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HomeMy WebLinkAbout2009-04-13 Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council 5 ...----. A -~- 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. ~ --- Ma 0 ton E. orter ~ B REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: And127, 2009 I ( Requested By: Tim Tietit~ns \ . \ 'V'V....... "..1 I.. ~;'I ~~. 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 1 {lL~ 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. ....> I"~ '.-~ 1'~ -.:.::::->0/,i.-Y/ .~ . 2 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 , PASSED AN D APPROVED THIS ;;IffDA y O~ 2009. CITY OF LA PORTE By: ~~~~ Alton P0l1er, Mayor ATTEST: ~~m Mm1ha Gillett, City Secretary APPROVED ~. : ~U/. . Knox W. Aski~lS, City Attorney 78 332 103 -------,------- EXHIBIT nAn TO ORD. NO. 2009- W BARBOURS CUT BLVD r.------.-.----"..o...---..-..-..-,..-~---.--- l- v) :r: I- ------------ t{) Z 1 4 PROP. CLOSING OF ALLEY IN BLOCK 331, TOWN OF LA PORTE l- v) :r: I- ... :.; 4 .tl:-~I "~~J 330 -----105 w_____~ ~ SAC-2008-041__ II EXHIBIT 2 - AREA MAP ! I '~ '_' -I; , '. .. \., $ W BARBOURS CUT BLVD - / I ..:: .... :110 > . - I- CI'J ::t I- It) Z I- CI'J ::t '"""I- (0 Z LOCATION OF ALLEY IN BLOCK 331, LP (ESMTS TO BE RETAINED) ...-", 102 N e' W~ /~E II!\> >, I S c REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: April 27, 2009 Requested By: Tim Tietiens/ I ", !:,J\i-~. · , ,ji"'P ~J-"- 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 ~t EXHIBIT "A" ~~'\~I\rl!~\~\ ~.\J S',}I~\~ ;;!~L~4-~J~\~!, ! . ;--';,' ""11i31'\lh3ll e.\, ~,\ ',=1, '. I-- I I ,-"' '.___ ~/:-",.:f~[Y-~33rf1~:-'--'-' , ' . , I j_-'- ./.,', v,,,,, . \ , \,~I )....jC , \ _~~-,,~;~~::~""r,=r~:sl:~\ ~,\-"\-, \:~\~~t~\'~~<S~;~"'~~-1 I - ' ".\ _1,.1 -,\-''''' . -.' \, ....... ,,'-; ";: '\.: ~.,I.,~~~" ~\'13!"~\."):';'~~~.~3;':~;J\:.:t.;c;s\~; ., ". "~":'--;-"-"\~~l~,.,~", '11";,0',"" --"\"';~':~';'I~,;,~,':.,II I,. '~~ :<:,I~\~! d . "c I ~'^ $ /\" \ '. ~. ':.., ell.' ,'.' , ,,<," .-L~~ __ [~l2 \ \,,:{'r'~;///\ ,:\ \ ~\ t' iSg\;':ii~:\3li I'il' I ...:.~.~>':.'_,',:~.~','.~s.~"~~;=-~\~'\- ----.1 """"':-'::1::/;,);'1.:;1:::,(\ \ \n~, · \=I"""'r~\ ' I, " ,C,'_ ' " <,~~-'t-I~~-iit:N~: . ;,.cllif:~,~~~.c".,'-,~~,,~,~;..,.;,.;,.~,,~!\ 'i~."\.!~_~",_'.L \ _ S\l\1j'jJ:21~~__. ,,' "-.,----c..~~I.::F. I .._.. ""T~\ :=', ;,', ' ~~, 1_..__'I,........'\iilI~IiII'. -- ..' ~;:, 1 =.1 '--II I:' : 3:""- ~ 'I . '-~) ~rgl s' ~ d, :; , 0_~ .-,f-.;:; i ~l ~;:!; 8' ..,.. t'1 . '/')'> <>;< -=1 N ~ , ~ '( . I. \',? '-C lz .J: ~ , ~ ~ :~3~1:~,J;~~'~:-i- ~: ___I w' .--,,~,~~ <( ;: , a.