .................. ........ ......... ................. ......25.95
c. 1 1/2-inch meter ........................ ..... ........... ........ .......50.95
d. 2-inch meter.. .................. .......... ................. ....:.... .....85.95
e. 3-inch meter ...........................................................186.95
f. 4-inch meter or larger.............................................326.95
(4) Volume charges:
a. Since sewer discharge is not metered,
all volume charges shall be based on
the total water volume charged to the
customer.
b. Each minimum bill of residential,
commercial and industrial shall include
2,000 gallons of sewage discharge
treated each month.
c. Each minimum bill of apartment units,
duplex units, individual mobile homes in
74-276
e
e
mobile home parks, with units not
individually metered for water, shall
indude 2,000 gallons of sewage
discharge treated per unit, each month
per unit.
d. Each additional 1,000 gallons treated
for a customer each month shall be
charged in accordance with the
following schedule:
1. Residential, per 1,000 gallons ..............................2.48
2. Commercial and industrial, per 1,000 .
gallons.. ..... ........ ................ ................. ...... ........ .........2.48
3. Apartment units, duplex units,
individual mobile homes in mobile home
parks, with units not individually metered
for water, per 1,000 gallons .......................................2.48
e. Computation of volume based on water
purchased
1. Residential: The volume of sewage
treated shall be based on 85 percent of
the resident's water volume billed each
month. However, the maximum
residential charge will be limited to ..........................27.50
2. Commercial and industrial: The
volume of sewage treated will be based
upon 85 percent of the monthly water
consumption.
3. Multiunits: The volume charge to
apartment units, duplex units, individual
mobile homes in mobile home parks,
with units not individually metered for
water, shall be based on 85 percent of
the amount of water billed each month.
f. Senior citizen discount: Residential
customers 60 years of age or older shall
be entitled to a $1.00 monthly discount
on their primary account.
e
e
Article III. Water and Sewer Service Charges
Division 4. Utility Development Fees
a. Water Development (equal to or under 2.5 acres):
Rates per 100 square feet of the lot,
tract or parcel of land to which water
connections may be made, plus a
water tapping fee listed below:
1. Residential........................................................$6.12
2. Commercialllndustria I...... .... .......... ... ..... ..........$8.42
Water Tap Fee ....................................................$388
b. Sewer Development Fee (equal to or under 2.5 acres):
Rates per 100 square feet of the lot,
tract or parcel of land to which
sanitary sewer connections may be
made, plus a sewer tap and
inspection fees listed below:
1. Residential........................................................$9.42
2. Commercial/lndustrial....................................$15.10
Stack Fee for 4-inch sewer tap .........................$290
Stack Fee for a 6-inch sewer tap ......................$315
Inspection Fee ...... ....... ............. ............. ............ ..$25
The charge for larger sewer service
connections shall be at the City's
actual cost
c. Water Development Fee (over 2.5 acres):
Rates per linear front footage of the
lot, tract or parcel of land to which
water connections may be made, plus
a water tapping fee listed below:
Commercial/Industrial.... ................................ .....$17.77
Water Tap Fee .................................................... $388
d. Sewer Development Fee (over 2.5 acres):
Rates per linear front footage of the
lot, tract or parcel of land to which
sanitary sewer connectiqns may be
made, plus a sewer tap and
inspection fees listed below:
3
e
e
Commerclalllndustrial .........................................$41.13
Stack Fee for 4-inch sewer tap .........................$290
Stack Fee for a 6-inch sewer tap ......................$315
Inspection Fee ............ .................................... .....$25
The charge for larger sewer service connections shall be at the City's actual
cost.
4
Meeting Handout
v
Labor Day Weekend
2008 Celebration BBQ Cook-Off
HARRIS COUNTY AFL-CIO COUNCIL
HOUSTON GULF COAST BUILDING AND CONSTRUCTION TRADES COUNCIL
Benefitting the Muscular D_vstroph_y" Association
Pasadena Rodeo Grounds - Campbell Hall
Pasadena, Texas
Saturday, August 30th · Sunday, August 31 st
MDR
MUSCULAR
DYSTROPHY
ASSOCIATION
@~7
M~DOUX
PRESERVATION
LLC
August 21,2008
Kathryn Aguilar
Friends of Sylvan Beach Park and Pavilion
3119 Fondren
La Porte, TX 77571
Dear Kathryn:
Thank you for your question regarding a building condition assessment for the Sylvan Beach
Pavilion. I'm happy to have the opportunity to clarify what such a report would provide, and I
would also direct your attention to Preservation Brief #43, published by the National Park Service,
which describes in detail the content, methodology, and benefit of a Historic Structure Report.
This is available online at http://www.nps.gov/history/hps/tps/briefs/brief43.htm.
