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HomeMy WebLinkAbout2009-05-18 Special Called Regular Meeting and Workshop of La Porte City Council minutes MINUTES OF A SPECIAL CALLED REGULAR MEETING AND WORKSHOP OF THE LA PORTE CITY COUNCIL MAY 18,2009 1. Call to order The meeting was called to order by Mayor Porter at 6:11 p.m. Members of City Council Present: Mayor Alton Porter, Mayor Barry Beasley, Mayor Pro-Tem Mike Clausen, Council members Tommy Moser, Mike Mosteit, Georgia Malone, Louis Rigby, Daryl Leonard, Chuck Engelken, and Howard Ebow. Members of Council absent: John Black Members of City Executive Staff and City Employees Present: City Manager's Office: Ron Bottoms, John Joerns, Melisa Lanclos City Secretary's Office: Martha Gillett, Robin Eldridge, Bonnie Garrison Public Works: Steve Gillett Planning: Tim Tietjens Police Department: Chief Ken Adcox, Matt Novosad, Matt Deaumer, Sherman Moore Human Resources: Heather Weger GIS: Isaac Rodriguez, Brian Sterling Fire Department: Mike Boaze, Donald Ladd Purchasing: Susan Kelley Emergency Management: Kristen Gauthier Economic Development Coordinator Debbie Westbeld Finance: Michael Dolby City Attorney: Knox Askins Others Present: Adam Yanelli of Bayshore Sun, Terry Beasely, Brandon and Brent Beasley, Dottie Kaminski, Mark Follis, David Janda, Mr. and Mrs. Belgau, Barbara Norwine, Ted Powell, Kathryn Aguilar, Phillip & Debra Hoot, Leonard Zlomke and a number of other citizens. 2. Mayor Porter gave the invocation in the absence of Dan Chappel. 3. Mayor Porter led the Pledge of Allegiance. 4. Presentations/ Proclamations 5. Council to consider approval or other action regarding an ordinance declaring the results of the General Election held in the City of La Porte on May 9, 2009, for the election of a Mayor, Councilperson District 2, and Councilperson District 3 - (Ord. 3146) - C. Askins Minutes of Special Called Regular Meeting and Workshop of the La Porte City Council held on May 18, 2009 Page 2 Assistant City Attorney Clark Askins presented summary and recommendations and answered Councils' questions. Assistant City Attorney Clark Askins read Ordinance 3146, AN ORDINANCE DECLARING THE RESULTS OF THE ELECTION HELD IN THE CITY OF LA PORTE ON MAY 9, 2009, FOR THE ELECTION OF A MAYOR, COUNCILPERSON DISTRICT 2, AND COUNCILPERSON DISTRICT 3, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Mosteit to approve Ordinance 3146 as presented by Mr. Askins. Councilmember Ebow second. The motion carried. Ayes: Mosteit, Engelken, Ebow, Malone, Moser, Rigby, Clausen and Porter Nays: None Abstain: None Absent: Black 6. Presiding Judge Denise Mitrano administered Oaths of Office to the newly appointed Mayor Barry Beasley, District 2 Councilmember Chuck Engelken and District 3 Councilmember Daryl Leonard. 7. Mayor Beasley presented an Appreciation Plaque to Mayor Porter for his dedicated service during the terms of office he held. 8. Mayor Beasley presented an Appreciation Plaque to Councilmember Ebow for his dedicated service during the terms of office he held. 9. Consent Agenda - Any item may be removed by a Councilperson for discussion A. Council to consider approval or other action regarding a Hazardous Materials Emergency Preparedness (HMEP) Planning Grant - J. Suggs B. Council to consider approval or other action authorizing the City Manager to execute an agreement between the City of La Porte and La Porte Main Properties, Inc. to facilitate the sale of up to four homes in the Northside Neighborhood Program, and appropriating a sum of up to $19,700.00 for said purpose (Ord. 3147) - 1. Tietjens C. Council to consider approval or other action authorizing a contract for material testing, authorizing the expenditure of excess funds budgeted for street maintenance purposes, for the City-Wide Asphalt Overlay Project - S. Gillett Motion was made by Councilmember Clausen to approve the consent agenda as presented. Councilmember Engelken second. Motion carried. Ayes: Mosteit, Engelken, Leonard, Malone, Moser, Rigby, Clausen and Beasley Nays: None Minutes of Special Called Regular Meeting and Workshop of the La Porte City Council held on May 18, 2009 Page 3 Abstain: None Absent: Black 10. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council on any item posted on the agenda (Limited to five minutes) Debra Hoot, 927 Sea breeze - did not wish to speak but noted for the record she is against item 12 on the agenda. Philip Hoot, 927 Seabreeze - advised council he is against item 12 on the agenda. Leonard Zlomke, 11209 S. Lobit - advised council he is against item 12 on the agenda, and wishes to save the Pavilion. Kathyn Aguilar, 311 Fondren - advised council she is opposed to item 12. Provided pictures to Council of Pavilion years ago (Exhibit A), and would like to see Pavilion restored and not destroyed. 11. Council to consider approval or other action of the purchase of Christmas Lights and decorations for Fairmont Parkway, City Hall, Broadway and Main Street, not to exceed $75,000 - R. Bottoms City Manager Ron Bottoms presented summary and recommendation and answered Councils' questions. Motion was made by Councilmember Mosteit to approve the purchase of Christmas Lights and decorations for Fairmont Parkway, City Hall, Broadway and Main Street as presented by Mr. Bottoms. Councilmember Malone second. Motion carried. Ayes: Mosteit, Engelken, Leonard, Malone, Moser, Rigby, Clausen and Beasley Nays: None Abstain: None Absent: Black 12. Council to consider approval or other action regarding approval of a professional service agreement with Clark Condon and Associates for Sylvan Beach Pavilion Conceptual Design, for $35,000.00, reimbursement expenses of $5,000.00 and approving a budget amendment in the amount of $40,000.- R. Bottoms City Manager Ron Bottoms presented summary and recommendation and answered Councils' questions. Councilmember Rigby, Moser, and Clausen raised questions. Motion was made by Council member Mosteit to approve the agreement with Clark Condon and Associates as presented by Mr. Bottoms. Councilmember Clausen second. There was a tie vote. The motion failed. Minutes of Special Called Regular Meeting and Workshop of the La Porte City Council held on May 18, 2009 Page 4 Ayes: Mosteit, Engelken, Clausen and Beasley Nays: Rigby, Moser, Malone and Leonard Abstain: None Absent: Black 13. Council to consider approval or other action regarding an ordinance appointing a member of the City Council to serve as Mayor Pro-Tem of the City of La Porte, for a term running from June 1,2009 to May 31,2010 (Ord. 3148) - Mayor Beasley Mayor Beasley presented the summary and recommendation and answered Councils' questions. Assistant City Attorney Clark Askins read Ordinance 3148, AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO-TEM OF THE CITY OF LA PORTE, FOR THE TERM COMMENCING JUNE 1, 2009 AND EXPIRING MAY 31, 2010, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Clausen to nominate Georgia Malone as Mayor Pro- Tem and to approve Ordinance 3148 as presented. Councilmember Engelken second. Motion carried Ayes: Mosteit, Engelken, Leonard, Malone, Moser, Rigby, Clausen and Beasley Nays: None Abstain: None Absent: Black 14. Mayor Beasley closed Regular Meeting and opened Workshop Meeting at 6:50 p.m. A. Chief of Police Ken Adcox discussed School Resource DAR.E. Officer Program The consensus of City Council was to move forward. 15. Mayor Beasley closed the Workshop Meeting and reconvened the Regular Meeting at 7:03 p.m. 16. Receive Report from the Drainage and Flooding Committee - Councilmember Mosteit Board Chairperson Mosteit provided a report from the Drainage and Flooding Committee. Planning Director Tim Tietjens provided staff report (Exhibit B). 17. City Manager Ron Bottoms provided Administrative Reports for the following: May 25, 2009 - Memorial Day Holiday Minutes of Special Called Regular Meeting and Workshop of the La Porte City Council held on May 18, 2009 Page 5 June 1, 2009 - La Porte Development Board Meeting - 6:00 p.m. June 8, 2009 - City Council Meeting - 6:00 p.m. June 9, 2009 - Hurricane Workshop - Pasadena Convention Center - 5:30 p.m. June 19, 2009 - Northside Baseball Field Naming Dedication - 6:00 p.m. June 20, 2009 - City Council Meeting - 6:00 p.m. June 20, 2009 - Juneteenth Coffee - Jennie Riley Center - 8:30 a.m. June 22, 2009 - Juneteenth Parade - North 8th and Main Street - 10:00 a.m. 18. Council Comments - Malone, Leonard, Engelken, Mosteit, Clausen, Rigby, Moser and Beasley A. Matters appearing on agenda 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 Council retired to Executive Session at 7:14 p.m. Council returned to the table at 8:52 p.m. with no action taken in Executive Session. Council reconvened the Regular Meeting at 8:53 p.m. 20. Considerations and possible action on items considered in Executive Session. Mayor Beasley noted there was no action taken in Executive Session. 21. Adjournment Minutes of Special Called Regular Meeting and Workshop of the La Porte City Council held on May 18, 2009 Page 6 Being no further business, the meeting was duly adjourned at 8:54 p.m. Respectfully submitted, -mattit1-~ Martha Gillett, TRMC, CMC City Secretary Passed and approved on this ~y of June 2009. Mayor Barry Beasl CiJ e~;bJ-B FLOODING AND DRAINAGE COMMITTEE MEETING STAFF REPORT UPDATE MAY 18, 2009 1) Status of Residential Buyout Harris County Flood Control District (HCFCD) secured a federal grant to operate a buyout program and assist up to 42 homeowners in LaPorte who experience repetitive flooding. Using FEMAs Pre-Disaster Mitigation (PDM) program, grant funds have been allocated on a 75%-25% match basis with HCFCD providing the 25% match. Participation in the program is voluntary for eligible homeowners. The property is purchased by HCFCD for fair market value, and a restriction is placed upon the property to prohibit any building construction thereafter. After demolition of site improvements, the property is graded to drain properly. Any previous sidewalks remain or are reconstructed. After acquisition, the property is owned and maintained by HCFCD or a public agency, and can be used for open space, drainage, detention, or other park purposes. Through a specific agreement process, HCFCD may consider use of the property by a community association. The program included 42 homes, 35 of which are in the Brookglen area (See map attached as exhibit 1). At this time, 9 demolition permits have been issued in Brookglen (Beginning January 2009 to May 2009). 6 homes have been removed with lots regraded. 2) Status of 12 drainage projects In the City Wide Drainage Study conducted by Klotz & Associates, twelve proposed drainage improvement projects, overflow relief swales in combination with outfall and inlet improvements, were identified for relatively quick implementation by the city. Of these twelve projects, the City of La Porte was to design in-house seven of the projects with the remaining five being outsourced. At this time, Planning Department staff has completed the design of six of the seven in-house projects and Public works has constructed three. Public Works has augmented the cleaning the ditches before hurricane season, especially in areas along Galveston Bay. Once these areas have been addressed the Public Works will construct two additional completed designs. The seventh design to be engineered in house will be completed June 1, 2009. (Attached is the matrix of the seven projects as exhibit 2) The other design projects are being outsourced with Klotz and Associates, of which two construction contracts have been awarded. 3) Broadway to Bay Drainage Plan Portions of the bayfront area, south of Little Cedar Bayou have historically developed with drainage systems flowing away from Galveston Bay towards Taylor Bayou. The design of those systems in what is now LaPorte, was most likely due to a gradual ridgeline that occurs between Taylor Bayou and the bay, very near the shoreline. The city is developing a plan to reverse the historical flow from the Broadway area to drain directly to the Bay. This will not only reduce flooding in the Broadway area by providing several more direct flow routes, but will also reduce the amount of water volume flowing to Taylor Bayou. This will be done through both underground systems and overland flow depending on the facilities in which the improvement would occur. A map has been generated of all viable rights of way, utility easements and other linear access ways (copy attached as exhibit 3). Acquisition of some easements will be necessary. Staff is analyzing which routes will be most effective in terms of location perpendicular to the bayfront, size of right of way or easement, conflicting infrastructure and cost/necessity to install or rebuild certain facilities. It is anticipated that preliminary engineering could be done in-house for most of these projects. 4) Rain Events of April 18 and 24, 2009 April 18, 2009 Rain Event (3 hour period) 7.23 inches near UH-Clear Lake 6.75 inches in Shoreacres 5.28 inches in Baytown The above totals exceed or closely exceed the 100-year event. April 24, 2009 rain event (2-hour period) 7.05 inches near UH-Clear Lake 6.93 inches in Shoreacres 5.15 inches in Baytown All of the above totals for the rain event for April 24, 2009 exceeds the 100-year event. Overall, the La Porte area within a one week period received almost 16" of rain which accounts to almost 35 percent of the area's yearly rain total. A listing of flood and damage complaints is attached hereto as exhibit 4. 5) Media Coverage of LaPorte Ordinances In addition to the various drainage maintenance and design projects that are planned or ongoing, the Flooding and Drainage Committee requested that the public be notified of those drainage related policies and ordinances of the city to which the citizenry can participate or has responsibility. A front page article was printed in the Bayshore Sun on May 6, 2009 (article is attached as exhibit 5). The intent was to make the citizens aware of the actions they can take to help the drainage system perform as designed, and to identify those individual actions that may contribute to flood conditions in their neighborhood. The most effective way to avoiding flooding is to ensure a strong partnership with all parties, individually and collectively doing their part. It is anticipated that a blurb in the water bill could be added/rotated each month. 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CIl 0 CIl CIl 0 .. ~ 0:: "E"E ~.::s:..::s:. .g.g ~alal ICIla>a>COOO L..c::5:50:s::s::s: CIl '0: CIl CIl E 0 0 0 g> L.. a> a> .- .- .- .- (J)>SSSSSS .c ...... :J 0 (J) ..- N 00 ('I) CO I"- 0) 0) 0 ..- ('I) 0 N ..- o ..- l"- N ..