~ ,'- lLIo I U> " 1:::~i21"l : , ~, ~ a"..f.NU ~A/4 " -' ------ " ~" )'-z'r --./') \ 1 _JIII-- /~(/.. . ..' , ,I " " ,I I' .' " I' ,I " ..-----1- " " " I. '. I, , ,,~I- .' .' " .' " " " ,I " " ., " >-.!. a .....-:r:::........ . .. * ... .' > __'-23.""1.._, . 1i:\ ....-..,--.. ~ : 1 I ~=JL~ in --- , LIJ CITY OF LA PORTE, TEXAS PIPELINE PERMIT ApPLICATION ..... ............... ..... ......... .....INFORMATION ON OWNER AND ApPLICANT ................................. ............ Phone and Fax Company Company Person Submitting Title of Person Submitting Application: /. '\ I 'I;' I /fi ,Ii Phone and Fax Number: . . ' 'J' ~. / / I " I", I , l,i/iLI! 'I' Email:, \ , ,it i\,,! ji' , li.<< .' " j I I, Acting for Owner Principal Contact for Submittal Information: "1 'f j<' 'J Title of Principal Contact: Phone and Fax Number: , i t! /'" )':;' '-lJ.~f i J ' I H', . i ,,,' 'I C""_ . \ .(",__- _.' ,i, ',:,/'I .Emall: .ll..n llf ("I' '~i ,\nl Jr" f ! \ ..........................INFORMATlON ON TWENTY.FoUR HOUR EMERGENCY CONTACTS.......................... Twenty.Four Hour Emergency Contact: Title of Twenty-Four Hour Emergency Contact: I ./ " ,t '11 Email: Phone and Fax Number: Other Numbers for Emergency Contact (pager, cellular, etc,): Alternate Twenty-Four Hour Emergency Contact" , i f ~- i i ,t :', :~ ,\ :,.-" Title of Alternate Twenty-Four Hour Emergency Contact: Phone and Fax Number: !// t .'.~ f ~ , Email: Other Numbers for Alternate Contact (pager, cellular, etc,): . ..... ... ... .... ...... ........ .... ...... ... ...BASIC INFORMATION ON PiPELINE............... ................ ................... Size in Diameter: Commodity(s): Origin Point " .A ' i i Destination Point: il" , J,' -~ /(-<: f r i 1 ,,1,,1 --} I . 1 I l , -1/ Normal Operating Pressure: Maximum Operating Pressure: i, / ' Maximum Allowable Temperature (if applicable): ~.ev7' z.... 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 ~ ~;.:~f'_.:.'~tII\'" lit: - AREA MAP ,~ , ~~ t; r..:- :1 L . l~ , . c N f),' W'--' E . , . , II I:' (I il; l' i lit" ;" ):~ II ~a::11 I~:: ,<(il ~III ~i.1 ,I' .... II , I' jI, II .~j'.' . II ." l ,,':'ilt! ".r "II 1[, ,':::.1, I' 1, i~. All} 'I' ~!:.- '/. Ii ,L . I.', i&..I!(,; ,: ',,' 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 f' ,l. ",- - .;' 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 ...... l!! ::J ,2' u. '" Cl Cl .... Z o j:: !Ii ;:) en z o u 0: W ... ~ 8 ~. 0 u': ~ w.., 18. o~ l<l '" 8 0 0 I'- J >.: ,..: . 010 I'- Z <'{ I'- I'- ,..: I 0> 08 8 I'- ... &{~ U 0 8~ 88 00> '. 0.. r--:'ai w 'ot ~ lJ) ~I'- ..~ ~ ;: 88 00> (!) l!fr:: :l ..: 1'-0 o~ / ~~ 88 ~ I 5~!:f -, \t). N~ i~ ~~ Z ~I'- :l ..., ... ~ ..o~ ~ :: 8 g ~ o:5uo) ~ ~ ~ ::;: ~~ \ 8. ~ ~ I 0: ~<<i ~ ...10 - 0> ::~ 0: ~~ ..: (bN ::;: or-:.