HomeMy WebLinkAbout2009-04-13 Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council
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MINUTES OF A REGULAR MEETING, PUBLIC HEARING AND WORKSHOP
OF THE LA PORTE CITY COUNCIL
APRIL 13, 2009
1. Call to order
The meeting was called to order by Mayor Porter at 6:04 p.m.
Members of City Council Present: Mayor Alton Porter, Mayor Pro-Tem Mike Clausen,
Council members Tommy Moser, Mike Mosteit, Georgia Malone, Louis Rigby, Chuck
Engelken, John Black, and Howard Ebow.
Members of Council Absent: None
Members of City Executive Staff and City Employees Present: City Manager Ron
Bottoms, Assistant City Attorney Clark Askins, City Secretary Martha Gillett, Police Chief
Kenith Adcox, Assistant City Manager John Joerns, Director of Public Works Steve Gillett,
Patrol Officer Sherman Moore, Building Official Debbie Wilmore, Lieutenant Tammy
McBeath, Lieutenant Gary Chastain, Human Resources Manager Heather Weger, Judge
Denise Mitrano, Deputy Court Clerk Lisa Syzdek, Mary Ann Harrison, Sonya Cates,
Beverly Washmon, Jorge Reynaga, Mary Reed, Veronica Rodriguez, Wendy Elliott,
Finance Director Michael Dolby, Emergency Management Coordinator Jeff Suggs, Police
Officer Matt Daeumer, Police Sergeant Marcus Upchurch, Wanda Richards, Kristi Palmer,
Charlene Fox, Assistant to the City Manager Melissa Lanclos, Planning Director Tim
Tietjens, City Planner Masood Malik, Controller Phyllis Rinehart, Court Clerk Lynda
Kilgore, GIS Specialist Isaac Rodriguez, GIS Manager Brian Sterling, Economic
Development Coordinator Debbie Westbeld, Lieutenant Steve Deardorff, Purchasing
Manager Susan Kelley, Administrative Secretary Robin Eldridge, and a number of other
employees.
Others Present: Adam Yanelli of Bayshore Sun, Father Gary Rickles, Gilbert Montemayor,
Dottie Kaminski, Ted Powell, Katherine Aguilar, Henry Newsom, Pat Clark, Orville
Burgess, Susie Burgess, Nick Barerra, Maggie Anderson, Daryl Leonard, Loretta Carter,
Marylee Jackson, Mary Gay, Shar Lynch, Joe Bertugulia, Jerry Carpenter, Randa Specks,
David Height, Loyce Young, Tom Stringer, John & Gloria Lair, Paul Larson, Lance and
Lisa Emord, Brent Heckendorn, Don Gallington, Ralph Osborn, Jess Osborn, John
Zemanek, Vicki Campise, David Janda, Ronda Lunsford, Cherelle Daeumer, Virginia
Pierson -Turner, Joseph and Christine Espinosa, Justin Saltsman, Bill Manning, Jr.,
Charlie Doug Boyle, Phillip Hoot, Shar Lynch, Mark Follis and a number of other citizens.
2. Father Gary Rickles of S1. Mary's Catholic Church gave the invocation.
3. Mayor Porter led the Pledge of Allegiance
4. Presentations/ Proclamations
Minutes of Regular Meeting, Public Hearing and Workshop of the La Porte City Council held on April 13, 2009
Page 2
A. Mayor Porter and Police Chief Ken Adcox presented a proclamation to Wanda
Richard and Marcus Upchurch of the Police Department for "National Public
Safety - Telecommunications Week". Mayor thanked them for the wonderful job
that they do.
B. Mayor Porter recognized the following members of the Municipal Court for a Traffic
Safety Award: Judge Denise Mitrano, Lynda Kilgore, Lisa Syzdek, Mary Ann
Harrison, Sonya Cates, Beverly Washmon, Jorge Reynaga, Mary Reed, Veronica
Rodriguez and Wendy Elliott.
C. Mayor Porter recognized and congratulated Matt Daeumer (Police Department) as
"Employee of the Second Quarter".
5. Consent Agenda - Any item may be removed by a Council person for discussion
A. Council to consider approving minutes of the Regular Meeting and Workshop
Meeting for La Porte City Council held on March 23, 2009 - M. Gillett
B. Council to consider approving or other action regarding an ordinance approving
Industrial District Agreements with Kior Inc. (Ord. 2007-IDA-114) - R. Bottoms.
C. Council to consider approval or other action authorizing the City Manager to
secure a resolution for the submission of the Crime Victim's Liaison Grant through
the Office of the Attorney General for further funding for the Crime Victim's Liaison
position (Res. 2009-04) - K. Adcox
D. Council to consider approval or other action authorizing the City Manager to
execute a contract with Angel Brothers Enterprises, L TD for repaving and
waterline replacement in Valley Brook subdivision - S. Gillett
Motion was made by Councilmember Enqelken to approve the consent aqenda as
presented. Councilmember Ebow seconded the motion. Motion carried.
Ayes: Mosteit, Moser, Ebow, Rigby, Clausen, Malone, Engelken, Black, and Porter
Nays: None
Abstain: None
Absent: None
6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address
Council - (Limited to five minutes)
Phillip Hoot, 927 Seabreeze shared comments from the last council meeting. Thanked
Mayor for all his hard work and dedication in his tenure with the city. Thanked
Councilmember Ebow for their talks at community events. He asked Council to consider a
third party investigation of the five points due to public concerns.
Minutes of Regular Meeting, Public Hearing and Workshop of the La Porte City Council held on April 13, 2009
Page 3
Loretta Carter, 10250 Catlett asked that Council consider placing a detention pond in
section I of Fairmont Park and also noted drainage concerns.
7. Public Hearing - Council to consider recommendation of Planning and Zoning Commission
to approve an Ordinance amending Chapter 106 of the Code of Ordinances by imposing
30 foot height limits on portions of Main Street Overlay, extending masonry building
exterior standards to the Main Street District, and requiring Main Street Design Certificate
for changes to building exterior in the Main Street Overlay.
- 1. Tietjens
Open Public Hearing- Mayor Porter opened the Public Hearing at 6:27 p.m.
Planning Director Tim Tietjens presented summary and overview.
Public Comments:
Ted Powell, 1700 Roscoe - opposes the Main Street Designs but did not wish to speak.
Kathryn Aguilar, 3119 Fondren - opposes the Main Street Designs. Disagrees with Tim
Tietjens, believes that Sylvan Beach is the heart of the city not Main Street. She does not
feel citizens' were represented and allowed to speak on their concerns and ideas with the
Main Street designs. She feels that the behavior of the city in dealing with the sale of five
points should to be investigated. The Mayor asked her to stay on the subject at hand, and
when Ms. Aguilar got off the subject again, he asked her to sit down.
Marylee Jackson, 2819 "E". Street - Thanked the Council for the time they spend in their
mostly thankless jobs. She opposes Mains Street design. Noted that the Main Street
Committee is not made of business owners on Main Street. In addition, she also shared
concerns regarding the Planning and Zoning Commission.
Tom Stringer, 208 West Main - opposes the Main Street Designs.
Loyce Young, didn't wish to speak but opposes the Main Street Designs.
Vicki Campise, 902 Roscoe, she thanked the city for taking over the traffic on Main Street.
She opposes the Main Street Design program. She said that business owners were not
included in the process.
Brent Heckendorn, 518 West Main - opposes the Main Street Designs. Wants to see a
joint meeting among the business owners and the Main Street Advisory Board Committee
to allow other ideas, plans to be reviewed in the decision making of the designs on Main
Street. Had a few questions specifically to the designs that were being considered.
Loretta Gates, noted there need to be better parking for Main Street including the side
streets and would like to see a dog. Likes historical signs in Main Street area.
Phillip Hoot, 427 Seabreeze - opposes Main Street Designs.
Minutes of Regular Meeting, Public Hearing and Workshop of the La Porte City Council held on April 13, 2009
Page 4
Ronda Lunsford, 201 E. Main Street - is concerned with the Main Street Designs, asked
that the council listen to the concerns of the citizens and business owners.
Bill Manning, Jr. 102 S. 2nd Street - is in favor of the Main Street Designs. Encouraged
business owners to attend the meetings of the Main Street Advisory Board and asked that
they provide input at these meetings. Asked that this item be tabled until more business
owners are allowed to give some input and/or support.
David Height, 508 West Main St. - shared his concerns with the lack of landscaping plans
not included in the designs and the present problems with debris along Main Street.
Mark Follis, 831 S. 7th Street - shared his concerns that the grants opportunities may
become lost in the process if these designs are approved, would like to see more public
input.
Randa Specks, 3126 Fondren - would like to see the city restored like it used to be.
Mayor Porter closed the Public Hearing and reconvened Regular Meeting at 7:25 p.m.
Recommendation of the Planning and Zoning Commission - recommended Council to
approve the Ordinance amending Chapter 106 of the Code of Ordinances by imposing 30
foot height limits on portions of Main Street Overlay, extending masonry building exterior
standards to the Main Street District, and requiring Main Street Design Certificate for
changes to building exterior in the Main Street Overlay (Ord. 3131).
8. Council to consider approval or other action regarding Ordinance 3131.
Assistant City Attorney Clark Askins read Ordinance 3131, AN ORDINANACE AMENDING
THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE
COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA
PORTE, BY AMENDING ARTICLE III, "DISTRICTS", DIVISION 3, "COMMERCIAL
DISTRICT REGULATIONS", SUBDIVISION I, "GENERALLY", SECTION 106-443, TABLE
B, "COMMERCIAL AREA REQUIREMENTS", BY SETTING MAXIMUM HEIGHT OF 30
FEET FOR STRUCTURES IN PORTIONS OF MAIN STREET OVERLAY AND
EXTENDING MASONRY DIVISION EXTERIOR BUILDING STANDARDS TO MAIN
STREET DISTRICT, AND BY AMENDING DIVISION 3, "COMMERCIAL DISTRICT
REGULATIONS", SUBDIVISION V. "MAIN STREET DISTRICT WITH OVERLAY" BY
REQUIRING MAIN STREET DESIGN CERTIFICATES FOR ALTERATION OF
EXTERIOR OF STRUCTURES IN MAIN STREET ARCHITECTURAL AREA, AS
DESIGNATED HEREIN; CREATING MAIN STREET DESIGN ASSISTANCE REVIEW
TEAM FOR REVIEW OF DESIGN CERTIFICATE APPLICATIONS AND PROVIDING FOR
RECOMMENDATION TO CITY MANAGER, WITH RIGHT OF APPEAL TO PLANNING
AND ZONING COMMISSION; 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 FIVE
HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION
Minutes of Regular Meeting, Public Hearing and Workshop of the La Porte City Council held on April 13, 2009
Page 5
HEREOF; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF;
Councilmember Clausen could not support at this time due to lack of property owners on
Main Street non involvement in the process.
Councilmember Rigby could not support for lack of business owners involvement.
Councilmember Black agreed that the property owners need to become more involved in
the process before moving forward.
Councilmember Malone cannot support the design as is, suggested more involvement
from the property owners.
Councilmember Ebow could not support the design as is, the property owners should be
more involved in the process.
Councilmember Engelken cannot support as is, would like to see more involvement by
property owners.
Councilmember Mosteit cannot support as is, would like the property owners to get
involved in the process.
Mayor Porter asked that the property owners either decide to get involved and decide to
agree to improve Main Street or decide to let it go as is, and do nothing to change it.
Motion was made by Councilmember Moser to table this item indefinitely. Councilmember
Malone seconded the motion. Motion carried.
Ayes: Mosteit, Moser, Ebow, Rigby, Clausen, Malone, Engelken, Black, and Porter
Nays: None
Abstain: None
Absent: None
9. Council to consider approval or other action changing the May meeting dates - R. Bottoms
City Manager Ron Bottoms requested City Secretary Martha Gillett to make the summary
and recommendation and answer Councils' questions
Motion was made by Councilmember Black to change the May City Council meeting dates
to May 11 th and the second meeting on May 18th presented by staff. Council member
Mosteit seconded the motion. Motion carried.
Ayes: Mosteit, Moser, Clausen, Engelken, Rigby, Black, Ebow, Malone and Porter
Nays: None
Abstain: None
Minutes of Regular Meeting, Public Hearing and Workshop of the La Porte City Council held on April 13, 2009
Page 6
Absent: None
10. Council to consider approval or other action authorizing the City Manager to enter into a
purchase agreement accepting the Dell, Marketing LLC proposal which uses the State of
Texas Department of Information Resources contracts. - J. Suggs
IT Director/Emergency Management Coordinator Jeff Suggs presented summary and
recommendation and answered Councils' questions.
Motion was made by Councilmember Engelken to approve the purchase agreement
accepting the Dell Marketing LLC proposal, as presented by Mr. Suggs. Councilmember
Ebow seconded the motion. Motion carried.
Ayes: Mosteit, Moser, Clausen, Engelken, Rigby, Black, Ebow and Porter
Nays: None
Abstain: None
Absent: Malone
Councilmember Malone left the table.
11. Council to consider approval or other action regarding ordinances authorizing the
renaming of the Senior Citizen Center to the Norman L. Malone Senior Citizen center and
the renaming of the Northside Ball Field to Deotis Gay Sr. Memorial Filed - (Ord. 3132 and
3133) - M. Porter
Mayor Porter presented summary and recommendation and answered Councils'
questions.
Assistant City Attorney Clark Askins read Ordinance 3132, AN ORDINANCE
APPROVING AND AUTHORIZING THE RENAMING OF THE SENIOR CITIZEN CENTER
TO THE NORMAN L. MALONE SENIOR CITIZEN CENTER, MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Mayor recommended the effective date be after May 1st.
Motion was made by Councilmember Black to approve Ordinance 3132 with the striking of
Section 2 of the ordinance. Councilmember Ebow seconded the motion. Motion carried.
Ayes: Mosteit, Moser, Clausen, Engelken, Rigby, Black, Ebow and Porter
Nays: None
Abstain: None
Absent: Malone
Councilmember Malone recused herself from voting on Ordinance 3132, renaming the
Senior Citizen Center.
Minutes of Regular Meeting, Public Hearing and Workshop of the La Porte City Council held on April 13, 2009
Page 7
Assistant City Attorney Clark Askins read Ordinance 3133, AN ORDINANCE APPROVING
AND AUTHORIZING THE RENAMING OF NORTHSIDE BALL FIELD TO DEOTIS GAY,
SR. MEMORIAL FIELD, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING
TO THE SUNJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Councilmember Malone returned to the table.
Motion was made by Councilmember Moser to approve Ordinance 3133 as presented by
Mr. Porter. Councilmember Ebow seconded the motion. Motion carried
Ayes: Mosteit, Malone, Moser, Clausen, Engelken, Rigby, Black, Ebow and Porter
Nays: None
Abstain: None
Absent: None
12. Council to consider approval or other action approving the Police Department to apply for
the 2009 Edwards Byrne Memorial Justice Recovery Grant (JAG Recovery) in the amount
of thirty four thousand eight hundred fifteen dollars ($34,815.00) - K. Adcox
Police Chief presented summary and recommendation and answered Council's questions.
Motion was made by Councilmember Engelken to approve the application as presented by
Chief Adcox. Councilmember Malone seconded the motion. Motion carried
Ayes: Mosteit, Moser, Clausen, Engelken, Rigby, Black, Malone, Ebowand Porter
Nays: None
Abstain: None
Absent: None
13. Receive report from Avalanche Consulting, Inc. on economic Development Strategic Plan
Efforts- R. Bottoms/A. Holloway
Mr. Bottoms presented a report summary and noted Amy Holloway of Avalanche
Consulting would be at a future meeting.