- ..- ..- I"- 0) 00 ('I) ('I) 0 ..- Iron Nult Junior High :he year ; from La Porte h and Sharon Nutt IXJunior High. school teachers s teachers of the .arilyn Smith from .chool and Julie Cl La Pqrte High Officials ask for residents' help with drainage By ADAM YANELLI Adam@bayshoresun.com While city officials insist they are not shucking the blame. for drainage and flooding issues in the Bayshore, they are asking residents to remember certain ordinances designed to help all system perform to the highest capability. La Porte Director of PlawlliJg Tim Tietjens said last week that there are four specific areas in which the public can help. 'The city has its responsibility, but the public does as well," he said. "Our systems are only as good at its functions as the city and public work together to m~ them go." As an example, Tietjens said it only takes one citizen to cut branches off of a tree or leave a trash bag unsealed outside near a drainage ditch to stop things up. "It's a partnership where all. parties need to work together and do their part to make things go smoothly," he stressed. 'There are mainly four areas where we really need help from the public." Tietjens first pointed out the "No Wake" ordinance. This ordinance was passed after a recommendation from the city's Flooding and Drainage Committee. It establishes a Class C misdemeanor for anyone traversing a flooded street, except under rescue conditions or when protecting public safety, at such speed that a wake would be created and cause damage to a home or property. The law went into effect in January 2008. "We want the public to know that there is a mechanism," Tietjens said. "If you have identified someone causing a wake, please report it so the city can pursue it. The second item concerns an ordinance on the books since 1972. It says that residents should refrain from depositing on streets, sidewalks or other public property things that might cause flooding if swept down a storm sewer or drainage channel. Tietjens said this 'would include clippings from landscaping as well as trash bags or other debris. "All it takes is one plastic trash bag being swept down a storm sewer to get a 100 percent blockage," Tietjens said. 'There are things you can do. If you See 'Drainage' page 7A The Bayshore Sun Wednesday. May 6. 2009 :~~f:i)RAINAGE :::;'Continued from page lA ~. . ::~:'see a neighbor blowing grass >:. clippings down a drain, use it .;-: as a teachable moment. Then, : ;;~\if they still don~.t listen, call the ::.;;, city." ~ i >:' Tietjens explained that :;-: landscaping clippings become. ;:;,mulch when it d~sintegrates >:' in a storm sewer otdrainage ';'.":channel. J I' ":":";'''';''; :;~: The third item is the city's fill :;,:;. dirt policy. It basically says that >:"one resident cannot create an ):;'adverse draipage effect on his .;~: or her neighbor after adding fill : ~:: dirt to their property. :;~,. "We must maintain a net" .:.; zero effect," Tietjens said. :~;: "Neighbors on both sides of >>:a swale are required to keep :~;;:their swales clean. They must ';".:maintain a side lot line on their :.::: side of the property." :.;.: He said' that anyone with :::::questions on a fill dirt issue can .;.; visit,th~ Planning Department at :::;City liiiU and speak with a city :-'::1 engin~er. i.. ,;.: The f6urth item deals with the ::::city'sichai1nel~ysterns. ., ;.:' "Policy says that a property : :,: : owner is responsible for mowing ';:-:'and i.c1eaning out the roadside : ::~'.dit~~es in front of and alongside , ._'the~ property. :::: "Even though that right of ':-' way is owned by the city, the :.;. resident enjoys the benefits :::: of the improved drainage and ,;.: access," Tietjens said. "B.ut it is :;:: important to keep these ditches :-:. clean so our, drainage systems :;:: can work' 'at their high~~t ': -; capacity." . )..~ . . .. ,', : :::: Tietjens addidth~tall)jfthese :-:' are common ordinances in most .;,,;; cities. :,~~:. "We don't want to penalize : · ~people, but we want to make : '? ~sure that what people are doing :;;: isn't adversely affecting others," ~;i~ he S~d. ,~..~ ""i :.b,'":"-"C", ' :~~; · '.' . Got sports qews?:. . I"~f ::~.~ Give Osa c.alrat i .i~ Says6Q~Sun" :1[f%81:.t71;1234 .l_._ EXTRA!EXT ALL THE loCAL NEWS You NEED TO KNow, ONE Low PRICE. .". . -. . Fill out'the jnfOlm~tion belo~aiiin ;m;;r p;ym;rr in the amount of $~2.00 made payable to: The BaySboreSun · 820 S. Eighth Street, La Porte, rexas 77571 281.471.1234 r twe: UST 22 The Bayshore Sun Only U2 for one year's subscription. 52 issues a year Paid subscribm receive their Bayshore Sun by~MC#~ State: Exp. Dale: , .1 Address: I City: Zip: 1 Phone: I Accounl # (if renewing): Credit Card #: I. Slgnallire: L_____ ------- J Exhibit 5 B REQUEST FOR CITY COUNCIL AGENDA ITEM Aopropriation Agenda Date Requested: June ~"7009 //] [1_ , ,,\ /\ / i (.. d~. 1" Requested By: Tim Tietien~ (-, ~,.~\ [IV , JV'-f , " I Department: Plannine: "-.,J Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Report: _Resolution: _Ordinance:_ Amount Requested: N/A Exhibits: 1. Letter of Request 2. Linde Pipeline Application 3. Permit # PT -2009-002 4. Area Map 5. General Pipeline Information A. Chap. 102, Art. IV, LP Code of Ordinances B. "Texas and Pipeline Safety" - RRC Budgeted Item: _YES -X-NO SUMMARY & RECOMMENDATION Linde Gas North America, LLC has filed application with the City to install an 8" hydrogen gas pipeline from its Bayport facility to its La Porte Plant in the Battleground Industrial District. The pipeline will be constructed within an existing pipeline corridor as illustrated on Exhibit 4 of this packet. Crossings will be made at Fairmont Parkway, Spencer Highway, North "0" St., North "H" St., North "L" St., North "P" St., Old La Porte Rd., and S.H. 225. The applicant has identified all existing City utilities at each crossing and will utilize directional drilling to install the pipeline below the City's water and/or sewer lines at each crossing. Each Harris County Flood Control crossing will be constructed at a minimum of 5 feet below the ultimate depth of the channel. The pipeline will operate at a maximum pressure of 1480 PSI, will be tested to a minimum 2220 PSI, and will have minimum yield strength of 52,000 PSI. Staff anticipates no conflicts between construction of the subject pipeline and the City's utilities. Linde Gas North America, LLC's application meets all requirements of the City's Pipeline Transportation Ordinance. The company has submitted all required documentation and fees per the ordinance. Conditional to Linde's permit from the City are the following stipulations: . 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 (Re: Exhibit 3, Item # 3) . Any and all construction materials must be promptly removed upon completion of each crossing so as not to impede stormwater drainage (Re: Exhibit 3, Item #4) . Any fill material resulting from construction shall be removed or be subject to a City Fill Dirt Permit (Re: Exhibit 3, Item #5) The general contractor will provide independent third-party inspection for all aspects of the construction process. Linde staff will oversee all activities of the general contractor and have ultimate responsibility for the quality and integrity of the pipeline. Linde will inspect the pipeline in accordance with applicable DOT and RRC codes and regulations including the following: . Corrosion Control Cathodic Protection Survey will be conducted annually . Atmospheric Corrosion inspection will be conducted every three (3) years . Aerial Patrolling of Surface Condition will be conducted quarterly . Leakage Surveys will be conducted semi-annually . Valve Maintenance will be conducted annually . Training and Manual review will be conducted annually Additionally, as part of Linde's DOT Pipeline Integrity Management Plan, the pipeline will be inspected with an internal inspection tool ("smart pig") at five (5) year intervals. The subject pipeline will be regulated by the Texas Railroad Commission as an Intrastate Pipeline. All design, materials and construction are subject, at a minimum, to the following regulations and codes: . City of La Porte Code of Ordinances - Chapter 102, Article IV - "Pipeline Transportation" . The Department of Transportation ("DOT") Standard CFR Title 49, Part 192: "Transportation of Natural and Other Gas by Pipeline" . National Fire Protection Agency Code (NRPA) Chapter 70 (National Electric Code) . ASME 831.8: "Gas Transmission and Distribution Piping Systems" . U.S. Department of Labor RegUlations: Title 29, CFR 1910 and 1925: "Occupational Safety and Health Standards" . API 1104: "Standard for Welding Pipelines and Related Facilities" 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 Required bv Council: Authorize the Planning Director to execute a Pipeline Permit as requested by Linde Gas North me 'ca, LLC, for installation of an 8" hydrogen gas pipeline within the City of La Porte. Ron Bottoms, City Mauager fib I rPt Date 575 f\llollntain AvenuE' MUlloy Hill NJ 07974 9OfH64-8100 March 18, 2009 Planning Department Mr. Rodney L. Slaton City of La Porte 604 W. Fairmont Parkway La Portc, Texas 77571 281-471-5020 RE: Permit Application package for Linde Gas NOlih America LLC to install one 8" pipeline within the city limits of the City of La Porte, Harris County, Texas. Dear Mr. Slaton: Linde Gas North America LLC, a Delaware limited partnership whose addrcss is 575 Mountain Avenue Murray Hill, NJ 07974, is hereby requesting a pipeline permit. The pipelinc will be used to transpoli hydrogen (MSDS sheet attached) from Linde's BaYPOli facility at the Celanese plant to the Linde La Porte plant. The route through the City of La Porte is shown on the attached map, and described in the pemlit application form. The 8" pipeline will be installed in an existing pipeline corridor or parallel existing pipelines the entire routc. Plan and profiles are attached showing city streets in the City of La Porte that will be crossed. Fairmont Parkway - drawing CA-325] -018 Spencer Hwy -- drawing CA-3251-008 North D Street - drawing CA-325 1-009 H Street - dr'dwing CA-325 1-010 North L Street- drawing CA-325) -011 NOlth P Street - drawing CA-3251-013 The pipe will be 8.625" outside diameter with a 0.277" wall thickness, and will be API 5L X 52 ERW pipe with 14-16 mils thick fusion bond epoxy coating and 25 mils aro coating. The pipeline will operate at a maximum operating pressure of 1480 PSI; will be tested to a minimum 2220 PSI, and have minimum yield strength of 52,000 PSI. Linde, !nc &$<H/e// .1 The pipeline will be regulated by the Texas Railroad Commission as an Intrastate Pipeline. All design, materials and construction will, as a minimum, comply with the following codes, ordinances and standards as applicable: . The Department of TranspOltation ("DOT") Standard CFR Title 49, Pmt 192- "transportation of natural and other gas by pipeline", . National Fire Protection Agency Code (NRP A) Chapter 70 (National Electric Code), . ASME B31.8. "Gas Transmission and Distribution Piping Systems, . U.S. Department of Labor Regulations Title 29, CFR 1910 and 1925, "Occupational Safety and Health Standards", . API 1104, "Standard for Welding Pipelines and Related Facilities". Linde hereby makes this statement, that it agrees to the conditions and obligations set out in ORDINANCE NO. 2004 -- Of the City of La Porte Pipeline Ordinance; Section 1; Article IV. Pipeline TranspOItation, Sec 102-235 Application for Pem1it 3 (j), 3 (k), and 3 (I), and all sections thereof that apply, regardless if said section(s) are specifically mentioned in this letter. The anticipated construction start date is scheduled to begin by lune I, 2009. Also enclosed herewith is a check in the amount of $ 1,000.00 for initial permit fee and the appropriate insurance celtificate. If additional information is required, please contact David Tumbo, at (713) 644-3219 or 713-252-2151. Thank you in advance for your prompt attention to this matter. Sincerely, {firrv. ~tJ. O.~-co1tJ.__._--". t/ Ron D'Avanzo, Project Manager The Linde Group Cc: David Turnbo CITY OF LA PORTE, TEXAS PIPELINE PERMIT ApPLICATION ......... ............ .... ....... .......INFORMA TlON ON OWNER AND ApPLICANT ......... ........................ ............ Company Name: LINDE GAS NORTH AMERICA LLC Company Address: 575 MOUNTAIN AVE., MURRAY HILL, NJ 07974 PH#908-771-6165 Phone and Fax Number: FAX#908-771-1148 Email:ronald.d I avanzo@linde.com Person Submitting Application: DAVID TURNBO Title of Person Submitting Application: RIGHT-OF-WAY AGENT PH#713-644-3219 Phone and Fax Number: FAX# 713-649-0020 Acting for Owner as: PERMIT AGENT Email:dturnbo@gulonline.com Principal Contact for Submitlallnformation: RONALD D I A VANZO Title of Principal Contact PROJECT M.ANAGER PH#908-771-6165 Phone and Fax Number:FAX#908- 771 -11 48 Email:ronald.d.avanzo@linde.com ..........................INFORMATION ON TWENTY.FoUR HOUR EMERGENCY CONTACTS.......................... Twenty-Four Hour Emergency Contact BOB BENISHEK Title ofTwenty-Four Hour Emeroency Contact: SENIOR PIPELINE INSPECTOR, LINDE LA PORTE PH#713-767-4176 PLANT Phone and Fax Number:FAX#71 3-767-4127 Email:bob. benishek@linde.com Other Numbers for Emergency Contact (pager, cellular, etc.): CELL# 71 3 - 3 0 3 - 3 080 Alternate Twenty-Four Hour Emergency Contact: JAKE LEAVINS Title of Alternate Twenty-Four Hour Emergency Contact: SITE MANAGER, LINDE CLEAR LAKE PLANT PH#281-474-3118 EXT.111 Phone and Fax Number:FAX#281 -474-3172 Email: jake .leavins@linde. com Other Numbers for Alternate Contact (pager, cellular, etc.): CELL# 71 3 - 3 0 3 - 0 3 7 4 ... ............ .............. ............ .....BASIC INFORMATION ON PiPELINE............... ................................... Size in Diameter: 8. 6 2 5" O. D . Commodity(s): HYDROGEN GAS Origin Point LINDE'S BAYPORT FACILITY @CELANESE Destination Point LINDE I S LA PORTE PLANT Normal Operating Pressure: 7 1 5 to 8 5 0 PSI G Maximum Operating Pressure: 97 6 PSI G Maximum Allowable Temperature (if applicable): 125 F NOMINAL .c::=:-YHI,l3/-r .z. City of La Porte Planning Department 604 West Fairmont Parkway La Porte, Texas 77571 Phone: (281) 471-5020 - Fax: (281) 470-5005 www.laportetx.gov June 9, 2009 Linde Gas North America, LLC 575 Mountain Avenue MurrayHilI, NJ 07974 Attn.: RonD'Avanzo, Project Manager RE: Pipeline Transportation Permit (PT -2009-002) Dear Mr. D' Avanzo, Your application for a permit to construct an 8" hydrogen gas pipeline within the city limits of La Porte has been approved by La Porte City Council at its June 8, 2009 meeting. You are hereby authorized to begin construction within all regulations set forth in City of La Porte Ordinance 2004-2755: Please note that this permit is issued with the following conditions: 1. Contact the City of La Porte Planning Department at (281) 470-5059 no less than 48 hours prior to commencement of construction. 