}:!: .., - ~g ro ~g ~ w @r--' LL "<~ ~,,; ~O> ~8 ~ ~~ I'- - :: Ol 0 0 8 8 8 8 8 0 ~ 0 8 0 ~ ~ g 0 0 g g g g 8 8 ~ 0 0 0 g ~ 0 ~ ~ ~ ~ 0> .... III III 1016 1 ~ i Ol o o N 2 ro "8- :J c: ro 0:: c: .Q ~ l/l c: o <.) 2 ro ~ o 8 o o o o ~ 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 () w Cl 6 z I- () 0 0- W en (!) III Q) O'l ::> Cij 0 <( en 0 .... N * I ~ Q) $ - ell 0 ..J , "'0 ll. ::> a. '"") => cu .J "0 C T"" - ~ ell ~ C1l :J 0:: Cl Z "0 C ::J cu ::> e C) VI '"") 0- 0 u: +:; ::J I.... ell ... ~ 2: $ Q) cu i VI 3: c 0 co () c .... c $ N ell a::: s: 0- <( a::: ~ co w u. 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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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Ql = o 'Q C III >. g ~ '0 'C C. ~ ~ 15 "" CIl E ~ 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 N W$E S o 0:: (j ~ 0:: j-,. CI) x C/) :z , 0.~()RT_~ fWY - __SH~- . . ----.. SR 22'5--" E SH 146 FWY \ H__.) I ICD i:<o:;t ~ _ ___._ :c ,CI) z ~@ z CIJ :c ~ .I'- m FAI RLANE -~- j-,. (() ~ ~CJ1J z '" ~ X C/) UJ ~ .I'- m I, 1__ 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.) 752 _J ~ I ~ __I en i i I ! I 15B I WBST 1 76j I S. 300' of ALLEY, BLOCK 754 (16' x 300' = 4,800 SQ. FT.) II ! I II I 1 I ! 1\'--' 16f I[ II ! I. I ! . i 'I I I I I Z5~L. .... V) :x: ~ 1-.' I ! I 7~~ II , I I ' I : I i : I 4 t\ lsl/\ I '<l57 : s I 722 .... e/) :x: ~ ~ e/) 755 l ["-- 758 EXHIBIT 2 - AREA MAP PROPOSED CLOSING OF SOUTH 15TH ST. ..'" ' , ,J." '.. ,*11_ ~ .I, i ,.., ~ . ,'r WAST ill -1 .._ .J ~.""'1: = "'! : _ 'z .., .. ... ,..,~. ". ~"..' :'- ~... '" .. . " I .~.' ~ _b..- Mil'::: !'l. : ., -J ..." 'i "':1 , ,.- -".- '-. Pi .., '" li_ "" .. .. ""'~ . ._ ~_>.... \l:ii*:t':~ ..... ,_ N · '. " Jwf)E: "" _.-..A J.....-, S .~ ... .. W MAIN ST ~ ~ .~ J....t.....- ""III.. .I'l1I1II' ". _. .-!tI&U. . --- -o.t.~'''''4M __ " m. ., Il' . .. ~-, l- I/) ::c I- co, -"- - , ... :t - l - :;JJ' ... 1 f -' """.' . ~ - ~ . \- ." J,i.." - ...--.. ....,af~~ "" __._1"~.J' '" "t 1;: r', ,r !!-" 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 ." -- ...., CD "'U 0 n ..., CD en CD CD ~. ::J ~ ....... OJ ....... "'"C o. ::J ....... Q) 0 0 (") 0 ...., c: HI ::J r-+ ("') -. 3 ~ CD ~ :J ~ r-+ 0 ~ r-t rD . . ~ ~ ~ ~ .... . ~. ~ ~ . = ~ . "(Ij ~ ~ .... ~ Cl ~. ~ 0 ~ 1-1 ~. ro 1-1 3 = = ~ ro ~ r.n ro ~ Z 1-1 1-1 ~ ~ ~ ~ Cfq Q ~ ro ~ ro ~ ~ ~ ~ B. 1-1 ~ r-t- ro 0 en. ~. en. ~ 0 en. ~ ~ ~ ~. ~ ~ I 0 (D "(Ij ~ ~ ~ "(Ij (l ~. I ~ I ...... ~ ~. u ~ ~ ...... ~ 0 r.n a: (l ~ (D ~ (D ~ ~. .... 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