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Home My WebLink About2009-06-22 Regular Meeting and Workshop Meeting of La Porte City Council . 5 A MINUTES OF A REGULAR MEETING AND WORKSHOP OF THE LA PORTE CITY COUNCIL JUNE 22, 2009 1. Call to order The meeting was called to order by Mayor Beasley at 6:00 p.m. Members of City Council Present: Mayor Barry Beasley, Mayor Pro-Tem Georgia Malone, Council member Louis Rigby, Tommy Moser, John Black, Daryl Leonard, Chuck Engelken and Mike Mosteit Members of Council absent: Mike Clausen Members of City Executive Staff and City Employees Present: City Manager's Office: Ron Bottoms, Melisa Lanclos, Stacy Osborne and John Joerns City Secretary's Office: Martha Gillett Public Works: Steve Gillett Parks and Recreation: Marlene Rigby and Ann Hayes Planning: Tim Tietjens, Masood Malik, Debbie Wilmore, Nick Rotter, John Lawler Police Department: Chief Ken Adcox, Gary Rice, David Huckabee, Sherman Moore, Matt Daumer, Kyle Jones, Tammy Bittick, Rod Davis, John Blakemore and Matt Novosad GIS: Brian Sterling Finance: Michael Dolby City Attorney: Clark Askins Emergency Management: Jeff Suggs and Kristen Gauthier Others Present: Adam Yanelli of Bayshore Sun, Dan Seal of Bay Area Houston, Bob Mitchell, President Bay Area Houston, Stan Sherwood, Maggie Anderson, Gideon Jones, Barbara Norwine, Mark Follis, David Janda, Phillip Hoot, Don Hill, Dottie Kaminski, Susie Burgess,Ted Powell and a number of other citizens. 2. Don Hill of Interchurch Council delivered the invocation. 3. Councilmember Daryl Leonard led the Pledge of Allegiance. 4. Presentations/ Proclamations A. Bay Area Houston - Ike Dike Project Dan Seal of Bay Area Houston presented Bay Area Houston (Ike Dike Project) 5. Consent Agenda - Any item may be removed by a Councilperson for discussion A. Council to consider approval or other action of minutes of Regular Meeting and Workshop for the La Porte City Council held on June 8, and minutes of the Joint Minutes of Regular Meeting and Workshop of the La Porte City Council held on June 22, 2009 Page 2 Special called Regular Meeting of the La Porte City Council and La Porte Development Corporation Board of Directors held on June 8, 2009 - M. Gillett B. Council to consider approval or other action authorizing the City Manager to execute Change Order No. 3 with CSA Construction to install automatic transfer switchgear for Wastewater Treatment Plant - S. Gillett C. Council to consider approval or other action regarding an ordinance appointing Stacey Osborne to the Board of Directors of the Bay Area Houston Convention and Visitors Bureau - (Ord. 3152) - R. Bottoms Motion was made by Councilmember Malone to approve the consent agenda as presented. A second was made by Councilmember Moser. Motion carried. Council had questions on item B. Ayes: Rigby, Moser, Black, Malone, Leonard, Engelken, Mosteit, and Beasley Nays: None Abstain: None Absent: Clausen 6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council on any item posted on the agenda (Limited to five minutes) Barbara Norwine, 202 S. Lobit, Ms. Norwine informed Council about the CERT (Community Emergency Response Team) and informed them the La Porte group has recently merged with the Seabrook CERT team. Gideon Jones - 10403 Quiet Hill, informed Council he is interested in serving on the Airport Advisory Board. 7. Council to consider approval or other action regarding a professional service agreement with Clark Condon and Associates for a Community Center Conceptual design for $35,000,00 reimbursement expenses of $5,000.00 and approving a budget amendment in the amount of $40,000.00 for said purpose. - R. Bottoms This item was tabled at the June 8, 2009 City Council Meeting City Manager Ron Bottoms presented summary and recommendation and answered Councils questions. Motion was made by Councilmember Engelken to approve the professional service agreement with Clark Condon and Associates for a Community Center Conceptual design for $35,000.00 reimbursement of $5,000.00 and approving a budget amendment in the amount of $40,000.00 for said purpose as presented. A second was made by Councilmember Mosteit. Minutes of Regular Meeting and Workshop of the La Porte City Council held on June 22, 2009 Page 3 A suggestion was made by Councilmember Black to amend the motion by removing all language regarding Sylvan Beach Pavilion or Harris County/Sylvia Garcia, to broaden scope of review from Sylvan Beach to entire city. Councilmember Engelken amended the motion as requested. Councilmember Mosteit seconded the motion to amend the motion as requested. Motion carried. Ayes: Black, Malone, Leonard, Engelken, Mosteit, and Beasley Nays: Rigby and Moser Abstain: None Absent: Clausen 8. Receive Monthly Inspection Report for City Staff - D. Wilmore Chief Building Official Debbie Wilmore presented the Monthly Inspection Report to City Council and answered Councils' questions. 9. Close Regular Meeting and open Workshop Meeting Mayor Beasley Closed Regular Meeting at 7:04 and Opened workshop Meeting at 7:05 p.m. A. Discuss Dangerous Buildings- W. Wilmore Chief Building Official Debbie Wilmore led the discussion of dangerous buildings. This item will be brought back to a future Council Meeting for action. B. Discuss High Intensity Drug Trafficking Area Program - K. Adcox Police Chief Ken Adcox led the discussion of a High Intensity Drug Trafficking Area Program. He informed Council he will be assigning only one officer to this program instead of the current three which are assigned. He noted this will save the City money as well as better utilize existing personnel. C. Discuss Boards and Commissions Appointments and Current Policy - Mayor Beasley Mayor Beasley led the discussion of the Boards and Commissions Appointments and current policy. Council wants to bring this item back to the first meeting in July to discuss again and make appointments as needed. Council advised the City Secretary not to call board members or applicants to inquire about re-appointments or applicant status. Minutes of Regular Meeting and Workshop of the La Porte City Council held on June 22, 2009 Page 4 Council noted if applicants would like to speak to Council during the public remonstrances section they would welcome their comments. Council noted they may need to consider placing alternate members on all committees/boards due the need to have a quorum to meet. Council noted a conflict of interest statement needs to be added to the boards and commissions application. Council noted they also needed to make a decision on whether or not a person can serve on more the one board/committee. D. Discuss recurring Council items previously voted on- R. Bottoms City Manager Ron Bottoms led the discussion Council directed staff to bring this item back to a future council meeting for action. Council would like to consider a thirty day period before an action that has been defeated may be brought back before council for action. 10. Mayor Beasley Closed Workshop Meeting and reconvened Regular Meeting at 8:02 p.m. 11. Receive Report from the Fiscal Affairs Committee - Councilmember Engelken Committee member Engelken provided a report from the Fiscal Affairs Committee. 12. City Manager Ron Bottoms provided Administrative Reports for the following: June 22, 2009 - Fiscal Affairs Committee Meeting - 5:00 p.m. June 22, 2009 - City Council Meeting - 6:00 p.m. June 24, 2009 - Drainage and Flooding Committee Meeting - 5:00 p.m. June 24, 2009 - Planning and Zoning Meeting - 6:00 p.m. June 25, 2009 - Zoning Board of Adjustment - 6:00 p.m. June 30, 2009 - Census Count Committee - Council Chambers - 6:00 p.m. July 1,2009 - La Porte Area Water Authority Meeting - 6:00 p.m. -Public Works July 3, 2009 - 4th of July Holiday July 4, 2009 - 4th of July Parade - Main and Hwy 146 (Staging) between 9:00 a.m. - 10:00 a.m. Minutes of Regular Meeting and Workshop of the La Porte City Council held on June 22, 2009 Page 5 July 6,2009 - La Porte Development Corporation Board Meeting - 6:00 p.m. July 7,2009 - Wrecker Committee Meeting - Council Chambers - 2:00 p.m. July 13, 2009 - City Council Meeting - 6:00 p.m. July 16, 2009 - Harris County Mayor & Council Dinner - (location TBA) - 6:00 p.m. July 27,2009 - Fiscal Affairs Committee Meeting - 5:00 p.m. July 27,2009 - City Meeting - 6:00 p.m. 13. Council Comments - Leonard, Engelken, Mosteit, Rigby, Moser, Malone and Beasley A. Matters appearing on agenda B. Recognition of community members, city employees, and upcoming events C. Inquiry of staff regarding specific factual information for a recitation of existing policy 14. 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 (Consultation with attorney) Meet with City Manager and City Attorney to discuss Meet and Confer negotiations B. 551.072 (Deliberation regarding the purchase, Exchange, lease or value of Real Property) Meet with City Manager and City Attorney to discuss Port Theatre on Main Street Council retired to Executive Session at 8:11 p.m. Council returned to the table at 9:40 p.m. Council reconvened the Regular Meeting at 9:41 p.m. 15. Considerations and possible action on items considered in Executive Session. 16. Adjournment Being no further business, the meeting was duly adjourned at 9:42 p.m. Minutes of Regular Meeting and Workshop of the La Porte City Council held on June 22, 2009 Page 6 Respectfully submitted, ~cuJ4~ Martha Gillett, TRMC, CMC City Secretary Passed and approved on this ~day of July 2009. B 1h is J1e Y't1 /AJ~ l>vt- 0 -t d.. b-t 8T1rfF- N 0 a..&f-jo~ ~-e^ REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Source of Funds: N/A Account Number: N/A Report: _Resolution: _Ordinance: l Amount Budgeted: N/A Amount Requested: Exhibits: 1. Ordinance 2. Deed without Warranty 3. Area Map Budgeted Item: _YES -X....NO SUMMARY & RECOMMENDATION The City has received and processed an application from Mrs. Janice Crofoot to close a portion of the Street "E" right-of-way situated between Lot 2, Block 4 and Lot 1, Block 5 of the Pine Bluff Subdivision. The subject right-of-way consists of 1 ,498 square feet. The applicant desires to consolidate these lots with the right-of-way between them in order to facilitate development of a home on the property. The City's franchised utility companies have each reviewed the closing request and issued letters of no objection. Public Works' review of the closing has determined that existing water and sanitary sewer lines terminate within the area to be closed. These utilities will be abandoned in place upon approval of the closing ordinance. Staffs additional review of drainage in the area has concluded that the subject closing will have no adverse affect on current or future plans for drainage improvements in the area. In accordance with Section 62.35 of the Code of Ordinances, Staff has ordered an independent appraisal of the right-of-way to be closed. As a result, fair market value has been assessed at $5.00 per square foot for which the City has subsequently received payment from the applicant in the amount of$5,617.50 (75% of Fair Market Value per the ordinance). Action Required of Council: Consider approval of an ordinance vacating, abandoning, and closing that portion of the Street "E" Right-of-Way situated between Lot 1, Block 5 and Lot 2, Block 4 of the Pine Bluff Subdivision as ested by the applicant. Ron Bottoms, City Manager lLib t1 Date 1h1s ~l~ tJ05 OK~'-t~ - rf!J a t:hlYl ~~ AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE STREET "E" RIGHT-OF-WAY, PINE BLUFF SUBDIVISION, LA PORTE, HARRIS COUNTY, TEXAS, AUTHORIZING THE EXECUTION AND DELIVERY OF A DEED TO THE ADJOINING LANDOWNER, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. . '3153 ORDINANCE NO. 2009- WHEREAS, the City Council of the City of La Porte has been requested by the record owner of all of the property abutting the hereinafter described portion of the Street "E" Right-of- Way, Pine Bluff Subdivision, La Porte, Harris County, Texas; to vacate, abandon, and permanently close the hereinafter described portion of the Street "E" Right-of-Way, Pine Bluff Subdivision, La Porte, Harris County, Texas; and, WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine, and declare that the hereinafter described portion of the Street "E" Right-of-Way, Pine Bluff Subdivision, La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the closing of the hereinafter described portion of the Street "E" Right-of-Way, Pine Bluff Subdivision, La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of the Street "E" Right-of-Way, Pine Bluff Subdivision, La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described portion of the Street "E" Right-of-Way, 2 Pine Bluff Subdivision, La Porte, Harris County, Texas, is hereby permanently vacated, abandoned, and closed by the City of La Porte as illustrated by Exhibit "AU attached hereto and made part of herein and described to wit: Being a 1,498 square foot tract of land and being the North portion of Street "E", between Lot 1, Block 5, and Lot 2, Block 4, of Pine Bluff Subdivision as recorded in Volume 40, at Page 244 of the Harris County Map Records, and being out of the W.P. Harris Survey, A-30, La Porte, Harris County, Texas, said 1,498 square foot tract of land being more particularly described as follows: BEGINNING at a ~" iron rod found for the southeast corner of Lot 2, Block 4, and being a point in the West right-of-way line Street "E", as recorded; Thence, North, coincident with the East line of said Lot 2, Block 4, and the West right-of-way line of Street "E", a distance of 50.00 feet to a 5/8" iron rod with cap set for the Northeast corner of said Lot 2, Block 4, said point being in the North line of Pine Bluff Subdivision and the South line of Lot 6, Crescent View Subdivision as recorded in Volume 655, at Page 359, of the Harris County Deed Records; Thence, East, coincident with the North line of Pine Bluff Subdivision and the South line of Lot 6, Crescent View Subdivision, a distance of 29.96 feet (Call 30.0 feet) to a 5/8" iron rod with cap set for the Northwest corner of said Lot 1, Block 5, Pine Bluff Subdivision; Thence, South, coincident with the West line of said Lot 1, Block 5, and the East right-of-way line of Street "E", a distance of 50.00 feet to a ~" iron rod found for the Southeast corner of said Lot 2, Block 4, returning to the POINT OF BEGINNING. As a condition of passage and approval of this ordinance, the existing public water and sanitary sewer mains located wi thin the above-described right-of-way shall be abandoned in place by the City. 3 Section 2. The City Council officially finds, determines, reci tes, 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 Ci ty 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 subj ect 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. 4 PASSED AND APPROVED THIS 13TH DAY OF JULY 2009. CITY OF LA PORTE By: ATTEST: ~- fYIflrxh~ {? L/htitf Martha Gillett, City Secretary APPROVED: ~M Knox W. Askins, City Attorney EXHIBIT "A" TO ORD. 2009 - 6 3 STREET 'E~ ASP HAL T PVM'T. . 190.00' f'ND. NCRTH-190,14' 5 ~ ~ ~,). ~"? ~ " ' 2 ~ e ~ ~ S Co') i ~ ~ 6 " :::: "Il ~. .... 10 ~ <-I ifi 0< r- ~c t:l ~ "'-1 =< ;;OC ;]>;;0 3 ~ ~ 1"'1 ~-< 2 1 1 +.