2. Post copies of Permit at all public right-of-way crossings. 3. Per Sec. 102-235, Item (k) of La Porte's Code of Ordinances (Ord. 2004-2755): "the 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 such pipeline (which shall include lowering or raising the pipeline, as well as casing it, if required) at the Permittee's sole expense, when the City 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 for repositioning location, and such notice shall be mailed certified mail, return receipt requested, to the Permittee as designated in 1he application. The Permittee shall have six (6) months to complete such. repositioning. 4. Any and all construction materials utilized by the pipeline contractor for access across any and all drainage ditches, drainage paths and/or drainage channels shall be promptly removed by the contrdctor upon completion of construction at each crossing. 5. Any fill material resulting from construction shall be removed or be subject to a Fill Permit from the City. 6. Prior to an anticipated major rain event, contractor shall fell10Ve all construction-related materials and/or fill from any drainage way or roadside ditch as to not impede stormwater runoff. ~'r:L Tim Tietj~ ~ Planning Director cc: Finance Department; PT -2009-02 File EXl--ll B IT .~ 10 --C~>--=:I" ~ k ~ tn c W>< .....W a:..... o ~ "-> 4..... ..I~ La. 0 .~ 00 L >U) .....- _a: Oa: CC- ::c z e lll~ ~ c( Cl ~::1'r II 'I ! -.-lj- __Jj I ~~ -1 ~~ !!ll: 11 I!:Z Jf!q 1~::l _.....J :~~-_..-!c-..~~1- \~- \\\~tiq 11 \:1 ~I II 1:: -\ -11- ... ~ ~ 1 II ~5 i :x: 0 !I II ~ ! ~ b ~ ! CHAPTER 102, ARTICLE IV, LA PORTE CODE OF ORDINANCES "PIPELINE TRANSPORTATION" *Editor's note: Ordinance No. 2004-2755, 9 1, adopted July 12, 2004, repealed the former Art. IV, 99102-231--102-237,102-261--102-265, and enacted a new Art. IV as set out herein. The former Art. IV pertained to similar subject matter and derived from Ord. No. 915, 9 1(18-A- 1 )--(18-A-12), 3-6-72. Cross references: Businesses, ch. 22. State law references: Transportation of gas and gas pipeline facilities, safety standards, preemption, Vernon's Ann. Civ. 81. art. 6053-1. Sec. 102-231. Declaration of policy. The city council declares that the policy of the city in the manner of granting to any person the privilege to construct, operate and maintain any pipe or pipeline within the jurisdiction of the city for the purpose of thereby transporting oil, gas, brine or any other liquid or gaseous substance whatsoever shall be stated in this article. The provision of this article shall be administered by the director of planning or his designee. (Ord. No. 2004-2755,91,7-12-04) Sec. 102-232. Definition of terms. All terms used herein shall be taken in their ordinary signification except the following: City shall mean the City of La Porte now incorporated and as hereafter expanded by annexation or consolidation. Commodity shall mean any liquid or gaseous substance or other product capable of being transported through a pipeline and which is, or may become, flammable, toxic or otherwise hazardous to human, animal or plant health and/or life. Director shall mean the director of planning or his designee. Operational boundary shall mean the prime property and location of the offices and operational facilities of a person within the city. The term is not intended to extend to rights-of- way, easements, licenses or privileges owned or utilized by a person incidental to a pipeline and which radiate or depart from such primary property, offices and operational facilities. Permittee shall mean the person to whom a permit is issued under the provisions of this ordinance. Person shall mean an individual, corporation, partnership, association or any other entity, however organized. Pipeline shall mean any pipeline or part thereof, including pipe, valves and any appurtenances thereto, which is used for the transportation of a commodity into, across, under or over the city. "Pipeline" shall include any pipe, valve, appurtenance or portion of any pipeline exHl8/'T .5?'1 crossing the operational boundary of any industry operating, in whole or part, in the city. "Pipeline" shall not include any pipeline, pipe, valve or appurtenance when located entirely on, within or under a person's operational boundary. Relocation shall mean the horizontal or vertical movement of a pipeline. Reposition shall mean the movement of a pipeline when such movement is necessary for the public construction or public improvement: construction, maintenance and improvement of streets, water lines, sanitary sewer lines, storm sewers, ditches and public utilities. (Ord. No. 2004-2755, S 1, 7-12-04) Cross references: Definitions generally, S 1-2. Sec. 102-233. Exemption. This article shall not extend to: (1) Any person now or hereafter providing natural gas service for residential and business use only within the city pursuant to a franchise from the city as a gas distribution utility; (2) Raw or potable water pipelines, valves and appurtenances; or (3) City, county or state agencies for storm drainage or sanitary sewer service pipelines, valves and appurtenances, except industrial wastes transported by pipeline to treatment facilities outside the corporate city limits. (Ord. No. 2004-2755, S 1, 7-12-04) Sec. 102-234. Permit required. No person shall commence the construction, relocation or reposition of a pipeline within the city without a permit being obtained from the city for such pipeline under the terms of this chapter. (Ord. No. 2004-2755, S 1, 7-12-04) Sec. 102-235. Application for permit A person desiring a permit shall submit a written application to the director and concurrently therewith shall pay a non-refundable fee to the city. The application form, which can be obtained from the director, shall be submitted to the director, in duplicate, with the following information contained thereon: (1) The name, business address and telephone number of the pipeline owner and operator; (2) The names, titles and telephone numbers of the following persons: a. The person submitting the information; b. The principal contact for submittal of information; and :2 c. The 24-hour emergency contact (and an alternate 24-hour contact), who 1. Can initiate appropriate actions to respond to a pipeline emergency; 2. Has access to information on the location of the closest shutoff valve to any specific point in the city or its jurisdiction; and 3. Can furnish the common name of the material then being carried by the pipeline. (3) The origin point and destination of the pipeline being constructed, adjusted, relocated, replaced, repositioned or repaired. (4) A description of the commodity(s) to be transported through the pipeline. A copy of the material safety data sheets for the commodity(s) shall be included with the submittal if the owner or operator is required by federal or state law to have material safety data sheets available; (5) The maximum allowable operating pressure on the pipeline as determined according to the U.S. Department of Transportation and State Railroad Commission procedures or the maximum design strength for unregulated pipelines, if applicable; (6) The normal operating pressure range of the pipeline; (7) The maximum allowable temperature under which the substance or product may be pumped or otherwise caused or permitted to flow through any and all of the particular portions of the pipeline, if applicable; (8) Engineering plans, drawings, maps with summarized specifications showing the horizontal pipeline location, the pipeline covering depths and location of shutoff valves within the corporate limits and ET J of the city. The location of shutoff valves must be known in order for emergency responders to clear the area for access to the valves. To the extent that information can be reasonably obtained, drawings shall show the location of other pipelines and utilities that will be crossed or paralleled within five feet; (9) A summary description of the time, location, manner, means and methods of the proposed construction, including but not limited to the following: a. Detailed cross section/profile drawings for all public way crossings if requested by the Director; b. A plan accurately showing the location, course and alignment of the proposed pipeline. including valve locations (existing and proposed), and all public ways in which the proposed pipeline shall be laid, provided that the degree of accuracy shall not be required to exceed the accuracy which can be practicably achieved by using United States Geological Survey (USGS) maps. (10) A statement that the pipeline will comply with the applicable standards required by this article as well as all applicable federal, state and local laws and regulations; and (11) A statement that the 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 such 3 pipeline (which shall include lowering or raising the pipeline, as well as casing it, if required) at the permittee's sole expense, when the city 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 for repositioning location, and such notice shall be mailed certified mail, return receipt requested, to the permittee as designated in the application. The permittee shall have six months to complete such repositioning. (12) A statement that the permittee shall notify the director at least 48 hours prior to performing any scheduled repairs or maintenance on the pipeline. For unscheduled emergency 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. The director expressly reserves the right to require the submission of additional information if the director reasonably deems the information necessary to meet the requirements of this article. Such supplemental information shall be submitted by the permittee to the director within ten days, excluding weekends and city holidays, of the permittee's receipt of the director's written request. While awaiting the requested information, the period in which the city must process the application shall be suspended. (Ord. No. 2004-2755, 9 1, 7-12-04) Sec. 102-236. City council consideration. (a) Within 60 days from the date on which the official application is received at the official address for the director, the director shall advise the applicant whether, based on the director's professional judgment, the contemplated construction, relocation, replacement or reposition is in compliance with this article. If the director does not deem the contemplated construction to be in compliance with this article, the director shall notify the applicant, in writing, of any deficiencies found. (b) After the notice described in subsection (a) of this section is given to the applicant, the director, based upon the assessment of the director and other city personnel, shall report to the city council upon his examination of such application and plans, including such changes in the plans as the applicant may have made upon his suggestion, with his recommendation as to the . granting or denying of the permit application, based upon compliance or noncompliance with this article, at the next regularly scheduled city council meeting for which adequate notice may be given. The director shall in such report and recommendation state whether the proposed course or alignment of the pipeline and depth at which it is proposed to be laid thorough undeveloped or unplatted areas is, to the extent economically feasible, consistent with the probable future development of such areas, location and opening of future streets, and laying of water, sanitary sewer, storm sewer lines, ditches and public utilities incident to such probable future development. (c) After the report and recommendation is made to the city council, the city council shall consider approval or denial of the permit. (Ord. No. 2004-2755, 9 1, 7-12-04) 4 Sec. 102-237. Permits. Upon approval, permits shall be executed in duplicate originals by the director. One duplicate original shall be delivered to the permittee and the other shall be retained by the city. A copy of the permit shall be conspicuously displayed at each point where the pipeline construction, relocation or repositioning intersects any public street, right-of-way, easement or public property within the corporate limits of the city. (Ord. No. 2004-2755, ~ 1, 7-12-04) Sec. 102-238. Permit transference. Permits may be transferred after prior written notice to the director, on a form provided by the director, which notice shall set forth the full name and address of the transferee, the full name and address of the transferee's registered agent or owner (if an unincorporated entity) and an agreement that the transferee shall be bound by all provisions of the application and permit as originally acted upon and granted by the city. The transfer application shall be signed by an authorized officer, owner or representative of both the transferor and transferee and shall be accompanied by a non-refundable transfer fee. (Ord. No. 2004-2755, ~ 1,7-12-04) Sec. 102-239. Permit fees. (a) Every permit requested under the terms and conditions of this article, with the exception of those permits necessitated due to a repositioning of a pipeline at the request or required by the city or another governmental entity, shall provide for the payment by the applicant to the city of a non-refundable application fee of $1,000.00 per pipeline. (b) Every permit granted under the terms and conditions of this article shall provide for the payment of an annual fee thereafter in the amount of $800.00 per pipeline per year, payable annually in advance on or before July 1 of each year. (c) Every permit transfer shall be accompanied by a non-refundable transfer fee of $300.00. (Ord. No. 2004-2755, ~ 1,7-12-04) Sec. 102-240. Permit expiration. (a) If construction, relocation or reposition of the pipeline does not commence within one year from the date of the permit, the permit shall be void unless the permittee makes written application for an extension. The city council may grant an extension for one additional year only. (b) Pipelines abandoned after the date of this article shall have their permit voided and shall not thereafter be subject to the terms of this article except as follows: (1) The owner or operator shall report to the director, in writing, the abandonment of a pipeline that has been permitted in accordance with this article. 