14. Mayor Porter closed Regular Meeting and opened Workshop Meeting at 8:07 p.m.
A. City Manager Mr. Bottoms discussed modifying regulations for the Women's
Substance Abuse Recovery Center
The representative was not available at the meeting to speak on this item,
therefore it was tabled until the next City Council Meeting.
S. Controller Phyllis Rinehart discussed a proposed Identity Theft Policy.
Council directed staff to move forward in the adoption of the Identity Theft Policy.
Minutes of Regular Meeting, Public Hearing and Workshop of the La Porte City Council held on April 13, 2009
Page 8
C. City Manager Mr. Bottoms discussed the purchase of Christmas Lights/
Decorations.
Council directed staff to move forward on the purchase of the Christmas Lights/
Decorations.
D. City Manager Mr. Bottoms discussed Public Art in the Town Plaza.
Council directed staff to get input from public for the Public Art in the Town Plaza,
urged him to bring back the mermaid art work as well as art work other options.
15. Mayor Porter closed the Workshop Meeting and reconvened to Regular Meeting at 8:45
p.m.
16. Receive report from the La Porte Development Corporation Board and the Main Street
Advisory Board Committee
Committee member Mr. Engelken provided a report to City Council from the La Porte
Development Corporation.
Economic Development Coordinator Debbie Westbeld provided a report from the Main
Street Advisory Board Committee.
17. City Manager Ron Bottoms provided Administrative Reports for the following:
Easter Sunrise Service. April 12, 2009 - Sonja Angelou Theatre - 6:30 a.m.
Planning and Zoning Meeting - April 16, 2009 . 6:00 p.m.
Fiscal Affairs Committee Meeting - April 20, 2009 - 5:00 p.m.
Norman Malone Memorial Golf Tournament. April 22, 2009 - Bay Forest Golf Course
Zoning Board of Adjustment Meeting. April 23, 2009 . 6:00 p.m.
Sylvan Beach Parade/Festival. April 25, 2009
City Council Meeting - April 27, 2009 - 6:00 p.m.
Early Voting. April 27, 2009. May 5,2009
18. Council Comments. Clausen, Rigby, Moser, Black, Ebow, Engelken, Mosteit and Mayor
A. Matters appearing on agenda
Minutes of Regular Meeting, Public Hearing and Workshop of the La Porte City Council held on April 13, 2009
Page 9
B. Recognition of community members, city employees, and upcoming events
C. Inquiry of staff requiring a statement of specific factual information for a recitation
of existing policy
19. Executive Session - pursuant to provision of the open meetings law, chapter 551.071
through 551.076, 551-087, Texas government code (consultation with attorney,
deliberation regarding real property, deliberation regarding prospective gift or donation,
personnel matters, deliberation regarding security devices, or excluding a witness during
examination of another witness in an investigation, deliberation regarding economic
development negotiations)
A. 551.072 (Deliberation regarding purchase,
exchange, lease or value of real property)
Meet with City Manager and
City Attorney to discuss Block
1032 and 1149, Town of La
Porte
20. Council did not retire into executive Session.
21. Adjournment
22. There being no further business, the meeting was duly adjourned at 8:55 p.m.
cfl;:;~
Martha Gillett, TRMC, CMC
City Secretary
ed and app~v on this _ day of April 2009.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: And127, 2009
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Requested By: Tim Tietit~ns
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Source of Funds:
N/A
Account Number:
N/A
Depal-tment: Planning
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: l
Amount Requested:
Exhibits:
1. Ordinance
2. Area Map
Budgeted Item: _YES .....K-NO
SUMMARY & RECOMMENDATION
The City has received an application fi'om Mr. Andy Rolf to vacate, abandon and close the alley in
Block 331, Town of La Porte. Mr. Rolf desires to consolidate his property within the block.
Each of the City's 11'anchised utility companies (i.e. Centerpoint Energy, AT&T & Comcast) has
reviewed the applicant's closing request. Both Centerpoint Energy and AT&T maintain existing
utilities in the alley for which utility easements will be required and executed by each company.
Comcast has issued a letter stating it has no objection to the closing. City Staff has identified the
existence of a 3" waterline and a 6" sanitary sewer main within the subject alley for which an
easement will be retained within the closing ordinance.
In accordance with Section 62.35 of the Code of Ordinances, Staff has ordered an independent
appraisal of the alley in Block 331. As a result, fair market value for the alley (which will be
retained as a utility easement) has been assessed at $0.50 per square foot. The City has
subsequently received payment {l'om the applicant in the amount of $2,400 (75% of Fair Market
Value per the ordinance) for closing of the alley which contains 6,400 square feet.
Since replatting of the property is not part of the applicant's immediate plans, Staff has requested
the City Attorney to prepare individual "Deeds without Wananty" for each of the eight adjacent
property owners within the block. Upon execution, these deeds will be filed for record with Harris
County by the City.
Action Required of Council:
Approve an ordinance to vacate, abandon, and close the alley of Block 331, Town of La Porte,
retaining said alley as a public utility easement for the maintenance of existing City, Centerpoint
an T &1' utilities.
Ron Bottoms, City M~m~lger
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Date
ORDINANCE NO. 2009- -J 1.31
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEY OF
BLOCK 331, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREO~'.
WHEREAS, the City Council of the City of La Porte has been requested by the
record owners of all of the propelty abutting the hereinafter described alley of Block 331,
Town Of La Porte, Harris County, Texas, to vacate, abandon, and permanently close the
hereinafter described alley of Block 331, Town of La POIte, Harris County, Texas; and
WHEREAS, the City Council of the City of La P01te has detelmined and does
hereby find, detennine, and declare that the hereinafter described alley of Block 331,
Town Of La Porte, Han'is County, Texas, is not suitable, needed, or beneficial to the
public as a public road, street, or alley, and the closing of the hereinafter described alley
of Block 331, Town Of La POlte, Hanis County, Texas, is for the protection of the public
and for the public interest and benefit, and that the hereinafter described alley of Block
33 I, Town Of La Porte, Han'is County, Texas, should be vacated, abandoned, and
permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
Under and by virtue of the power granted to the City of La Patte
under its home rule charter and Chapter 253, Section 253.001, Texas Local Government
Code, the hcreinaller described alley of Block 331, Town Of La Patte, HaTTis County,
Texas, are hereby permanently vacated, abandoned, and closed by the City of La Pmte, to
wit:
That portion of the Alley of Block 331, Town of La Porte, lying within and situated
between Lots 1 thl'ough 32, inclusive, as generally ilIush"ated on Exhibit "A"
attached herein and made part hereof, containing a total of six thousand four
hundred (6,400) square feet.
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Section 2. The City Council officially finds, detelmines, 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
fmther ratifies, approves, and confirms such written notice and the contents and posting
thereof.
Section 3. As a condition of passage and approval of this ordinance, the City
of La POlte hereby retains the vacated, abandoned and closed alley of Block 331, Town
of La Porte, as a public utility easement for itself, Centerpoint Energy and AT&T. This
Ordinance shall be effective from and after its passage and approval, and it is so ordered.
3
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PASSED AN D APPROVED THIS ;;IffDA y O~ 2009.
CITY OF LA PORTE
By:
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Alton P0l1er, Mayor
ATTEST:
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Mm1ha Gillett, City Secretary
APPROVED ~. :
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Knox W. Aski~lS, City Attorney
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332
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ORD. NO. 2009-
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PROP. CLOSING OF
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LOCATION OF ALLEY
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: April 27, 2009
Requested By: Tim Tietiens/ I ", !:,J\i-~. ·
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Department: Planninl!.
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: ~
Amount Requested: N/A
Exhibits:
1. Ordinance
2. Permit Application
3. Letter of Request
4. Area Map
Budgeted Item: _YES -X-NO
SUMMARY & RECOMMENDATION
Shell Chemical, L.P" has filed application with the City to install a 12" dry gas pipeline as part of its Texas
Bay Area Pipeline Project The pipeline will be used to transport dry gas from Texas City refineries to
Shell's Deer Park Chemical Plant
The route through the City of La Porte is shown on Exhibit 4 of this agenda packet and described in the
permit application form (see Exhibit 2), The 12" pipeline will be installed within existing pipeline and electric
transmission corridors, The pipeline will operate at a normal operating pressure of 600 PSI and a maximum
operating pressure of 1480 PSL
In reviewing the permit application and plans as submitted, the route of the proposed pipeline will cross an
existing 12" water main at Spencer Highway and an existing 24" sanitary sewer main at Fairmont Parkway,
However, no conflict is anticipated with existing City infrastructure or existing pipelines.
This request meets all requirements of Ordinance 2004-2755 and a pipeline application fee of $1000.00 has
subsequently been received from the applicant. Any future relocation of the pipeline permitted within the
City, State or County rights-of-way shall be at the sole expense of the Permittee. In accordance with
Section 102-236 and 102-237, City Council must review and authorize the permit
If approved, City Council will thereby authorize the Director of Planning or his designee to execute the
permit in duplicate originals, one which shall be delivered to the Permittee and one which shall be retained
by the City.
Action Requil'cd by Council:
Approve an ordinance authorizing the Planning Director to execute a Pipeline Permit as requested by Shell
Chemical, L.P. for installation of a 12" Dry Gas Pipeline within the City of La Porte.
Ron Bottoms, City Manager
ORDINANCE NO. 2009- ~/3~
AN ORDINANCE GRANTING A PERMIT UNDER ORDINANCE NO. 2004-2755,
BEING CHAPTER 102, NATURAL RESOURCES, ARTICLE IV, "PIPELINE
TRANSPORTATION" OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, TEXAS, TO CONSTRlJCT A TWELVE INCH (12") PIPELINE FOR THE
TRANSPORTATION OF DRY GAS AND CRUDE OIL BY-PRODUCTS; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEIU<:OF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte has received an application from
Shell ChemicaL L.P. requesting a permit under Ordinance No. 2004-2755, being Chapter 102,
Natural Resources, Article IV, "Pipeline Transportation" of the Code of Ordinances of The City
of La Porte, to construct and operate a l2-inch (12") pipeline for the transportation of DRY GAS
AND CRUDE OIL BY -PRODUCTS, crossing the City of La P0l1e, as shown on Exhibit "A" of
attached hereto and made part of herein. The application of Shell Chemical, L.P. has been
reviewed by the Director of Planning, who has found that said application meets all requirements
of Ordinance 2004-2755, and has recommended its approval.
Section 2. The City Council of the City of La Porte hereby approves the application
of Shell Chemical, L.P., and this Ordinance authorizes the Director of Planning or his designee
to execute the permit as requested by applicant.
Section 3.
The City Council officially finds, determines, recites, and declares that a
sutlicient 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 \vhich this ordi nance 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.
EXHIBIT I
2
PASSED AND APPROVED THIS d~AY OF ~
ATTEST:
By:Lmm}apfj4
Martha Gillett, City Secretary
APPROVE}):
04ttJ ~
Clark T. Askins, City Attorney
, 2009.
City of La Porte
By:
~?~
Alton E. Porter, Mayor
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EXHIBIT "A"
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CITY OF LA PORTE, TEXAS
PIPELINE PERMIT ApPLICATION
..... ............... ..... ......... .....INFORMATION ON OWNER AND ApPLICANT ................................. ............
Phone and Fax
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Person Submitting
Title of Person Submitting Application:
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..........................INFORMATlON ON TWENTY.FoUR HOUR EMERGENCY CONTACTS..........................
Twenty.Four Hour Emergency Contact:
Title of Twenty-Four Hour Emergency Contact:
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Email:
Phone and Fax Number:
Other Numbers for Emergency Contact (pager, cellular, etc,):
Alternate Twenty-Four Hour Emergency Contact"
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Phone and Fax Number:
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. ..... ... ... .... ...... ........ .... ...... ... ...BASIC INFORMATION ON PiPELINE............... ................ ...................
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Texas Bay Area 12-inch Pipeline
CITY OF LA PORTE, TEXAS
ADDENDUM TO PIPELINE PERMIT APPLICATION
As required by the City of La Porte's Ordinance #2004-2755, Sec. 102-235, Application
tor Pem1it. Shell Pipeline Company LP, on behalf of Shell Chemical LP ("Permittee"),
agrees to the following terms and conditions:
Item (10) .. The pipeline will comply with the applicable standards required by this article
as well as all applicable federaL state and local laws and regulations.
Item (11) .. Permittee shall. at any time in the future, where such pipeline or portion
thereof crosses or is laid within, under or across any street, road or utility right-of-way,
drainage way or public way existing or projected at the time the permit is issued,
reposition sllch pipeline (which shall include lowering or raising the pipeline) at the
Permittee's sole expense, when the eity reasonably requires such action incidental to
public construction or public improvement Construction, maintenance and improvement
of streets, water lines, sanitary sewer lines, storm sewers, ditches and public utilities. The
city shall give the Permittee prior written notice of the need tor repositioning location,
and such notice shall be mailcd certified mail, return receipt requested, to the Pennittee as
designated in the application. The Permittee shall have six months to complete such
repositioning.
Item (12) .. Permittee shall notify the director at least 48 hours prior to performing any
scheduled repairs or maintenance on the pipeline. For unscheduled emcrgency repairs or
maintenance, taken to protect the public health, safety or welfare, the Permittee shall
notify the city police department dispatcher as soon as practical but no later than one hour
after commencing repairs or maintenance.
Shell Pipeline Company LP
404 Jefferson
P. O. Box 1358
Pasadena, TX 77501-1358
Tel (713)423-3354
Fax (713) 423-3370
Email geoffrey.sanders@shell.com
Internet http://www.shell.com
April 16, 2008
Mr. Rodney Slaton
City Engineer
City of L1 Porte
604 West Fairmont Parkw,IY
La Porte, TX 77571
Dear Mr. Slaton:
GALVESTON TO HARRIS COUN'IY, TEXAS
SHELL CHEMICAL LP
PROPOSED 12-INCH TX BAY AREA DRY GAS PIPELINE
FROM TEXAS CI'IY TO DEER PARK
FILE NO. L07016; JOB NO. T. 07118
CITY OF LA PORTE PIPELINE APPLICATION
Thank you for visiting with members of the Texas Bay Area Pipeline project team on
April 2, 2008. We appreciate having had the opportunity to discuss this proposed project
with you <md lVlr. Brian Sterling.
As was discussed, the proposed 12-inch pipeline will be approximately 37-miles long, and it
will transport dry gas from Texas City retlneries to Shell's Deer Park Chemical Plant. The
pipeline will be installed in existing pipeline and electric transmission line corridors.
\\/e believe this project \vill enable the refineries and chemical plants in this area to operate
more efficiently and remain competitive in the energy and chemical businesses, which are
vital to the region's economy and jobs.
The Texas Bay Area Pipeline will be owned by Shell Chemical LP. It will be constructed and
operated by Shell Pipeline Company LP -- a company with more than 80 years of experience
and expertise in building ,md operating underground pipelines throughout the United States.
The product to be transported is a combination of natural gas, nitrogen and base chemicals
such as ethylene and propylene. Dry gas is produced from a refinery and is further separated
into components at a chemical plant ultimately providing the basic building blocks to make
E)(h1,/!:1'// 3
;\111'. Rodney Slaton, City Fngllleer
City of La Porte
"\pril 16, ::wn8
Page 20f2
plastics and other consumer products. We believe this process is better for the environment
because it provides an alternative to burning the refinery gas as fue\.