- S! 11l.3' ., r- .... ~ ~ ..., ~ ~ '" ~~ ~~ "l - .. EZc) DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: July 13, 2009 Grantor: City of La Porte, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: Sterling Trust Company, Custodian FBO: Janice Crofoot IRA# 074280 Mailing Address: 7901 Fish Pond Rd., Waco, TX 76710-1013 Consideration: Ten and NO/100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements) : Being a 1,498 square foot tract of land and being the North portion of Street "E", between Lot 1, Block 5, and Lot 2, Block 4, of pine Bluff Subdivision as recorded in Volume 40, at Page 244 of the Harris County Map Records, and being out of the W.P. Harris Survey, A-30, La Porte Harris County, Texas, as generally illustrated on Exhibit "A" attached herein and made part hereof, and more particularly described by metes and bounds on Exhibit "B" attached hereto, containing a total of one thousand four hundred ninety-eight (1,498) square feet, which Street Right-of-Way was vacated, abandoned, and closed by City of La Porte Ordinance No. 2009- , passed and approved by the city Council of the City of La Porte on July 13, 2009. Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all warranties that might arise by common law and the warranties in ~5. 023 of the Texas Property Code (or its successor) are excluded. City of La Porte By: Ron Bottoms, city Manager Attest: 'f!1 d(ji4JJ. ## Martha A. Illett city Secretary ~ed: ~~~ W. As&ns I City Attorney 41' 1h 15 "1-e m wAS pIA.. l/-ed . ~O a.oI\t>~ i-ct.l:en. STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ This instrument was acknowledged before me on the day of , 2009, by Ron Bottoms, city Manager of the City of La Porte, a municipal corporation. Notary Public, State of Texas AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 ASKINS & ASKINS, P.C. P.O. Box 1218 La Porte, TX 77572-1218 6 ~ ~.~ ~~~ ~ ~7." 3 2 ~ i ~ ~ ~ M "" ~ .... Q .8 ~ .. ~. ~., (C'. \ STREET 'E~ ASPHALT PVM'T, 190.00' F'ND. NCRTH-190,14' ::::: I'\! n ... S1 e' ~ lo ~" :a;:-4 ffl ~ c< c cc r t:::l", M = ..,-4 ~ C'l ;00 ~ :J> :1>;0 "-t r.1 x..; r. ~ 1"1 ." ~ 3 ~ 2 "" 1 n 1 c 1:- ;r lD.3' Ci! '" ... C) b ~ <'" ~ ~!:l ",. "U~ ~ 6 ~~ n ~~ ~ ii ii ff ~ZQ EXHIBIT nAn " 00 i , METES L.J BOUNDS DESCRIPTION c'':', { :> .;tO~",~~r~ S'r'RES'l' I"'L.:JSING Being a 1,498 square foot tract of land and being the!- North portion of Street llEJI, between Lot I, Block 5, and Lot 2 I Block 4 I of Pine Bluff Subdivision as recorded in volume 40, at Page 244 of the Harris County Map RecordS J and being out of the W. P. Harris Survey, A-30, La Porte, Harris eounty, Texas, said 1,498 square foot tt"act of land being more particularlY described as follows:' BEGINNING at a 1/21t iron rod found for the South East corner of Lot 2 r Block 4, and being a point in the West right-of-way line of Street !tEll, as recorded; Thence J North, coincident with the East Une of said Lot 2, Bloclt 4 J and the West right-of-way line of Street "E", a distance of 50.00 feet to a 5/8" iron rod with cap set for the Northeast corner of said Lot 2, Block 4, said pOint being in the North line of Pine Bluff SUbdivision and the South line of Lot 6, Crescent View Subdivision as recorded in Volume 655, at paqe 359, of the Harris County Deed Records; Thenc&, East, coincident with the North line of Pine Bluff Subdivision and the South line of Lot 6, Crescent View SUbdivision, a distance of 29.96 feet (Call 30.0 feet) to a SIgn iron rod with cap set for the Northwest corner of said Lot 1, Block 5, Pine Bluff Subdivision; Thence, South, coincident with the West line of said Lot 1, Block 5, and the East right-of-way line of Street "E", a distance of 50.00 feet to a 1/211 iron rod found for the Southwest corner of said Lot 1, Block 5; Thence J west T crossing street flEII, a distance of 29.96 feet (call 30.0 feet), to a 1/2" iron rod. found for the Southeast corner of said Lot 2. Block 4, retu:rn.ing to the FOIN'l' OF BEGINNING. PREPARED FROM A SURVEY OF LOT 1, BLOCK 5, BLOCK 4, OF PINE BLUFF SUBDIVISION. 00 EXHIBIT DBn EXHIBIT 3 - AREA MAP N W~E .~ S c REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: Michael Dolbv CPA Department: Finance Report: Resolution: Ordinance: Exhibits: Ordinance xx Exhibits: Excerpt from FY 2009 Adopted Budget & Amended Budget (Exhibit A & B) Source of Funds: N/ A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Appropriation Budgeted Item: YES NO Exhibits: Explanations / Backup for Amendment SUMMARY & RECOMl\1ENDATION 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 Food Street Maintenance Sales Tax Fund Community Investment HotellMotel 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 Previously Original Budget Amended 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 $ 37,836,738 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 Proposed Amended Budget $ 37,836,738 7,629,005 * 738,695 950,725 551,249 * 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 $ 96,628,020 Action Required bv Council: Adopt Ordinance Amending Fiscal Year 2008-09 Budget for: A. $40,000 in the Hotel/Motel Fund for a professional services agreement with Clark Condon and Associates for a Community Center Conceptual Design. This item was on the June 22nd Agenda. $54,600 in the Grant Fund for a security/access control system at the Municipal Court Building. The ding w' 1 me from the Court Security Funds. j/8 ~~ Date ORDINANCE NO. 31SLf 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 ofthe 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 JJ'!aay of GU iy . 2009. ATTEST: ~j:ti/lL~ Ma ha Gillett, City Secretary AP.PP.50~: (/i 0 r ~ Clark 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 HoteI/Motel 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 Infrastructure 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 Governmental Fund Types: General Fund 33,932,114 37,836,738 Grant Fund 7,213,350 7,629,005 Street Maintenance Sales Tax 786,440 738,695 Community Investment 264,701 950,725 HotellMotel Occupancy Tax 583,575 551,249 Section 4B Sales Tax 1,647,506 4,469,935 Tax Increment Reinvestment 1,519,774 1,435,775 Total Governmental Types 45,947,460 53,612,122 Enterprise: Utility 8,416,067 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 11,144,057 11,827,902 Internal Service Motor Pool 2,110,144 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 Capital Improvement: General 10,684,213 11,181,965 Utility 655,850 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 Infrastructure 17,282 Total Capital Improvement 11,688,172 17,421,249 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 80,182,438 96,628,020 REQUEST FOR CITY COUNCIL AGENDA ITEl\1 Agenda Date Rcquested: June 22, 2009 Requested B)': ROll Bottoms Budl!et Source of Funds: 037-5004 DClllu.tmcnt: Administ.-atioll Account Numbcr: RCllort: Resolution: Ordinance: Amount Budgetcd: 0 Cla1'l{ Cmulon lll"Opo.sal Amount Rcquested: ,10,000 Exhibits: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION During the recent council budget retreat, the council directed staff to pursue all of our options regarding a community center. To this end, we have met with, and received a proposal fi'om (see attached), representatives with Clark Condon and Associates, who developed the County's Sylvan Beach Park platl. The proposal calls for development options to include cost estimates. I recommend utilizing the Hotel/Motel n.md for the cost of these services. Action Required bv Council: Recommend approval of a professional services agreement with Clark Condon and Associates for a unity Center Conceptual Design for $35,000, reimbursement expenses of$5,000, and a roving budget amendment in the amount of $40,000. t. /I~;:" Date A CLARK CONDON ASSOCIATES :.x~4.:;~(.:......)~t .I',J~.(.~fi r!.l.~-;tf:n June 9, 2009 Mr. Ron Bottoms City Manager city of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 Re: Sylvan Beach Community Center Conceptual Design Dear Mr. Bottoms: We are pleased to make this proposal for landscape architectural design associated with the Sylvan Beach Park, particularly, a design for a new community center. For the purposes of this proposal, you will be referred to as the Client and Clark Condon AssocIates, Inc. as the Landscape Architect. SCOPE OF WORK - Our firm along with an architecture sub-consultant will prepare site planning options that will accommodate a new community center. The plans will keep in mind the previous Master Plan prepared for Harris County Precinct Two. It is our intent to maintain the overall concepts and ideas generated in the Master Plan, but not to be limited by the specific site plan. In addition to the site planning exercise, we will explore several optional locations for a new community center along with site plans that relate to the various locations. The sieps to accomplish this work are outlined below: PART I 1. Review any previously prepared studies for the site, in addition to proposed plans for downtown revitalization project, improvements to San Jacinto Street and how those projects may relate to Sylvan Beach. 2. Prepare a site analysis of the site (including recently purchased lands) that will outline opportunities and constraints of the site and the immediate surrounding areas. The plan wi!! also illustrate proposed beach enhancement project. 3. At this point the consultant team will prepare a series of plans that H1ustrate options for a communily center location and general footprint. The plans will be schematic in nature and will indicate general improvements, such as drives, parking, and aspects from park master plan as appropriate. We expect 5 or 6 options at this level of development. 4. Following review of initial site plans with the client, the consultant team will refine the ideas and develop 2 to 3 options with more detail and suitable for ~'')401 Sf~lk, Un!! R.:,cd Hev",to",. T#>:(,,,, 77<:'~5 re:(.. 7~s.a:711.,'~1.4 fAX 113.<~71 (,e~~~i \',ww.dcrl.:<:Ol'ldf:''''.-com presentations to stakeholders (stakeholder meetings estimated at 4 for the purposes of this proposal). Included in this will be review meetings with Commissioner Garcia and Precinct Two staff. 5. The goal for this part of the scope is to define the general square footage of a community center. the program and the location of the community center and related site amenities. The graphics will be in plan format for this Part I of the scope. PART II 1. Following completion of Part I and finalization of 1 to 2 options, the team will develop prellminary floor plans and elevations for a community center and other key site amenities as appropriate to explain the overall intent of the design. Graphics for this aspect of the scope will be in rendered plans. sketches and elevations drawings. 2. The consultant team will prepare cost estimates for a community center and related amenities. 3. Professional 3 0 renderings will be offered as an optional service under the fee section. SCHEDULE - Part I and Part II will be completed within 6 weeks of Notice to Proceed. FEE - The total fee for this project will be billed hourly to a maximum based upon the estimated time for professional services, plus reimbursable expenses. Basic Services Part I Part II $15,000.00 $20,000.00 $35,000.00 Total Basic Services Optional Services Professional 3D Rendering Estimated Reimbursable Expenses $5,000.00 $5,000.00 EXCLUSIONS TO THE CONTRACT 1. Surveying services. If these services are needed we will submit an additional services proposal or this information may be provided by the Client. 2 REIMBURSABLE EXPENSES - The Client shall pay the Landscape Architect for the cost of out of town travel expenses, mileage, printing, and other directly related costs. All expenses will be billed at cost plus 10%. EXTRA SERVICES - Additional services, if requested by the Client, will be considered as extra services and be billed hourly at the rates listed below. Principal Senior Associate Project Manager Assistant Project Manager Project Staff Administrative $150.00/hour $115.00/hour $100.00/hour $75.00/hour $65.00Ihour $55.00/hour BILLING - Billing shan be monthly based on the portion of the total estimated fee. Invoices shall be due upon receipt. Clark Condon Associates, Inc. reserves the right to charge the amount of interest allowable under the current laws of the state of Texas on any invoices not paid within thirty (30) days. JURISDICTION - The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as landscape architects in Texas. The Board may be reached at the followin9 address: Texas Board of Architectural Examiners P.O. Box 12337 Austin, TX 78711-2337 (512) 305-9000 - Phone 1(512) 305-8900 Fax TERMINATION -If the Client should decide to terminate this Agreement, he shall give Clark Condon Associates seven (7) days written notice and shall pay for all services rendered to the date of termination. Clark Condon Associates, Inc. reserves the right to terminate this contract upon fifteen (15) days notice if any amount billed to client is sixty days past due. I appreciate the opportunity to submit this proposal to you and look fOlWard to working with you. Sincerely, jJ~ fl ~~'----. Sheila M. Condon. FASLA President I Landscape Architect APPROVED: DATE: 3 McDONALD ELECTRIC (.'ONrrtA(;:O/-.l,c,.. fN(1/.f\lffHS June 23, 2009 Turner Construction Co. 4263 Dacoma Houston, TX 77092 Attn. Michael Grindel Re: La Porte Municipal Court Bldg Security Price Michael, The value of the security/access control system for this project is Labor Material Total $2,350.00 52.250.00 $54,600.00 If I can be offurther assistance, please do not hesitate to contact me. Sincerely, Bill McCall Estimator I Project Manager fDe:e:1fflelworll\TumMl.aporte.seeurilyBteakOUI.062309.doc 5044 TIMBER CREEK, HOUSTON, TX 77017 (713) 921-1368 FAX (713) 928-2569 B D REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Reqnested: Jnl(jr9Qr Requested By: Tim Tietiens .... Department: Planninl! Source of Funds: N/A Account Number: N/A Report: _Resolution: _Ordinance: -L Amount Budgeted: N/A Amount Requested: N/A Exhibits: 1. Ord. for Industrial District Agreement 2. Industrial District Agreement 3. Ordinance for Water & Sewer Agreements 4. Water Service Agreement 5. Sanitary Sewer Service Agreement 6. Area Map Budgeted Item: _YES ~NO SUMMARY SBS Fairmont Parkway, Ltd. has approached the City for water and sanitary sewer service to its proposed development, "John Crane, Inc." at 4001 Fair Drive located in Bayport North Industrial Park II of the Bayport Industrial District. This project is to relocate and expand the John Crane facility in Webster, Texas to a new 65,000 square foot facility in La Porte. The company designs and manufactures seals and associated products for the oil & gas, chemical, pharmaceutical, pulp & paper and mining sectors. The company's location in Bayport will consist of sales, service, and repair as well as research and development. The company brings with it 85 new jobs to the La Porte area. Council has approved a policy to provide limited water and sanitary sewer service to companies located within the City's industrial districts. These companies must execute and maintain a current Industrial District Agreement with the City. SBS Fairmont Parkway's site is located within the Bayport North Industrial Park II which is currently covered by IDA No. 2007- I DA-O 17. However, the company will execute a new site- specific IDA for its subject property (Re: 2007-IDA-115). Based on the company's stated demand for domestic water and sanitary sewer needs, its average daily demand will be 4,250 gpd. This amount is well within the policy's maximum limit of 30,000 gallons per day. Under the terms of the policy, the company will pay one and one-half (1-%) times the City's current utility rate. Additionally, SBS Fairmont Parkway is subject to a one-time administrative fee associated with its Water Service Agreement (WSA) and Sanitary Sewer Service Agreement (SSSA). Total payment in the amount of $17,000 ($8,500 per agreement) has been received by the City. The terms of the company's WSA and SSSA will expire on December 31, 2019, plus any renewals and extensions thereof. However, both agreements shall automatically expire at such time as there is no effective IDA between the parties or, if the city exercises the right of termination. ACTION REQUIRED OF COUNCIL ve an ordinance authorizing the City Manager to execute an Industrial District Agreement, a Water Service Agreement, Sanitary Sewer Service Agreement with SBS Fairmont Parkway, Ltd. Ron Bottoms, City Manager ,/6 k , Date ORDINANCE NO. 2007-IDA-115 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH SBS FAIRMONT PARKWAY, L TO, TEXAS LIMITED PARTNERSHIP FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEROF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. SBS Fairmont Parkway, L TD Texas Limited Partnership has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2008, and ending December 31, 2019, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the Assistant City Manager, the City Secretary, and the City attorney of the City of La Porte, be and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. 