5 (2) All known abandoned pipelines shall be purged, disconnected from all sources or suppliers of gas, hazardous liquids and chemicals and shall be capped or sealed at each end within the city limits. (Ord. No. 2004-2755, S 1, 7-12-04) Sec. 102-241. Construction requirements. All pipelines shall be constructed in accordance with the following guidelines: (1) All pipelines shall be constructed in accordance with the latest applicable minimum standards, if applicable, established by the United States Department of Transportation, Texas Railroad Commission, or any other entity having regulatory authority over pipeline safety and construction matters. (2) All pipelines shall be buried to specified depths, as follows: a. Pipelines which run under or within 20 feet of any street or streets and/or any proposed street which has been designated on the master plan for the city or the official city map of the city, shall be buried to a depth of at least six feet measured between the top of the pipeline and the natural surface of the ground. b. Pipelines which run under any ditch and/or drainage area or structure shall be buried to a depth of at least five feet measured between the top of the pipeline and the ultimate channel or structure depth. Permittee is responsible for determining the ultimate depths from the appropriate agency and reporting said information with permit application. c. Pipelines for areas not mentioned in a. or b. above shall be buried to a minimum depth of four feet measured between the top of the pipeline and the natural surface of the ground. Provided further, if at any particular point or points the director determines that a greater or lesser depth be required, such permit shall not be granted except upon agreement by the permittee to comply with such depth requirement. (3) All pipelines shall cross public streets, public properties and public rights-of-way as closely as possible to a right (900) angle. (4) All public streets, roads and ways in existence at the time of construction of a pipeline shall be bored under and shall not be cut for the purpose of constructing, relocating or repositioning a pipeline. (5) All pipeline related excavations in any public right-of-way shall be backfilled in a manner satisfactory to the city; and if after once refilling such excavation the earth within the excavated area settles so as to leave a depression, the permittee shall be required to make further necessary fills as ordered by the city. All areas shall be graded and maintained so as to provide drainage of the area. 6 (6) The permittee shall be required to repair all portions of any street across or along and under which pipelines are laid and place the same in as good a state of repair and condition as they were at the time the construction, repair or removal was commenced, such repairs to be to the satisfaction of the city. (7) Upon completion of the pipeline, the permittee shall provide the director with three as-built (or record) drawings of the pipeline, showing the route, distances and shut-off valve locations. These drawings shall be submitted in digital format acceptable to the city. (Ord. No. 2004-2755, S 1, 7-12-04) Sec. 102-242. Pipeline location. (a) Where feasible, a new pipeline shall be located within existing pipeline corridors. The feasibility of locating new pipelines in established corridors in the city shall be considered from the perspective of the pipeline owner or operator, taking into consideration the following: (1) The availability and cost of corridor space; (2) The availability and cost of right-of-way to and from the corridor; (3) Technical, environmental, safety, efficiency and cost issues related to building, operating and maintaining both the portion of the pipeline that would be located in the corridor and the lengths of pipeline required to gain access to and from routing through a corridor; (4) Any delays in right-of-way acquisition or pipeline construction that may result from routing through a corridor; (5) The availability of an alternative right-of-way to the owner or operator; and (6) All other matters that a prudent pipeline owner or operator would consider in selecting the route for a new pipeline. Provided that the owner or operator has considered in good faith the use of existing corridors within the city, the determination of the owner or operator as to the feasibility shall be determinative, unless there is clear and convincing evidence that contradicts the conclusion of the owner or operator. (b) When it is not feasible for a new pipeline to be located within an existing corridor, the pipeline should, to the extent practical: (1) Follow property boundaries of fee parcels or existing easements to avoid unnecessary fragmentation of land and avoid diagonal routes that would create slivers of land between public ways, except if following: a. Manmade or topographical features is in the public interest; b. Boundary lines or existing easements is impractical under the circumstances; c. Boundary lines or existing easements poses safety concerns; or d. Boundary lines or existing easements would not be feasible. (2) Avoid areas of unique recreational or aesthetic importance, environmentally sensitive areas and areas of historical or cultural significance, unless appropriate mitigation measures are undertaken to the satisfaction of the director; and 7 (3) Avoid conflict with existing or planned urban developments as well as the location of planned future streets and laying of planned water, sanitary sewer and storm sewer lines, structures and ditches incident to such future development. (Ord. No. 2004-2755, 9 1, 7-12-04) Sec. 102-243. Liability. A condition of granting any permit shall require the permittee to save the city harmless from liability for injury or damage to any person or person's property caused by the construction, relocation, repositioning, maintenance, operation, repair or removal of any part or all of such pipeline within any public right-of-way or easement; and shall require the permittee to pay to the city all damages caused to the city by construction relocation, repositioning, maintenance, operation, repair or removal of such pipeline or any part thereof. (1) Except in an emergency, the permittee shall notify the director 48 hours before commencing at any time excavation in any portion of any said unpaved or unimproved street, and not wholly close any street, but shall at all times maintain a route of travel along and within such roadway area, to the extent such travel was allowed prior to the excavation. (2) In the event of an emergency, it being evident that immediate action is necessary for the protection of the public and to minimize property damage and loss of investment, permittee may, at its own responsibility and risk make necessary emergency repairs, notifying the city police dispatch of this action as soon as practical, but not later than one hour after commencing repairs or maintenance. (Ord. No. 2004-2755,91,7-12-04) Sec. 102-244. Insurance and bonding requirements. (a) Under this article, a permittee must furnish, prior to any construction, repair, adjustment, relocation, reposition or replacement, and shall further maintain at all times during the life of the permit, commercial general liability insurance for bodily injury and property damage, including explosion, collapse and underground hazard, coverage in the minimum combined single limit amount of $1,000,000.00 as it pertains to all pipelines or other facilities owned by the permittee in the public way in the jurisdiction. Such policy shall name the city, its officers, agents and employees as additional insureds. (b) A certificate of insurance specifying the coverage required in subsection (b) of this section with an insurance company having acceptable insurance rating shall be furnished to the director prior to the issuance of any permit. Such certificates of insurance shall provide that at least 30 days prior written notice for the termination or modification of the required insurance shall be given to the city. (c) In lieu of liability insurance, a permit applicant shall furnish evidence of financial responsibility which demonstrates the applicant's qualifications as a self-insurer. Such evidence may take the form of the most recent corporate financial report which is acceptable to the city council as giving assurance of the applicant's financial ability to comply with the requirements of this section. 8 (Ord. No. 2004-2755, S 1, 7-12-04) Sec. 102-245. Pipeline permit updates. It shall be the responsibility of the permittee to provide, in writing, updated information on the following aspects of each permit: (1) Name and mailing address of the pipeline owner. (2) Name and telephone number of two officers or persons available on a 24-hour basis who can furnish or obtain immediately, information as to the pressure at the point or points of input nearest to the city and the common name of the commodity carried by the pipeline. (3) A description of the commodity(s) being transported through the pipeline. A copy of the material safety data sheets tor the commodity(s) shall be included with the update if the owner or operator is required by federal or state law to have material safety data sheets available. This information will be provided with the annual update or upon transference or any change in ownership. (Ord. No. 2004-2755, S 1, 7-12-04) Sec. 102-246. Pipeline signs. Every pipeline, new or existing, within the corporate limits of the city shall bear at all times, in plain, indelible lettering, signs denoting the ownership of said pipeline, permanently affixed in the pipeline right-of-way where said pipeline rights-of-way cross public streets, public properties or public rights-ot-way. (Ord. No. 2004-2755, S 1, 7-12-04) Sec. 102-247. Penalties. Any violation of any section, subsection or part of this article shall be deemed a misdemeanor and such violation thereof during all or any portion of any day shall be a separate offense and misdemeanor; and upon final conviction, every person, firm, association, corporation or partnership guilty of such violation shall be fined in a sum not more than $2,000.00 per each day of violation. (Ord. No. 2004-2755, S 1,7-12-04) 9 TEXAS AND PIPELINE SAFETY - RAILROAD COMMISSION OF TEXAS Texas has about 270,000 miles of pipeline. Interstate pipelines are under the jurisdiction of the U.S. Department of Transportation, Office of Pipeline Safety. With the exception of production lines and rural gathering lines, intrastate pipelines are under the jurisdiction of the Safety Division of the Railroad Commission. The pipelines regulated by the Safety Division of the Railroad Commission include: . Natural gas distribution and master meter . Natural gas, hazardous liquids, crude oil and sour gas transmission, state offshore and urban gathering lines . Bay and offshore crude oil and natural gas lease/flow lines The Commission became involved in pipeline safety when it issued its first order pertaining to gas pipeline safety, Docket No. 122, on July 27, 1937. The Commission order required that natural gas be odorized for domestic use. The order was prompted by an explosion of unodorized gas that filled a school in New London, Texas on March 18, 1937, that killed 293. Since the federal Pipeline Safety Act was signed into law in 1968, states have been very active in assisting the U.S. Secretary of Transportation to carry out the nation's pipeline safety program. State pipeline safety personnel represent more than 80 percent of the state/federal inspection workforce. (Source: NAPSR, Role of the States 2007) The Railroad Commission maintains more stringent regulations than the federal government, particularly in the areas: . of odorization . new construction notification for all hazardous liquids lines . natural gas and hazardous liquids pipeline projects in excess of one mile . procedures for handling leak complaints . filing of integrity management plans for all pipelines The Pipeline Safety section receives funding from the U.S. Department of Transportation and from a Texas pipeline user fee via the Texas' General Revenue Fund. ~jtI//13I7' 58 INSPECTIONS BY THE RRC On average Railroad Commission inspectors conduct 2,500 inspections per year using a risk based evaluation model. In addition our staff works to investigate accidents and complaints involving pipeline facilities. Pipelines are inspected on a risk-based schedule. Under this schedule, pipelines within the RRC's jurisdiction are inspected every 1 to 5 years while pipelines under federal DOT jurisdiction are inspected every 3 to 7 years. Rural gathering lines are inspected in response to local inquiries or complaints. Additionally, pipeline operators perform routine inspections and assessments of their pipeline systems. OPERATOR INSPECTIONS AND REPORTS Some of the inspections and reports required of operators include: Cathodically protected pipes will be electrically monitored for the proper level of protection at least once each calendar year, but with intervals not exceeding 15 months. When rectifiers are used to provide cathodic protection, they will be inspected six times each calendar year, with intervals not to exceed 2-1/2 months. Cathodic protection helps prevent corrosion in metal pipes. All new construction, replacement, or extensions of underground metallic natural gas and hazardous pipelines are required to be constructed with coated pipe and have a cathodic protection system installed along the entire length of pipe. Regulators and overpressure equipment are required to be inspected by the operator once a year, not to exceed 15 months. These types of equipment are designed to release either natural gas into the atmosphere or hazardous liquids into an above ground tank in the event of overpressurization. An odorization sniff test must be performed every three months and corrected if the odor is weak or not detectable. As part of surveillance and patrolling requirement, every three months the pipeline right- of-way is walked by the operator and observed for factors affecting operation. Pipeline systems at school facilities have to be tested at least once every two years. From: Texas and Pipeline Safety - Railroad Commission of Texas Website (http://vvww.rrc.state. tx. us/commissi oners/wi II jams/pipeline_safety. php ) c REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 8, 2009 R"'Iue'ted BY' "kboel Dolbv, CPA ~ Department: Finance Report: Resolution: Ordinance: xx Exhibits: Ordinance Exhibits: Excerpt from FY 2009 Adopted Budget & Amended Budget (Exhibit A & B) Exhibits: Explanations / Backup for Amendment Source of Funds: N/A Appropriation Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION The City Council adopted the Fiscal Year 2008-09 Budget on August 25,2008. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2008-09 Budget. (*denotes funds with current changes) General Fund Grant Fund Street Maintenance Sales Tax Fund Community Investment Hotel/Motel Occupancy Tax La Porte Development Corporation Tax Increment Reinvestment Zone Utility Sylvan Beach Airport La Porte Area Water Authority Golf Course Motor Pool Insurance Fund Technology Fund General Capital Improvement Utility Capital Improvement Sewer Rehabilitation Capital Improvement 1998 General Obligation Bond Fund 2000 General Obligation Bond Fund 2002 General Obligation Bond Fund 2004 Certificate of Obligation Bond Fund 2005 Certificate of Obligation Bond Fund 2005 General Obligation Bond Fund 2006 Certificate of Obligation Bond Fund 2006 General Obligation Bond Fund 2007 Certificate of Obligation Bond Fund Transportation & Other Infrastructure Fund General Debt Service Utility Debt Service La Porte Area Water Authority Debt Service Total of All Funds Original Budget $ 36,382,175 1,923,528 700,000 386,575 463,749 4,339,685 1,435,775 8,689,854 217,690 23,483 1,005,288 1,324,826 2,640,159 4,575,547 1,255,818 11,177,355 o 350,000 590,195 149,109 1,990 861,883 341,678 73,824 2,212,267 18,021 1,640,317 o 3,345,768 463,850 750,069 $ 87,340,478 Previously Amended Budget $ 37,836,738 7,534,850 738,695 888,525 511,249 4,469,935 1,435,775 9,199,827 217,690 23,483 1,005,288 1,381,614 3,018,851 4,854,761 1,333,448 11,181,965 o 350,000 590,195 149,109 1,990 861,883 341,678 73,824 2,212,267 18,021 1,640,317 o 3,345,768 463,850 750,069 $ 96,431,665 Proposed Amended Budget $ 31,836,738 7,574,405 ,. 738,695 950,725 ,. 511,249 4,469,935 1,435,775 9,199,827 217,690 23,483 1,005,288 1,381,614 3,018,851 4,854,761 1,333,448 11,181,965 o 350,000 590,195 149,109 1,990 861,883 341,678 73,824 2,212,267 18,021 1,640,317 o 3,345,768 463,850 750,069 $ 96,533,420 Action Required bv Council: Adopt Ordinance Amending Fiscal Year 2008-09 Budget for: A. $39,555 in the Grant Fund fOf an agreement with AT&T for the configuration and installation of the phone system and computer network at the Municipal Court Building. The funding will come from the Court Technology Funds. B. $42,500 in the Community Investment Fund for the Ernest Money Contract for the purchase of property at 125 South 3rd Street in La Porte as a site for Fire Station 1. This item was on the May 11 th agenda. 19,700 in the Community Investment Fund for an agreement with La Porte Main Properties, Inc. to rovide certain real estate services to facilitate the sale of up to four homes in the Northside Neighborhood ogram. This item was on the May 18th agenda. ~f~~'1 Date ORDINANCE NO. '-~ 11ft AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1,2008 THROUGH SEPTEMBER 30, 2009; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Charter ofthe City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1, 2008, through September 30,2009, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on July 25, 2008, and a public hearing scheduled for August 25, 2008 was duly advertised and held. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and a summary of which is attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget summary document, attached hereto by reference as Exhibit "B", as the Budget for the said City of La Porte, Texas, for the period of October 1,2008, through September 30,2009. SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and necessary to the adoption of said Budget have been performed as required by charter or statute. SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 4: This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the ~ay of ~ ' 2009. pPffi B ATTEST: ~.I;/AJ ~/V Mart a Giffett, City Secretary A~ r~ CI AskinS, ASSIstant City Attorney EXHIBIT A (ORIGINAL BUDGET) City of La Porte Consolidated Summary of All Funds FY 08-09 FY 08-09 Revenues Expenses Governmental Fund Types: General Fund 33,724,383 36,382,175 Grant Fund 1,923,528 1,923,528 Street Maintenance Sales Tax 786,440 700,000 Community Investment 264,701 386,575 HotellMotel Occupancy Tax 583,575 463,749 Section 4B Sales Tax 1,647,506 4,339,685 Tax Increment Reinvestment 1,519,774 1,435,775 Total Governmental Types 40,449,907 45,631,487 Enterprise: Utility 8,369,944 8,689,854 Sylvan Beach 207,601 217,690 Airport 52,995 23,483 La Porte Area Water Authority 1,226,202 1,005,288 Golf Course 1,202,679 1,324,826 Total Enterprise 11,059,421 11,261,141 Internal Service Motor Pool 2,107,688 2,640,159 Insurance Fund 3,945,027 4,575,547 Technology Fund 948,623 1,255,818 Total Internal Service 7,001,338 8,471,524 Capital Improvement: General 10,684,213 11,177,355 Utility 192,000 Sewer Rehabilitation 304,927 350,000 1998 GO Bond Fund 7,000 590,195 2000 GO Bond Fund 149,109 2002 GO Bond Fund 1,990 2004 C/O Bond Fund 861,883 2005 C/O Bond Fund 1,400 341,678 2005 GO Bond Fund 73,824 2006 C/O Bond Fund 5,000 2,212,267 2006 GO Bond Fund 2,500 18,021 2007 C/O Bond Fund 10,000 1,640,317 Other Infrastmcture 17,282 Total Capital Improvement 11,224,322 17,416,639 Debt Service: General 3,276,016 3,345,768 Utility 104,705 463,850 La Porte Area Water Authority 750,069 750,069 Total Debt Service 4,130,790 4,559,687 Total All Funds 73,865,778 87,340,478 EXHIBIT B (AMENDED BUDGET) City of La Porte Consolidated Summary of All Funds FY 08-09 FY 08-09 Revenues Expenses Govenunental Fund Types: Genera] Fund 33,932,] 14 37,836,738 Grant Fund 7,213,350 7,574,405 Street Maintenance Sales Tax 786,440 738,695 Community Investment 264,70 ] 950,725 Hotel/Mote] Occupancy Tax 583,575 5] ],249 Section 4B Sales Tax ],647,506 4,469,935 Tax Increment Reinvestment ],5]9,774 ],435,775 Total Governmenta] Types 45,947,460 53,5] 7,522 Enterprise: Utility 8,4]6,067 9,199,827 Sylvan Beach 207,601 217,690 Airport 52,995 23,483 La Porte Area Water Authority 1,226,202 1,005,288 Golf Course 1,241,192 1,381,614 Total Enterprise II, 144,057 II ,827,902 Internal Service Motor Pool 2, II 0,144 3,018,851 Insurance Fund 4,188,192 4,854,761 Technology Fund 973,623 1,333,448 Total Internal Service 7,271,959 9,207,060 Capitallmprovernent: General 10,684,213 11,181,965 Utility 655,850 Sewer Rehabilitation 304,927 350,000 ] 998 GO Bond Fund 7,000 590,195 2000 GO Bond Fund 149,109 2002 GO Bond Fund 1,990 2004 C/O Bond Fund 861,883 2005 C/O Bond Fund 1,400 341,678 2005 GO Bond Fund 73,824 2006 C/O Bond Fund 5,000 2,212,267 2006 GO Bond Fund 2,500 18,021 2007 C/O Bond Fund 10,000 1,640,317 Other Infrastructure 17,282 Total Capital Improvement 11,688,172 17,421,249 Debt Service: Genera] 3,276,016 3,345,768 Utility 104,705 463,850 La Porte Area Water Authority 750,069 750,069 Total Debt Service 4,130,790 4,559,687 Total All Funds 80,182,438 96,533,420 :;at&t A Quotation for: NAME: COMPANY: E-MAIL: PHONE#: Product Number CISC028.21 CAB-AC S28NIPB-12403 PWR-2821-51-AC ROUTER-SDM-CD MEM2BOO-256D-JNC MEM2800-<;4CF-1NC ACS-2821-51-STAN CON-SNT-2821 W5-C356OG-48PS-S CAB-l6AWG-AC CON-SNT -3560048S GLC-SX-MM SUA2200RM2U CABLING Installation Coordination Qfi! 2 2 2 4 T,ERl'.lS;:A:H .. ...C'.. ~Net30, payment terms and';;rder acceptance based upon prior credn approval. "Th~ Proposal and Quotation and any purchase made In response to this Proposal and Quotation,are subject to the terms and conditions set forth In the Stete of Texas DIR Contract (Contract # DIR-SDD-233) between the parties, or if no contract exists, the standard AT&T Equipment and Services resale contract "This quotation excludes all applicable taxes and shipping charges " F.O.B.: Orrgln; Prepaid and Add, Standard shipping method is UPS ground unless otherwise specified. James Janoeh City of La Porte DIR.5DD,233 must be referenced on the PO before the order can be processed Product Oeserlotion Router 2821 wi AC PWR.2GE,4HWJCs,3PVDM,1 NME-X,2AIM,IP BASE.64FI256D Power Cord, 11 OV Cisco 2800 IP BASE WIO CRYPTO Cisco 2821151 AC power supply CO for SDM software 258MB DDR DRAM Memory faclory default for the Cisco 2800 64MB CF default for Cisco 2800 Series Cisco 2821151 Standard Accessory Kit SMARTNET 8X5XNBD 2821 wi AC PWR,2FE,4HWI POE Switch Catalyst 3580 481 0/1 0011 OOOT PoE + 4 SFP + IPB Image AC Power cord. 16AWG SMARTNET 8X5XNBD Cat 3560 48 101100/1000T PoE + 4 SF GE SFP. lC connector SX transceiver UPS APC Srnart-UPS 2200VA USB & Serial RM 2U 120V Cabling A T& T is pleased to quole on instaUing a Category 6 cabling infrastructure. There are a total of thirty-eight (38) dualloeatiens with two Cat 6 cables per location and three (3) wall phones; a total 0179 Category 6 cables. AT&TwiD install a l'X12' basket tray for cable support structure in ceiling of the MDF. AT&TwiJJ install a 7' relay floor rack with vertical and horizontal wire management in teiecom room. Rack w~1 be grounded to grounarng bus bar; busbar to be prollided by others. In telecom room. a 200 pair cable will feed from plywood backboard to patch panel. At jail location. AT&T will tie inlo conduit outside of buUding. A 2" condun will run from box outside to telecom room; an estimate of 350'. AT&T will penetrate the existing Jail building to install Conduit to its MDF. AT&T will run a 12MMI12SM hybrid liber cable from new Municipal court to Jail. Fiber wBI be terminated with SC style fiber connectors and landed in fiber enclosures on each end. AT&T will provide 152 Category 6 patch cables for station and closet side. AU copper and fiber terminations wii be certified and labeled to customer and indUStry standards. Work wig be completed during normal working hours {Monday-Friday 7:00- 4,oopm}; all others will incur additional cost Installation SeNices AT&T war configure and install the above equipment at the new coorl building. Coordination QUOTEII: LaPorte-x031209.NewCourt QUOTE DATE: 3112/2009 QUOTE EXPIRATION DATE: 411112009 ACCOUNT EXECUTIVE: Douglas Cook DESIGN ENGINEER: Rick Salazar INSIDE SALES: Rose Bivona List Price Unit Price Extended Price $3.895.00 $2, 181.20 $2,181.20 SO.OO $0.00 $0.00 $0.00 $0.00 SO.OO $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SO.OO $0,00 $525.00 $420.00 $420.00 $9,495.00 $5,317.20 $10,634.40 SO.OO $0.00 $0.00 $813.00 $490.40 $980.80 $500.00 $280.00 $1,120.00 $1,022.00 $1.022.00 $1,022.00 $23,196.00 $23,196.00 $23.196.00 $2,876.00 $100.00 $2.876.00 $100.00 $2.876.00 $100.00 NOTE: 'Please verify your shipment is correct by reviewing the packing list before opening. A 'Return porocies vary by manufacturer and are time sensRive. Please contact your local AT&T representative regarding any return questions or requests. All returns are subject to manufacturer's terms and conditions 'Restocking charges may apply. 'Retum Authorizations are requoled prior to return. For more information about this and options and promotions available trom AT&T, Please call your local AT&T representative. Thank you for the opportunity to present you with our quote To insure prompt expediting of your order, please fax to the following number, FAX 214-576-7771 REQUEST FOR CITY COUNCIL AGENDA ITElVI Agenda D:lte Requested: MllV 11. 2009 Budeet Requested By: Dnna)ff J ,'Hlrl Source of Funds: 036 Delllll'tmcnl: Account Number: 03660615658031 fire Report: Resolution: Ordinance: x Amount Budgeted: Amount Requested:~ Exhibits: Ol'dimlllCe Exhibits: Emest Money Contract Budgeted item: YES NOx Exhihits SUMMARY & RECOMMENDATION The attached ordinance is to approve and authorize an Ernest Money Contmct for the purchase ofproperty by the City of La Porte from J W 0 Campbell, located at 125 South ],,1 Street, La Porte, Harris County, Texas, as a site for Fire Station I. A budget amendment will be accomplished in the future, ~~\ction Required bv Council: Ap~rove ordinance to purchase property. ,p~. ./ ~ , c, , f .,-,~ i Al)ilrov~dJor crty Council Af!enda \ ' ; ""\ \ \', \ j \, ! ){"'\ '. ~ .~ { <".' " .'iJ \A -} ....' ~""'. Rr.nnottoms, City Mannger Onte B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Ma Bud2et Requested By: Source of Funds: Community Investment Department: Planning Account Number: 036-6061-565-5007 Report: Resolution: Ordinance: X Amount Budgeted: Exhibits: Ordinance Amount Requested: $19,700.00 Exhibits: Proposal Budgeted Item: YES NO _X_ Exhibits SUMMARY & RECOMMENDATION With the recent economic downturn in the housing market, four of the five homes constructed with the Northside Neighborhood H.O.M.E. grant remain unsold. The attached proposal from La Porte Main Properties, Inc. outlines services they will provide to market the remaining homes, which include listing the properties through the Multiple Listing Service. Main Properties will market the properties through December 2009, for a commission rate of 5%. One property will be listed for $100,000; three properties will be listed for $98,000 each. Harris County Community Services Department is drafting an amendment to our current agreement that would allow for the City to be reimbursed up to 3% of the Commission fee assessed by Main Properties. Action Required bv Council: Consider authorizing the City Manager to execute an agreement with La Porte Main Properties, Inc. to provide certain real estate services to facilitate the sale of up to four homes in the Northside Neighborhood Program, and appropriating a sum of up to $19,700.00 for said purposes. Approved for City Council Menda Ron Bottoms, City Manager Date c 7 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 8 2009 R.qu",,", By: Tim Tletj... ~ Department: Planning Bud2et Source of Funds: N/A Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION The Complete Count Committee for the 2010 Census will be a team of community leaders appointed by Council for the purpose of developing and implementing a 2010 Census Awareness campaign. The Complete Count Committee is charged with influencing the citizenry to complete the 2010 Census questionnaire in a timely and accurate manner. Early formation of the Complete Count Committee will ensure that local residents are kept abreast of the various Census operations before the information is nationally circulated. members of the Complete Count Committee for the 20 I 0 Census. (, ("3 ~9 Date ORDINANCE NO. 2009-..3/SO AN ORDINANCE APPOINTING MEMBERS OF THE COMPLETE COUNT COMMITTEE (CCC) FOR THE CENSUS 2010; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWi AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CllY COUNCIL OF THE CllY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby appoints the following residents of the City of La Porte to serve on the Complete Count Committee (CCC), for Census 2010: Charlie Perry Vickie Campise Herman Berges T.J. Walker Earl Ehlers Jeanne Zemanek Sherry Lowe Sarah Lindeen Manley Boudreaux Ernest Escobar Mike Cooksley Lou Ann Martin Van H,{ll Paula SweaJ1..ingen MaJ1..ie Meehan SMan Rob~n6on Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code, and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this JIlL- day of 9~ ,2009. CITY OF LA PORTE By: ATTEST: 'tIl1lldo. tJ. AU/u Marth A. Gillett City Secretary APPROVED: ~-r~ Clark T. Askins Assistant City Attorney 8 REQUEST FOR CITY COUNCIL AGENDA ITEM Tim Tietjen Agenda Date Requested: Budl!et Requested By: Source of Funds: N/A Department: Planning Account Number: Report: Resolution: Ordinance: X Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Amendment Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Attached is a second amendment to the City's agreement with Harris County for the Northside Neighborhood Single-Family New Construction Project. This amendment increases the project budget by $11,820 to allow for additional marketing procedures specified in the amendment. The stated amount represents 3% (to be reimbursed to the City from Harris County) of the 5% realtor fees that will be paid to Main Properties, Inc. for facilitating the sale of the remaining homes. Funding for the agreement with Main Properties was established at Council's May lSthmeeting. ORDINANCE NO. 2009-~/S-1 AN ORDINANCE APPROVING AND AUTHORIZING A SECOND AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR THE NORTHSIDE NEIGHBORHOOD SINGLE-FAMILY NEW CONSTRUCTION PROJECT, TO ALLOW FOR ADDITIONAL MARKETING PROCEDURES AND INCREASE IN HOME GRANT FUNDS, FOR SUCH PURPOSE, HAXING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATB HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the city Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The city Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The city Council officially findsl determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 8th day of June, 2009. ATTEST: --1YJ/lu/rtf.l1. /1M Ja~\'ra A.