Thank you for providing our project team with the city's pipeline ordinance and pern1it
application form. \X1e will review the materials and provide you with the requested
information as the project moves fOl\vard.
In the meantime, we will continue to keep you informed about oLlr activities as the Texas
Bay Area Pipeline project progresses. Please do not hesitate to contact me at 713-423-3354,
or Project li',ngineer Matt Lyle at 713-241-2902 if yOLl have any questions or need any
additional information.
V cry truly yours,
G. \V. Sanders
Sr. Staff Land Agent
GWSjlr
cc: Mr. Brian Sterling
G IS Manager
City of La Porte
604 West Fairmant Parkway
La Porte, TX 77571
\,[. B. Lyle, Engineer
Shell Pipeline Comp~UlY LP
P.O. Box 2648
HaLlstan, TX 77252
1\[s. Ginger Thornton, President
GDT Lmd Consultants, Inc.
12306 !\shford Valley Drive
Sugar Land, TX 77478
Ms. Lisa Regan
Regan Communications
6207 Inwood Drive
Houston, TX 77057
~:\Land\ Ceoff\TX Bav Area Pipeline\Letters - 2008\Public - 2008\ City of La Porte -- 1\1r. Rodney
Slaton Lette1'.doc
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D
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: Kenith R. Adcox
4-27-09
'.'X-n" f\ ~
Bud2et
Agenda Date Requested:
Source of Funds:
Department: pgli~e
Account Number:
Report:
Resolution: X Ordinance:
Amount Budgeted:
Exhibits:
Click It or Ticket Resolution
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Consider for action a Resolution authorizing the City Manager to execute documents accepting a " Click
It or Ticket" Enforcement Grant for Fiscal Year 2009 for approximately $12,000.00 for overtime from the
Texas Department of Transportation, for enforcement of the program from May 11 through May 31, 2009.
---.......
c1001-0)
RESOLUTI~
****
WHEREAS, injuries and deaths from traffic crashes bring loss and suffering to the
citizens of this community; and
WHEREAS, the cost of such injuries brings economic hardship to families; and
WHEREAS, the community's health care system and emergency response resources are
significantly impacted by injuries of traffic crashes; and
WHEREAS, research shows that using safety belts and child safety seats is still the
single most effective way to reduce injuries and save lives in traffic crashes; and
WHEREAS, research shows that when a driver is unbuckled, 70 percent of the time
children in that vehicle are also unbuckled; and
WHEREAS, in 2007 the National Highway Traffic Safety Administration estimated that
when safety belt use in Texas reaches 85 percent, each year 241 lives will be saved, 5,275
nonfatal injuries will be prevented and $392 million in economic savings to society will
result; and
WHEREAS, the "Click It or Ticket Texas" campaign includes intensified law
enforcement and public education to get everyone in the community into the safety belt
habit;
NOW THEREFORE, BE IT RESOLVED that The City of La Porte approves the City
Manager to execute all documents for the "Click it Ticket Texas" campaign, May 11
through May 31, 2009; joining public and private sector leaders across Texas supporting
the campaign and do urge all residents and visitors of La Porte to buckle up themselves
and buckle up their children to protect life and the quality of life in this community.
ATTEST:
Lf!j,~~
City eCl'etmy
Acrr;;::bY~
Mayor, City of La Porte
E
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: S. Gillett
AJ)ril27.2009
CfJtth~
AJ)J)roJ)riation
Agenda Date Requested:
Source of Funds:
N/A
Department:
Public Works
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits: Water Conservation Plan
Budgeted Item: N/A
Exhibits:
SUMMARY & RECOMMENDATION
The City of La Porte. along with the La Porte Area Water Authority (LP A W A) and its customers,
approved the Water Conservation and Drought Contingency Plan in 1987. The Plans were updated and
approved by City Council on October 8, 2007.
The Legislature amended the Texas Administrative Code Title 30, Chapter 288, effective January 10,
2008, to require additional revisions to water conservation plans, which are due May 1,2009. The
proposed changes are administrative in nature, mainly additional language, and are shown as highlighted
in the attached Plan for the City of La Porte.
Approve Ordinance approving changes to the City of La Porte Water
Date
ORDINANCE 2009-3 13.~
,
AN ORDINANCE APPROVING AND ADOPTING A WATER CONSERVATION
AND DROUGHT CONTINGENCY PLAN FOR THE CITY OF LA PORTE;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. The City Council hereby approves and adopts a Water Conservation and
Drought Contingency Plan for the City of La Porte, in substantially the form as shown in
the document which is attached hereto as Exhibit A and incorporated herein by reference.
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
Authority was posted at a place convenient to the public at the City Hall of the City of La
POlie for the time required by law proceeding this meeting, as required by the Open
Meetings Law, Chapter 551, Texas Government Code; and that the 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 founally acted upon. The
Authority 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 the 27th day of April, 2009.
CITY OF LA PORTE, TEXAS
~~'P~
By:
Mayor
ATTEST:
Ytl aJLcJ)L ~ A"M
Secretary ~. ~
APPROVED:
~fi~. ~
Ci y Attorney
City of La Porte
Water Conservation Plan
Adopted April 1987
Updated: April 1999
April 2005
March 2009
CITY OF LA PORTE WATER CONSERVATION PLAN
A. PURPOSE AND INTENT
The purpose of a Water Conservation Plan is to reduce the quantity required for each water
using activity, insofar as is practical, through the implementation of efficient water use practices.
Tile pia; I defines objectives and specific targets to reduce tile loss and waste of water
resources and improve efficiency in the use of water. Many communities throughout the United
States have used conservation measures to successfully cope with various water and
wastewater problems. Reduction in water use as much as 25% or more have been achieved,
but the normal range is from 5 to 15%. As a result of reduced water use, wastewater flows
have also been reduced by 5 to 10%.
Nine (9) principal water conservation methods to be considered in preparing a
water conservation plan are as follows:
1. Education and Information
2. Plumbing codes for new construction
3. Retrofit programs
4. Conservation oriented water rate structures
5. Universal metering and meter repair and replacement
6. Water conserving landscaping
7. Leak detection and repair
8. Recycling and reuse
9. Means of implementation and enforcement
B. PUBLIC PARTICIPATION PUBLIC AT LARGE:
The City of La Porte holds regular City Council meetings on the second and fourth Monday of
each month. The meetings are open to the public, and citizens are free to speak on any
subject during the portion of the meeting designated for this purpose.
C. SPECIAL INTEREST GROUPS
1. La Porte-Bayshore Chamber of Commerce
2. Homeowner's Associations
3. Various civic and religious organizations
2
D. SYSTEM AUDIT I PROBLEMS
1. System Audit:
a. Average, seasonal, peak use patterns. Figure 1 illustrates average, seasonal and
peak use patterns. These figures indicate that the City of La Porte follows most
cities in having higher average water use in the summer months from lawn
watering. The peak to average use ratio (average daily summer use divided by
average annual daily use) is 1.98. This ratio is relatively low because of the very
humid climate and high average rainfall the area receives.
b. Unaccounted water volumes and likely causes. Figure 1 also illustrates the
relationship between water production and sales. The difference between
production and sales can typically be attributed to all or some of the following:
1. Flushing of water mains
2. Fire fighting
3. Inaccurate metering
4. System leaks
5. Unauthorized water use
6. Unmetered water sales
c. Adequacy of treatment, storage, and distribution system.
The surface water is purchased by the City from the La Porte Area Water
Authority. The remaining 10% of their water needs are supplied from
groundwater wells. The water is tested on a regular basis in accordance with all
state and federal regulations. The City of La Porte currently has adequate
storage facilities required to meet TCEQ requirements and currently is classified
as a "Superior Public Water System". The City of L.a Porte does not a
surface water reservoir therefore an operations plan is not a component of ttlis
water conservation plan.
d. Limit of existing supply/potential new sources.
It is apparent from the systems audit that the City of La Porte is very capable of
providing water to its customers from groundwater sources. In addition, the
distribution and transmission systems are adequate to supply its needs for
several years.
With the conversion to surface water, the adequacy of groundwater supplies to
meet peak load demands in any drought contingencies that might occur are
apparent. However, due to the constraints imposed by the Harris-Galveston
Subsidence District on groundwater withdrawal, these sources will only be used
to supply peak demand in possible drought contingencies.
e. Wastewater collection and treatment system.
Currently, the City of La Porte treats the bulk of its own wastewater. The
remainder of the La Porte wastewater flows is pumped to a regional wastewater
facility owned by the Gulf Coast Waste Disposal Authority.
3
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2. System Problems:
The City of La Porte currently has no serious water supply problems. The storage and
distribution systems are adequate to supply surface water to its customers through the La
Porte Area Water Authority from the City of Houston Southeast Water Purification Plant.
E. ALTERNATIVES:
Water conservation methods are typically divided into two (2) categories, Demand
Management Methods and Supply Management Methods. Demand Management
Methods deal with water use on the downstream side of a customer meter. Demand
management provides for education or incentives to reduce the water use by the
consumer. This method of conservation generally results in a decrease in water
revenues because less water is purchased from the City.
Supply Management Methods deals with the utility's water system upstream of the
customer's meter. The goal of supply management is to improve efficiency and reduce
waste within the production treatment, and distribution system. Supply management
usually results in decreased costs to the utility as water losses in the system are reduced.
1. DEMAND MANAGEMENT ALTERNATIVES
a. Education and Information:
The most readily available and lowest cost method of promoting water
conservation is to inform water users about ways to save water inside homes and
other buildings, in landscaping and lawn uses, and in recreational uses. An
effective education and information program can be easily and inexpensively
administered by the City of La Porte. Materials available from the American
Water Works Association, Texas Water Development Board, and other like
associations are made available to its customers, through hand outs, mail outs,
and other sources. The City of La Porte has adopted the Bayshore Sun as its
official newspaper. This publication can be used to print articles concerning water
conservation.
The City of La Porte currently participates in the Harris-Galveston Coastal
Subsidence District's program for education of elementary school students in the
importance and methods of water conservation. The City sponsors the program
by funding the program for the La Porte students in the school district.
b. Plumbinq Codes:
Water saving plumbing codes for new construction and for replacement of
plumbing in existing structures may be adopted. The standards recommended by
the Texas Water Development Board represent readily available technologies
and do not involve additional costs when compared with "standard" fixtures.
Water conserving plumbing codes are adopted for cause, specifically, the
Inlelllat:onal Plumbing Code (2006 Version)
The City of La Porte utilizes standard codes whenever possible.
4
c. Retrofit Proqrams:
The City makes information available through its education program for plumbers
and customers to use when purchasing and installing plumbing fixtures, lawn
watering equipment, or water using appliances. Information regarding retrofit
devices such as low-flow shower heads or toilet dams that reduce water use by
replacing or modifying existing fixtures or appliances should also be provided.
d. Water Rate Structures:
A water conservation oriented rate structure usually takes the form of an
increasing block rate, although continuously increasing rate structures, peak or
seasonal load rates, excess use fees, and other rate forms can be used. The
increasing block rate structure is the most commonly used water conservation
rate structure. Separate rate structures are usually used for commercial,
institutional, and industrial customers. The City of La Porte uses a form of
increasing block rate structure.
e. Water ConservinQ LandscapinQ:
In order to reduce the demands placed on a water system by landscape watering,
the city or utility should consider methods that either encourage, by education and
information, or require, by code or ordinance, water conserving landscaping by
residential customers and commercial establishments engaged in the sale or
installation of landscape plants or watering equipment. Because the City of La
Porte is located on the Gulf Coast, it has a very high annual average rainfall. The
need for outdoor watering is not as high as for arid climates. Agricultural land in
the area is not irrigated. Although not made a specific section of the
Conservation Plan, water conserving landscaping information will be made
available through the Information/Education Section.
2. SUPPLY MANAGEMENT ALTERNATIVES
a. Universal MeterinQ:
All public water supply utilities should master meter their water source. In
addition, all users, including the utility itself, should be metered. A regularly
scheduled maintenance program of meter repair and replacement also needs to
be established to ensure that proper metering is taking place. Metering and
meter repair and replacement, can be used in conjunction with other programs
such as leak detection and repair and, thereby, save significant quantities of
water. 1\11 sales in the City of La Porte are metered. Currently, the City of La
Porte has a regular meter repair and replacement program with production
meters being tested yearly.
b. Leak Detection and Repair:
A continuous leak detection, location, and repair program can be an important
part of a water conservation plan. Utility employees for the City of La Porte
periodically check for leaks when reading meters and while performing regular
maintenance. Major leaks are usually quickly detected by either city employees
or customers and are repaired immediately. Soil in the area is generally clay and,
therefore, leaks show up at the ground surface quite readily. Leak detection
technology is also available in the form of electronic sonic devices.
5
c. Recyclinq and Reuse:
A city or utility should evaluate the potential of recycling and reuse because these
methods may be used to increase water supplies in the utility's service area.
Reuse can be especially important where the use of treated effluent from an
industry or a municipal system or agricultural return flows replace an existing use
that currently requires fresh water from a city's or utility's supply. Recycling of in-
plant process or cooling water can reduce the amount of fresh water required by
many industrial operations. Currently, the City of La Porte has a water reuse
program. Because of its size and daily flows, the reuse of treated effluent for
processed water has proven quite economical for the City of La Porte, with an
estimated three million gallons per month being used for this purpose. The City
of La Porte's Municipal Golf Course along with one of the City parks, Little Cedar
Bayou, are irrigated with plant effluent. This resulted in a savings of
approximately 60,000,000 gallons of potable water in 2005.
F. PLAN OBJECTIVES
.:. To reduce vvater consumption from levels that would prevail without conservation efforts
To reduce the loss and waste of water
.:. To improve efficiency in the use of water
.:. To implement Cl system to quantify the effects of tile plan
In aCCmci3r1Ce with 30 TAC Chapter 288.2, tile following five and ten year targets
have bet,1l established
Ei~t3~J5'f"Lli:1L9?t based on 1?~yeEl.I.l21liDSL9!lIlual averam~
1) Reduce the per capita per day water usage' by 5 percent
?) Maintain a level of l.li1ccounted for water loss at 12 percent or less
1) H.ecluce ttle per
per day water usage" by an additional [)
2) f\chieve a level of unaccounted for water loss atl 0 percent or less
" f:or tile {Jwpose of this plan, per capita water use has been equated to use per
conned/on The number of connectiolJs IS more accurate. more easily Iracoa/Jle
and does not rely on celJsus information published infrequently. nlis allows for a
yearly tracking instrument will, real-time data and results
6
G. PLAN DESCRIPTION
Based on the evaluation of alternatives available to the City of La Porte for
conserving water, the following elements have been selected as those best suited
to the needs of the City for water conservation:
Continuing Public Education and Information
Water conserving plumbing code for new construction
Retrofit programs
Water rate structures
Supply Management
Universal metering
Meter repair and replacement
Leak detection and repair
Recycling/reuse
1. CONTINUING PUBLIC EDUCATION AND INFORMATION
A program of public education and information to promote water conservation by
the public has been instituted. The program includes the following:
.:. Conservation messages printed on customers water bills
.:. The City provides support to the Harris-Galveston Coastal Subsidence
District's "Water Conservation Education Program" that provides water
conservation information to the residents through their elementary school
children.