As explained in the Preservation Brief, "A historic structure report provides documentary, graphic,
and physical information about a property's history and existing condition. Broadly recognized as
an effective part of preservation planning, a historic structure report also addresses management or
owner goals for the use or re-use of the property. It provides a thoughtfully considered argument
for selecting the most appropriate approach to treatment, prior to the commencement of work,
and outlines a scope of recommended work. The report serves as an important guide for all
changes made to a historic property during a project-repair, rehabilitation, or restoration-and can
also provide information for maintenance procedures. Finally, it records the findings of research
and investigation, as well as the processes of physical work, for future researchers."
A report of this sort is completely informative. It does not obligate the property owner in any way,
but instead provides recommendations that can be used to guide repair work in the future.
Thank you! Please let me know if you have any questions.
Best regards,
^
. \ ,\.' .
'c.:hptUti\A.1J_, \.,ct Jtl,\~~..;
Steph McDougal
P. O. Box 1556
KEMAH, TEXAS 77565-1556
281-755-2144
Preservation Brief 43: The Preparation and Use of Historic Structure Reports
Page 1 of 1
Value of the Historic Structure Report
The completed historic structure report is of value in many ways. It provides:
. A primary planning document for decision-making about preservation,
rehabilitation, restoration, or reconstruction treatments
. Documentation to help establish significant dates or periods of construction
. A guide for budget and schedule planning for work on the historic structure
. A basis for design of recommended work
. A compilation of key information on the history, significance, and existing
condition of the historic structure
. A summary of information known and conditions observed at the time of the
survey
. A readily accessible reference document for owners, managers, staff,
committees, and professionals working on or using the historic structure
. A tool for use in interpretation of the structure based on historical and physical
evidence
. A bibliography of archival documentation relevant to the structure
. A resource for further research and investigation
. A record of completed work
http://www.nps.gov/history/hps/tps/briefs/brief43.htm
8/21/2008
City of Dallas Ethics Advisory Commission
Page 1 of2
Espailo/
a
Dallas
StMt'\.g I1Dul
Home News Services Community Business Government Visitors Info
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DALLAScityhall.com > Ethics Advisory Commission
Complete
Ethics
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(Frames version)
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History:
On June 28,2000 the Dallas City Council passed ordinance No. 24316 which established in
Chapter 12A of the Dallas City Code a new code of ethics for all city officials and
employees.
This new code of ethics states that its purpose is to provide principles of conduct for elected
and appointed city officials and to revise the ethics laws governing current and former
officials and employees of the city. Additionally, its purpose is to provide regulations,
restrictions and prohibitions relating to improper economic benefits, unfair advancement of
private interests, gifts, confidential government information, outside employment, and use of
public property and resources. It also regulates political activities of city officials and
employees, provides restrictions on contracting with the city and representing private
interests of others before the city, provides requirements for certain city officials and
employees to file financial disclosure reports and travel reports. The creation of the "CODE
OF ETHICS" also provides for the creation, membership, qualifications, jurisdiction and
powers of the Ethics Advisory Commission, which is currently comprised of a seven-
member group.
Introduction:
FAQ
The City of Dallas has made a commitment to the people of this city that their government
will be conduct itself with integrity and honesty. The City Council has established minimum
standards of conduct for all officers and employees, and with all who provide services to the
city.
The Ethics Advisory Committee is a forum for all people to report any perceived breach of
that standard to a non-partisan panel of private citizens, who are charged with a duty to
allow complaining citizens or groups a forum for their concerns. As much as possible, the
EAC follows a procedure that allows any person to step forward and voice their complaints
or concerns. The process, established by Chapter 12A, balances a minimum of legal
procedures with a fair amount of due process for all concerned. In addition, the City
Secretary's office has trained and highly qualified staff willing to assist the public.
It is our hope that this website will introduce the Committee and its functions to the public.
Scope:
The EAC has jurisdiction over violations of City Code Chapter 12A that are filed with the
EAC.
The City Auditor's Fraud Hotline is for waste and fraud complaints.
The Elections Manager in the City Secretary's Office handles many election and
candidate related issues.
Some election and candidate issues are handled by the Texas Secretary of State
Authority: City Code, Section 12A-24
http://www.ci.dallas.tx.us/ethics/index.shtml
8/22/2008
City of Dallas Ethics Advisory Commission
Page 2 of2
Fraud A.D.
on City Intranet
TX Sec of Stale
Elections
TX Ethics
Commission
Members: 7 members appointed by the full City Council
Qualifications:
Each member shall meet the requirements of Chapter 8 of the City Code, except as
specially provided otherwise in this article. Additionally, no member of the commission may
be: (1) a city official or the spouse or domestic partner of a city official; (2) a city employee
or the spouse or domestic partner of a city employee; (3) an elected public official; (4) a
candidate for elected public office; (5) a person who, for compensation, represents the
private interests of others before the city council; or (6) a paid campaign worker or a
political consultant of a current city council member.