~le~t City Secretary APPROVED: By: 2 � ' 1 . , r 1 . HARRIS COUNTY, TEXAS COMMUNITY SERVICES DEPARTMENT roes Office of Rousing & Community Development David B. Turkel 8410 Lantern point Drive Director Houston, Texas 77054 Daphne Lemelle Tel (713) 5712 -2000 Community Development Director Fax (713) 578-2269 October 5, 2009 County Judge Emmett and Commissioner Lee, Garcia, Radack and Eversole AGENDA LETTER Please consider the following items on the Commissioners Court Agenda for October 13, 2009: • Approval of $40,000.00 in Tax Increment Reinvestment Zone (TIRZ) Affordable Housing Set -Aside Funds to provide additional down payment assistance for eligible homebuyers participating in the City of La Porte's Northside Neighborhood Single - Farnily Housing Project. The subject project is located in the City of La Porte, Harris County, Texas, in Precinct Two. • • Approval of the attached Third Amendment to the Agreement, prepared by the County Attorney, between Harris County and The City of La Porte, for the use of TIRZ funds for the Project. • Authorization for the Auditor's Office to transfer the funds from the TIRZ Affordable Housing Increment Fund, and the Treasurer's Office to release payment to Harris County Community Services Department for disbursement in accordance with the Amendment. Thank you for your assistance with this request. Presented to Commissioner's Court Vote of the Gout � , No Abstain OCT 1 3 20 9 G Judge Emmett Sincerely, APPROVE Comm. Lee . Recor• = Vol Page Comm. Garcia Comm. Radack Comm. Eversole David B. Turkel, Di tor 53 171:13 E10 S VN dW D1iTMtlJcrw/dwisb 1131:W � a nz $ tr L = CADoeuhkads arid .Scttings *ollraULocat Scttings\Temporary Internet FifestiOLIMNorthtide 3rd Amendment Agenda Letter 9- 29-09(2).doc HARRIS COUNTY COMMUNITY SERVICES DEPARTMENT EXECUTIVE SUMMARY THIRD AMENDMENT TO AGREEMENT October 13, 2009 On August 22, 2006, Commissioners Court approved an agreement between Harris County and The City of La Porte utilizing $457,300.00 in HOME Investment Partnership (HOME) Program, funds for the Northside Neighborhood Single - Fancily New Construction Project. The project consists of five (5) single- family homes for low - and very low- income citizens located at 211 North 1 Street, 207 and 216 North 2 thi Street, and 210 and 224 North 6 Street in the City of La Porte, Harris County, Texas, in Precinct Two. On March 4, 2008, Commissioners Court approved the First Amendment to the Agreement to reduce the amount of required match provided by the City of La Porte by $12,500.00 which allowed the City to retain marketing and listing services. On July 14, 2009, Commissioners Court approved the Second Amendment to the Agreement to increase HOME funds in the amount of $11,820.00 for partial funding of closing costs incurred from the sale of the houses for a total of $469,120:00 in HOME funds. The City of La Porte increased their match by $7,880.00 to cover a portion of the closing costs expenses for a total match of $109,705.00. The Harris County Community Services Department (CSD) and The City of La Porte now desire to amend the August 22, 2006 agreement to provide $40,000.00 in Tax Increment Reinvestment Zone (TIRZ) funds for a total Budget of $510,120.00 to provide additional down payment assistance to eligible homebuyers. The use of TIRZ funds is in accordance with the teGuidelines for Expenditure of TIRZ - Generated Affordable Housing Funds" as amended and approved by Commissioners Court on September 14, 2004. CSD requests approval of the following: • Allocation of $40,000.00 grant in TIRZ Affordable Housing Set-Aside Funds to provide additional down payment assistance for eligible homebuyers participating in the City of La Porte's Northside Neighborhood Single- Family Housing Project. The subject project is located in the City of La Porte, Harris County, Texas, in Precinct Two. • Approval of the attached Third Amendment to the Agreement, prepared by the County Attorney, between Harris County and The City of La Porte, for the use of TIRZ funds for the Project. • Auditor's Office to transfer the funds from the TIRZ Affordable Housing Increment Fund, and the Treasurer's Office to release payment to Barris County Community Services Department for disbursement in accordance with the Amendment. • C:1Doeumenta and Sentegstsoltra\i.ocal SettingATempora y'Internet 1;ite OLK991Natheide 3rd Amendment Agenda Letter 4 29.09(2).doe • THIRD AMENDMENT TO AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR THE NORTHSIDE NEIGHBORHOOD SINGLE- FAIVHLY NEW CONSTRUCTION PROJECT RECITALS WHEREAS, HARRIS COUNTY, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as °Grantee,' and the City of La Porte, a Texas body politic and corporate under the laws of the State of Texas, herein called the " Subrecipienf , entered into an Agreement on August 22, 2006 to administer a HOME Investment Partnerships (HOME) Program project in a manner satisfactory to the County and consistent with any standards required as a condition of providing these funds. Such project includes the construction of five (5) single-family houses for very low and low- income families, which is known as the Northside Neighborhood Single - Family New Construction Project (hereinafter, the 'Project,. WHEREAS, on March 4, 20008 the Grantee and the Subreciplent amended said Agreement to revise the budget by reducing the Subrecipient's required matching contribution by an amount of $12,500.00, and WHEREAS, on July 14, 2009 the Grantee and the Subrecipient amended said Agreement to revise the budget by specifying additional marketing procedures to be implemented and increase HOME funds in the amount of $11,820.00 to cover a portion of closing cost expenses incurred from the sales of the houses, and WHEREAS, the Grantee and the Subrecipient now desire to amend said Agreement to provide Tax Increment Reinvestment Zone (TIRZ) Program funds In the amount of $40,000.00 to provide down payment assistance to eligible homebuyers. NOW, THEREFORE, the Grantee and the Subrecipient do mutually agree as follows: Exhibit A, Scope of Services, found at pages 23-25 of the Agreement, is replaced entirely. The amended Scope of Services is attached hereto and shall be known as 'Exhibit A to the Third Amendment of the Agreement' li. Exhibit B, 'Budget," found at page 26 of the Agreement, is replaced entirely. The amended budget is attached, hereto and shall be known as "Exhibit B to the Third Amendment of Agreement." III. In the event of any conflict between this Third Amendment to Agreement and the original Agreement, the . terms of this Third Amendment shall govem. Ali other conditions between the parties shall remain in full force and effect. • Exhibit A APPLICATION This Scope of Services is based on the proposal prepared and submitted by the Subrecipient through the Harris County Community Services Department's (HCCSD) annual Request for Proposal (RFP) process. However, in the event of any conflict between the proposal and any provision contained herein, this Agreement shall control. In addition to the activities listed below, the Subrecipient agrees to operate this Project in accordance with HOME requirements and all other applicable Federal, state and local regulations. 11 PROJECT DESCRpTiON The Subrecipient shall be responsible for implementing the Northside Neighborhood Single•Family New Construction project during the term of this Agreement. The scope of the project Is to construct five (5) single- family homes in the City of La Porte, Harris County, Texas. The Subrecipient shall administer all activities in the provision of the aforementioned activities in accordance with all applicable Federal, state, and local rules and regulations governing these funds, and in a manner satisfactory to the Grantee. • ill. ACTIVITIES The Subrecipient shall be responsible for the delivery of the activities to be performed under this Agreement including, but not be limited to, the budget line Item categories listed in the budget detail of Exhibit B and as detailed further below: A. Site Control Prior to commencement of construction, the Subrecipient shall provide copies of all closing documents, including the recorded Deed of Trust, in the name of the Subrecipient, to evidence the ' purchase and transfer of ownership to the Subrecipient for approximately five (5) vacant lots of land located in the City of La Porte, Harris County, Texas. Such land will be purchased at the Subrecipient's sole expense prior to construction of the Project. B. Construction The Subrecipient shall construct five (5) affordable single- family homes at 211 North 1st, 207 and 216 North 2 and 210 and 224 North 6th Streets located in the City of La Porte, Harris County, Texas. C. Down Payment Assistance The Grantee will provide up to $10,000.00 in additional financial assistance to eligible Down Payment Assistance Program (DAP) homebuyers for the remaining four (4) single- family unsold homes in the Northside Neighborhood Single- Family New Construction Project to be used for down payment and closing cost assistance: 211 North 1st; 207 and 216 North 2 224 North 6 Streets. Applications for down payment assistance will be processed by the Grantee following a preliminary determination of eligibility of the applicant based upon the Letter of intent to Process Loan, Good Faith Estimate and 1003 Uniform Residential Loan Application submitted by the mortgage lender, pursuant to the regulations governing the HOME Program. D. Marketing Program The Subrecipient shall develop and adhere to a marketing plan to ensure the completion of the process of finding buyers, building and selling of the homes during the Time of Performance period. Marketing plan activities shall include but not be limited to contracting with a real estate broker licensed in the State of Texas whose responsibilities will include conducting an open house and listing the properties on the Multiple Listings Service as well as local publications. The Subrecipient shall price each home in accordance with the maximum mortgage limits specified in the FHA Loan 203(b) Program for the Houston/Harris County Metropolitan Service Area. The Subrecipient shall refer all questions, inquiries, or requests for down payment assistance to HCCSD staff. E. Matching Funds Requirement HOME Program funds used for Subrecipient construction activities are required to be matched according to 24 C.F.R. § 92.218. Eligible forms of matching contributions must be met in accordance with 24 C.F.R. § 92.220. The Subreciptent`s required matching contribution for this Project shall equal no less than $109.705.00. F. Service Delivery Plan The Subrecipient shall follow the detailed work plan summary below and Project timeline to ensure completion of the Project within the Time of Performance period. Month Aetiv /Action August 2006 The Subrecipient and Grantee sign contract. The Request for Qualifications (RFQ) process for qualified builders is posted. Pre - program Contract survey with residents and community leaders begins. Begins-- February Five (5) building sites/lots are purchased by the Subrecipient. RFQ 2007 reviewed by the RFQ Committee and recommendation forwarded to Subrecipient. Pre- program evaluation/survey with area residents and community leaders is conducted. RFQ's are reviewed by community leaders. The Subrecipient signs contract with consultant to assist with marketing and application process with HCCSD March The Subrecipient submits building plans for review and approval by HCCEDD. Marketing efforts begin. April After approval from HCCSD, the Subrecipient signs contract with winning builder. "Interest" meeting event held. Partnering lending institutions are identified. Possible applicants are directed to HCCEDD Lending Services to be: in formal process. May Application process through HCCSD Lending Services is ongoing. Program marketing continues. The Subrecipient is advised of potential homebuyers' applications. Partnering lending institutions begin processing potential homebuyer applications. July Processing of homebuyer applications continue. Lots are cleared, grubbed and graded to standard. Program marketing continues. August Qualified homebuyers are identified and approved for mortgage and down - payment program. Construction begins on five (5)homes. September Program applicants are certified by HCCSD according to HUD's HOME guidelines. Construction continues while accounting for possible weather delays. October Construction of the homes and certification of applicants continue. Replacement applicants are sought if required. January 2008 Construction of the remaining three (3) homes and certification of applicants continue. Replacement applicants are sought if required. __ March Construction of the first two (2) homes is completed. Certification of homebuyer applicants continues. Replacement applicants are sought if required. May Program marketing