.:. In addition, all new customers are provided water conservation literature
at the time they initially sign up for service.
The public education program covers the water saving methods such as those
listed in Appendix A "Water Saving Methods". The City places special emphasis
on the need to insulate pipes to prevent freezing in cold weather, retrofitting of
plumbing fixtures and devices, and landscaping conservation methods. The
energy savings associated with a water conservation program are also be
emphasized. Assistance in obtaining publications and materials for the program
is obtained from: Texas Water Development Board; American Water Works
Association; Texas Water Utilities Association, American Public Works
Association, and the Environmental Protection Agency. During the first year of
the program, individual pamphlets and flyers were developed, tailored to the
specialized needs and goals of the City.
2. WATER CONSERVING PLUMBING CODE
The City of La Porte has adopted the International Plurnbll)Q Code (2006 version)
7
3. RETROFIT PROGRAMS
The City of La Porte makes information available through its education program
for plumbers and customers to use when purchasing and installing plumbing
fixtures, lawn watering equipment, or water using appliances. Information
regarding retrofitting devices such as low-flow shower heads or toilet dams that
reduce water use by replacing or modifying existing fixtures or appliances will also
be provided.
4. UNIVERSAL METERING
The City of La Porte currently meters all water sales from its system, with the
exception of a few public uses. In addition, in response to requirements by the
Harris-Galveston Coastal Subsidence District, all wells are currently metered at
the well head. Well production meters are lested for accuracy on a three year
schedule", while meters for surface water are tested on an annual basis The
source water meters are maintained Within an accuracy of plus or minus 5%,
The program of universal metering will continue and is made a part of the Water
Conservation Plan.
5. WATER RATE STRUCTURES
The City of La Porte has adopted an Increasing Block Rate structure. A copy of
the current water rate structure is attached in Appendix B and is made part of the
Water Conservation Plan,
6. METER REPAIR AND REPLACEMENT
The City of La Porte currently owns and operates equipment for small meter
testing. The testing of large meters is conducted by contract forces. The current
meter repair and testing program in place at the City of La Porte has been and
will continue to be as follows:
1. Major Production meters - test once per year
2. Minor Production meters test every 3 years
3. Meters larger than four inch - random testing every 3 years
4. Meters larger than one inch - random testing every 5 years
5. Meters smaller than one inch - random testing every 7 years
In addition, the City will verify that each meter in the system is properly sized for
the average volume of water being used in accordance with the manufacturers'
specification for the meter. Based on test!f1~J and field evaluation, meters are
repalrl",i or replaced as needed,
8
7. LEAK DETECTION AND REPAIR
The City of La Porte Area currently has leak detection programs which will be
maintained. The program includes:
a. Monthly water use accounting by the Billing Department which
identifies high water used after the service meters which may
indicate leaks.
b. Visual inspection by utility employees who keep a constant watch
out for abnormal conditions indicating leaks or illegal
connections.
c. An adequate maintenance staff which is available to repair any
leaks.
d. An annual water accounting or audit is considered be part of the
program. Sources of unaccounted for water, once located, are
immediately corrected Data frorn tile audit is used to monitor
and evaluate system conditions.
8. RECYCLING/REUSE
As previously noted the City of La Porte has the capability of reuse and recycling
of treated effluent. Current use includes the recycling of approximate one million
gallons per month at the La Porte Wastewater Treatment Plant used in process
water, Le., process, washdown. Additionally, as indicated above, recycled water
is made available and used by the La Porte Municipal Golf Course and the Little
Cedar Bayou Park for irrigation purposes. The amount will vary during the year
according to the season.
H. HECORDS MANAGEMENT SYSTEM
The Ci'i:f Df la Porte maintains a records management system to monitor and
track ClJstcrner account information and llsage. The 8illing Department flas the
ability to segregate usage groups such as residential, commercial, institutional
and industrial users. The data for water produced is monitored and recorded to
enable accurate tracking of monthly or daily water usage.
I. IMPLEMENTATION/ENFORCEMENT
The City of La Porte Public Works Director acts as the Administrator of the Water
Conservation Program. The Administrator oversees the execution and
implementation of all elements of the program. He is also responsible to oversee
the keeping of adequate records for program verification.
The program will be enforced through adoption of the Water Conservation Plan
by Ordinance or Resolution.
9
,I. coormlNATION WITH REGIONAL WATER PLANNING GROUPS
The ~;crVice area of tho City of La Porte is located witt-lin I~t:~gion H of the re~JiCln~}1
water planning area The City of La POI te has provided a copy of thiS Water
Conservation Plan to the Texas Water Development Board.
f\. PLAN HEVIEW AND UPDATE
This waler conservation plan will be reviewed and updated, as appropriate, based
on all assessment of previous five-year and ten-year targels and any alller new
or updated information. The City will review and update tile next revision of its
Water Conservation Plan and Implementation Report not later than May I , 2009
and every five years after that date. to coincide with the regional water planning
group Future amendments or updates will be evaluated the Administrator to
determine if a substantial modification exists trIal would Wfln8nt additional review
by City Council.
10
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F
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: April 27. 2009
Requested By: S. Gillett ~
Department: Public Works
Appropriation
Source of Funds: N/A
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits: LP A W A Aporoval Resolution
Budgeted Item: N/A
Exhibits: LP A W A Water Conservation Plan
SUMMARY & RECOMMENDATION
The City of La P011e, along with the La Porte Area Water Authority (LP A W A) and its customers,
approved the Water Conservation and Drought Contingency Plan in 1987. The Plans were updated and
approved by City Council on October 8, 2007.
The Legislature amended the Texas Administrative Code Title 30, Chapter 288, effective January 10,
2008, to require additional revisions to water conservation plans, which are due May 1, 2009. The
proposed changes are administrative in nature, mainly additional language, and arc shown as highlighted
in the attached Plan for the Authority.
Date
ORDINANCE 2009-~ 137
AN ORDINANCE APPROVING AND AUTHORIZING AMENDMENTS TO THE
WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN OF THE
LA PORTE AREA WATER AUTHORITY, AS ADOPTED BY THE LA PORTE
AREA WATER AUTHORITY; 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, TEXAS:
Section 1. The City Council hereby approves and authorizes amendments to the Water
Conservation and Drought Contingency Plan of the La Porte Area Water Authority, as
adopted by resolution of the La Porte Area Water Authority on April 22, 2009, and a
copy of which is on file in the office of the City Secretary.
Section 2. The City Council officially finds, detelmines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the
Authority was posted at a place convenient to the public at the City Hall of the City of La
POlte for the time required by law proceeding this meeting, as required by the Open
Meetings Law, Chapter 551, Texas Government Code; and that the 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 fomlally acted upon. The
Authority 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 the 27th day of April, 2009.
By:
CITY OF LA PO~TEXAS
~~.~
Mayor
ATTEST:
\&VC1t~
Secretary ---rn .
APPROVED:
&~r~~
City Attorney
RESOLUTION NO. 2009-01
A RESOLUTION APPROVING AND AUTHORIZING AMMENDMENTS TO
THE WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN OF
THE LA PORTE AREA WATER AUTHORITY; MAKING VARIOUS FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE LA PORTE
AREA WATER AUTHORITY:
Section 1. The Authority hereby approves and authorizes the undertaking
described in the title of this Resolution, in substantially the form as shown in the
document which is attached hereto and incorporated herein by reference.
Section 2. The Authority officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the
Authority was posted at a place convenient to the public at the City Hall of the City of La
POlie for the time required by law proceeding this meeting, as required by the Open
Meetings Law, Chapter 551, Texas Government Code; and that the 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
Authority further ratifies, approves and confirms such written notice and the contents and
posting thereof.
Section 3. This Resolution shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED, this the 22nd day of April, 2009.
LA PORTE AREA WATER AUTHORITY
By:
President
Board of Directors
ATTEST:
Secretary
La Porte Area Water Authority
Water Conservation Plan
Adopted April 1987
Updated: April 1999
April 2005
March 2009
LA PORTE AREA WATER AUTHORITY WATER CONSERVATION PLAN
A. BACKGROUND
In 1981 the State of Texas created the La Porte Area Water Authority for the purpose, among
others, of acquiring, treating, and delivering water to member water districts and industries
throughout Southeast Harris County. The Authority has the right to serve any utility within a
thirty (30) mile radius of the Authority's boundary. The present area within the Authority's
boundary encompasses approximately 20,600 acres. A mandate by the Harris-Galveston
Coastal Subsidence District to convert to surface water by the year 1990 has resulted in the
study of the surface water problem by the Authority. Various alternatives have been
investigated, and it has been concluded that the most cost effective method to provide an
adequate supply of treated surface water to Southeast Harris County is to buy capacity at the
new Southeast Water Purification Plant, and construct transmission and distribution mains to
identified customers. Customers included are the cities of La Porte, Morgan's Point, and
Shoreacres.
Since the early 1960's per capita water usage in the State has increased about four (4) gallons
per person, per decade. More important, per capita water use during droughts is usually about
one-third greater than during periods of average precipitation. Many communities throughout
the United States have used conservation measures to successfully cope with various water
and wastewater problems. Reduction in water use as much as 25% or more have been
achieved, but the normal range is from 5 to 15%. As a result of reduced water use, wastewater
flows have also been reduced by 5 to 10%.
B. PURPOSE AND INTENT
The purpose of a Water Conservation Plan is to reduce the quantity required for each water
using activity, insofar as is practical, through the implementation of efficient water use practices.
The plan defines objectives and specific targets to reduce the loss and waste of water
resources and improve efficiency in the use of water. The purpose of this report is to present
the data collected, alternatives, and elements selected for the La Porte Area Water Authority
Water Conservation Plan and to provide procedures and information for the implementation of
the plan.
Nine (9) principal water conservation methods to be considered in preparing a
water conservation plan are as follows:
Education and Information
Plumbing codes for new construction
Retrofit programs
Conservation oriented water rate structures
Universal metering and meter repair and replacement
Water conserving landscaping
Leak detection and repair
Recycling and reuse
Means of implementation and enforcement
2
C. PUBLIC PARTICIPATION PUBLIC AT LARGE:
LA PORTE
The City of La Porte holds regular City Council meetings on the second and fourth
Monday of each month. The meetings are open to the public, and citizens are free to
speak on any subject during the portion of the meeting designated for this purpose.
LA PORTE AREA WATER AUTHORITY
The La Porte Area Water Authority holds Board meetings as needed to conduct Authority
business. The meetings are open to the public, and citizens are free to speak to the
Authority at these meetings.
MORGAN'S POINT:
The City of Morgan's Point holds regular City Council meetings on the second Tuesday
and fourth Monday of each month. The meetings are open to the public, and citizens are
free to speak.
SHOREACRES:
The City of Shoreacres holds regular City council meetings on the second and fourth
Monday of every month. The meetings are open to the public, and citizens are free to
speak.
D. SPECIAL INTEREST GROUPS
LA PORTE
a. La Porte-Bayshore Chamber of Commerce
b. Homeowner's Associations
c. Various civic and religious organizations
MORGAN'S POINT~
a. La Porte-Bayshore Chamber of Commerce
b. Port of Houston Authority
c. Various civic and religious organizations
SHOREACRES~
a. La Porte-Bayshore Chamber of Commerce
b. Houston Yacht Club
c. Various civic and religious organizations
3
E. SYSTEM AUDIT I PROBLEMS
1. System Audit:
a. Average, seasonal, peak use patterns. Figures 1 through 4 best illustrates
average, seasonal, and peak use patterns. Figures 1 through 3 are for individual
entities, with Figure 4 representing the total Authority. These figures indicate that
the La Porte Area Water Authority follows most cities in having higher average
water use in the summer months from lawn watering. The peak to average use
ratio (average daily summer use divided by average annual daily use) is 1.32 for
the Authority. This ratio is relatively low because of the very humid climate and
high average rainfall the area receives.
b. Unaccounted water volumes and likely causes. Figures 1 through 4 illustrates the
relationship between water production and sales for each individual entity and the
Authority as a whole. The difference between production and sales can typically
be attributed to all or some of the following:
1. Flushing of water mains
2. Fire fighting
3. Inaccurate metering
4. System leaks
5. Unauthorized water use
6. Unmetered water sales
c. Adequacy of treatment, storage, and distribution system.
The cities of La Porte, Morgan's Point, and Shoreacres presently obtain 90% of
their water supply from surface water supplied by the La Porte Area Water
Authority. The surface water is purchased by the Authority from the City of
Houston's Southeast Water Purification Plant. The remaining 10% of their water
needs are supplied from groundwater wells. The water is tested on a regular
basis in accordance with all state and federal regulations. The Cities of La Porte,
Morgan's Point and Shoreacres currently have adequate storage facilities
required to meet the state's "Minimum Water Quantity Requirements for Public
Water Supply Systems".
d. Limit of existing supply/potential new sources.
It is apparent from the systems audit that all three (3) entities are very capable of
providing water to their customers from groundwater sources. In addition, the
distribution and transmission systems are adequate to supply their needs for
several years.
With the conversion to surface water, the adequacy of groundwater supplies to
meet peak load demands in any drought contingencies that might occur are
apparent. However, due to the constraints imposed by the Harris-Galveston
Subsidence District on groundwater withdrawal, these sources will only be used
to supply peak demand in possible drought contingencies.
4
e. Wastewater collection and treatment system.
Currently, only the City of Morgan's Point treat 100% of their own wastewater.
The City of La Porte treats 89.9% of their own wastewater. The remainder of the
La Porte wastewater flows and the flow from the City of Shoreacres are pumped
to a regional wastewater facility owned by the Gulf Coast Waste Disposal
Authority.
2. System Problems:
The La Porte Area Water Authority currently has no serious water supply problems. The
storage and distribution systems are adequate to supply surface water to its customers
through the La Porte Area Water Authority from the City ot Houston Southeast Water
Purification Plant.
F. ALTERNATIVES:
Water conservation methods are typically divided into two (2) categories, Demand
Management Methods and Supply Management Methods. Demand Management
Methods deal with water use on the downstream side of a customer meter. Demand
management provides for education or incentives to reduce the water use by the
consumer. This method of conservation generally results in a decrease in water
revenues because less water is purchased from the City.
Supply Management Methods deals with the utility's water system upstream of the
customer's meter. The goal of supply management is to improve efficiency and reduce
waste within the production treatment, and distribution system. Supply management
usually results in decreased costs to the utility as water losses in the system are reduced.
1. DEMAND MANAGEMENT ALTERNATIVES
a. Education and Information:
The most readily available and lowest cost method of promoting water
conservation is to inform water users about ways to save water inside homes and
other buildings, in landscaping and lawn uses, and in recreational uses. An
effective education and information program can be easily and inexpensively
administered by the La Porte Area Water Authority. Materials available from the
American Water Works Association, Texas Water Development Board, and other
like associations are made available to its customers, through hand outs, mail
outs, and other sources. The La Porte Area Water Authority has adopted the
Bayshore Sun as its official newspaper. This publication can be used to print
articles concerning water conservation.
The cities of La Porte, Morgan's Point and Shoreacres currently participate in the
Harris-Galveston Coastal Subsidence District's program for education of
elementary school students in the importance and methods of water
conservation. Each city sponsors the program by funding the program for the
students in the school district.
5
b. PlumbinQ Codes:
Water saving plumbing codes for new construction and for replacement of
plumbing in existing structures may be adopted. The standards recommended by
the Texas Water Development Board represent readily available technologies
and do not involve additional costs when compared with "standard" fixtures.