1 PASSED and APPROVED, this day of July 2009. CITY OF LA PORTE ATTEST: Lfn. fJJtiJL ~d Martha Gillett, City Secretary APPROVED: zft:,; trJ6t.; Knox Askins, City Attorney 2 NO. 2007-IDA-jlr:) ~ ~ STATE OF TEXAS ~ ~ COU!r.rY OF ~IS ~ I:BDUSTRIAL DI:STRI:CT AGRBBIIBBT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Barris County, Texas, hereinafter called "CITY", and SBS Fairmont Parkway, Ltd. , a Texas limited partnership corporation, hereinafter called "COMPANY", WIT N E SSE T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its pOlicy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the -Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial juriSdiction as the uBayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances. being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land"); and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: FDT.AL DDI'TI lTovUlber 1, 2007 1 NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows: I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land 100 I wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or jUdicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by city, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" 2 payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of city's selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. The properties upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection C, of this Paragraph III (sometimes collectively called the "Property") ; provided I however, poll ution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. Property included in this Agreement shall not be entitled to an agricultural use exemption for purposes of computing "in lieu of taxesll hereunder. B. On or before the later of December 31, 2008, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2019, Company shall pay to City an amount of "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year") . C. Company and City agree that the following percentages ("Percentage Amountll) shall apply during each of the Value Years: Value Year 2008: 62% Value Year 2009: 62% Value Year 2010: 62% Value Year 2011: 62% Value Year 2012: 62% Value Year 2013: 62% Value Year 2014 : 63% Value Year 2015: 63% Value Year 2016: 63% Value Year 2017: 63% Value Year 2018: 63% Value Year 2019: 63% Company taxes" personal of: agrees to pay to City an amount of "in lieu of on Company's land, improvements and tangible property in the unannexed area equal to the sum 3 1. Percentage Amount of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 2008, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such Land and improvements to which subparagraph 2, below applies), had been within the corporate limits of City and appraised each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2007, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Years following completion of construction in progress, an amount equal to Twenty-five percent (25%), if construction is completed in Value years 2008 through 2013; and Twenty percent (20%), if construction is completed in Value years 2014 through 2019, of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. In the case of new construction which is completed in Value Year 2016 or later, and provided, further, that City and Company enter into an Industrial District Agreement after the expiration of this Industrial District Agreement, then, and in such events, such new construction shall be entitled to additional Value Years under the new Agreement at a Twenty percent (20%) valuation under this subparagraph (a), for a total of six (6) Value Years, but not extending beyond Value Year 2022. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2007; or ii. a cumulative value of at least $3,500,000.00. 4 For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value established on January 1, 2007, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2007, value; and 3 . Percentage Amount of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, (including inventory in a federal Foreign Trade Zone and including Freeport exempted inventory), oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2008, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such tangible personal property to which subparagraph 2, above applies), had been within the corporate limits of City and appraised each year by the City'S independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. with the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. 4. Notwithstanding the above, should City elect to grant the freeport inventory exemption authorized by Article VIII, Section 1-j of the Texas Constitution and Section 11. 251 of the Texas Property Tax Code to taxpayers within the City limits, then the freeport inventory exemption shall apply to parties to this Agreement. Further, should inventory or any other class or type of property become exempt from taxation by constitutional amendment or act of the Texas Legislature (including, but not limited to, Article VIII, Section 1-n, of the Texas Constitution and Section 11.253 of the Texas Property Tax Code), such class or type of property shall be exempt for purposes of this Agreement, unless the City Council of the City of La Porte shall by Ordinance provide for the continued taxation of such property under the authority of any applicable provisions of the Texas Constitution and Texas Statutes. 5 5. City and Company acknowledge circumstances might require the City to provide emergency services to Company's Property described on Bxhibit "An attached hereto. Emergency services are limited to fire, police, and public works emergency services. If Company is not a member of Channel Industries Mutual Aid Association (ClMA), Company agrees to reimburse City for its costs arising out of any emergency response requested by Company to Company's property, and to which City agrees to respond. If Company is a member of ClMA, the obligations of Company and City shall be governed by the ClMA agreement, to which agreement City is a party. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2008, and continuing thereafter until December 31, 2019, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2019, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the state of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. v. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and 6 Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, and except as otherwise provided in Article VI (B), Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to City in accordance with the foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make paYment to City of any additional paYment due hereunder, or City shall make payment to Company of any refund due, as the case may be, based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) calendar days of receiving City's invoice, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" paYments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI (B) . Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's written valuatione statement submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 7 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the U.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to jUdicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas Civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any 8 existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In the event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application. thereof to any person, firm, corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. XII. Notices by a party to the other party hereto, shall be mailed or delivered as follows: To the City of La Porte: City Manager City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 To Company: SBS Fairmont Parkway, Ltd. Attention: Rob Bryant 2810 Revere Street Houston, Texas 77098 Company shall promptly notify City of any change of ownership of Property, any assignment of this Agreement, and of any change of billing address. Company shall notify city annually, on or before June 1, of any changes to the following information: 9 Plant Manager Name: Dale Fadner Address: John Crane Inc. 4001 Fair Drive Pasadena, Texas 77507 Phone: Fax: Email: dfadner@iohncrane.com Tax Agent/Billing Contact Name: Same as above Address: Phone: Fax: Email: ENTERED INTO effective the 1st day of January, 2008. SBS Fairmont Parkway, Ltd., a Texas Ii ited partnership By: Robert E. Bryant, r. President of Robert E. Bryant, Jr., Inc., General Partner of SBS Fairmont Parkway, U 2810 Revere Street Houston, Texas 77098 Address: ATTEST: ,I d o!J4- C~ary e P.O. Box 1218 La Porte, TX 77572-1218 281.471.1886 281.471.2047 fax knoxaskins@comcast.net CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 10 STATE OF TEXAS 9 9 COUNTY OF HARRIS 9 This instrument was acknowledged before me on the 16th day of June, 2009, by Robert E. Bryant, Jr., President of Robert E. Bryant, Jr., Inc., General Partner ofSBS Fairmont Parkway, Ltd., a Texas limited partnership, on behalf of said entity. 1 instrument was acknowledged before me on the ~ day of , 200~, by ~ :!~' Mayor of the CJ.ty of La municipal corporj'ti n, n P ~eAbalf of said entity. f-!:)6L,,' 1-. ~ ~ Notary PublJ.c, State 0 Texas ~\\\I\\1I111111111i1/1111. ~,~\\\~ N N E F ~/III~ ~ .., ~ ........../~~ ~ :'::' .,,,,.' y '. </\ ~ $ V:J'V.... ~~ P tI .... v % ~ .. o~*#~ '.~ ~ I /z '0\ \ ~:.~ ;>;~ * '. ~I'(:' <~-t:..' ~ ~ " OF \ .0 ;::: ~ .....~~PIRE.~..... $ ~ /0 ....... \" ~ ~ ,'12 1'\('\ ~ :',flllll. < _ ~ V \\\\,~ ~111/1/1'"II1\\\\l1I1I STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ This JU ''I- Porte a e~!.L': ROBIN R. ELDRIDGE :. ~.... MY COMMISSION EXPIA!8 "':' July 16, 2010 11 -EXHiBiT All (Metes and Bounds Description of Land) 12 TRACT 1 METES & BOUNDS DESCRIPTION 5.9035 ACRES OUT OF RESTRICTED RESERVE "B" BAYPORT NORTH INDUSTRIAL PARK /I HARRIS COUNTY, TEXAS All that certain 5.9035 acres of land being out of Restricted Reserve "B", Bayport North Industrial Park II according to the plat thereof filed at Film Code No. 625094, Harris County Map Records, also being out of that certain called 187.6711 acre tract of land described in a deed dated 12-04-2006 from Tuffli Company, Inc. to Bayport North Industrial Park II, Ltd. filed for record in the Official Public Records of Real Property of Harris County, Texas, at Clerk's File No. 20060239193 being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8" iron rod with cap located in the west end of a 20' cut back line for the east right-of-way line of Fair Drive (60' wide) at its intersection with the south right-of-way line of Fairmont Parkway (250' wide), and being the southerly northwest corner of said Reserve "B"; THENCE N 41050' 09" E - 28.28', with the said cut back line to a found 5/8" iron rod with cap for corner; THENCE N 860 50' 09" E - 447.08', with said south right-of-way line of Fairmont Parkway to a set 5/8" iron rod with cap for corner; THENCE S 01056' 14" E - 591.00' to a set 5/8" iron rod with cap for corner; THENCE S 88003' 46" W - 405.21' to a set 5/8" iron rod with cap marking the said east right-of-way line of Fair Drive; THENCE N 010 56' 14" W - 77.69', with said east right-of-way line to a found 5/8" iron rod with cap marking the Point of Curvature of a curve to the left having a central angle of 190 37' 17", a radius of 530.00' and a chord bearing of N 11044'53" W - 180.62'; THENCE continuing with said curve for an arc distance of 181.50' to a found 5/8" iron rod with cap for a Point of Reverse of a curve to the right having a central angle of 18023' 40", a radius of 470.00' and a chord bearing of N 12021 '41" W - 150.24'; THENCE continuing with said curve for an arc distance of 150.89' to a found 5/8" iron rod with cap marking the Point of Tangency; THENCE N 030 09' 51" W - 157.61', with said east right-of-way line, to the POINT OF BEGINNING and containing 5.9035 acres (257,157 square feet) of land, more or less. Compiled from survey by: PREJEAN & COMPANY, INC. Surveying / Mapping 256-4-14.mb 11-11-2008 Revised: 12-11-2008 REXH:IBIT B" Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) 13 -EXHIBIT en Page 1 of 3 ROLES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or State Highway 146 shall pe subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit nAn which is adjacent to Fairmont Parkway, State Highway 225, or state Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions: · One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. · Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. · One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. . Freestanding identification signs for businesses shall not exceed 350 square feet. multiple · Freestanding identification signs shall not exceed 45 feet in height. · Minimum setback for sign construction shall be ten (10) feet from property lines. 2. When Land adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be screened by one of the fOllowing techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. 14 nBXHl:Bl:T en Page 2 of 3 b) The use of earthen berms with approximately 3: 1 side slopes, 50 I wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items band c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the SOl strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50' landscape easement is not available or practical, Company shall meet with City to determine a suitable landscaping alternative. d) In the case of land contiguous to Fairmont Parkway, in addition to the other requirements of these Rules and Regulations, Company shall dedicate to City by Plat a ten foot (10 I) wide pedestrian and bicycle easement, extending along Company IS Fairmont Parkway boundary, within the fifty foot (50' ) landscape easement. The pedestrian easement shall not be within any pipeline facility, except for necessary crossings. 