and certification of homebuyer applicants continues. Replacement applicants are sought if required. June Program marketing and certification of homebuyer applicants continues. Replacement applicants are sought if required. July Closing occurs on one (1) home and the "Key Exchange" ceremony is scheduled and advertised with the community leaders. August Construction of the remaining three (3) homes and certification of applicants continue. Replacement applicants are sought if required. • September Construction of the remaining three (3) homes ends and program and October evaluation begins. November Final reports are submitted to HCCSD. Certification of applicants continue. R ' iaeement a i licants are sou: t if - aired. Time/Date variances to the schedule may be approved by the Director of HCCSD or his designee If reasonable justification is provided for the delay. G. Notices All notices and communications concerning this Agreement shall be directed to the Grantee and Subrecipient as follows: • • • Grantee Subrccipien( David B. Turkel, Director Tim Tletjens Harris County Services Department City of La Porte Planning Department 8410 Lantern Point Drive 604 W. Fairmont Parkway Houston, TX 77054 La Porte, Texas 77571.6215 s II. • EXHIBIT B, -BUDGET The City of La Porte Northside Housing Affordable Single - Family New Construction Project Maximum Amount to be Paid Under this Agreement It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed FIVE HUNDRED TEN THOUSAND ONE HUNDRED TWENTY DOLLARS and 00/100 ($510,120:00). r Project Budget 8i dgetStiW ilia . -. Description HCCSD Match Other Total Personnel $0 $0 $0 $0 Non Personnel $0 $0 $0 $0 Subtotal $0 $0 $0 $0 Down Payment Assistance $40,000.00 $0.00 $0.00 $40,000.00 Acquisition $0.00 $0.00 $0.00 $0.00 Rehabilitation $0.04 $0.00 $0.00 $0.00 New Construction $452,300.00 $100,515.00 $0.00 $55Z875.00 HCPID Inspection $6,000.00 $1,250.00 $0.00 $7,250.00 Subtotal $498,300.00 $101,825.00 $0 $600,125.00 Subro 1pientResa vefunds- • DeveloperFee(10 %) $0.00 $0.00 $0.00 $0.00 Development Financing Savings $0.00 $0.00 $0.00 $0.00 Construction Financing Savings $0.00 $0.00 . $0.00 $0.00 Closig Casts $11,820.00 $7,880.00 $0.00 $19,700.00 Subtotal w $11,820.00 $7,880.00 $0.00 $19)00.00 • . Proj t0. 't F . $510,120.00 ;109,705.00_ x.00 $619,825.00 try IN WITNESS WHEREOF, the Parties have executed this Amended Agreement as of the day of 1 1 3 , 2009. Hants County Ch ofr By. 1 Name: i I Title: WPM..� r� ' 1 (�Y Attest: n', 1e DAVID TURKEL Name: m.-4iii Director Title: wi� p .r_ ' ' r. Harris County Community Services Department APPROVED AS TO FORM: VINCE RYAN Co I 1 Attorney By: • D • RAY A istant County Attorney AUDITOR'S CERTIFICATION hereby certify that funds are available in the amount of 010.120.00 of which $469,120.00 was previously certified for this Project to pay the obligation of Harris County under this Agreement. Barbara J. Schott County Auditor THE STATE OF TEXAS § § COUNTY OF HARRIS § The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on the day of _ OCT 13 2009 , 2009, with the following members present, to -wit: Ed Emmett County Judge El Franco Lee Commissioner, Precinct No. 1 Sylvia R. Garcia Commissioner, Precinct No. 2 Steve Radack Commissioner, Precinct No. 3 Jerry Eversole Commissioner, Precinct No_ 4 and the following members absent, to -wit: , constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING EXECUTION OF THE THIRD AMENDMENT TO THE AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR THE NORTIISIDE NEIGHBORHOOD SINGLE - FAMILY NEW CONSTRUCTION PROJECT Commissioner _ � introduced an order and made a motion that the same be adopted. Commissio er , ' seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: Yes No Abstain Judge Emmett LID ❑ Comm. Lee ❑ Comm. Garcia ❑ ❑ Comm. Radack ❑ ❑ Comm. Eversole ❑ ❑ The County Judge thereupon announced that the motion had duly and lawfully carved and that the order had been duly and lawfully adopted. The order thus adopted follows: RECITALS: WHEREAS, HARRIS COUNTY a body corporate and politic under the laws of the State of Texas, hereinafter referred to as "Grantee," and the City of La Porte, a Texas body politic and corporate under the laws of the State of Texas, herein called the "Subrecipient ", entered into an • Agreement on August 22, 2006 to administer a HOME Investment Partnerships (HOME) Program project in a manner satisfactory to the County and consistent with any standards required as a condition of providing these funds. Such project includes the construction of five Presented to Commissioner's Court OCT 13 2009 APPROVE • Recorded Vol Page - i (5) single - family houses for very low and low- income families, which is known as the Northside Neighborhood Single - Family New Construction Project (hereinafter, the "Project "). WHEREAS, on March 4, 2008 the Grantee and the Subrecipient amended said Agreement to revise the budget by reducing the Subrecipient's required snatching contribution by an amount of $12,500.00, and WHEREAS, on July 14, 2009 the Grantee and the Subrecipient amended said Agreement to revise the budget by specifying additional marketing procedures to be implemented and increase HOME in the amount of $11,820.00 to cover a portion of closing cost expenses incurred from the sales of the houses, and WHEREAS, the Grantee and the Subrecipient now desire to amend said Agreement to provide Tax Increment Reinvestment Zone (TIRZ) Program funds in the amount of $40,000.00 to provide down payment assistance to eligible homebuyers. NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS THAT: Section 1: The recitals set forth in this order are true and correct. Section 2: The Director of Harris County Community Services Department is authorized to execute an amendment to the Agreement on behalf of Harris County between Harris County and the City of La Porte to construct five (5) single - family homes located at 211 North 1 Street, 207 and 216 North 2 " Street, and 210 and 224 North 6 Street in the City of La Porte, Harris County, Texas, in Precinct 2. The Third Amendment is attached hereto and made to part hereof for all purposes. Section 3: The Community Services Department and its director or his designee are authorized to take such actions and execute such other documents as they deem necessary or convenient to carry out the purposes of this order. • ,,- 10 CITY COUNCIL DRAINAGE REPORT JUNE 8, 2009 Klotz Design and Contract Construction . Design of Sheet Flow Relief Structure Improvements to Creekmont, Failmont Park West, Brookglen and Fairmont Park East. Design is 75% complete. Staff is currently review plans and identifying needed easements for construction. Affected property owners have been identified, and will be notified by letter of the easement requests, and needed for acquisition. Survey of required easements will begin after initial contact with residents. A town hall meeting of affected property owners is also being planned to explain the need for easements and to answer questions about the acquisition process and what can be expected during construction. Depending on the time needed to acquire easements, the Project can be ready to bid by mid to late summer. . Drainage Study of Brookglen and Failmont Park East. The Consultant has presented a final draft of the above referenced study to the Drainage and Flooding Committee on June 3, 2009 to present findings and recommend alternative solutions for consideration by the Committee and the City Council for future improvements. The Drainage Committee will be presenting its findings to the City Council at the June 8, 2009 meeting. In-House Design and Construction ofproiects identified in the Drainage Master Plan. . Mission and North Avenue P. Design and construction complete. . Santa Anna and Bois D Arc. Design and construction complete. . Gaucho Circle. Design and construction complete. . 1601 Brook Meadow. Design and construction complete. . Farrington at B 1 06-00-00. Design complete. Construction scheduled for June. In-House Design and Construction of City-initiated Proiects. . South La Porte Bay Outfalls. Drainage area mapped and potential outfalls identified along South Broadway south of Fairmont Parkway. Oakhurst Street selected as the initial project due to available ROW, central location and the shortest avenue to the Bay. Survey has been initiated, to be followed by design. Expect to complete design and bid this Project by July. Additional potential outfalls have been identified. ROW investigations and possible easement acquisition will be undertaken in the next month, with design to follow. . South La Porte Drainage Maintenance Plan. The subdivisions along and east of South Broadway south of Fairmont Parkway will be surveyed and mapped, necessary improvements designed and constructed. This is an ongoing effort and will begin upon completion of South La POlte Bay Outfalls. In-House Drainage Maintenance Activities. . Bavside Terrace. preliminary cleaning of ditches and culverts underway. Resetting and replacement of culvelts in selected areas to correct obvious problems also underway. Underground systems have been jetted and inspected for obstructions. Contact has been made with the neighborhood association to obtain possible easements through the bayside association park to install overflow stmctures and possible bay outfalls. Once complete, in-house design of drainage maintenance improvements will be followed by constmction. . Dwire and Bay Oaks. Preliminary cleaning of ditches and culverts underway. Resetting and replacement of culverts in selected areas to correct obvious problems also underway. Underground systems have been jetted and inspected for obstIuctions. Outfall to Sumise Drive has been reestablished and a major road crossing has been removed and replaced to facilitate mnoff around Bayshore Elementary. Contact has been made with the neighborhood association to obtain possible easements through the bayside association park to install overflow stmctures and possible bay outfalls. Once complete, in-house design of drainage maintenance improvements will be followed by constmction. . Bay Colony. North side of Bay Colony Drive ditch has been cleaned, along with culverts and inlets. Jetting of all culverts has been scheduled. City crews replaced the bay outfall several years ago. This neighborhood also needs extensive redesign and reconstruction of roadside ditches, resetting and replacement of driveways to reestablish proper flow lines. . Total Work completed in April and May. Cleaning of Ditches 17,030 LF Resetting culverts 2,424 LF Inlet installation/repair 22 each Culvert Maintenance/Cleaning 674 each Routine maintenance of drainage systems throughout the city continues. These activities include ongoing drainage maintenance activities to reestablish flow lines and cleaning culverts, inspection and cleaning of existing underground storm sewer systems. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Mav 22. 2009 Bud2et Requested By: T. Tietjens Source of Funds: Department: Planning Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Zoning Sect. 106-742 Amount Requested: Exhibits: Exhibits: Zonin2 Sect. 106-416 Budgeted Item: YES NO SUMMARY & RECOMMENDATION Workshop Attached is current Zoning Section 106-741. Subsection (a) identifies domestic livestock (cattle, horses, hogs, sheep, goats, chickens and geese) as a "permitted accessory use" on lots in excess of 43,560 square feet (1 acre). It also requires livestock is to be restrained no closer than 25 feet from property that is not devoted to the keeping of domestic livestock and in concentration as follows: (2) cows per acre; (2) horses per acre, (2) hogs per acre and (2) sheep or goats per acre. Subsection (b) of this section identifies "grazing animals" as sheep, goats, hogs, cows or horses) and states the total shall be accumulative. Subsection (b) also identifies that while fowl has no specific concentration established, the concentration is tied to prevention ofa health hazard and the original 1 acre requirement noted in Subsection (a) is required before "fowl" is permitted. These regulations were discussed as part of the overall Large Lot District review and remained unchanged at the time Large Lot District special regulations [Sect. 106-416, (1)] became effective in October 2005. ~~ ZONING ~ 106-744 -- ---- .* Seo. 106-742. Domestio livestook. (a) Domestic livestock (cattle, horses, hogs, sheep, goats, chickens, and geese) are a permitted accessory use on lots in excess of 43,560 square feet, provided that all domestic livestock as defined above be restrained no closer than 25 feet from property that is not devoted to the keeping of domestic livestock, and provided further that said domestic livestock be kept in a concentration that is less than or equal to: (1) Two cows per acre. (2) Two horses per acre. (3) Two hogs per acre. (4) Two sheep or goats per acre. (b) In any event, the total for the above referenced grazing animals (i.e. sheep, goats, hogs, cows, or horses) shall be cumulative. In the event of fowl, no specific concentration is established herein, but in no event, shall the cumulative concentration of fowl be such as to create a health hazard. The requirements of section 34-126 et seq. shall apply in any event. (c) The keeping oflivestock or fowl for the purpose of breeding for sale, whether engaged in as a primary or accessory activity, shall be considered a conditional use as specified by section 106-331, Table A. .----sec:-1Q,!!:?43. Breeding kennels (dogs and oats only). Breedin~ els for dogs and cats only, are a permitted accessory use on lots in excess of 43,560 square feet, 'ded that all of such kennels are licensed according to section 14-81 et seq., and any amendmen additions thereto. Provided further that all animals must be bO;:l.~ded in enclosures located no er than 100 feet from any property line. The requirements of section 34-126 et seq., and any ame ents or additions thereto shall apply in any event. (a) A bed and breakfast shall be operated by resident ho (b) A bed and breakfast shall conform to the requirements of sectio (c) Parking shall be provided in accordance with the requirements of section Sec. 106-744. Bed and breakfast. Supp. No. 14 CDI06:83 ~ 106-416 LA PORTE CODE (' ( Subdivision VI. LL Large Lot Distric~ Sec. 106-416. Special regulations. (a) Minimum lot size: (b) Minimum lot width: (c) Minimum yard setbacks (F.R.S.): (d) Maximum height of primary structure: (e) Minimum site area/unit: (f) Maximum lot coverage: (g) Accessory buildings: (h) Maximum height of accessory buildings: (i) Accessory building setbacks: (j) Number of accessory buildings: ..]J.