Water conserving plumbing codes are adopted for that cause.
The cities of La Porte, Morgan's Point and Shoreacres utilize standard codes
whenever possible. Individual ordinances also may codify particular requirements.
c. Retrofit ProQrams:
The Cities makes information available through its education programs for
plumbers and customers to use when purchasing and installing plumbing fixtures,
lawn watering equipment, or water using appliances. Information regarding
retrofit devices such as low-flow shower heads or toilet dams that reduce water
use by replacing or modifying existing fixtures or appliances should also be
provided.
d. Water Rate Structures:
A water conservation oriented rate structure usually takes the form of an
increasing block rate, although continuously increasing rate structures, peak or
seasonal load rates, excess use fees, and other rate forms can be used. The
increasing block rate structure is the most commonly used water conservation
rate structure. Separate rate structures are usually used for commercial,
institutional, and industrial customers. All entities use some form of increasing
block rate structure.
e. Water ConservinQ LandscapinQ:
In order to reduce the demands placed on a water system by landscape watering,
the city or utility should consider methods that either encourage, by education and
information, or require, by code or ordinance, water conserving landscaping by
residential customers and commercial establishments engaged in the sale or
installation of landscape plants or watering equipment. Because the La Porte
Area Water Authority is located on the Gulf Coast, it has a very high annual
average rainfall. The need for outdoor watering is not as high as for arid
climates. Agricultural land in the area is not irrigated. Although not made a
specific section of the Conservation Plan, water conserving landscaping
information will be made available through the Information/Education Section.
6
2. SUPPLY MANAGEMENT ALTERNATIVES
a. Universal Meterinq:
All public water supply utilities should master meter their water source. In
addition, all users, including the utility itself, should be metered. A regularly
scheduled maintenance program of meter repair and replacement also needs to
be established to ensure that proper metering is taking place.
Metering and meter repair and replacement, can be used in conjunction with
other programs such as leak detection and repair and, thereby, save significant
quantities of water. Nearly all sales in the various entities are metered. Currently,
all cities have some form of regular meter repair and replacement program. All
production meters for each city are tested yearly.
b. Leak Detection and Repair:
A continuous leak detection, location, and repair program can be an important
part of a water conservation plan. Utility employees for the La Porte Area Water
Authority periodically check for leaks when reading meters and while performing
regular maintenance. Major leaks are usually quickly detected by either city
employees or customers and are repaired immediately. Soil in the area is
generally clay and, therefore, leaks show up at the ground surface quite readily.
Leak detection technology is also available in the form of electronic sonic devices.
c. Recvclinq and Reuse:
A city or utility should evaluate the potential of recycling and reuse because these
methods may be used to increase water supplies in the utility's service area.
Reuse can be especially important where the use of treated effluent from an
industry or a municipal system or agricultural return flows replace an existing use
that currently requires fresh water from a city's or utility's supply. Recycling of in-
plant process or cooling water can reduce the amount of fresh water required by
many industrial operations. Currently, La Porte has a water reuse program.
Because of its size and daily flows, the reuse of treated effluent for processed
water has proven quite economical for the City of La Porte, with an estimated
three million gallons per month being used for this purpose. The City of La
Porte's Municipal Golf Course along with one of the City parks, Little Cedar
Bayou, are irrigated with plant effluent. This resulted in a savings of
approximately 60,000,000 gallons of potable water in 2005.
7
G. PLAN OBJECTIVES
',' To reduce water cClIlsumption from levels that would prevail without conservation offods
.:. To reduce till; f055 and waste of water
.:. To improve efficiency in the use of water
.:. To implement a system to quantify the effects of the plan
In accordance with 30 T AC Chapter 288.2, the following five and ten year targets
have been establis[1ed
flve~~YQi:.lLJ?1~U)ased_olJ_5-vear rOllinq annu1!U!y~rage
1) Heduce the per capila per day water usage" by 5 percent
2) Maintain a level of urlaCCOlJllted for water loss at 12 percent or less
1en- YQEliJ21[get based on 5 ~_C1rJQilll1iLanlliL?1 averaqe
1) Heduce the per capita per day water usage" by an additional 5 percent
2) Achieve a level of unaccounted for water loss at 10 percent or less
. For tin: purpose of this plan, per capita water use has been equateel to use per
connection The number of connections is more accumte, more easily traceable
and (ioes not rely on census information published infrequently. This allows for a
yearly tracl\lng instrument with real-time data and results.
H. PLAN DESCRIPTION
Based on the evaluation of alternatives available to the La Porte Area Water
Authority for conserving water, the following elements have been selected as
those best suited to the needs of the Authority for water conservation:
Continuing Public Education and Information
Water conserving plumbing code for new construction
Retrofit programs
Water rate structures
Supply Management
Universal metering
Meter repair and replacement
Leak detection and repair
Recycling/reuse
8
1. CONTINUING PUBLIC EDUCATION AND INFORMATION
A program of public education and information to promote water conservation by
the public has been instituted. The program includes the following:
.;. Conservation messages printed on customer's water bills, city websites
3:1d community newsletters
.:. The Cities provide support to the Harris-Galveston Coastal Subsidence
District's "Water Conservation Education Program" that provides water
conservation information to the residents through their elementary school
children.
.:. In addition, all new customers are provided water conservation literature
at the time they initially sign up for service.
The public education program covers the water saving methods such as those
listed in Appendix A "Water Conservation Literature". The La Porte Area Water
Authority places special emphasis on the need to insulate pipes to prevent
freezing in cold weather, retrofitting of plumbing fixtures and devices, and
landscaping conservation methods. The energy savings associated with a water
conservation program are also be emphasized. Assistance in obtaining
publications and materials for the program is obtained from: Texas Water
Development Board; American Water Works Association; Texas Water Utilities
Association, American Public Works Association, and the Environmental
Protection Agency.
2. WATER CONSERVING PLUMBING CODE
The cities of La Porte and Shoreacres have adopted the International Plumbing
Code (;1.006 version) Morgan's Point has adopted the International Plumbing
Code (2003 version).
3. RETROFIT PROGRAMS
The La Porte Area Water Authority makes information available through its
education program for plumbers and customers to use when purchasing and
installing plumbing fixtures, lawn watering equipment, or water using appliances.
Information regarding retrofitting devices such as low-flow shower heads or toilet
dams that reduce water use by replacing or modifying existing fixtures or
appliances will also be provided.
4. UNIVERSAL METERING
The La Porte Area Water Authority currently meters all water sales from its
system. In addition, in response to requirements by the Harris-Galveston Coastal
Subsidence District, all wells are currently metered at the well head. Well
production meters are tested for accuracy on a three year schedule, while meters
for purchased surface water are tested on an annllal basis. The source water
meters ale maintained within an accuracy of pius or minus 5%.
The program of universal metering will continue and is made a part of the Water
Conservation Plan.
9
5. WATER RATE STRUCTURES
The cities of La Porte, Shoreacres and Morgan's Point Authority have adopted an
Increasing Block Rate structure. Examples of the current water rate structures
are attached in Appendix B and are made part of the Water Conservation Plan
6. METER REPAIR AND REPLACEMENT
The City of La Porte currently owns and operates equipment for small meter
testing. The testing of large meters is conducted by contract forces. The current
meter repair and testing program in place at the City of La Porte has been and
will continue to be as follows:
1. Major Production meters - test once per year
2. Minor Production meters - test every 3 years
3. Meters larger than four inch - random testing every 3 years
4. Meters larger than one inch - random testing every 5 years
5. Meters smaller than one inch - random testing every 7 years
In addition, the Authority, through its individual customers, will verify that each
meter in the system is properly sized for the average volume of water being used
in accordance with the manufacturers' specification for the meter. Based on
testing and field evaluation, meters in all cities are or replaced as
needed
7. LEAK DETECTION AND REPAIR
The cities currently have individual leak detection programs which will be
maintained. These programs include:
a. Monthly water use accounting by the operations staff which
identifies high water use after the service meters which may
indicate leaks.
b. Visual inspection by utility employees who keep a constant watch
out for abnormal conditions indicating leaks or illegal
connections.
c. An adequate maintenance staff which is available to repair any
leaks.
d An annual water accounting or audit is considered be part of tile
program. Sources of unaccoLlnted for water, once located, are
immediately corrected. Data from Ule audit IS used to monitor
and evaluate system condiltons
\0
8. RECYCLING/REUSE
As previously noted, the City of La Porte is the only entity within the La Porte Area Water
Authority with the capability of reuse and recycling of treated effluent. Current use
includes the recycling of approximate one million gallons per month at the Main La Porte
Wastewater Treatment Plant used in process water, Le., washdown, irrigation.
Additionally, as indicated above, recycled water is made available and used by the La
Porte Municipal Golf Course and the Little Cedar Bayou Park for irrigation purposes. The
amount will vary of course during seasonal and various weathers. No recycling or reuse
is anticipated by Morgan's Point or Shoreacres.
H. RECORDS MANAGEMENT SYSTEM
The l..a Porte Area Water Authority maintains a records management system to
monitor and track customer account information and usage data for deliveries
and sales The data for water produced is monitored and recorded to enable
accur.at(~ tracking of monthly or daily water usage Water loss form the
transmission system is monitored on a monthly schedule The La Porte Area
Water l\uthority does not operate a surface water reservoir Therefore an
operations plan is not a component of this water conservation plan.
I. IMPLEMENTATION I ENFORCEMENT
The General Manager of the La Porte Area Water Authority acts as the
Administrator of the Water Conservation Program. The Administrator oversees
the execution and implementation of all elements of the program. He is also
responsible to oversee the keeping of adequate records for program verification.
Each entity is responsible for furnishing all information needed and requested by
the Authority.
The program will be enforced through adoption of the Water Conservation Plan
by Ordinance or Resolution. In addition, the entities of the La Porte Area Water
Authority have adopted a water conserving plumbing code. The Ordinances and
Resolution are found in Appendix C. The appropriate plumbing code listings are
found in Appendix D.
Each entity will provide certified copies of all ordinances and resolutions
concerning water rates, plumbing codes, and other regulatory documents
necessary for the administration of this plan, including all updates.
,J. CONTHACT REQUIHEIVIENTS
Upon COlltract renewal or contract extension With The La Porte Area Water
AuthOrity each wholesale customer shall develop and implement 8 water
conservalion plan or institute water conservation rneasLJr'CS using tile applicalJle
elements of Title 30, Chapter 288, Subchapter A If the customer intends to re-
sell the water, then each successive wholesale customer stlall also implement
applicable water conservation measures. This requirement shall be made part of
every wall,r supply contract
11
K COORDINATION WITH REGIONAL WATER PLANNING GROUPS
The service area of the La Porte Area Water Authority is located within r~egion II
of the regional water planning area The La Porte Area Water Authority has
provided a copy of this Water Conservation Plan to the Texas Water
Development Board.
L. PLAN REVIEW AND UPDATE
This water conservation plan will be reviewed and updated, as appropriate, based
on an assessment of previous five-year and ten-year targets and any other new
or updated information. The La Porte Area Water Authority will review and update
the next revision of its Water Conservation Plan and Implementation Report not
later th;,Hl May 1, 2009 and every five yeals after that date, to coincide with the
regional water planning group. Future amendments or updates will be evaluated
by H18 General Manager to determine if a substantial modification exists that
would warrant additional review by the Board.
12
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G
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: ADrll27.2009
Requested By: Steve GiUett ~~
Department: Pnblic Works
Budi!:et
Source of Funds:
GEN949
Account Number: 015-9892-949-1100
Report: x Resolution:
Ordinance
Amount Budgeted $200,000
Exhibits: Bid Tabulation
Amonnt Requested: $ 93,500
Exhibits: Bidders list
Budgeted Item: yes
Exhibits
SUMMARY & RECOMMENDATION
Public Warks Facility Rehabilitation - Phase I roof replacement was completed in the 2008 fiscal year. Phase II of
the project is removal and replacement of the existing wall panels & insulation. Requests for bids were sent to 12
Contractors to remove and replace the panels and insulation. Bids were received and opened by Purchasing Division
from 4 Contractors. City Staff recommends awarding the bid to Follis Construction for $85,000 to replace the
siding, insulation, & base fixture on the Public Works and Tire Shop and an $8,500 contingency
11 ~/D?
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BIDDERS LIST
PUBLIC WORKS SIDING REPLACEMENT
BID #09015
BRAUNS ROOFING INC.
6122 S. Loop East
Houston, TX 77087
WHIRLWIND STEEL BUILDINGS
8234 Hansen Road
Houston, Texas 77075
OATES INDUSTRIES
2900 East X St.
La Porte, TX 77571
BRINKMANN ROOFING COMPANY
5050 Timber Creek Dr. HUB
Houston, TX 77017
BARNIER BUILDING SYSTEMS
1105 Northville
Houston, Texas 77038
MCCAULEY CONSTRUCTION
3425 Topping
Houston, Texas 77093
PRC ROOFING CO INC.
3714 Osage HUB VENDOR
Houston, TX 77063
FOLLIS CONSTRUCTION
111 N. Broadway
La Porte, TX 77571
L & M CONTRACTORS
530 S. Broadway
La Porte, TX 77571
DERK HARMSEN
2820 Center
Deer Park, Texas 77536
ENGINEERING PROJECTS INC.
3205 Federal Road
Pasadena, Texas 77504
MCT SHEET MET ALJ INC
29210 Quail
Katy, TX 77493
Chamber of Commerce
PO Box 996
LaPorte, TX 77572M0996
InforMlpccCWlaportechamber.ora
Bayshore Sun Publish Dates:
March 29, 2009
April 5, 2009
H
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Aoril27.2009
Aoorooriation
Requested By: Michael G. Dolbv. CPA
Source of Funds:
N/A
Department: Finance
Account Number:
N/A
Report: --X-Resolution: _Ordinance:_
Amount Budgeted:
N/A
Exhibits: Identity Theft oolicv
Amount Requested:
N/A
Exhibits:
Ordinance
Budgeted Item:
YES
NO
Exhibits:
Customer Letter
SUMMARY & RECOMMENDATION
The Federal Trade Commission issued new "red flag" rules which apply to all municipalities that have utility
accounts such as water, sewer or electricity, and other operations that defer payment for services on a regular basis.
In accordance with a recent decision by the FTC, the rules now require that by May 1, 2009 such municipalities
have in place written programs to identity detect and respond to patterns, practices or specific activities-known as
"red flags' - that could indicate identity theft.
Attached is an identity theft policy and ordinance that has been prepared by the staff for the City of La Porte to be in
compliance with the rulings of the Federal Trade Commission. Non-compliance with the FTC rules could subject
the city to audits and substantial fines.
Council Auenda
Ron Bottoms, City Manager
16-J / il~
I
Date
CITY OF LA PORTE
IDENTITY THEFT PREVENTION PROGRAM
EFFECTIVE MAY 1,2009
I. ADOPTION OF PROGRAM AND GENERAL INFORMATION
a. The City of La Porte- ("City") developed this Identity Theft Prevention Program
("Program") pursuant to the Federal Trade Commission's Red Flags Rule ("Rule"), which
implements Section 114 of the Fair and Accurate Credit Transactions Act of2003. 16 C. F. R. S
681.2. This Program was developed with oversight from City of La Porte Finance Department
with approval by the La Porte City Council.
b. An Identity Theft Prevention Program was created and designed to detect,
prevent, and mitigate identity theft relating to "Covered Accounts" of the City. The objective of
the City of La Porte is to safeguard the "Identifying Information" of customers utilizing City
covered accounts, including utility accounts, or any other City operations that provides a service
for which payment is deferred until a future date, for the purpose of identifying and preventing
identity theft.