3. Driveways opening from said strip of land onto state Highway 225 or State Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City'S Code of Ordinances, whichever is more restrictive. Driveways opening from said strip of Parkway shall be subj ect to the rules Harris County and provisions of the Ordinances, whichever is more restrictive. land onto Fairmont and regulations of Cityl s Code of 15 nEXH~B~T C. Page 3 of 3 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City. 16 ORDINANCE NO. 2009- ~~ AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND SBS FAIRMONT PARKWAY, LTD.; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by the reference. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Manager is hereby authorized to execute said contact, agreement, or other undertaking described in the title of this ordinance. 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 subj ect 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. ORDINANCE NO. 2009- 3\50' PASSED AND APPROVED, this \~ ATTEST: "if!!l/f0tJLf1dtl City Secretary APPROVED: ~1/~ Knox W. Askins City Attorney PAGE 2 day of ~, 2009. CITY OF LA PORTE By: 1 STATE OF TEXAS ~ COUNTY OF HARRIS ~ WATER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and SBS FAIRMONT PARKWAY, LTD., a Texas Limited Partnership, hereinafter called "COMPANY". I. CaMP ANY is the owner of certain real property, which is situated in CITY'S Bayport Industrial District and not within the corporate limits of the CITY. CITY and CaMP ANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing potable water from CITY for usual human domestic consumption and uses. Previous planning considerations for the long-range potable water supply of CITY did not include the needs of property located outside the city limits of CITY. CaMP ANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to CaMP ANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: III. CaMP ANY has made certain representations to CITY as to its number of employees, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. Upon review ofthese representations, the City has determined the following: 2 Number of Company Employees on site 85 Number of Contract Employees on site o Total on-site Employees 85 Potable Water Approved for Domestic Use Total on-site Employees times 50 gpd per employee) 4,250 Total Amount of Potable Water Approved for Company (Average Daily Demand, gpd) 4,250 IV. CITY has determined that adequate facilities are available for CITY to furnish potable water to COMPANY based on the following terms and conditions, to-wit: (A) Company shall pay to CITY a one-time administrative connection charge of$8,500.00. (B) COMPANY shall file an application for water service with CITY'S Utility Billing Division and pay appropriate deposit and water meter charge. CITY shall be responsible for furnishing and installing meter at Company's expense. COMPANY shall be responsible for installing appropriate meter box to be approved by City. (C) The total amount of potable water approved (average daily demand) is established at Four Thousand Two Hundred Fifty (4,250) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (D) The average monthly demand of One Hundred Twenty Nine Thousand Six Hundred Twenty Five (129,625) gallons is established by multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate service billings. (E) The cost of water up to the average monthly demand of One Hundred Twenty Nine Thousand Six Hundred Twenty Five (129,625) gallons shall be one hundred fifty percent (150%) of the 3 CITY'S rate as established from time to time for commercial customers inside its corporate limits. (F) The cost of water for amounts used in excess of the established average monthly demand shall be two hundred percent (200%) ofthe CITY'S rate as established from time to time for commercial customers inside its corporate limits. (G) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of One Hundred Twenty Nine Thousand Six Hundred Twenty Five (129,625) gallons per month. Repeated consumption greater than the established average monthly demand may result in termination of service. (H) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (I) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (J) The total cost for the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMP ANY. (K) COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of potable water to customers within the corporate limits of CITY. (L) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of potable water to COMP ANY. 4 (M) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross-connections. (N) The potable water supply system will be segregated from any existing and future COMPANY fire protection system. (O)There shall be no resale of the water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (P) COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. COMPANY'S development may be subject to certain additional requirements as described in Exhibit "A", attached. These requirements shall be shown on the site plan and approved by CITY. (Q)CITY does not guarantee its water system will provide specific water pressure and/or water volume requirements of COMPANY. (R) COMPANY is responsible for design of adequate and appropriate systems for fire suppression systems to its facilities. V. All expenses associated with installation of the meter; service lines from the main to the meter; and from the meter to COMPANY'S facilities, shall be solely at the expense ofCOMP ANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. 5 CITY shall own the meter. VI. CITY shall retain ownership and maintenance responsibility for its water meter(s). In the event a State or Harris County license, permit, or permission to install the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of ingress and egress at all reasonable times for the purpose of reading, maintenance, installation, removal and/or relocation of its water meter(s) and for inspection of COMPANY'S water facilities in order to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation ofthe terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another water supply. If the transition is not complete within said six-month period, CITY shall have the right to terminate water service at its sole discretion. X. In the event of any conflict between the terms and prOVlSlons of this Water Service 6 Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Water Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall terminate on December 31,2019. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right oftermination. ENTERED INTO and effective the 1&1'-- day of (f V.Jy , 2009 SBS FAIRMONT PARKWAY, LTD., a Texas limited partnership ~ Signature: , Name: President of Robert E. Bryant, Jr., Inc., Title: General Partner of SBS Fairmont Parkway, Ltd. Address: J,e,/tJ ~bve ~~~/7k ?7t:>7fJ CITY OF LA PORTE ATTEST: ~~ Q.(4UsJJJ Martha A Gillett ::...~..s-:.:: _ j c~ . iJ ~ Knox W. Askins City Attorney 7 Ron Bottoms City Manager City Attorney PO Box 1218 La Porte, TX 77572-1218 City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 Phone: (281) 471-1886 Fax: (281) 471-2047 Phone: (281) 471-5020 Fax: (281) 471-7168 8 This is EXHIBIT A, consisting of 1 page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY Dated~ CITy@7 ADDITIONAL REQUIREMENTS COMPANY f:iJ The Agreement is amended and supplemented to include the following agreement of the parties. CaMP ANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part ofthe consideration by COMPANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) STORM WATER PLAN: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMPANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. 2) BEAUTIFICATION EFFORTS: COMPANY shall submit a Landscaping Plan subject to approval by CITY. COMPANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water service. 1 STATE OF TEXAS ~ COUNTY OF HARRIS ~ SANITARY SEWER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and SBS FAIRMONT PARKWAY, LTD., a Texas Limited Partnership, hereinafter called "COMPANY". I. COMPANY is the owner of certain real property, which is situated in CITY'S Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to COMPANY. For and in consideration offumishing sanitary sewer service by CITY, the parties hereto agree as follows, to-wit: III. COMPANY has made certain representations to CITY as to its number of employees, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. 2 Upon review of these representations, the City has determined the following. Number of Employees on-site 85 Number of Contract Employees o Total on-site Employees 85 Sanitary Sewer Desired for Domestic Use (Total on-site times 50 gpd per employee) 4,250 Total Amount of Sanitary Sewer Approved by Company (Average Daily Demand, gpd) 4,250 IV. CITY has determined that adequate facilities are available to allow CITY to furnish sanitary sewer to COMPANY based on the following terms and conditions, to-wit: (A). Company shall pay to CITY a one-time administrative connection charge of$8,500.00 (B). COMPANY shall file an application for sanitary sewer service with CITY'S Utility Billing Division and pay appropriate deposit. (C). The average daily demand is established at Four Thousand Two Hundred Fifty (4,250) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (D). The average monthly demand is calculated to be eighty-five percent (85%) of the average daily demand multiplied by a factor of30.5, which shall be used to facilitate service billings. (E). The cost of sanitary sewer service up to the average monthly demand of One Hundred Ten Thousand One Hundred Eighty One (110,181) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. 3 (F). The cost of sanitary sewer service for amounts in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of One Hundred Ten Thousand One Hundred Eighty One (110,181) gallons. Repeated sanitary sewer delivery greater than the established average monthly demand may result in termination of service. (H). COMPANY agrees that during periods when the CITY'S collection system is surcharged, the CITY may require the suspension of use of the sanitary sewer system for periods not to exceed thirty-six hours. (I). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to COMPANY if an emergency arises and there is not an adequate sewer collection or treatment capacity to meet the needs of the citizens of La Porte. (J). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article II of the Code of Ordinances) and any subsequent amendments or revisions. (K). The total cost for the engineering design and construction of any sanitary sewer main, service line, lift station, meter or other required appurtenances will be the responsibility of COMPANY. (L). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of sanitary sewer service to customers within the corporate limits of CITY. (M). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing 4 inspectors shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to COMPANY. (N). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (0). COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development project may be subject to certain additional requirements as described in Exhibit "A", attached. These requirements shall be shown on the site plan and approved by City. V. All expenses of the installation of service lines from the main to the CO MP ANY'S facilities shall be solely at the expense of COMP ANY. COMPANY shall own and maintain all service lines and plumbing facilities. VI. In the event a State or Harris County license, permit, or permission to install the sanitary sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notifY COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation ofthe terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the 5 integrity of the public sanitary sewer system is threatened. IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another sanitary sewer service provider. If the transition is not complete within said six-month period, CITY shall have the right to terminate sanitary sewer service at its sole discretion. x. In the event of any conflict between the terms and provisions of this Sanitary Sewer Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Sanitary Sewer Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall terminate on December 31, 2019. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right oftermination. ENTERED INTO effective the ~ day of J (,t '1 .2009. SBS FAIRMONT PARKWAY, LTD., a Texas limited partnership Signature: Name: President of Robert E. Bryant, Jr., Inc., Title: General Partner of SBS Fairmont Parkway, Ltd. Address: 7i'IP 12weA-.t sf. ~ ~~/ i7 77c.,.e 6 CITY OF LA PORTE ATTEST: CITY OF LA PORTE APPROVED: / , t2?t# ttldf1~ Knox W. Askins . City Attorney ~; J,/kI M a A. G1l1ett City Secretary 7 This is EXHIBIT A, consisting of I page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY Dated 1/ B,1 01 COMPANY f2Ib ADDITIONAL REQUIREMENTS The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water and/or sanitary sewer to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by CaMP ANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) STORM WATER PLAN: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMPANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. 2) BEAUTIFICATION EFFORTS: COMPANY shall submit a Landscaping Plan subject to approval by CITY. CaMP ANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water service. 3) SAMPLING WELL: COMPANY shall install a sanitary sewer sampling well in accordance with CITY's standards. 4) INDUSTRIAL WASTE PERMIT: COMPANY shall submit application to CITY for industrial waste permit. 