The City Council shall appoint and reappoint members to the ethics advisory commission in
a manner that will provide the commission with a mix of both existing members and new
members.
Officers: Mayor appoints the chair; full City Council appoints the vice-chair
Staff support: CITY SECRETARY 214-670-3738
Deborah Watkins, City Secretary 214-670-0653
Daniel Soliz, Manager of Boards and Commissions 214-671-8970
Brenda Neyra, Ethics Advisory Commission Coordinator 214-670-5655
Mission:
(1) To establish, amend, and rescind rules and procedures governing its own
internal organization and operations in a manner and form consistent with this
article.
(2) To meet as often as necessary to fulfill its responsibilities.
(3) To request from the city manager through the city council the appointment of
such staff as is necessary to carry out the duties of the commission.
(4) To review, index, maintain on file, and dispose of sworn complaints.
(5) To make findings of fact as necessary for the disposition of a complaint.
(6) To make notifications, extend deadlines, and conduct investigations.
(7) Such other powers as are specifically granted in this chapter.
Meetings:
The commission meets monthly on the third Friday of each month at 9:00 a.m. Meetings
usually last two hours. The commission may adjust monthly meetings to accommodate
scheduled panel and commission hearings. Based upon hearing schedule, a member may
expect to devote about four hours a month to commission service.
Il:> 2001-2006 City of Dallas, Texas.
ACC1!sslbillty I Credits I Contact Us I Privacy Policy
http://www.ci.dallas.tx.us/ethics/index.shtml
8/22/2008
CHAPTER 12A
CODE OF ETHICS
ARTICLE I.
DECLARATION OF POLICY.
SEC. 12A-1.
STATEMENT OF PURPOSE AND PRINCIPLES OF
CONDUCT.
(a) Purpose. It is hereby declared to be the policy of the city that the proper
operation of democratic government requires that:
(1) city officials and employees be independent, impartial, and
responsible only to the people of the city;
(2) governmental decisions and policy be made using the proper
procedures of the governmental structure;
(3) no city official or employee have any financial interest, direct or
indirect, or engage in any business, transaction, or professional activity or incur any
obligation of any nature that is in conflict with the proper discharge of his or her duties
in the public interest;
(4) public office not be used for personal gain; and
(5) the city council at all times be maintained as a nonpartisan body.
(b) Principles of conduct.
(1) The city council further believes that an elected or appointed official
of the city assumes a public trust and should recognize the importance of high ethical
standards within the organization they lead or support. Essential values and ethical
behaviors that an elected or appointed official should exemplify include the following:
(A) Commitment beyond self.
(B) Obedience and commitment beyond the law.
(C) Commitment to the public good.
(D) Respect for the value and dignity of all individuals.
(E) Accountability to the public.
1
(F) Truthfulness.
(G) Fairness.
(H) Responsible application of resources.
(2) In keeping with the values set forth in Subsection (b)(l) , and to
assist in the fulfillment of responsibilities to the individuals and communities served,
each elected or appointed official should subscribe to the following principles.
(A) To conduct himself or herself and to operate with integrity
and in a manner that merits the trust and support of the public.
(B) To uphold all applicable laws and regulations, going beyond
the letter of the law to protect and/or enhance the city's ability to accomplish its
mission.
(C) To treat others with respect, doing for and to others what
the official would have done for and to him or her in similar circumstances.
(D) To be a responsible steward of the taxpayer resources.
(E) To take no actions that could benefit the official personally at
the unwarranted expense of the city, avoiding even the appearance of a conflict of
interest, and to exercise prudence and good judgment at all times.
(F) To carefully consider the public perception of personal and
professional actions and the effect such actions could have, positively or negatively, on
the city's reputation both in the community and elsewhere.
(G) To strive for personal and professional growth to improve
effectiveness as an elected or appointed official.
(c) To implement the policy and principles set forth in this section, the city
council has determined that it is advisable to enact this code of ethics for all city officials
and employees, whether elected or appointed, paid or unpaid, advisory or
administrative, to serve not only as a guide for official conduct of the city's public
servants, but also as a basis for discipline for those who refuse to abide by its terms.
(d) This section is a statement of purpose and principles only. Nothing in this
section may be used to create a cause of action against an official or employee under
this chapter.
SEC. 12A-2.
DEFINITIONS.
In this chapter, the following words and phrases have the meanings ascribed to
them in this section, unless the context requires otherwise:
2
(30) SOLICITATION. "Solicitation" of subsequent employment or a
subsequent business opportunity includes any form of proposal or negotiation relating
to employment or a business opportunity.