~ (k) Placement of accessory buildings: X (][) Number of animals: (m) Detached garage: (n) Carports width: (0) Equipment storage: (p) Exterior storage: (q) Shipping containers: (1') Street openings: (s) Driveways (12'): (t) Driveways (20'): (u) Driveways (General): (v) Public utilities (water): (w) Public utilities (sewer): (x) Fire hydrant (coverage): (y) Fire hydrant (placement): (z) Animal breeding: (FFA& 4H) ~ (Ord. No. 1501-T4, ~ 6(Exh. F),~ Sees. 106-417-106-440. Reserved. 1 Acre 90L.F. 25-15-5 45 feet 1 DU/A 40% 5,000 S.F. 35 feet 10' property line 20' other structures Up to 40% coverage Rear & side yards Section 106-742 6' (rear) ofPri. Bldg. Max. 25' front/side yard Section 106-741(h) Section 106-773 Not allowed Asphalt/open ditch First 40' dust free First 20'x20' dust free Service1 residence only Tap public ROW only Tap public ROW only 500' from residence Public waterline only Conditional (Requh'es SCUP from the City) ( \'" DIVISION 3. COMMERCIAL DISTRICT REGULATIONS Subdivision 1. Generally Sec. 106-441. Table A, Commercial uses. P (ABC) - Permitted uses (subject to designated criteria established in section 106-444), ( '. Supp. No. 13 CD106:58 ",---- MEETING HANDOUTS ARTICLE V. SUPPLEMENTARY DISTRICT REGULATIONS Page 1 of 1 Sec. 106-742. Domestic livestock. (a) Domestic livestock (cattle, horses, hogs, sheep, goats, chickens, and geese) are a permitted accessory use on lots in excess of 43,560 square feet, provided that all domestic livestock as defined above be restrained no closer than 25 feet from property that is not devoted to the keeping of domestic livestock, and provided further that said domestic livestock be kept in a concentration that is less than or equal to: (1) Two cows per acre. (2) Two horses per acre. (3) Two hogs per acre. (4) Two sheep or goats per acre. (b) In any event, the total for the above referenced grazing animals (i.e. sheep, goats, hogs, cows, or horses) shall be cumulative. In the event of fowl, no specific concentration is established herein, but in no event, shall the cumulative concentration of fowl be such as to create a health hazard. The requirements of section 34-126 et seq. shall apply in any event. (c) The keeping of livestock or fowl for the purpose of breeding for sale, whether engaged in as a primary or accessory activity, shall be considered a conditional use as specified by section 1 06-331, Table A. Sec. 106-743. Breeding kennels (dogs and cats only). Breeding kennels for dogs and cats only, are a permitted accessory use on lots in excess of 43,560 square feet, provided that all of such kennels are licensed according to section 14-81 et seq., and any amendments or additions thereto. Provided further that all animals must be boarded in enclosures located no closer than 100 feet from any property line. The requirements of section 34-126 et seq., and any amendments or additions thereto shall apply in any event. http://library7.municode.comldefault-testIDoc View/111 02/1/1721177?hilite=livestock; 6/8/2009 Sec. 106-742. Recreational Livestock. (al Recreational livestock (cattlel horsesl sheepl goats) are a permitted accessory use on lots in excess of 43,560 square feetl provided that recreational livestock as defined above are cared for and maintained in accordance with state laws regarding animal welfare. In the event of recreationallivestockl no specific concentration is established herein, but in no event, shall the cumulative concentration of recreational livestock be such as to create a health hazard. The requirements of section 34-126 et seq. shall apply in any event. (b 1 In the event of fowl, no specific concentration is established herein, but in no eventl shall the cumulative concentration of fowl be such as to create a health hazard. The requirements of section 34-126 et seq. shall apply in any event. (cl The keeping of recreational livestock or fowl for the purpose of breeding for sale, whether engaged in as a primary or accessory activity, shall be considered a conditional use as specified by section 10006-331, Table A. Petition to Re-Zone Recreational Livestock Large Lot Area Sec. 106-742. Recreational Livestock. (a) Recreational livestock (cattle, horses, sheep, goats) are a permitted accessory use on lots in excess of 43,560 square feet, provided that recreational livestock as defined above are cared for and maintained in accordance with state laws regarding animal welfare. In the event of recreational livestock, no specific concentration is established herein, but in no event, shall the cumulative concentration of recreational livestock be such as to create a health hazard. The requirements of section 34-126 et seq. shall apply in any event. (b) In the event of fowl, no specific concentration is established herein, but in no event, shall the cumulative concentration of fowl be such as to create a health hazard. The requirements of section 34-126 et seq. shall apply in any event. (c) The keeping of recreational livestock or fowl for the purpose of breeding for sale, whether engaged in as a primary or accessory activity, shall be considered a conditional use as specified by section 10006-331, Table A. If in agreement to change the Recreational Livestock Zoning Ordinance - Please sign below: Name: Address \0\\'"\ Signature: ~- /1/ (? WN -4 l /0 30 tJ 1- t( ~/-,,- ~{ { \ \(:< I Ccu;w B~ ~~~ _H 0\2CL D 'J Ii Je.olln I~ G ~ rp / 8 2-7 LoM Ax 5c/,ou/ t'-c{ 1/lAV1> GAfl-f (:M--p I B 2-7 LoM /f-,K; 5chbO J /Let \ g tl L~y C;c c-0QL (Zd )OJlLf 1v-AVf- Petition to Re-Zone Recreational Livestock Large Lot Area If in agreement to change the Recreational Livestock Zoning Ordinance - Please sign below: Address e;v\ I~\ ~ {Nl \ O~ ~'tr M~(k-~.( \ S~(+-I--e '3' ()~~ ~ c\~ \-h\ l\ ~ ~ 0() -f^^- Petition to Re-Zone Recreational Livestock Large Lot Area Sec. 106-742. Recreational Livestock. (a) Recreational livestock (cattle, horses, sheep, goats) are a permitted accessory use on lots in excess of 43,560 square feet, provided that recreational livestock as defined above are cared for and maintained in accordance with state laws regarding animal welfare. In the event of recreational livestock, no specific concentration is established herein, but in no event, shall the cumulative concentration of recreational livestock be such as to create a health hazard. The requirements of section 34-126 et seq. shall apply in any event. (b) In the event of fowl, no specific concentration is established herein, but in no event, shall the cumulative concentration of fowl be such as to create a health hazard. The requirements of section 34-126 et seq. shall apply in any event. (c) The keeping of recreational livestock or fowl for the purpose of breeding for sale, whether engaged in as a primary or accessory activity, shall be considered a conditional use as specified by section 10006-331, Table A. If in agreement to change the Recreational Livestock Zoning Ordinance - Please sign below: ;) Name: / ~ Address Signature: j / I 1'1 a LI N A veL 1 ~ '. Petition to Re-Zone Recreational Livestock Large Lot Area Sec. 106-742. Recreational Livestock. (a) Recreational livestock (cattle, horses, sheep, goats) are a permitted accessory use on lots in excess of 43,560 square feet, provided that recreational livestock as defined above are cared for and maintained in accordance with state laws regarding animal welfare. In the event of recreational livestock, no specific concentration is established herein, but in no event, shall the cumulative concentration of recreational livestock be such as to create a health hazard. The requirements of section 34-126 et seq. shall apply in any event. (b) In the event of fowl, no specific concentration is established herein, but in no event, shall the cumulative concentration of fowl be such as to create a health hazard. The requirements of section 34-126 et seq. shall apply in any event. (c) The keeping of recreational livestock or fowl for the purpose of breeding for sale, whether engaged in as a primary or accessory activity, shall be considered a conditional use as specified by section 10006-331, Table A. If in agreement to change the Recreational Livestock Zoning Ordinance - Please sign below: Name: Address 5 /07tfl jlJ~ (-I d'fJedc Lefer' I O? () 1 N. /07/.;J AI If J 1\0 ^-l~ ? -';b /1(11.-7 AI 1-1 /70<7 '1M 1... Sf; IlQ~) ~ Petition to Re-Zone Recreational Livestock Large Lot Area Sec. 106-742. Recreational Livestock. (a) Recreational livestock (cattle, horses, sheep, goats) are a permitted accessory use on lots in excess of 43,560 square feet, provided that recreational livestock as defined above are cared for and maintained in accordance with state laws regarding animal welfare. In the event of recreational livestock, no specific concentration is established herein, but in no event, shall the cumulative concentration of recreational livestock be such as to create a health hazard. The requirements of section 34-126 et seq. shall apply in any event. (b) In the event of fowl, no specific concentration is established herein, but in no event, shall the cumulative concentration of fowl be such as to create a health hazard. The requirements of section 34-126 et seq. shall apply in any event. (c) The keeping of recreational livestock or fowl for the purpose of breeding for sale, whether engaged in as a primary or accessory activity, shall be considered a conditional use as specified by section 10006-331, Table A. If in agreement to change the Recreational Livestock Zoning Ordinance - Please sign below: e6-1-eb~", G~a 4l( ( D (j().)~ ~~ ~ 1..1 Address ..2;2, 1... Lo S~. RJ.. v~.tJVE: ? P ItJ cf "2 Y IV uv-IfJ H qlD &/ ~otl 11 ~ I &CfY1gtot 1 :3 t N. f 0 0\- /VvA7>f ij IJ- Petition to Re-Zone Recreational Livestock Large Lot Area If in agreement to change the Recreational Livestock Zoning Ordinance - Please sign below: Name: Address ~e~ ~ / ha/l')$' Petition to Re-Zone Recreational Livestock Large Lot Area Sec. 106-742. Recreational Livestock. (a) Recreational livestock (cattle, horses, sheep, goats) are a permitted accessory use on lots in excess of 43/560 square feet, provided that recreational livestock as defined above are cared for and maintained in accordance with state laws regarding animal welfare. In the event of recreational Iivestock, no specific concentration is established herein, but in no event, shall the cumulative concentration of recreational livestock be such as to create a health hazard. The requirements of section 34-126 et seq. shall apply in any event. (b) In the event of fowl, no specific concentration is established herein, but in no event, shall the cumulative concentration of fowl be such as to create a health hazard. The requirements of section 34-126 et seq. shall apply in any event. (c) The keeping of recreational livestock or fowl for the purpose of breeding for sale, whether engaged in as a primary or accessory activity, shall be considered a conditional use as specified by section 10006-331/ Table A. If in agreement to change the Recreational Livestock Zoning Ordinance - Please sign below: tLL Petition to Re-Zone Recreational Livestock Large Lot Area If in agreement to change the Recreational Livestock Zoning Ordinance - Please sign below: Name: Address --.. /"- ~ A t\\Es L. Q c.~ --"-^""----.-."- Petition to Re-Zone Recreational Livestock Large Lot Area ~ Sec. 106-742. Recreational Livestock. (a) Recreational livestock (cattle, horses, sheep, goats) are a permitted accessory use on lots in excess of 43,560 square feet, provided that recreational livestock as defined above are cared for and maintained in accordance with state laws regarding animal welfare. In the event of recreational livestock, no specific concentration is established herein, but in no event, shall the cumulative concentration of recreational livestock be such as to create a health hazard. The requirements of section 34-126 et seq. shall apply in any event. (b) In the event of fowl, no specific concentration is established herein, but in no event, shall the cumulative concentration of fowl be such as to create a health hazard. The requirements of section 34-126 et seq. shall apply in any event. (c) The keeping of recreational livestock or fowl for the purpose of breeding for sale, whether engaged in as a primary or accessory activity, shall be considered a conditional use as specified by section 10006-331, Table A. If in agreement to change the Recreational Livestock Zoning Ordinance - Please sign below: Name: Address ~ Petition to Re-Zone Recreational Livestock Large Lot Area Sec. 106-742. Recreational Livestock. (a) Recreational livestock (cattle, horses, sheep, goats) are a permitted accessory use on lots in excess of 43,560 square feet, provided that recreational livestock as defined above are cared for and maintained in accordance with state laws regarding animal welfare. In the event of recreational livestock, no specific concentration is established herein, but in no event, shall the cumulative concentration of recreational livestock be such as to create a health hazard. The requirements of section 34-126 et seq. shall apply in any event. (b) In the event of fowl, no specific concentration is established herein, but in no event, shall the cumulative concentration of fowl be such as to create a health hazard. The requirements of section 34-126 et seq. shall apply in any event. (c) The keeping of recreational livestock or fowl for the purpose of breeding for sale, whether engaged in as a primary or accessory activity, shall be considered a conditional use as specified by section 10006-331, Table A. If in agreement to change the Recreational Livestock Zoning Ordinance - Please sign below: Name: M\~~. F"'SGO Address It ~lD \, 0 ct <;. C) MIfYl-e r u-)m& b. ~~~~ \0 It) /' S (/\~ Gf t'\ Petition to Re-Zone Recreational Livestock Large Lot Area If in agreement to change the Recreational Livestock Zoning Ordinance - Please sign below: Name: Address fl v~C ~ ~ ~ t -~o ,,-G.-c)D fV I ,,/) I ,. 6-- l:cAJ-C t-'l if- C:-t.O Petition to Re-Zone Recreational livestock Large Lot Area If in agreement to change the Recreational Livestock Zoning Ordinance - Please sign below: Name: Address Signature: &e,;~ 6G~vb1ju-e ( l~'f)~ ,!J[~lI"(j~~5 '7)..--. Ljl /tcf-.~('-/ th;!(/-~l~'uc I 08L.fcl ..t:c\l~u.:c('( Dr. t..o..fo\ tQ, TX 77~71 I \ 0 q' ()n~j rt) \'2-c . WVofk rY11S1( 67- rJ L ~ t\ r t::-U ~Jt u~ for r,l .._~,-~~~.~...~~'-- - "^'_._____'.o'._ ", Petition to Re-Zone Recreational Livestock Large Lot Area If in agreement to change the Recreational Livestock Zoning Ordinance - Please sign below: Name: Address Signature: N. ~ ~4~L J..f9.!'D IZ)jl, rx. 77!;{7/ I<~ c.K. Y, J!"NtJ J,<tcf} I v -7 -~ ./'---? 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