7 " (\ REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 7-13-09 ' ~(\~ Budl!et Requested By: Ken ArIco'\' Source of Funds: Department: Police Account Number: Report: X Resolution: Ordinauce: Amount Budgeted: Exhibits: Meet and Coufel' Agreement Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Management representatives of the City of La Porte and the La Porte Police Officers' Association have voluntarily met and reached agreement on the conditions of employment as set out in the attached agreement pursuant to the provisions of the Texas Local Government Code, Chapter 142 et. seq., Subsection B. The attached agreement has been voted on and approved by the membership of the La Porte Police Association and is now being presented to City Council for their consideration and approval. Action ReCluh'ed by Council: The attached agreement has been voted on and approved by the membership of the La Porte Police Association and is now being presented to City Council for their consideration and approval. Meet and Confer Agreement Between The City of La Porte And The La Porte Police Officers' Association Table of Contents Article Provision Page Definitions 3 Authority and Recognition 4 II Hiring Preemptions 5 III Wages 7 IV Incentive Pay 10 V Education 12 VI Physical Fitness 13 VII Compensatory Time 15 VIII Grievance Procedure 16 IX Duration 18 Signature Page 19 Attachment "A" 20 2 Definitions For the purposes of this agreement, the following definitions shall apply: A) "Accredited College or University" means one that is listed by an accrediting agency approved by the United States Department of Education, and as of result of that accreditation, offers courses that are "accredited" B) "Chief" means the Chief of Police of the La Porte Police Department or his designee. C) "City" means the City of La Porte, Texas. D) "Coveted position" as used in this Agreement means any position in the Department to which more than one sworn employee has expressed an interest in being assigned by the Chief. E) "Department" means the La Porte Police Department. F) "Employee" means a sworn Police Officer who is a member of the bargaining unit. G) "Employer" means the City of La Porte. H) "Officer" means any sworn Police Officer who is a covered by this Agreement. I) "Association" means the La Porte Police Officers' Association J) "TClEOSE" means the Texas Commission on law Enforcement Officers Standards and Education. K) "TlGC" means the Texas Local Government Code. Unless otherwise stated, it is understood and mutually agreed that masculine and feminine pronouns refer to, and include, both genders equally. 3 Article I Authority and Recognition 1} The City of La Porte and the La Porte Police Officers' Association have voluntarily met and reached agreement on the conditions set out in this agreement pursuant to the provisions of the Texas Local Government Code, Chapter 142 et. seq.} Subsection B. To the extent that this Agreement is in conflict with or changes Chapter 143} TLGC or any other statute} executive order} local ordinance} or rule} this Agreement shall supersede such provision, as authorized by Section 142.067 of the TLGC. 2) The City recognizes the La Porte Police Officers' Association as the sole and exclusive bargaining agent for all non-probationary Police Officers in the La Porte Police Department} excluding the Chief of Police and the Assistant Chiefs of Police. 4 Article II Hiring Preemptions 1) In adopting this Agreement} the parties recognize the need for more flexibility in the hiring process to meet the needs of the Department and believe it improves the selection process by allowing for the lateral hiring of experienced Police Officers} Certified Texas State Peace Officers} and/or otherwise qualified mature applicants. 2) Effective with the ratification of this Agreement} the City shall be allowed to fill vacancies in the entry level Police Officer classification by hiring experienced police officers and/or peace officers certified by TClEOSE without requiring these applicants to take a civil service exam. An applicant hired pursuant to this Article may be appointed directly to a pay grade/step commensurate with his/her level of experience; however applicants hired in this manner shall not receive any sort of longevity or seniority relating to promotional eligibility} shift bidding} payor other privileges of employment. Once a newly-hired Police Officer is placed in the appropriate pay grade/step} the Officer shall progress through the remaining steps of the pay scale on each anniversary date} so long as all eligibility requirements contained in this Agreement are met. To qualify for the lateral entry program} applicants must pass a physical fitness exam} a comprehensive background investigation} to include psychologicat polygraph} medical exam} drug screening and a 12 month probationary period. Applicants must additionally meet the following criteria: Education and Experience: Graduation from an accredited Police Academy. Licenses and Certificates: Possess a Basic Peace Officer license issued by TCLEOSE by the time of appointment. 5 3) Police Officers hired pursuant to this Article shall be compensated according to his or her total number of years of full time experience in law enforcement, up to a maximum of seven (7) years. The Chief of Police shall make the final determination of whether an applicant meets the criteria of the lateral Entry Program, and his decision shall be final and non- appealable to the Civil Service Commission or to any court. No rank will transfer. 4 Specifically, this Article preempts, to the extent of any conflict, all contrary State statutes, local ordinances, executive orders or civil service provisions as they relate to the hiring of the classification of Police Officer. More specifically, this Article pre-empts TLGC, Section 143.023 (c), and permits the Department to hire persons 45 years of age and above, provided that the person has five (5) years of cumulative active military service, or five (5) years of continuous service as a certified peace officer in the State of Texas by the estimated date of hire and can meet all other hiring criteria required for employment as a Police Officer with the City of La Porte. A person is not eligible to apply for a position as a Police Officer in the Department unless the person will be at least 21 years of age at the time of commission and meets minimum eligibility requirements for a Police officer as outlined in local civil service and TClEOSE rules. 5) To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and pre- empts those provisions as permitted by Chapter 142.067 of the Texas Local Government Code. In addition to the pre-emption noted in Subsection 4 above, this Article also pre-empts Sections 143.024, 143.025, and 143.026 of the Texas Local Government Code. 6 Article III Wages 1) The City of La Porte and the La Porte Police Officers' Association hereto agree that a Umarket approach" philosophy has been used as a guideline to determine appropriate wage scales for Officers of the Department. The definition of "markef' is the median salary for each pay grade for the Cities surveyed. In implementing this approach, the parties agreed to compare wage rates with Police Officers in comparative cities within the region. The parties agreed that Police Officers covered by this Agreement shall be compensated at the salary rates included in Attachment "A", which is incorporated into this Agreement, except as provided in Article III, Section 2. Upon ratification of this agreement by the Association and the City Council, the new wage scale shall be effective May 1, 2009 and will remain in effect until May 1, 2011. 2) Employees shall receive step increases on the anniversary of their appointment to their current rank. If an employee receives a less than satisfactory performance evaluation (anything below a 3), the employee will not receive a pay increase of any type (including lump sum payments referenced in Article III Subsection (4) and the current step increase will be held until the employee earns a satisfactory evaluation (3 or above). Once the employee's performance evaluation has been improved to a satisfactory rating, the employee shall be placed at the then-current step for his/her time in grade. If an employee receives an "exceptional" evaluation (above a 4), the employee will be moved up two steps on his/her anniversary date. Upon receiving the next evaluation, that employee shall be placed at the then-current step for his/her time in grade. This Section will not apply to any cost of living raises or pay scale adjustments. 7 3) If an employee receives a less than satisfactory performance evaluation! as outlined in this Article! the employee may appeal the performance evaluation according to the following process: A) All performance evaluation appeals shall be submitted by the affected employee to the Chief of Police in writing within seven (7) calendar days from the date that the employee receives the evaluation. B) The Chief of Police shall render a written decision to the affected employee within seven (7) calendar days of the date the appeal was received by the Chief of Police. C) If the Chief of Police upholds the performance evaluation! the employee may submit such evaluation appeal to the City Manager. Such appeal must be filed within seven (7) calendar days of the date the Chief of Police rendered or should have rendered a written decision. D) The City Manager shall render a written decision to the affected employee within seven (7) calendar days of the date the employee filed the appeal with the City manager. E) If the appeal remains unresolved! the employee or his/her representative may file the appeal to the civil service commission. The commission shall hear the appeal at their next regular scheduled civil service meeting. The City of La Porte and the affected employee or his/her representative may present witnesses! evidence and other relevant information to the civil service commission. The civil service commission shall render a decision as to the validity of the performance evaluation and such decision shall be final and binding upon all parties. 8 F) The time limitations described herein may be waived by mutual agreement in writing by the City of La Porte and the affected employee. G) It is the intent of all parties subject to this agreement that any aforementioned evaluation appeal be resolved at the lowest level possible. 4) Employees who have reached the last step of the wage scale and who have received a "satisfactory" performance evaluation of 3 or above, shall be paid a lump sum of one thousand dollars ($1000.00) each year on the anniversary of appointment to their current rank. Employees who have reached the last step of the wage scale and who have received an "exceptional" evaluation (above a 4L shall be paid an additional one thousand dollar $11000 bonusl for a total lump sum payment of two thousand dollars ($2,000), on the anniversary of appointment to their current rank. As is the case with other exceptional employees receiving additional performance based wage step incentives, the additional bonus provided to employees who have already reached the last step of the wage scale will be available to the employees a maximum of once every other year. 5) To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Government Code. This Article specifically pre-empts Sections 143.041(b) of the Texas Local Government Code. 9 Article IV Incentive Pay 1) The City shall pay each employee holding a Masters Certificate granted by TCLEOSE the sum of $125.00 per month. The City shall pay each employee holding an Advanced Certificate granted by TCLEOSE the sum of $100.00 per month. The City shall pay each employee holding an Intermediate certificate granted by TCLEOSE the sum of $75.00 per month. 2) The City shall pay each employee holding a Masters Degree obtained from an accredited university the sum of $125.00 per month. The City shall pay each employee holding a Bachelors Degree obtained from an accredited university the sum of $100.00 per month. The City shall pay each employee holding an Associate Degree obtained from an accredited university the sum of $75.00 per month. 3) In an effort to encourage Police Officers to continue their college education, effective with the signing of this agreement, Police Officers are entitled to receive both certificate and educational incentive pay, up to a maximum of two hundred fifty ($250.00) per month. Employees shall not be permitted to earn monthly incentive pay for more than one TCLEOSE certificate and/or for more than one college degree. 4) To ensure that records are accurate and incentive pay is issued in a timely manner, Police Officers are solely responsible for reporting and providing proper documentation to the Chief of Police or his/her designee to show that the Police Officer has completed training and/or education outside the Department. Police Officers are not entitled to retroactive incentive pay. Incentive pay shall begin at the beginning of the next pay period after the date on which the Police Officer provides proof of certification and/or receipt of a college degree in accordance with this Article. 10 5) To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Government Code. Specifically, this Article pre-empts Section 143.044(b) and (c). 11 Article V Education 1) In order to be eligible for voluntary transfer into a coveted position, as defined in this Agreement, within the Police Department, all Officers hired after the signing of this Agreement, must have completed a minimum of 20 college hours from an accredited college or university. 2) In order to be eligible to participate in promotional examinations for Sergeant or Lieutenant, Officers must have completed a minimum of 60 college hours from an accredited college or university or have a combination of a minimum of 20 college hours from an accredited college or university and 40 TClEOSE training credits calculated at the rate of 20 training hours equal to 1 training credit for a total of 60 hours. 3) All Police Officers hired before the signing of this Agreement will have a three (3) year grace period before being required to comply with sub- section 2's college and/or training credit requirement. 4) To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government Code, this Article supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Government Code. Specifically, this Article pre-empts Section 143.028(b), 143.031. [2 Article VI Physical Fitness 1) Officers hired after the signing of this agreement shall be required to pass an annual physical fitness assessment in order to be eligible for voluntary transfer to a coveted position, as defined in this Agreement, or to participate in promotional exams. The physical fitness assessment will be the same as the assessment required by the City of La Porte Civil Service Rule for Police applicants. 2) All Police Officers employed by the La Porte Police Department upon the ratification of this Agreement will be allowed, and are encouraged, to voluntarily participate in a quarterly physical fitness assessment. The physical fitness assessment will be the same as the assessment required by the City of La Porte Civil Service Rule for police applicants. Employees may, at their option, instead choose to voluntarily participate in the general City- employee wellness program. 3) Employees participating in Police Department's physical fitness program or the City's general employee wellness program shall not be paid for time spent preparing for assessments, personal conditioning, or engaging in any work-out related activities. When on-duty, police officers will, however, be allowed to participate in quarterly assessments during their work hours. Under no circumstances will participating Police Officers be eligible to simultaneously receive the cash bonus under both the general City- employee wellness program and the Police Department's physical fitness program. 4) All Police Officers who pass the physical fitness assessment, will be authorized to wear a special "physical fitness award ribbon" on their uniform and will receive a physical fitness cash bonus of $125.00 for each quarterly physical fitness assessment successfully passed to be paid at the 13 end of the calendar year. At no time shall such fitness bonus exceed $500.00 annually. 