(31) SUBSTANTIAL ECONOMIC INTEREST.
(A) A person has a "substantial economic interest" in a business
entity if:
(i) the person owns 10 percent or more of the voting
stock, shares, or other ownership interest in the business entity or owns either 10
percent or more or $15,000 or more of the fair market value ofthe business entity; or
(ii) funds received by the person from the business entity
exceed 10 percent of the person's gross income for the previous year.
(B) A person has a "substantial economic interest" in real
property if the interest is an equitable or legal ownership with a fair market value of
$2,500 or more.
(C) For purposes of determining a "substantial economic
interest," ownership of an interest in a mutual or common investment fund that holds
securities or other assets does not constitute direct or indirect ownership of such
securities or other assets unless the person in question participates in the management
of the fund.
ARTICLE II.
PRESENT CITY OFFICIALS AND EMPLOYEES.
SEC. 12A-3.
IMPROPER ECONOMIC BENEFIT.
(a) Economic interests affected. To avoid the appearance and risk of
impropriety, a city official or employee shall not take any official action that he or she
knows is likely to affect particularly the economic interests of:
(1) the official or employee;
(2) the official's or employee's outside client;
(3) the official's or employee's outside employer;
(4) a business entity in which the official or employee knows that he or
she holds an economic interest;
7
(5) a business entity that the official or employee knows is an affiliated
business or partner of a business entity in which he or she holds an economic interest;
(6) a business entity for which the city official or employee serves as an
officer or director or in any other policymaking position; or
(7) a person or business entity:
(A) from whom, within the past 12 months, the official or
employee, directly or indirectly, has:
(i) solicited an offer of emplOYment;
(ii) received and not rejected an offer of employment; or
(iii) accepted an offer of employment; or
(B) with whom the official or employee, directly or indirectly, is
engaged in negotiations pertaining to a business opportunity.
(b) Substantial economic interests affected. To avoid the appearance and risk
of impropriety, a city official or employee shall not take any official action that he or she
knows is likely to affect particularly the substantial economic interests of:
(1) the official's or employee's parent, child, spouse, or other family
member within the first degree of consanguinity or affinity;
(2) the official's or employee's domestic partner;
(3) an outside employer of the official's or employee's parent, child,
spouse, or other family member within the first degree of consanguinity or affinity, or
domestic partner, but only if the official or employee knows the family member or
domestic partner has a substantial economic interest in the outside employer;
(4) a business entity in which the official or employee knows that a
substantial economic interest is held by his or her:
(A) parent, child, spouse, or other family member within the
first degree of consanguinity or affinity; or
(B) domestic partner;
(5) a business entity that the official or employee knows is an affiliated
business or partner of a business entity in which a substantial economic interest is held
by his or her:
(A) parent, child, spouse, or other family member within the
first degree of consanguinity or affinity; or
8
(6) the city manager, city attorney, city secretary, city auditor, and
administrative municipal judge shall promptly bring his or her conflict to the attention
of the city council;
(7) a board or commission member shall promptly disclose his or her
conflict to the board or commission of which he or she is a member and shall not be
present during any discussion or voting on the matter; and
(8) a city council member shall promptly disclose his or her conflict to
the city council and shall not be present during any discussion or voting on the matter.
(e) Disclosure requirements relating to offers of employment. Whenever a
city employee who is a department director or of higher rank receives an offer of
employment from any person or business entity that the employee knows had an
economic interest in any discretionary contract with the city in which the employee
personally participated within the preceding 12 months, the employee shall,
immediately upon receiving the offer, disclose the offer, whether rejected or not, to the
appropriate supervisory person or body designated under Subsection (d). Unless
recusal is required under Subsection (c), the employee may continue to personally
participate, on the behalf of the city, in contracts and other matters in which the person
or entity making the employment offer has an economic interest.
(f) Board of directors of a reinvestment zone. Notwithstanding any other
provision of this section, a member of the board of directors of a reinvestment zone
established under the Tax Increment Financing Act, as amended, may:
(1) own property within that reinvestment zone; and
(2) participate in discussions and voting on matters before the board of
directors that may directly or indirectly affect the member's property within the
reinvestment zone.
SEC. 12A-4.
UNFAIR ADVANCEMENT OF PRIVATE INTERESTS.
(a) General rule. A city official or employee may not use his or her official
position to unfairly advance or impede personal interests by granting or securing, or by
attempting to grant or secure, for any person (including himself or herself) any form of
special consideration, treatment, exemption, or advantage beyond that which is
lawfully available to every other person or organization.
(b) Special rules. The following special rules apply in addition to the general
rule set forth in Subsection (a):
(1) Acquisition of interest in impending matters. A city official or
employee shall not acquire an interest in any matter if the official or employee knows
that the interest will be affected by impending official action of the city.
10