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
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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.
Prepared by Planning Department, 5-13-09
INSET OF BROOKGLEN AREA
Legend
. Buy Out Property
* Permits Issued For Demo
- Drainage Channels
CJ City Limits
I -I Property Lines
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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
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-------
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
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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
\ ' ; ""\ \ \',
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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
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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)
(
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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:
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Petition to Re-Zone Recreational Livestock
Large Lot Area
If in agreement to change the Recreational Livestock Zoning Ordinance - Please sign below:
Address
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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
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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(
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Address
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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.
~~~~
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Petition to Re-Zone Recreational Livestock
Large Lot Area
If in agreement to change the Recreational Livestock Zoning Ordinance - Please sign below:
Name:
Address
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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:
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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:
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