5) To the extent that any of these provisions differ from Chapter 143 of the Texas Local Government CodeJ this Article supersedes and pre-empts those provisions as permitted by Chapter 142.067 of the Texas Local Government Code. SpecificallYJ this Article pre-empts Section 143.044(d). 14 Article VII Compensatory Time 1} All sworn Police Officers shall be eligible to accumulate and accrue compensatory time at a rate of time and one-half the hours actually worked, up to a maximum of 40 hours. All compensatory time provisions of the Fair Labor Standards Act shall be adhered to by the City of La Porte and the Police Officers covered under this agreement. 2} As with other forms of leave, compensatory time may be accrued and taken only after the employee submits a written request and receives approval by his or her immediate supervisor. Compensatory time off shall not be granted if overtime is required to achieve minimum staffing levels. The City may opt to pay employees for accrued compensatory time at any time. IS Article VIII Grievance Procedure 1) The purpose of this grievance procedure is to establish effective machinery for the fair, expeditious and orderly adjustment of grievances. A grievance involving the interpretation, application or enforcement of a specific clause of this agreement by one or more employees shall be brought to the attention of the Association Grievance Committee in writing within fifteen (15) calendar days of when the employee knew or should have known of the occurrence or occurrences that gave rise to the grievance. The Association may bring a grievance that is an on-going practice by the City which affects the bargaining unit as a whole "Class Action" within fifteen (15) calendar days of when the Association knew or should have known of the grievance. Within fifteen (15) calendar days of the receipt of the grievance, the grievance committee shall determine if a valid grievance exists. If, in the opinion of the Association Grievance Committee, no grievance exists or the Association denies the grievance, the Association Grievance Committee shall notify the employee. If the Association Grievance Committee accepts the grievance, the Association shall, within seven (7) calendar days of accepting the grievance) present written notice of the grievance to the Chief of Police. 2) The Chief of Police shall render a written decision to the Association Grievance Committee within seven (7) calendar days of the date the Association Grievance Committee filed such grievance with the Chief of Police. 3) If the grievance remains unresolved, the Association Grievance Committee or its representative may submit said grievance to the office of the City Manager. Said grievance, if submitted, must be filed within seven (7) 16 calendar days of the date the Chief of Police rendered or should have rendered a written decision. 4) The City Manager shall render a written decision within seven (7) calendar days of the date the Association Grievance Committee filed said grievance with the City Manager. 5) If the grievance remains unresolved} the Association Grievance Committee or its representative may request that the grievance be submitted for grievance mediation through an independent third-party such as the Federal Mediation and Conciliation Service (FMCS). The parties hereto agree that any fees and expenses associated with mediation shall be shared equally by the submitting Police Officer and by the City. The costs of a witness are paid by the party who calls the witness. The costs of an attorney are paid by the party that retains the attorney}s services. 6) If the grievance remains unresolved following mediation} the Association Grievance Committee or its representative may then request that the grievance be submitted to arbitration} said request must be submitted in writing to the office of the City Manager within seven (7) calendar days from the date an official impasse is declared relating to mediation. 7) Either party may request the Federal Mediation and Conciliation Service (FMCS) or American Arbitration Association (AAA) to provide a list of arbitrators in accordance with its selection rules. Either party shall have the right to reject the list submitted by FMCS or AAA. In that event} the FMCS or AAA will be requested to submit another list. The Parties shall select an arbitrator from the list. The parties} by mutual agreement} may select to use AAA expedited rules. A) The powers of the arbitrator shall be limited as follows: 1) He shall have no power to add, to subtract from, or modify any of the terms of this agreement. 17 2) The arbitrator shall deal only with the grievance or grievances that occasioned the arbitratorJs appointment. 3) The decision of the arbitratorJ if within the scope of the arbitratorJs authoritYJ shall be final and binding upon the parties. 4) The arbitrator shall be empowered to determine whether an issue is subject to arbitration pursuant to this agreement. 8) The parties hereto agree that the ArbitratorJs fees and expenses are shared equally by the appealing Police Officer and by the City. The costs of a witness are paid by the party who calls the witness. The costs of an attorney are paid by the party that retains the attorneis services. 9} A grievance not filed within any of the time limitations specified herein shall not be considered timely and shall be void. The time limitations described herein may be waived by mutual agreement in writing by the Association Grievance Committee and the appropriate management officia I. 18 Article IX Duration 1) The provisions covered under this agreement will be effective upon ratification by the La Porte Police Officers' Association and approval by the La Porte City Counci" in accordance with Chapter 142 of the Texas Local Government Code. This Agreement shall expire at midnight, April 3D, 201l. 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I-UJ en en Q.) c +-' -- u. - co t) -- en ~ ..c a.. - OJ -1-1 co c.. -- u -- .1: co 0... o -1-1 -0 OJ Ol CO 1- ::J o U C UJ co 1-0 COo OJLt) $-t;A- o CO -1-1 -oC OJ ~ N __ -C 19 0-0 Pc ::J CO <(C I 0 (J)..o (J)..o CO__ o...~ o (J) ..c(J) $~~ -I-IC (J) -- 0 WLLCC U- -- co- H-uro ....- - - :J o ~C = ..c c <(0...<( CO U -- (J) >- ..c 0... >- - 1- OJ -1-1 1- CO :J CY >- 1- o -1-1 CO -0 C CO ::E-4-J I (J) (J) OJ OJ I- 1- I~ ~ OJ w.5 zu:: I (J) 1- ~ (/) -_ OJ ~ _2: Ot: OlOJ c U -- C tll-t -- CO X __ UJ> 8 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested July 13, 2009 Requ"red By Ma:O'Be~le~~ Department: Ma Qr aRd Ci~L.. _ Report Resolution: Ordinance: X Appropriation Source of Funds: Account Number: Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Rxhihih: Budgeted Item: YES NO X SUMMARY & RECOMMENDATION As previously discussed and requested by Council, the Council procedure ordinance is being brought back to you for consideration in changing Section 1-203. The area in italics below is the proposed additional wording being added to the ordinance. The Mayor, the City Manager, or the City Attorney, or any three (3) members of the City Council by written request, may place an item on a City Council agenda, with the exception of an item that has previously been approved or denied by City Council vote, during a meeting which occurred within the 30 day period immediately before the date the proposed agenda will be considered at a meeting of the City Council. Action Required bv Council: Discuss ordinance changes and approve, deny or amend the proposed recommendation. ORDINANCE NO. 2003- 3 [ 5 &, AN ORDINANCE ESTABLISHING ORGANIZATION AND PROCEDURES FOR CITY COUNCIL MEETINGS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1-201. Regular Meetings. (A) Time. The City Council shall hold regular meetings on the second and fourth Monday of each month, at 6:00 o'clock p.m.; provided, however, that when the day fixed for any regular meeting of the Council falls upon a day designated by law as a legal or national holiday, such meeting shall be held on such other date as determined by City Council. (B) Time. The City Council shall hold special or workshop meetings, if necessary, on the third Monday of each month, at 6:00 o'clock p.m., or at such other date and time as may be determined under Section 1-202 Special Meetings, hereof; provided, however, that when the day fixed for any special or workshop meeting of the Council falls upon a day designated by law as a legal or national holiday, such meetings shall be held on such other date as determined by City Council. (C) Place. All regular, special, and workshop meetings of the City Council shall be held in the Council Chambers, City Hall, 604 West Fairmont Parkway, in the City of La Porte, Harris County, Texas, unless otherwise directed by City Council, or required by law. Section 1-202. Special Meetings. The Mayor on his own motion or at the request of the City Manager shall call special meetings of the City Council whenever in their opinion the public business may require it, or at the express written request of any three (3) members of the City Council. Such written request shall be filed with the City Secretary, and shall contain the agenda item requested for the special meeting. Whenever a special meeting shall be called, written notice thereof shall be delivered to each member of the Council, or, if written notice cannot be timely delivered, telephone notice shall be given, stating the date and hour of the meeting and the purpose for which such meeting is called. Section 1-203. Agenda. The Mayor, the City Manager, or the City Attorney, or any three (3) members of the City Council by written request, may place an item on a City Council agenda. with the exception of an item that has previously been approved or denied by City Council vote. durina a meetina which occurred within the 30 day period immediately before the date the proposed aaenda will be considered at a meetina of the City Council. The written request by three (3) members of City Council shall be filed with the City Secretary, and shall contain the agenda item requested. All reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the Council shall, at least seven (7) days prior to each Council meeting, be delivered to the City Secretary, whereupon the City Secretary shall immediately arrange a list of such matters according to the Order of Business and furnish each member of the Council, the Mayor, the City Manager, and the City Attorney with a copy of the same prior to the Council meeting and as far in advance of the meeting as time for preparation will permit. None of the foregoing matters shall be presented to the Council by the administrative officials except those of an urgent nature, and the same, when so presented, shall have the written approval of the City Manager before presentation. Section 1-204. The Presiding Officer--Duties. The presiding officer of the Council shall be the Mayor. The Presiding Officer shall preserve strict order and decorum at all regular and special meetings of the Council. He shall state every question coming before the Council, announce the decision of the Council on all subjects and decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. He shall be entitled to vote on all questions. He shall sign all ordinances and resolutions adopted by the Council during his presence. In the event of the absence of the Mayor, the Mayor Pro Tem shall sign ordinances or resolutions as then adopted. Section 1-205.Call to Order--Presiding Officer. The Mayor, or in his absence, the Mayor Pro Tem, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor or the Mayor Pro Tem, the City Secretary, or his or her Assistant, shall call the Council to order, whereupon a temporary chairman shall be elected by members of the Council present. Upon arrival of the Mayor or the Mayor Pro Tem, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the Council. Section 1-206. Roll Call. Before proceeding with the business of the Council, the City Secretary, or his or her deputy shall note in the minutes, the names of those present. Late arrivals or departures of Council members shall be noted by the Presiding Officer, and recorded by the City Secretary in the minutes. Section 1-207. Quorum. A majority of all the members elected to the Council shall constitute a quorum at any regular or special meeting of the Council. In the absence of a quorum, the Presiding Officer shall, at the request of any three (3) members present, compel the attendance of absent members. Section 1-208. Order of Business. All meetings of the Council shall be open to the public, in accordance with the Texas Open Meetings Law. Promptly at the hour set by law on the day of each regular meeting as posted as required by law, the members of the Council, the City Secretary, the City Attorney, the Mayor, and the City Manager, shall take their regular stations in the Council Chambers, and the business of the Council shall be taken up for consideration and disposition in the following order: 1. Invocation and Pledge of Allegiance. 2. Proclamations and Presentations. 2 3. Consent Agenda. (Any member of the Council may remove any item from the Consent Agenda for discussion.) These items are typically routine in nature. a. Approval of minutes of previous meeting. b. Purchases, Contracts, or Transactions. 4. Petitions, remonstrances, communications, and citizens and taxpayers wishing to address the Council. 5. Public Hearings. 6 New Business: a. Introduction and adoption of resolutions and ordinances. b. Receive reports and recommendations from City staff. c. Report of Officers-Boards-Committees. 7. Previously tabled items. 8. Executive Session. 9. Workshop Items. 11. Administrative Reports. 12. Council Comments. 13. Adjournment. Section 1-209. Reading of Minutes. Unless a reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if the City Secretary has previously furnished each member with a copy thereof. Section 1-210. Rules of Debate. (A) Presidino Officer Mav Debate and Vote. Etc. The Mayor or Mayor Pro Tem, or such other member of the Council as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Councilperson by reason of his acting as the Presiding Officer. (B) Gettinq the Floor-Improper References to be Avoided. Every member desiring to speak shall address the Chair, and, upon recognition by the Presiding Officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. (C) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call him to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed. (D) Privileoe of Closinq Debate. The Councilperson moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. 