II. PROGRAM PURPOSE AND DEFINITIONS
a. Fulfilling Requirements of the Red Flags Rule. Under the Red Flag Rule, every
financial institution and creditor is required to establish an "Identity Theft Prevention Program"
tailored to its size, complexity and the nature of its operation. To ensure the City of La Porte has
a program in place to detect, prevent, and diminish identity theft in connection with the opening
and maintaining of utility accounts, and to establish written procedures for security and storing
of personal information, each program must contain reasonable policies and procedures to:
(1) Identify relevant Red Flags for new and existing covered accounts and
incorporate those Red Flags into the Program
(2) Detect Red Flags that have been incorporated into the Program;
(3) Respond appropriately to any Red Flags that are detected to prevent and
mitigate Identity Theft; and
(4) Ensure the Program is updated periodically, to reflect changes in risks to
customers or to the safety and soundness of the creditor from Identity
Theft.
b. Red Flags Rule definitions used in this Program
S:\Council Agendas - Draft\04272009\Finance\La Porte Rcd Flag Policy (final ror adoption 4 27 09l.docl
(1) Identity Theft - fraud committed using the identifying information of
another person.
(2) Red Flag - pattern, practice, or specific activity that indicates the possible
existence of Identity Theft.
(3) Creditors - include finance companies, automobile dealers, mortgage
brokers, utility companies, and telecommunications companies. Where
non-profit and government entities defer payment for goods or services,
they, too, are to be considered creditors. According to the Rule, a city is a
creditor subject to the Rule requirements.
(4) Covered Account - Any account the City offers or maintains primarily
for personal, family or household purposes, that involves multiple
payments or transactions; and any other account the City offers or
maintains for which there is a reasonably foreseeable risk to customers or
to the safety and soundness of the City from Identity Theft. By way of
example, all the City's accounts that are individual utility service accounts
held by customers of the utility whether residential, commercial or
industrial are covered by the Rule.
(5) Identifying information - Any name or number that may be used, alone
or in conjunction with any other information, to identify a specific person,
including: name, address, telephone number, social security number, date
of birth, government issued driver's license or identification number, alien
registration number, government passport number, employer or taxpayer
identification number, unique electronic identification number, computer's
Internet Protocol address, or routing code.
c. This policy applies to all City employees and service providers that have access to
Covered Accounts maintained by City containing customer's Identifying Information that is
submitted in person, by email. by fax, through regular mail, or over the internet.
III. IDENTIFICATION OF RED FLAGS
a. In order to identify relevant Red Flags, the City considers the types of accounts
that it offers and maintains, the methods it provides to open its accounts, the methods it provides
to access its accounts, and its previous experiences with Identity Theft. The City identifies the
following red flags, in each of the listed categories:
b. Red Flags for Notifications and Warnings from Credit Reporting Agencies
(1) Report of fraud accompanying a credit report;
(2) Notice or report from a credit agency of a credit freeze on a customer or
applicant:
S:\Council Agendas - DraJil04272009\FinanceILa P(lrt~ R~d Flag Policy (final for adoption 4 27 (9)doc2
(3) Notice or report from a credit agency of an active duty alert for an
applicant; and
(4) Indication from a credit report of activity that IS inconsistent with a
customer's usual pattern or activity.
c. Red Flags for Suspicious Documents
(1) Identification document or card that appears to be forged, altered or
inauthentic;
(2) Identification document or card on which a person's photograph or
physical description is not consistent with the person presenting the
document;
(3) Other document with information that is not consistent with eXlstmg
customer information (such as if a person's signature on a check appears
forged); and
(4) Application for service that appears to have been altered or forged.
d. Red Flags for Suspicious Personal Identifying Information
(1) Identifying information presented that is inconsistent with other
information the customer provides (example: inconsistent birth dates);
(2) Identifying information presented that is inconsistent with other sources of
information (for instance, an address not matching an address on a credit
report);
(3) Identifying infoffi1ation presented that is the same as infoffi1ation shown
on other applications that were found to be fraudulent;
(4) Identifying information presented that is consistent with fraudulent
activity (such as an invalid phone number or fictitious billing address);
(5) Social security number presented that is the same as one given by another
customer;
(6) An address or phone number presented that is the same as that of another
person;
(7) A person fails to provide complete personal identifying information on an
application when reminded to do so (however, by law social security
numbers must not be required); and
S:\Council Agenda,; - Dram04272009\Finance\La Pone Red Flag Policy (final for adoption 4 27 (9)doc3
(8) A person's identifying information is not consistent with the information
that is on file for the customer.
e. Red Flags for Suspicious Account Activity or Unusual Use of Account
(1) Change of address for an account followed by a request to change the
account holder's name;
(2) Payments stop on an otherwise consistently up-to-date account;
(3) Account used in a way that is not consistent with prior use (example: very
high activity);
(4) Mail sent to the account holder is repeatedly returned as undeliverable;
(5) Notice to the City that a customer is not receiving mail sent by the City;
(6) Notice to the City that an account has unauthorized activity;
(7) Breach in the City's computer system security; and
(8) Unauthorized access to or use of customer account information.
f. Red Flag Alerts from Others. Notice to the City from a customer, identity theft
victim, law enforcement or other person that it has opened or is maintaining a fraudulent account
for a person engaged in Identity Theft.
IV. DETECTING RED FLAGS
a. Detection of New Accounts. In order to detect any of the Red Flags identified
above associated with the opening of a new account, City personnel will take the following steps
to obtain and verify the identity of the person opening the account:
(1) Require certain identifying information such as name, residential or
business address, driver's license or other identification;
(2) Request additional documentation to establish identity if necessary:
(3) Independently contact the customer.
c. Detection of Existing Accounts. In order to detect any of the Red Flags
identified above for an existing account. City personnel will take the following steps to monitor
transactions with an account:
S:\Council Agendas - Drati\04272009\Financc\La Parle Red Flag Policy (final for adoption 4 27 (9).doc4
(1) Verify the identification of customers if they request information (in
person, via telephone, via facsimile, via email);
(2) Verify the validity of requests to change billing addresses; and
(3) Verify changes in banking information given for billing and payment
purposes.
v. PREVENTING AND MITIGATING IDENTITY THEFT
a. Prevention and Mitigation. In the event City personnel detect any identified Red
Flags, such personnel shall take one or more of the following steps, depending on the degree of
risk posed by the Red Flag:
(1) Continue to monitor an account for evidence of Identity Theft;
(2) Contact the customer through use of a designated employee for releasing
information, including by form of letter attached hereto attachment "A";
(3) Change any passwords or other security devices that permit access to
accounts;
(4) Not open a new account;
(5) Close an existing account;
(6) Reopen an account with a new number;
(7) Notify law enforcement; or
(8) Contact affected businesses/banks
(9) Contact major credit bureaus
(10) Determine that no response is warranted under the particular
circumstances.
b. Protect customer identifying information. In order to further prevent the
likelihood of Identity Theft occurring with respect to utility accounts, the City will take the
following steps with respect to its intemal operating procedures to protect customer identifying
information:
(1) Ensure that its website is secure or provide clear notice that the website is
not secure;
S:\Council Agendas - Drafl\04272009\Finance\La Porte Red Flag Policy (fInal for adoption 4 27 09l.doc5
(2) Ensure complete and secure destruction of paper documents and computer
files containing customer information according to Federal and State law;
(3) Ensure that office computers are password protected and that computer
screens lock after a set period of time;
(4) Keep offices clear of papers containing customer information
(5) Keep paper documents, files, CD's, disks, zip drives, tapes and backups in
a locked room.
(6) Inventory all computers, laptops, flash drives, disks and other equipment
to identify sources of sensitive data.
(7) Ensure computer virus protection is up to date; and
(8) Require and keep only the kinds of customer information that are
necessary for utility and recreation purposes.
c. Notice of Identity Theft. Once a customer identifies themselves to the City as a
victim of identity theft and notifies the City of the theft the City shall request from the customer
the following:
(1) Request the utility customer provide a picture identification that meets the
requirements for a opening a new account;
(2) The City will provide the utility customer with a Notice of Identity Theft
Affidavit to be completed;
(3) The utility customer will be required to submit a copy of both a police
report and a completed Notice of Identity Theft Affidavit;
(4) The City will document the receipt of the documents;
(5) When the documents are received the City will take action that could
include the following:
a. Monitor the account
b. Contact the customer
c. Refuse to open the account
d. Notify law enforcement
e. Notify major credit bureaus
S:\Council Agendas - Draftl04272009\Finance\La Porte Red Flag Policy (final for adoption 4 27 09).doc6
f. Notify businesses and banks
g. Determine that no response is warranted under the particular
circumstances
VI. PROGRAM UPDATES
The Director of Finance will periodically review and update this Program to reflect
changes in risks to customers and the soundness of the City from Identity Theft. In doing so, the
Director of Finance will consider the City's experiences with Identity Theft situations, changes in
Identity Theft methods, changes in Identity Theft detection and prevention methods, and changes
in the City's business arrangements with other entities. After considering these factors, the
Director of Finance will determine whether changes to the Program, including the listing of Red
Flags, are warranted. If warranted, the Director of Finance will update the Program or present
the City Council with his or her recommended changes and the City Council will make a
determination of whether to accept, modify, or reject those changes to the Program.
VII. PROGRAM ADMINISTRATION.
a. Oversight. Responsibility for developing, implementing and updating this
Program lies with the Director of Finance or their designee. This person will be responsible for
the Program administration, for ensuring appropriate training of all employees in a position to
have access to or the use of Identifying Information, for reviewing any staff reports regarding the
detection of Red Flags and the steps for preventing and mitigating Identity Theft, determining
which steps of prevention and mitigation should be taken in particular circumstances, and
considering periodic changes to the Program.
b. Staff Training and Reports. Finance Department staff responsible for
implementing the Program shall be trained either by or under the direction of the Director of
Finance in the detection of Red Flags, and the responsive steps to be taken when a Red Flag is
detected.
c. Service Provider Arrangements. In the event the City engages a service
provider to perform an activity in connection with one or more accounts, the City will take the
following steps to ensure the service provider perfoffi1s its activity in accordance with reasonable
policies and procedures designed to detect, prevent, and mitigate the risk of Identity Theft.
(1) Require, by contract, that service providers have such policies and
procedures in place; and
(2) Require, by contract, that service providers review the City's Progran1 and
report any Red Flags to the Director of Finance.
SICouncil Agendas - Draft\04272009IFinanceILa Porte Red Flag Policy (fInal for adoption 4 27 (9).doc7
ORDINANCE NO. 2009- ~ t. ~<g'
AN ORDINANCE APPROVING AND ADOPTING AN IDENTITY THEFT PREVENTION
PROGRAM, WITH AN EFFECTIVE DATE OF MAY 1, 2009; PROVIDING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte herby approves and adopts an Identity Theft
Prevention Program, as reflected in the document titled "City of La Porte Identity Theft
Prevention Program", a true and correct copy which is attached to this ordinance as Exhibit "A",
incorporated by reference herein, and made a part hereof for all purposes.
Section 2. If any section, sentence phrase, clause, or any part of any section, sentence,
phrase, or clause, of this Ordinance or the City of La Porte Identity Theft Prevention Program
adopted thereby shall for any reason, be held invalid, such invalidity shall not affect the
remaining portions of this ordinance, or said Identity Theft Prevention Program, and it is hereby
declared to be the intention of this City Council to have passed each section, sentence, phrase
or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or
clause or part thereof may be declared invalid.
Section 3. The City Council officially finds, determines, recites, and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council was posted
at a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. All ordinances or parts of ordinances inconsistent with the terms of this ordinance,
including any policies adopted in accordance therewith, are hereby repealed.
Section 5. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered. The City of La Porte Identity Theft Prevention Program adopted by this ordinance
shall be effective from and after May 1, 2009.
PASSED and APPROVED this 27th day of April, 2009.
City of La porte<:\)
~,\~
Alton Porter, Mayor
ATTEST:
~
Martha illett, City Secretary
APPROVED:
/<<~r~
Clark T. Askins, Assist. City Attorney
Attachment A
CITY OF LA PORTE
Established 1892
Date
Dear
We are contacting you a potential problem involving identity theft. [Describe the
information compromise and how you are responding to it.]
We recommend that you place a fraud alert on your credit file. A fraud alert tells
creditors to contact you before they open any new accounts or change your existing
accounts. Call anyone of the three major credit bureaus. As soon as one credit bureau
confirms your fraud alert, the others are notified to place fraud alerts. All three credit
reports will be sent to you, free of charge, for your review.
Equifax
800-685-1111
Experian
888-397-3742
TransUnionCorp
800-680-7289
Even if you do not find any suspicious activity on your initial credit reports, the Federal
Trade Commission recommends that you check your credit reports periodically. Victim
information sometimes is held for use or shared among a group of thieves at different
times. Checking your credit reports periodically can help you spot problems and address
them quickly.
If you find suspicious activity on your credit reports or have reason to believe your
information is being misused, call your local law enforcement agency and file a police
report. Get a copy of the report; many creditors want the infom1ation it contains to
absolve you of the fraudulent debts. You also should file a complaint with the FTC at
www.ftc.gov/idtheftorat 1-877-ID-THEFT (877-438-4338). Your complaint will be
added to the FTC's Identity Theft Data Clearinghouse. where it will be accessible to law
enforcers for their investigations.
Sincerely.
Michael G. Dolby. CPA
Director of Finance
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
REQUEST FOR CITY COUNCIL AGEN
'rEM
Requested By: Tim Tietjells
Agenda Date Requested: April 27, ~O()9
d' /
I
\ -"
Appropriation:
Source of Funds:
Department: Planning
Account Number:
Re ort:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits:
Amount Requested:
Ordinance
Aerial/Zoning Map
Budgeted Item:
N/A
SUMMARY & RECOMMENDATION
The Planning & Zoning Commission, during their March 19, 2009, meeting, hcld ,1 public hearing to receive citizen
comments regarding Rezone Request #ROS-003. The applicants, Troulon Realty, Ltd. /Y. Oak Park. LLC., seek to have the
property rezoned from Business Industrial (HI) to Planned Unit Development (PUD). The property is located at 1400
North 10111 Street (State Highway 146 North Frontage Road).
The subject property has a mobile home park that has been in operation since] 950. UncleI' the current ordinance provisions,
the use is allowed to continue until it is abandoned. The property is located closely to the Port of Houston's Barbour's Cut
Terminal and a few miles from the Bayport Terminal.
The tract in question is within the vicinity of major commercial and industrial facilities in the area near upper Galveston
Bay. In addition, it is closely located near the interchange of State Highways 146 and 225 and abutting Union Pacific
Railroad. The City's Land Use Map shows underlying land uses as commercial/industrial. The desired use is motor freight
transportation and a warehousing faci lity at the site. The applicanfs development plan shows the initial phase to stabilize
the ground first and then plan for the future warehouse phase, subject to the availability of lenders and joint venture
partners.
A Planned Unit Development (PUD) zone might be considered a viable option as it will provide the City more control on the
future land use and provide an opportunity for Council to review a defined project followed by a Special Conditional Use
Permit.
As required by Ordinance, notices of the public hearing were mailed to five property llwners within 200' of the subject
site. No response was received from the mailout. Thc Planning and Zoning Commission, by unanimous vote,
recommends City Counci I approve Rezone Request #R08-003.