3 (E) Motion to Reconsider. A motion to reconsider any action taken by the Council may be made only on the day such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable. Nothing herein shall be construed to prevent any member of the Council from making or remaking the same or any other motion at a subsequent meeting of the Council~ subiect to the prohibition on reconsideration of an item previously approved or denied by City Council within the previous 30 days. as provided in Section 1-203. herein. (F) Remarks of Councilperson--When Entered in Minutes. A Councilperson may request, through the Presiding Officer, the privilege of having an abstract of his statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. (G) Synopsis of Debate--When Entered in Minutes. The City Secretary may be directed by the Presiding Officer, with consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Council. Section 1-211. Addressing the Council. Before each meeting of City Council the City Secretary shall place public comment cards on the table in the rear of the Council Chambers, on which any taxpayer or resident, or his authorized representative, or any member of the public, may sign his name and address, and indicate the subject matter on which he wishes to speak or submit a written communication. (A) Oral Communications. Individuals may address the Council by oral communication in regard to matters appearing on the City Council agenda, or any other subject matter, by completing all requested information on the public comment card, and placing said public comment card in the box located on the table in the rear of the Council Chambers, not later than five (5) minutes before commencement of the meeting. Oral communication to Council shall be in the manner provided in Section 1.212 hereof. (B) Written Communications. Individuals may address the Council by written communication in regard to matters appearing on the City Council agenda, or any other subject matter, by completing all requested information on the public comment card, and placing said public comment card, along with the proposed written communication, in the box located on the table in the rear of the Council Chambers, not later than five (5) minutes before commencement of the meeting. 4 Section 1-212. Manner of Addressing Council (A) Time Limit. Each person addressing the Council shall step up to the podium, shall give his name and address in an audible tone of voice for the records, and unless further time is granted by the Council, shall limit his address to five (5) minutes. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked to a Councilperson except through the Presiding Officer. Any such question shall be referred by City Council to the City manager, for further handling. (B) Limits on Repetitive or Redundant Presentations. The City Council shall have the right to place reasonable limits on the number, frequency, and length of presentations made during the comment period, in accordance with law. For such purposes the City Council may limit the number of persons who speak on a particular subject at a meeting, and the length of the individual presentations made, on such topic; accordingly, the City Council may place reasonable limits on the number of occasions that a person or persons speak on a particular subject, at successive Council meetings. Subject to the foregoing, the City Council shall not place limits on discussion of specific subject matter as it relates to any constitutionally guaranteed right of freedom of speech, or otherwise discriminate against a particular point of view. Section 1-213. Addressing the Council After Motion Made. After a motion is made by the Council, no person shall address the Council without first securing the permission of the Council so to do. Section 1-214. Silence Constitutes Affirmative Vote. Unless a member of the Council states that he is not voting, his silence shall be recorded as an affirmative vote. Section 1-215. Decorum. (A) By Council Members. While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the orders of the Councilor its Presiding Officer, except as otherwise herein provided. (B) By Persons. Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the Council shall be forthwith, by the Presiding Officer, barred from further audience before the Council, unless permission to continue be granted by a majority vote of the Council. 5 Section 1-216. Enforcement of Decorum. The Chief of Police, or such member or members of the Police Department as he may designate, shall be Sergeant- at-Arms of the Council meetings. He, or they, shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon instructions of the Presiding Officer, it shall be the duty of the Sergeant-at-Arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest, and cause him to be prosecuted under the provisions of this Code, the complaint to be signed by the Presiding Officer. Section 1-217. Persons Authorized to be at Tables. No person shall be permitted to be at the two tables in front of the Council table, without the express consent of the Council. Section 1-218. Special Committees. appointed by majority vote of the Council. All special committees shall be Section 1-219. Members May File Protests Against Council Action. Any member shall have the right to have the reasons for his dissent from, or protest against, any action of the Council entered on the minutes. Section 1-220. Claims Against City. No account or other demand against the City shall be allowed until the same has been considered and reported upon by the City Manager and the City Attorney. Section 1-221. Ordinances, Resolutions, Motions and Contracts. (A) Preparation of Ordinances.AII ordinances shall be approved by the City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered by three (3) members of the Council, or requested by the City Manager, or prepared by the City Attorney on his own initiative, in consultation with the City Manager. (8) Prior Approval by Administrative Staff. All ordinances, resolutions and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney or his authorized representative, and shall have been examined and approved for administration by the City Manager or his authorized representative, where there are substantive matters of administration involved. (C) Introducina for Passaae or Approval. (1) Ordinances, resolutions, and other matters or subjects requiring action by the Council must be introduced and sponsored by a member of the Council, except that the City Manager or City Attorney may present ordinances, resolutions, and other matters or subjects to the Council, and any Councilperson may assume sponsorship thereof by 6 moving that such ordinances, resolutions, matters or subjects be adopted; otherwise, they shall not be considered. (2) An ordinance may have final passage on the same day on which it was introduced. (3) No ordinance shall relate to more than one subject, which shall be clearly expressed in its title, and no ordinance, or section thereof, shall be amended or repealed unless the new ordinance contains the title of the ordinance or section amended or repealed, and when practical all ordinances shall be introduced as amendments to existing ordinances or sections thereof. (4) Any resolution providing for the appropriation of money shall designate the particular fund from which the appropriation is to be made. Section 1-222. Reports and Resolutions to be Filed with the City Secretary. All reports and resolutions shall be filed with the City Secretary and entered on the minutes. Section 1-223. Adjournment. A motion to adjourn shall always be in order and decided without debate. Section 1-224. Executive Sessions. Every regular, special or called meeting or session of City Council shall be open to the public. No closed or executive meeting or session of City Council for any of the purposes for which closed or executive meetings or sessions are authorized by the Open Meetings Law, Chapter 551, Texas Government Code, shall be held unless City Council has first been convened in open meeting or session for which lawful notice has been given and during which meeting or session the Presiding Officer has publicly announced that a closed or executive meeting or session will be held and identified the section or sections of said Act authorizing the holding of such closed or executive session. No final action, decision, or vote with regard to any matter considered in the closed meeting shall be made except in a meeting which is open to the public and in compliance with the notice provisions of the Act. Section 1-225. Open Meetings Law Notice. 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. 7 Section 1-226. Repeal. Ordinance No. 1435 and Ordinance No. 1435-A are repealed as of the effective date hereof. Section 1-227. Effective Date. This ordinance shall be effective from and after its passage and approval. PASSED AND APPROVED. this ~ day o~~ U [9 ' '. 2009. CITY OF LA PORTE ATTEST: APPROVED: tI~r ~ Clark 1. Askins, City Attorney 8 ..--- 9 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested July 13, 2009 Requested By Mayo, Be"'ley~ r~ 0/ Department: Mayor all.g City CQ'llI.~il Appropriation Source of Funds: Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Roster Ordinance Applications Current Policy Amount Requested: Exhibits: Exhibits: Budgeted Item: YES NO SUMMARY & RECOMMENDATION La Porte City Council to approve appointments, reappointments, and fill vacant positions on various Boards and Commission that are expiring August 31, 2009. The following persons are serving on more the one board, commission or committee at this time: Vicky Campise Steve Valerius Ed Matuszak Chester Pool Doug Martin Mark Follis Lou Ann Martin nance appointment members on various Boards, Commissions and Committees. \ Ron Bottoms, City Manager ORDINANCE NO. 3151 AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby makes the following appointments to the Airport Advisory Board for the City of La Porte Municipal Airport, (three (3) year term) for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1. - Debra Rihn 2010 Position 2 . - Nick Hooke 2010 Position 3. - Hector Villarreal 2012 Position 4 . - Tucker Grant 2012 Position 5. - Steve Gillett 2010 Position 6. - Eliminated by City Council on 7/13/98 by Ord. 98-2265 Section 2. The City Council of the City of La Porte hereby makes the following appointments to the Animal Shelter Advisory Committee, without term, or until their successors shall have been duly appointed and qualified: Veterinarian - Donna Medford, DVM No Term Rabies Control Authority - Ken Adcox No Term Animal Control Officer - Clarence Anderson No Term Animal Welfare Rep. - Dana Dicker No Term City Council At-large Pos. A - Georgia Malone No Term Section 3. The City Council of the City of La Porte hereby makes the following appointments to the Bay Area Houston Convention and Visitors Bureau, without term, until their successors shall have been duly appointed and qualified: City Representative 1 - Debbie Westbeld - Appointed 3/2009 City Representative 2 - Stacy Osborne - Appointed 6/2009 Hospitality Industry Professional - Joe Bertuglia - Appointed 2/2008 Section 4. The City Council of the City of La Porte hereby makes the following appointments to the Bay Area Houston Economic Development Representatives, without term, until their successors shall have been duly appointed and qualified: Date Appointed Member - Debbie Westbeld - Appointed 1/2009 Member - Mike Mosteit - Appointed 10/2004 Section 5. The City Council of the City of La Porte hereby makes the following appointments to the Board of Directors of the City of La Porte Reinvestment Zone Number One, (two (2) year term)- for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Peggy Antone 2011 Position 2 Dave Turnquist 2010 Position 3 Alton Porter 2011 Position 4 Horace Leopard 2010 Position 5 Doug Martin 2011 Position 6 J.J. Meza 2010 Position 8 Chester Pool 2010 2 The City Council of the City of La Porte hereby ratifies the following appointments by La Porte Independent School District and Harris County: Position 7 Lloyd Graham (LPISD) 2009 Position 9 Lindsay Pfeiffer (Harris Co.) 2009 Section 6. The City Council of the City of La Porte hereby appoints the following named persons, all of whom are resident electors of the City of La Porte or non-resident individuals owning or operating a business within the City of La Porte, duly verified by proof of an applicable tax statement or utility account for such business, and each of whom the City Council deems competent to serve on such Board by virtue of their experience and training in matters pertaining to building construction, and none of whom are employed by the City of La Porte, to serve as members of the Building Codes Appeals Board (three (3) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Tom Campbell 2010 Position 2 Terry Bunch 2010 Position 3 Paul Larson 2012 Position 4 Ron Holt 2012 Position 5 Ken Schlather 2011 Position 6 Michael Reedy 2011 Position 7 Mark Follis 2011 3 Section 7. The City Council of the City of La Porte hereby makes the following appointments to the Chapter 172 Employee Retiree Insurance and Benefits Committee, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Citizen Position 1 George Van Dyke No Term Citizen Position 2 Steve Valerius No Term Retiree Participant - Aaron Corrales No Term Employee Participant - Matt Daeumer No Term Finance Staff Michael Dolby No Term H.R. Staff Heather Weger No Term Legal Staff Clark T. Askins No Term Alternate Pos. 1 Martha Gillett No Term Alternate Pos. 2 Julie Graham No Term Alternate position 1 may participate in all meetings of the committee but is entitled to vote only in the absence of a regular member; Alternate position 2 may participate in all meetings of the committee but is entitled to vote only in the absence of a regular member, where Alternate Pos. 1 member is not present, or where more than one regular members are absent. Section 8. The City Council hereby makes the following appointments to the Census Count Committee, without term, or until their successors shall have been duly appointment and qualified: Member - Charlie Perry - No Term Member - Vicki Campise - No Term Member - Herman Berges - No Term Member - T.J. Walker - No Term 4 Member - Earl Ehlers - No Term Member - Jeanne Zemanek - No Term Member - Sherry Lowe - No Term Member - Sarah Lindeen - No Term Member Manley Boudreaux - No Term Member - Ernest Escobar - No Term Member - Mike Cooks ley - No Term Member - Lou Ann Martin - No Term Member - Don Hill - No Term Member - Paula Swearingen - No Term Member - Marie Meehan - No Term Member Susan Robinson - No Term Section 9. The City Council hereby ratifies and confirms the appointment by the City Manager of Civil Service Commission Members of the City of La Porte, (three (3) year term) - for terms expiring of the year indicated, or until their successor shall have been duly appointed and qualified: Chairman - Keith Trainer - 8/31/2012 Vice Chairman - Les Bird - 8/31/2011 Member - Michael Garcia - 8/31/2010 Section 10. The City Council of the City of La Porte hereby makes the following appointments to the Drainage and Flooding Committee, without term, or until their successors shall have been duly appointed and qualified: Chairman Mike Mosteit No Term - Vice Chairman Mike Clausen Member Chuck Engelken No Term No Term 5 Member Louis Rigby No Term Daryl Leonard - Alternate No Term Section 11: The City Council of the City of La Porte hereby makes the following appointments to the Fire Code Review Board of the City of La Porte, (three (3) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: District 1 District 2 District 3 District 4 District 5 District 6 At Large-A At Large-B Jack Oliphant 2011 Jeff Brown 2012 Woodrow Sebesta 2012 Floyd Craft 2012 Jim Bridge 2012 Lester Clark 2011 Bryan Moore 2012 Paul Vige 2011 Lynn Green 2012 Mayor Section 12. The City Council of the City of La Porte hereby makes the following appointment to the Fire Fighters Pension Board of Trustees, to serve without term or until his successor shall have been duly appointed and qualified: City Council Representative John Joerns No term Section 13. The City Council of the City of La Porte hereby makes the following appointments to the Fiscal Affairs Committee, without term, or until their successors shall have been duly appointed and qualified: Chairman Chuck Engelken Date Appointed 1998 6 Committee Member - Louis Rigby 2008 Committee Member - Georgia Malone 2009 Alternate Member 1 2008 Alternate Member 1 - Tommy Moser 2009 Alternate Member 2 2004 Alternate Member 2 - Daryl Leonard 2009 Section 14. The City Council of the City of La Porte hereby makes the following appointments to the Harris County Appraisal District Representative, without term, or until their successors shall have been duly appointed and qualified: Membe r - Ed Heathcoat 12/31/2009 Section 15. The City Council of the City of La Porte hereby makes -- the following appointments to the Houston Galveston Areas Council Representatives, without term, or until their successors shall have been duly appointed and qualified: Representative Chuck Engelken No Term Alternate Representative Louis Rigby No Term Section 16. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Area Water Authority, (two (2) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Robert Roy 2011 Position 2 Dennis H. Steger 2011 7 Position 3 Steve Valarius 2011 Position 4 David Janda 2010 Position 5 Ken Schlather 2010 Section 17. The City Council of the City of La Porte hereby appoints the following named persons, all of whom are residents of the City of La Porte, and no more than four of whom are elected ci ty officials or city employees, to serve as directors of the City of La Porte Development Corporation without compensation, but with reimbursement for actual expenses, (two (2) year term) for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chuck Engelken 2011 Mike Clausen 2010 ",,...- Tommy Moser 2011 Bill Love 2010 Randy Woodard 2011 Pat Muston-(President) 2010 Richard Warren 2011 Section 18. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Health Authority, (three (3) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Health Authority Alternate Medical Advisor/EMS Abdul R. Moosa, M.D. Robert D. Johnston, M.D. Oscar Boultinghouse 2011 2011 - Contract 8 Section 19. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Redevelopment Authority, (two (2) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Peggy Antone 2011 Position 2 Dave Turnquist 2010 Position 3 Alton Porter 2011 Position 4 Horace Leopard 2010 Position 5 Douglas Martin 2011 Position 6 J.J. Meza 2010 Position 7 L.P.I.S.D. Rep 2009 Position 8 Chester Pool 2010 Position 9 Lindsay R. Pfeiffer, Chairman 2009 Section 20. The City Council of the City of La Porte hereby makes the following appointments to the Main Street Advisory Board, a new Board required by the Texas Historical Commission, (three (3) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: -- Position 1- Edward Matuszak, Chairman 2011 Position 2- Margaret Anderson 2011 Position 3- Bill Manning, Jr. 2011 Position 4- Jason Leopard 2012 Position 5- Jerry Carpenter 2012 Position 6- Mark Follis 2012 Position 7- Paul Larson 2010 9 Position 8- Ronda Lunsford 2010 Position 9- Debra Gallington 2010 Position 10- Position 10 Eliminated by Ordinance 2004-2782- L on August 28th, 2006 by City Council action. Position 11- Position 11 Eliminated by Ordinance 2004-2782- L on August 28th, 2006 by City Council action. There are also three (3) Ex Officio members of this Board: 1 the City of La Porte's Main Street Coordinator 2 the City Manager of the City of La Porte, or his designee 3 the Manager of the La Porte-Bayshore Chamber of Commerce Section 21. The City Council of the City of La Porte hereby makes the following appointments to the City of La Porte Planning and Zoning Commission, (three (3) year term) - for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chairman Hall Lawler 2012 District 1 Doretta Finch 2011 District 2 Richard Warren 2012 District 3 Kirby Linscombe, Jr. 2012 District 4 Dottie Kaminiski 2010 District 5 Paul Berner 2010 District 6 Les Bird 2011 Alternate 1 David Janda 2010 Alternate 2 Lou Ann Martin 2011 10 Section 22. The City Council of the City of La Porte hereby makes the following appointments to the Southeast Texas Housing Finance Corporation Board of Directors, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Director Lou Ann Martin 2012 Section 23. The City Council of the City of La Porte hereby makes the following appointments to the Zoning Board of Adjustment, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Chester Pool 2011 Position 2 T. J. Walker 2011 Position 3 Rod Rothermel 2011 Position 4 Charles Schoppe 2011 Position 5 George W. Maltsberger 2011 Alternate 1 Lawrence McNeal 2010 Alternate 2 Gilbert Montemayor 2010 The City Council of the City of La Porte hereby designates George W. Maltsberger, of Position 5, to serve as Chairman of the Zoning Board of Adjustment until the expiration of the member's term of appointment as designated in this section, or until their successor shall have been duly appointed and qualified. ,- Section 24. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity 11 shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 25. All ordinances or conflict herewith are repealed to the parts of ordinances in extent of such conflict only. Section 26. The City Council officially finds, determines, reci tes, 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. 12 Section 27. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 13 day of July 2009. By: ATTEST: ~LdKl City Secretary A~~~ a3:'ark T. Askins Assistant City Attorney 13 CITY OF LA PORTE BOARDS, COMMITTEES AND COMMISSIONS SCHEDULE AND PROCEDURE FOR RECRUITMENT, APPOINTMENT AND NOTIFICATION PROCESS THE CITY COUNCIL OF THE CITY OF LA PORTE WILL MAKE APPOINTMENTS FOR TERMS EXPIRING ON AUGUST 30TH OF THE YEAR INDICATED OR AS OTHERWISE DESIGNATED. SCHEDULE/PROCEDURES: APRIL · Boards and Commissions Handbook and application form is updated and printed by the Assistant City Secretary. · A memorandum is prepared by the Assistant City Secretary to each department inquiring as to whether or not there have been any attendance problems with members of a committee, board or commission member. MAY/JUNE - (The annual appointment process will not begin until all Council members have been elected in the General and Run-Off Elections) · Mayor and City Secretary will meet with any newly elected Council Members and explain the boards and commissions process. · The City Secretary will provide City Council with list of all current and members whose terms of appointment are expiring on August 30. The list will indicate vacancies, applicants eligible for reappointment, single member district appointments, and appointments made by the entire body of City Council. In addition, all applications on file will be sent to the City Council for consideration. Current appointees whose terms of appointment expire in August are identified. (See Attached List) · The City Secretary will inform City Council of attendance problems of any committee, board or commission member. · Enabling ordinances will also be forwarded to City Council as needed. · Information is shared with staff members serving as liaisons to a committee, board or commission member. · Mayor and Council will provide the City Secretary with direction on whether. application forms and a handbook need to be mailed to any citizens or organizations. Applications will only need to be mailed if recruitment is needed Page 2 to fill positions. Applications must be returned to the City Secretary by the last day of July 5 in order for copies to be placed in the agenda packet for the July Workshop Meeting to be held the last meeting in July. The citizen submitting the application retains the handbook for future use. · City Council Members will contact any individuals they want to serve another term, or direct the City Secretary to handle. Confirmation will be made as to whether or not the citizen is willing to serve another term. If no application is on file, the citizen must be provided with a handbook and application. The application must be returned to the City Secretary's Office by July 5 in order to be placed in the agenda packet for the July Workshop Meeting. - · City Council Members wishing to replace a board member will contact the prospective new member to inquire if they would like to serve, or direct the City Secretary to handle. If the citizen agrees to serve, the City Secretary's Office will send them a handbook and application form. The citizen must return the application form if one is not already on file. In addition, the City Council member will contact the current member to inform them they are considering a replacement for their position and thank them for the time they served, or direct the City Secretary's office to handle. By July 5, City Council will confirm with the City Secretary, which members they are considering for reappointed for another term, and the name of any new members and the position in which they are being considered for. · Each June the City Secretary will remind the Mayor of the July Workshop Meeting and confirm the date. JULY · City Council holds a workshop meeting in open session to discuss upcoming appointments. AUGUST · Mayor will introduce an Ordinance and facilitate the appointment process at the meeting. The City Secretary's Office provides assistance as needed. An Ordinance will be presented to City Council seeking approval to appoint or reappoint members for a term expiring on August 30 of the year indicated. · Once the Ordinance is adopted, the Assistant City Secretary shall prepare thank you letters to citizens completing service on boards. Acknowledgement letters are sent to those citizens not selected requesting them to apply again next year. · Letters of appointment and reappointment will be sent to appointees with appropriate ordinance. · A new directory of City Council appointed boards, committees and commissions is prepared and published as soon as possible after the appointment process is completed and the boards/commissions/committee roster is updated. · City Secretary contacts new members to offer information regarding conduct of meetings, parliamentary procedures, and to answer any questions the new member may have. · Applications are considered current for one year. Vacancies will be considered throughout the year if needed due to terminations or resignations · Each department conducts a training/orientation session with the new members who fall under a boards/commissions and committees under their direction. Date Revised June, 2009 ,- 10 .- REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Ageuda Date Requested: July}j' 200;) . Request'" Dr- Tim Ti.tj.u{,i~~ Department: Planninl! Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Report: ~Resolution: _Ordinance: _ Amount Requested: N/A Exhibits: Revised Proposed Trail Alignment Map Budgeted Item: _YES _NO SUMMARY On January 26, 2009, City Council conducted a public hearing regarding a proposal from Morgan's Point to place and construct a portion of their Hike and Bike Trail system in the Donaldson right-of-way within La Porte. Based upon the public input at the meeting, Morgan's Point has now pursued another alignment option for a portion of the proposed trail and would like to solicit City Council opinion about the new location. Action Required bv Council: Pr ide guidance to the City of Morgan's Point regarding the proposed Hike and Bike Trail location. 7jgk Date ,- .~ I- U) JJ .E .- C(\ ~2~ C::lt; C(\ 0 C(\ (!)D::UJ ==]0 J: en ..... ~ 8.~ o 0 (!) 0.. a: O"l en "'0 -c 0:: C(\ :>. e> C(\ o a:l ~ CITY COUNCIL DRAINAGE REPORT mL Y 13, 2009 Klotz Design and Contract Construction . Design of Sheet Flow Relief Structure Imorovements to Creekmont. Faitmont Park West. Brookglen and Faitmont Park East. Design is 85% complete. Staff is currently review plans and identifYing needed easements for construction. Affected property owners have been notified by letter of the easement requests, and need for acquisition. Survey of required easements will begin after initial contact with residents, scheduled for July 6, 2009. 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 Fairmont Park East. The Consultant has presented a draft of the above referenced study to the Drainage and Flooding Committee on June 3, 2009, and subsequently on June 24, 2009 to present fmdings and recommend alternative solutions for consideration by the Committee and the City Council for future improvements. The Drainage Committee will be considering the alternatives, with staff recommendations for financing, at the next meeting scheduled for July 29,2009. Staff met with Precinct 2, Harris County Flood Control and Klotz personnel to discuss Brookglen. Several alternatives were discussed. Klotz will investigate reconnection of B112-00-00 with BI09-00-00 and make recommendation to Flood Control and the City. City will continue to move forward with Sheet Flow Relief Structures Improvements. In-House Design and Construction ofproiects identified in the Drainage Master Plan. · Four projects completed in previous reporting period. . Farrington at B106-00-00. Design complete. Construction scheduled for July. · Valleybrook (Glen Meadows). Designed as a sheet flow path through property scheduled for Federal Buy-Out, the property owner has declined the buy-out, rendering the design moot. Staff is investigating alternative sheet flow alternatives. · Creekmont Park Outfall. Easement acquired from adjacent property owner. Design is under review, line locates ordered, and material quotes for construction complete. Expect to begin construction in mid-July, depending on South La Porte Drainage Maintenance completion dates. Expect construction to be completed in mid to late August. In-House Design and Construction of City-initiated Projects. · South La Porte Bay OutfaIls. Drainage area mapped and potential outfaIls identified along South Broadway south of Fairmont Parkway. Oakhurst Street selected as the initial project due to available ROW, central location and the shOltest avenue to the Bay. Survey is complete, with design scheduled for completion by the end of the month. Expect to bid this Project in August. Additional potential outfaIls 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 Porte Bay Outfalls. In-House Drainage Maintenance Activities. . Bavside Terrace. Cleaning of ditches and resetting culverts 90% complete. Expect to complete in mid-July. . Dwire and Bay Oaks. Cleaning of ditches and resetting culverts on east half of the area is 80% complete. Expect to complete in mid-July. Western half of area needs extensive culvert replacement and resetting on grade. Work will begin after completion of east portion. Expect to complete in mid-August. . Bay Colony. No additional work since last report. Expect to move to this area for extensive cleaning and culvert work after completion of Bays ide Terrace. . Total Work completed in April and May. Cleaning of Ditches 7,899 LF Resetting culverts 703 LF Inlet installation/repair 8 each Culvert Maintenance/Cleaning 616 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.