Action Required bv Council:
Conduct public hearing.
')nsider taking action on a recommendation by the Planning and Zoning COlllmission to <lpprove Rezone Request
# OS-003, rezoning the referenced property frolll 131 to PUD.
it ,l,~ 16~
Date
ORDINANCE NO. 2009-J/:3!j
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 BUSINESS INDUSTRIAL TO PLANNED UNIT
DEVELOPMENT FOR A 13.54 ACRE TRACT OF PROPERTY LOCATED AT 1400
NORTH 10TH STREET, HEREIN DESCRIBED; MAKING CERTAIN FINDINGS OF
FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1. The City Council of the City of La Porte hereby finds, determines
and declares that heretofore, to-wit, on the 19th day of March 2009, at 6:00 p.m. a Public
Hearing was held befoi"e the Planning and Zoning Commission of the City of La POlie,
Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551,
Texas Government Code, to consider the question and the possible reclassification of
the zoning classification of the hereinafter described parcels of land. There is attached
to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part
hereof for all purposes, a copy of Notice of Public Hearing which the City Council of the
City of La Porte hereby finds was properly mailed to all owners of all properties located
within two hundred feet (200') of the properties under consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof
for all purposes.
"Section 3.
Immediately following such public hearing on March 19, 2009, the
Planning and Zoning Commission of the City of La Porte met in regular session to
consider changes in classification, which were the subject of such public hearing. The
City Council of the City of La Porte is in receipt of the written recommendations of the
City of La Porte Planning and Zoning Commission, by letter dated March 23, 2009, a
ORDINANCE NO. 2009-3L3CJ
Page 2
true copy of which letter is attached hereto as Exhibit "C", incorporated by reference
herein and made a part hereof for all purposes.
"Section 4.
Subsequent to receipt of the recommendation of the City of La
Porte Planning and Zoning Commission, the City Council of the City of La Porte called a
public hearing on the proposed classification changes and the recommendation of the
Planning and Zoning Commission on the 2il1 day of April, 2009, at 6:00 p.m., and
pursuant to due notice, to consider the recommendation of the Planning and Zoning
Commission regarding the possible reclassification of the zoning classification of the
hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "0",
incorporated by reference herein and made a part hereof for all purposes, a copy of the
notice of public hearing.
"Section 5.
The publisher's affidavit of publication of notice of said hearing is
attached hereto as Exhibit "E", and incorporated by reference herein and made a part
hereof for all purposes.
"Section 6.
The City Council of the City of La Porte hereby accepts the
recommendation of the City of La Porte Planning and Zoning Commission, and the
zoning classification of the hereinafter described parcels of land, situated within the
corporate limits of the City of La Porte, is hereby changed from Business Industrial (BI)
to Planned Unit Development (PUD)." The description of said parcels of land rezoned is
as follows, to-wit.
"13.54 acres of land being TR 27 of Block 27, TR 28 of Block 28, Nebraska Syndicate
and TR 3 in the Enoch Brinson Survey, Abstract 5, Volume 65, Page 175 of the
H.C.D.R. La Porte, Harris County, Texas."
ORDINANCE NO. 2009~ 3t31
Page 3
"Section 7. The City Council of the City of la Porte hereby finds, determines,
and declares that all prerequisites of law have been satisfied and hereby determines and
declares that the amendments to the City of la Porte Zoning Map and Classification
contained in this Ordinance as amendments thereto are desirable and in furtherance of
the goals and objectives stated in the City of la Porte's Comprehensive Plan.
"Section 8.
The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council was posted at a place convenient to the public at the City Hall of the City for
the time required by law pl-eceding this meeting, as required by the Open Meetings law,
Chapter 551, Texas Government Code; and that this meeting has been open to the
public as required by law at all times during which this ordinance and the subject matter
thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting
thereof.
"Section 9.
This Ordinance shall be in effect from and after its passage and
approval. '
Passed and approved this the~ 1;f!-day of ~
,2009.
CITY OF lA PORTE
By ~y~
ALTON PORTER, Mayor
ATTEST:
BY~~P
MARTHA GillETT, City Secretary
APPROV7D:,/
//4
B.'; /
y: .. /
C R
--iZrf-u0v)
ASKINS, Assistant City Attorney
#ROX-OO.3
THE STATE OF TEXAS
COUNTY OF HARRIS)
(TTY OF LA POI<TE
NOTICE OF PUBLIC HEARING
In accordance with the provisions in Section 106-171 of the City of La Porte Code of
Ordinances, notice is hereby given that the La Porte Planning and Zoning Commission will
conduct a public hearing at 6:00 P.M. on the 19th day of March 2009, in the Council
Chambers of the City lIal!. 604 West Fairmont Parkway, La Porte, Texas. The purpose of
this hearing is to hear public input on Zone Change Request #R08-003, for the property
located at 1400 North 10th Street. The propel1y is further described as 13.54 acres being TR
27 of Block 27, TR 28 of Block 28, Nebraska Syndicate and TR 3 in the Enoch Brinson
Survey, Abstract 5, Volume 65, Page 175 of the H.C.D.R. La Porte, Banis County, Texas.
The applicants, Glenn L. Roberts (Troulon Realty Ltd.) and Hal Lawler (Oak Park LLC.),
seek to have the property rezoned from Business Industrial (Bl) to Planned Unit
Development (PUD). The purpose of the zone change request is to utilize the property for
future truck serviced warehouse facility.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of acting upon the public hearing items and to conduct other matters
pertaining to the Commission.
Citizens wishing to address the Commission pro or con during the public hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Mm1ha Gillett, TRMC CMC
City Secretary
A quorum ol Cit] , COl/ncil mCII/hcrs ml~l' be preselll and participate in discussions during Ihis meeling.
however. no action will be laken hy Council.
Thisfixility has disahilitl' uu'ommodatillns available, I?equestsjiw accO/llmodatirms ()/' illle/pretive services at
meetings sl10llld he made -IS hours prior III Ihe meeting Plcase conlacl Cill' SeCrelil1T '.I' oj/ice a/ (281) -171-
jIJ2IJ or TOO Lille (281) -/l1.,j03iJforjill'ther injiJrmalio11.
EXHIB'l A
'HE STATE OF TEXAS)
;OUNTYOF ARRIS) .~ th
;rll'OFLA -".) 820 S. 8' Street
;J~)~ Oit~BL i Porte, Texas 77571
n accJrd ~~. wi the
"ovisiofis in' Seclion
06-171 of the Ci of La
'orte Code of Ordi- ,
lances, notice is hereby
liven that the r Po.rte
'Ianning and. Zomng
~ommission will.' conduct
l public hearing J at 6:00
'.M. on the 19t~ day ot
.i1ilrch 2009, in ,the Coun-
:ii Chambers ofl the City
1all 604 West' Fairmont
'arkway, La;; Porte.
i'exas. Theeurpose 01
his hearing i~ to hear
Jubiic input i. on Zone
~hange 1 Request
iR08-003 for .Tthe prop-
lrty located at~1400 North 0 f LaP 0 rt e
10\11 Street. 1.)1e property
s further de.ecribed as f H .
13.54 acres bejng TR 27 nty 0 arns
)f Block 27, hTR 28 of i
310ck 28, NeO[3ska Syn- e 0 f T e X a s
Jicate and TR '. 3 In the
onoch Brinso~ Survey, r
~bstract 5, '{olume 65,
"age 175 of tlje H.C.D.R.
~:xasPorte, T~:r~~a~p~~~~: ire me, the undersigned authority, on this date came and
~~e~~ Lu~~be1~nd(TroLuC~;)1 ~ared Adam Yanelli, a duly authorized representative of The
Lawler (Oak PoJrk L .,'
~::~ne~ ha~~ml~r J~~in:~)hore Sun, a semi-weekly newspaper published and generally
Industrial (BI) Ii! Planned b d' he' f L PH' C T d h f
~: p~r~~~~P";,(~\he(P~~~ ute In t e Ity 0 a orte, arns ounty, exas an w 0 a ter
~~an~ee r;~~~s~y:i\/\t~:~J duly sworn, swears the attached notice was published in The
truck serviced ':i warehouse. h S _ ~ / /
facility. .~ ore un at \ 3 1 09
A regular meet(ng of the I
Planning an<j.\ Zomng
Commission '4i11 follow
the public hea~r.g tor the
purpose 01 agllng upon
Ihe public he~ing lIems
and to conduct, other mal-
ters pertaining, to the
Commission. ::
Citizens w;shina to. ad-
dress the .fommlsslOn
pro or con dUf1l)9 the pub-
lic hearing will be reqUIred
to sign in belore the
meeting is convened.
TheB
281-471-1234
Fax 281-471-5763
· re Sun
_-,Serving the Bavshore Area Since] 947'
Re: PUBLIC NOTICE
CITY OF LA PORTE
R08-003
Sworn and subscribed before me this 2nd
day of March
,2009.
u4Jm1/k~
Deborah Sue Stout
Notary Public
Harris Coullty, Texas
My Commission Expires 03-13-2012
;llljlliOI,Oi 1,llllilll 111111 j 111111/lli lIlll III II!.!
: DEBORAH SUE STOUT ~
NOT'AHY PUBLIC
- 8T.I.\1'E OF TEXAS -
~ Comm Exp 03-13-20 '12 _
nl l! Illilll j j II Illllllll!ll11111l1l1111111111l1111 J Ii
EXHIBIT B
March 23, 2009
Honorable Mayor Alton P0l1er and City Council
City of La Porte
Re: Rezone Request tfR08-003
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during its March 19, 2009, meeting,
held a public hearing to consider Rezone Request #R08-003. The subject property is
located at 1400 North 10lh Street, further described as 14 acres being TR 27 of Block 27,
TR 28 of Block 28, Nebraska Syndicate and TR 3 in the Enoch Brinson Survey, Abstract
5, Volume 65, Page 175 orthe H.C.D.R. La P0l1e, Harris County, Texas. The applicants
seek to rezone the property from Business Industrial (BI) to Planned Unit Development
(PUD).
The Planning and Zoning Commission, by a unanimous vote, has recommended approval
of the rezone request.
Respectfully submitted,.
(/')d!LL:
Dottie Kaminski
Vice Chairperson. Planning and Zoning Commission
c: Ron Bottoms. City Manager
John Joerns. Assistant City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
EXHIBIT C'
IIR08-00J
THE STATE OF TEXAS
COUNTY OF HARRIS)
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions in Section 106- I 71 of the City of La Porte Code of
Ordinances, notice is hereby given that the La Porte City Council will conduct a public
hearing at 6:00 P.M. on the 27th day of April 2009, in the Council Chambers of City Hall,
604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to hear public
input on Zone Change Request #R08-003, for the property located at 1400 North 10lh Street.
The property is further described as 13.54 acres being TR 27 of Block 27. TR 28 of Block
28, Nebraska Syndicate and TR 3 in the Enoch Brinson Survey, Abstract 5, Volume 65, Page
175 of the H.C.D.R. La Porte, Harris County, Texas. The applicants. Glenn L. Roberts
(Troulon Realty Ltd.) and Oak Park LLC., seek to have the property rezoned from Business
Industrial (BI) to Planned Unit Development (PUD). The purpose of the zone change request
is to utilize the property for future truck serviced warehouse facility.
A regular meeting of the City Council will follow the public hearing for the purpose of
acting upon the public hearing items and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the public hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett. TRMC, CMC
City Secretary
A qllO/'ll1ll of' Cily ('ouneil /llelllhers may be prc!sc!11! and porlicipale in discussiuns during this meeting,
however, no aclion \I'ill be laken by Council.
Thisfaci/itv has disabili~v accolllmodations avai/ahte. Requests./hr ({cco/lllllOdotions ur interprelive services al
meetings should be lIIade -i8 hU/lrs prior 10 the meeling. Please conlacl Cily .'.'c!eretill)"s oj/ice al (28/) ../7/-
5020 or TDD Line (28 I) ..j7 ! -5IJ30/iw./itrther it?/iJrmatio/l.
EXHIBIT 0
8th
Street
:' Texas 77571
281-471-1234
Fax 281-471-5763
TheB
___ ______'.';;erving the Bavshore Area Since 1947'
Porte
Harris
exas
Re: PUBLIC NOTICE
CITY OF LA PORTE
ZONE CHANGE REQUEST #R08-003
e, the undersigned authority, on this date came and
Adam Yanelli, a duly authorized representative of The
the. Sun, a semi-weekly newspaper published and generally
. ~a~~I~ ~ in the City of La Porte, Harris County, Texas and who after
;. regular mee g of the V sworn, swears the attached notice was published in The
City Council w follow the ,
public hearin for the pur- Sun dated 4 1 2/09 ;_ '.'
pose of ac g upon the .
public hear" g ttems and
10 condu other matters
pertaining the Council.
Citizens wishing to ad-
dress e Council pro or
con uring, the public
: hearin will be required to
sign n before the meeting
is co vened.
Sworn and subscribed before me this
15th
day of
April
,2009.
~ ji{j~"",,,,,,,,,,,, """'"'''' '" '''''' ",,,! U
e orah Sue Stout :,:. o''''V PO.(, DEBORAH SUE STOUT ::.:
Notary Public :..; *~* NOTARY PUBLIC ~
; ~ STATE OF TEX,L\S ::
Harris County, Texas .~ '>""OF"~"'" Comm. Exp. 03-13-2012 ~
;: i HI: 11 1I1111111ll1l11l11l11l111l11l11l1111l111111 ii
My Commission Expires 03-13-2012
EXHIBIT f
REZONE REQUEST #R08-003
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9
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appl'opriation
Agenda Date Requested: AI)ril27. 2009/ 1 \'
! / r ....1...1-/ -)
Requested By: Tim Tietiens \. 'l)lJ~-
f"'" "'I ~
~~,~,J
Sourcc of Funds:
N/A
Account Number:
N/A
Dcpartmcnt: Planning
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: l
Amount Requested:
Exhibits:
1. Ordinance
2. Area Map
Budgeted Item: _YES -X-NO
SlJMMARY & RECOMMENDATION
The City has received an application from Mr. Ted COltez to vacate, abandon and close the S. 151h
Street Right-of-Way between Blocks 753 & 754, Town of La POIte and the southernmost 300' of
the alley in Block 754. The applicant desires to close the subject rights-of-way to facilitate
expansion of his business, Dureo, Ltd., at 225 S. 16th Street.
CUlTent City guidelines discourage 'pattial' right-of-way closings. Accordingly, Staff advised the
applicant of the need to obtain consent from the sole adjacent owner within the block (Lots 29-32,
Block 754), The applicant has contacted the owner on several occasions to obtain consent and to
purchase the property. The adjacent owner has subsequently refused to participate or to provide
consent. Therefore, Staff requests Council's consideration of a partial alley closing in this specific
case.
City Staff and its fl'anchised utility companies (i.e. Centerpoint Energy, AT&T & Comcast) have
each reviewed the applicant's request and have expressed no objection to closing of the subject
right-of-way and alley.
In accordance with Section 62.35 of the City's Code of Ordinances, an independent appraisal has
been conducted of the S. 151h Street Right-of-Way (2,400 sq. ft.) and the southernmost 300' of the
alley in Block 754 (4,800 sq. it). Fair market value has subsequently been assessed at $0.90 per
square foot for which the City has received payment in the amount 01'$19,440 (75% of Fair Market
Value per the ordinance). Upon approval of the subject closings by Council, Mr. Cortez will replat
his entire properties to include the closed lights-of-way.
Action Required of Council:
'ove an ordinance vacating. abandoning, and closing the entire S. 151h Street Right-of-Way
belw en Blocks 753 & 754, Town of La Porle and the southernmosl 300' of the alley in Block 754,
Tow of La Patte.
Council Agenda
1L~~
Date
ORDINANCE NO. 2009-
.3/40
AN ORDINANCE V ACA TTNG, ABANDONING AND CLOSING A PORTION OF
THE SOllTH 15TH STREET RIGHT-OF-WAY AND A PORTION OF THE
ALLEY IN BLOCK 754, TOWN OF LA PORTE, HARRIS COllNTY, TEXAS;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFI~CTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been requested by the
record owner of all of lhe property abutting the hereinafter described portions of the
South 15th Street Right-of-Way and the alley in Block 754. Town Of La Porte. Harris
County. Texas, to vacate, abandon. and permanently close the hereinafter described
portions of the South 151h Street Right-of. Way and the alley in Block 754. Town of La
Porte. Harris County, Texas; and
WHEREAS, the Cily Council of the City of La Porte has determined and does
hereby find, determine, ,md declare that the hereinafter described portions of South 15th
Street Right-of- Way and the alley in Block 754. Town Of La Porte. Harris County,
Texas, are not sui lab Ie, needed. or beneficial to the public as a public road, street, or
alley. and the closing of the hereinafter described portions of the South 15th Street Right-
of-Way and the alley in Block 754, Town Of La Porte. Harris County, Texas, is for the
protection of the public and for the public interest and benefit, and that the hereinafter
described portions of South 15th Street Right-of-Way and the alley in Block 754, Town
Of La Porte, Harris County. Texas. should be vacated. abandoned, and permanently
closed.
BE IT ORDAINED BV TI-IE CITY COUNCIL OF THE CITY OF LA I)ORTE:
Section t. II nder and by virtue of the power granted to lhe City of La Porte
under its home rule chmIel' and Chapter 253, Section 253.001, Texas Local Government
Code, the hereinafter described portions of South 15th Street Right-of-Way and the alley
in Block 754, TO\vn Of La Porte. Harris County. Texas, are hereby permanently vacated,
abandoned, and closed by the City of La Porte, to wit:
~J5I/ /
2
TRACT ONE:
That portion of the South 15th Street Right-of-Way (60' wide) lying within and
situated between Blocks 753 and 754, Town of La Porte, as genel"ally illustrated on
Exhibit" A" attached herein and made part hereof, containing a total of twenty four
thousand (24,000) squaI"e feet.
TRACT TWO:
That portion of the alley in Block 754, Town of La Porte, lying within and situated
between Lots 5 through 16 and Lots 17 through 28, as generally illustrated on
Exhibit "A" attached herein and made part hereof, containing a total of four
thousand eight hundred (4,800) square feet.
Section 2.
The City Council officially finds. determines. recites, and declares
that a sufficient written notice of the date, hour, place, and subject or 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 etfective from ancl after its passage and approval,
and it is so ordered.
PASSED AND APPROVED THIS
ATTEST:
/)1()f/{)/J railed - ~
t}/ (}I It;41tJcF IV 1JT fYT55(.,I)"
nAY OF
2009.
CITY OF LA PORTE
By:
Alton Porter, Mayor
Martha Gillett, City Secretary
APPROVED:
Knox W. Askins, City Attorney
EXHIBIT "An TO
ORD. NO. 2009-
25
S. 15th ST. R-O-W CLOSING .
(60' x 400' :: 24,000 SQ. FT.)
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15B
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S. 300' of ALLEY, BLOCK 754
(16' x 300' = 4,800 SQ. FT.)
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EXHIBIT 2 - AREA MAP
PROPOSED CLOSING
OF SOUTH 15TH ST.
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11
REQUEST FOR CITY COUNCIL AGENDA ITEM
M. Gillett
Appropriation
Agenda Date Requested 4/27/2009
Requested By
Source of Funds:
Department:
Account Number:
Report X Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Election Agreement
Amount Requested:
Exhibits:
Rxhihits:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
Harris County recommended the City no longer tabulate for the City of Morgan's Point and Shoreacres due to the
low volume of voters within their respective cities. The attached election amends the joint election agreement
between the La Porte Independent School District, City of La Porte and San Jacinto College District reflecting this
change.
Action Required bv Council:
Approve the election a2reement as recommended bv staff.
i.l~~( ff/
INTERLOCAL AGREEMENT FOR JOINT ELECTIONS
STATE OF TEXAS
COUNTY OF HARRI S
This Agreement made and entered into by and among the CITY OF
LA PORTE (hereinafter "LA PORTE"); the LA PORTE INDEPENDENT SCHOOL
DISTRICT (hereinafter "LPISD"); and SAN JACINTO COLLEGE DISTRICT
(hereinafter "COLLEGE").
WIT N E SSE T H:
1. This Agreement is made and entered into under the authority of
the Texas Interlocal Cooperation Act, codified as Chapter 791,
Texas Government Code, and Chapter 271, IIJoint Elections", of
the Texas Election Code. The purpose of this Agreement is to
establish the procedures, division of responsibilities, and
sharing of costs, for annual joint elections of officers of
the parties hereto on the second Saturday in May of each year,
and any necessary runoff elections, commencing on the second
Saturday of May, 2009.
A party to this Agreement which
cancels its own election due to unopposed candidates, pursuant
to Section 2.051, et. seq., Texas Election Code, shall have no
further obligations under this Agreement after the date of
cancellation, for such election year, other than to continue
to provide its physical facilities as provided for herein (and
not otherwise prohibited by law). The non-canceling parties
shall continue to perform their respective obligations under
this Agreement. This Agreement shall not be applicable to
1
special elections held by a party hereto.
2. The annual joint election shall be conducted at the seven (7)
election precincts described on Exhibit "A" attached hereto
and incorporated by reference herein. Early voting place for
LA PORTE, LPISD, and COLLEGE, shall be at LA PORTE City Hall.
LA PORTE shall conduct elections for itself, LPISD, and
COLLEGE, at Precincts 1 through 7, both inclusive. In the
event that LA PORTE, LPISD, or COLLEGE shall cancel its or
their election, the polling places for the remaining entities
shall remain the same.
3. Each entity shall conduct its own candidate filings; drawings
for places on its ballot; posting and publication of election
notices; receipt of campaign finance reporting; and any other
actions required of the entity by the Texas Election Code,
except as herein provided. LA PORTE shall assume
responsibility for the conduct and administration of the
annual joint election, on behalf of all of the parties to this
agreement, including to 1) arrange for printing of ballots; 2)
provide for rental of election booths and electronic counting
machines; 3) appoint and compensate judges and clerks; 4)
conduct early voting; 5) serve as the Central Counting Station
to receive all ballots cast in elections held by any of the
parties to this agreement, for required processing and
tabulation of said ballots; and 6) arrange for all other
matters necessary for the conduct of its own election and the
other parties to this agreement, if LA PORTE is holding an
2
election. The costs and expenses incurred by LA PORTE in
administering the joint election, including the cost of
operating the Central Counting Station for processing and
tabulating ballots of all parties holding an election, shall
be allocated among the participating parties to the Agreement,
on a prorate basis, as provided in Paragraph six (6) of this
Agreement.
4. If LA PORTE is not holding an election pursuant to Section
2.051 et. Seq., Texas Election Code, LA PORTE shall not be
responsible for any of the duties established under Paragraph
three (3) of this Agreement, including the operation of a
Central Counting Stating for the processing and tabulating
ballots of all parties holding an election. In the event of a
cancelled election, another qualifying party to this agreement
shall be responsible for all administration of the election,
including operating as a Central Counting Station, pursuant to
the following schedule: If LA PORTE is not holding an
election, LPISD shall be responsible for arranging all matters
necessary for the conduct and administration of the election
for election year 2010, and all elections taking place in even
numbered years, thereafter. For the election in 2009, and all
elections taking place in odd numbered years thereafter,
beginning with said 2009 election, COLLEGE shall be
responsible for arranging all matters necessary for the
conduct and administration of the election, where LA PORTE
cancels its election.
3
5. Regardless of which party is responsible for the conduct and
administration of an election under Paragraph three (3) of
this agreement, it is required that every party shall be
individually responsible for making the necessary filings with
the u.s. Department of Justice under the Federal Voting Rights
Act, for pre-clearance of the change in election date; joint
election procedure; and the establishment of precincts, for
their respective jurisdictions.
6. Common expenses of the joint election shall be prorated among
the parties incurring and benefiting from such expenditures.
Expenses shall include all necessary disbursements, such as
ballot printing and supplies, judges and clerks. In each case
in which it is responsible for the conduct and administration
of the election, LA PORTE shall invoice LPISD and/or COLLEGE,
as applicable, for their pro rata portions of such joint
expenses, which invoice shall be due and payable within (30)
days of receipt thereof. Under the terms of the Texas
Election Code, no charge shall be incurred for use of public
buildings to conduct an election. The parties shall meet
following each election, beginning with the 2009 election, to
review the administration and expenses of the joint elections.
7. This Agreement shall be effective January 1, 2009, for the
2009 general election of officers by the parties hereto, and
any necessary runoff elections. This Agreement shall
automatically renew thereafter on a year to year basis. A
party to this Agreement may withdraw from this Agreement by
4
giving written notice to all of the other parties hereto, on
or before December 1st of the year preceding the next election
cycle.
8. This Agreement has been approved by the respective governing
boards of the parties hereto.
PaYments hereunder shall be
from current revenues available to the paying party.
WITNESS OUR HANDS, effective January 1, 2009.
By:
CITY ~LY~
Alton E. Porter
Mayor
ATTEST:
~ttttN.44
Mart a A. Gillett
City Secretary
LA PORTE INDEPENDENT
SCHOOL DISTRICT
r(~ft~
President, Board of Trustees
By:
~
secret' ·
SAN JACINTO COLLEGE DISTRICT
By:
President Board of Trustees
5
ATTEST:
Secretary
6
A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 04-27-09
Requested By: Kp.nith Arlc-ox ~ (\~
Bud2"et
Source of Funds:
Department:
Police
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
PI'oro~~1 (m.1001) .Tndi{'p. RI'l'ovI'I'Y rv"lInt
for Northside Resident Officer
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
Tentative Budlret
Exhibits
SUMMARY & RECOMMENDATION
The City of La Porte Police Department would like to submit an application for the 2009 Justice Assistance
Recovery Grant for a Northside Resident Officer program. This is a competitive grant and approximately
$334,469.00 will be requested for program implementation.
Action Requil.ed bv Council:
Se 'rection fl-om Council on whether the Department should proceed with the grant application for the Northside
side t Officer Program.
Jil-J- ~'1
Date
La Porte Police Department
3001 North 23'd Street
La Porte, Texas 77571
281-471-3810 Fax: 281-470-1590
Proposal for 2009 Justice Assistance Recovery Grant
Competitive Grant for a Nortbside Resident Officer
The 2009 JAG Recovery Grant, a competitive grant, is being targeted toward the Northside of
the City of La Porte. It is the intention of the Police Department to seek funding for a resident
police officer who would reside on the NOlihside and be available for the citizens in that area at
anytime. The grant application includes funding to cover the entire cost of the program for two
full years, including the resident officer's salary/benefits, overtime, a marked police vehicle, a
marked police bicycle, the purchase of a home, utilities, promotional materials, and funds
required to sponsor 3-4 neighborhood-based events each year. The Police Depmtment is seeking
grant funding of approximately $334,469 for this project. No match on the part of the City of La
Porte would be required.
The Resident Officer Progrmll would be designed to take a La POlie Police Officer and have him
or her live and work on the NOlthside of the City of La POlte, which has been identified as an
area within the City having a higher than average incidence of gang activity, drug activity, crime,
and at-risk youth. The progrmn would require that the assigned officer move to a city owned
residence and establish a 24-hour presence in the neighborhood. The officer would be required
to live on the NOlihside and become thoroughly familiar with the area, its residents and their
problems. Emphasis would be placed on taking a problem-oriented policing approach by
identifying root causes of area problems and then developing/implementing long-term strategies
to meet the community's public safety and quality of life needs. In doing so, the assigned officer
would establish a strong Neighborhood Watch Program, work to mentor area youth, and partner
with m'ea residents, businesses, faith-based communities, area civic groups, and other city-
services in order to address area problems. The officer would also provide a highly viable police
presence within the area by working in uniform and operating a marked police vehicle and/or
bicycle.
The designated resident officer would be allowed to live in the residence free of charge, with all
utilities paid. He/she ,vould also be provided with a marked patrol car and bicycle for their use.
Funds to provide promotional materials and sponsor regular community oriented events would
also be budgeted. The home in question would be equipped with a home office (i.e. converted
garage), allowing the officer to establish regular office hours so that area residents could drop-in
and engage in direct communication with the officer. In addition, the Resident Officer's
telephone number would be published and the officer would be expected to respond to any
situation needing their immediate at1ention. The Resident Officer would work flexible hours as
determined by the officer, his/her supervisor, and the neighborhood's individual needs.
In general, the goal of this program would be to provide a proactive police presence in the
neighborhood and to provide conmmnity services and police support for the area's residents.
Through the llse of community-oriented and problem-solving policing strategies, the program
would enhance the quality of life and reduce/prevent crime and the fear of crime within the area.
ROil BOliO/liS
Cily ManaKa
Kenilh Adcox
C"i~( a/Police
Through positive interaction, strong relationships would be built with area residents resulting in
higher levels of trust between the police and community members living on the Northside of La
Porte.
This grant application would address grant award category I of the recently announced 2009
COPS Justice Assistance Recovery Grant, conceming a comprehensive community based
approach to preventing and reducing crime. The Resident Officer approach would include
concepts such as outreach to youth, community policing, engagement of the community, and
enlistment of community involvement. The grant is for a two year period. According to grant
rules, the anticipated start date for the project should begin on or after July 31, 2009, with no
additional funding anticipated after the 24 month period.
Tentative Bud~et Worksheet for Northside Officer Grant
1. Officer
Salary for year
Benefits
a. social security
b. medicare
c. health insurance
d. life insurance
e. retirement
f. workmans comp
g. cleaning allowance
1 yr sub total benefits
Median Range at $24.98/hr
$51,958
$3,221
$753
$9,971
$83
$8,002
$888
$241
$23,159
1 yr sub total salary/benefits
$75,117
2 yrs total salary/benefits
$150,234
2. Overtime (2 years)
$18,000
3. Uniforms and Equipment
$3,200
4. Car
Car
Emergency Equipment
Total car
$22,276
$5,309
$27,585
5. Police Bike
$1,250
6. House for resident officer
house
land
Total
1370sqft
$100,000
$10,000
$110,000
7. Utilities
$7,200
8. Promotional Materiall Suppliesl Postage
$12,500
9. Community Events (National Night Out, BBQ's, Open House)
$4,500
Total Cost for 2 Years:
$334,469
c
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: ADril 27. 2009
Requested By: n T ,sulll
Bud2et
Source of Funds:
Department:
Fire Deputmellt
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
Report: X Resolution:
Ordinance:
Exhibits: Power Point Presentation
Exhibits:
Exhibits
SUMMARY & RECOMMENDATION
The Fire Department, Fire Marshall, and EMS will give their annual update to Council
Council A enda
Date
."
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