HomeMy WebLinkAbout2009-07-13 Regular Meeting and Workshop Meeting of La Porte City Counci•
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MINUTES OF A REGULAR MEETING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
JULY 13, 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 members Louis Rigby, Tommy Moser, John Black, Daryl Leonard, Chuck
Engelken, Mike Clausen and Mike Mosteit
Members of Council absent: None
Members of City Executive Staff and City Employees Present:
City Manager's Office: Ron Bottoms and John Joerns
City Secretary's Office: Martha Gillett
Public Works: Steve Gillett
Planning: Tim Tietjens, John Lawler, Nick Rotter and Debbie Wilmore
Police Department: Chief Kenith Adcox, Gary Rice, Matt Novosad, Matt Daeumer and
John Blakemore
MIS: Brian Sterling
Finance: Michael Dolby
City Attorney: Clark Askins
Emergency Management: Jeff Suggs
Fire: Chief Mike Boaze
Others Present: Adam Yanelli of Bayshore Sun, Peggy Wooten, Dottie Kaminski, Lou Ann
Martin, Richard Warren, Katherine Aguilar and a number of other citizens.
2. Father Gary Rickles of St. Mary's Catholic Church delivered the invocation.
Councilmember Chuck Engelken led the Pledge of Allegiance.
4. Presentations/ Proclamations
Mayor Beasley presented a proclamation for "Apollo XI Day" to Peggy Wooten.
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 Meeting for the La Porte City Council held on June 22, 2009 - M. Gillett
B. Council to consider approval or other action 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 (Ord. 3153) — T. Tietjens
Minutes of Regular Meeting and Workshop of the La Porte City Council held on July 13, 2009 Page 2
C. Council to consider approval or other action regarding an ordinance amending the
City of La Porte 2008-2009 Fiscal Year Budget (Ord. 3154) — M. Dolby
D. Council to consider approval or other action regarding an ordinance authorizing
the City Manager to execute an Industrial District Agreement, a Water Service
Agreement, and a Sanitary Sewer Service Agreement with SBS Fairmont
Parkway, Ltd. (Ord. 3155) — T. Tietjens
E. Council to consider or other actions of the findings of the Dangerous Building
Inspection Board regarding condition of substandard structures in city and
authorize a public hearing date of August 10, 2009 for possible consideration of
dangerous building ordinances — D. Wilmore
Motion was made by Councilmember Engelken to approve the consent agenda as
presented with the exception of item B which was pulled by staff. A second was made by
Councilmember Moser. Motion carried.
Ayes: Black, Moser, Rigby, Malone, Leonard, Engelken, Mosteit, Clausen and Beasley
Nays: None
Abstain: Clausen from item A.
Absent: None
6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address
Council on any item posted on the agenda (Limited to five minutes)
Lou Ann Martin gave an update on the Northside Housing Project.
7. Council to consider approval or other action regarding ratification of Meet and Confer
Agreement between the City of La Porte and the La Porte Police Officer's Association —
Chief K. Adcox
Police Chief Kenith Adcox presented summary and recommendation and answered
Councils questions.
Motion was made by Councilmember Engelken to approve the agreement between the
City of La Porte and the Police Officer's Association as presented by Chief Adcox. A
second was made by Councilmember Malone. Motion carried.
Ayes: Black, Moser, Rigby, Malone, Leonard, Engelken, Mosteit, Clausen and Beasley
Nays: None
Abstain: None
Absent: None
8. Council to consider approval or other action regarding an amendment to the City Council
Procedure Ordinance, to require a 30 day waiting period for reconsideration of agenda
items previously approved or denied by City Council (Ord. 3156) — Mayor Beasley
Minutes of Regular Meeting and Workshop of the La Porte City Council held on July 13, 2009 Page 3
Mayor Beasley presented summary and recommendations and answered Councils'
questions.
Assistant City Attorney Clark Askins read Ordinance 3156, AN ORDINANCE
ESTABLISHING ORGANIZATION AND PROCEDURES FOR CITY COUNCIL
MEETINGS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING
AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Rigby to approve Ordinance 3156 as presented. A
second was made by Councilmember Leonard. Motion carried.
Ayes: Rigby, Moser, Black, Malone, Leonard, Engelken, Mosteit, Clausen and Beasley
Nays: None
Abstain: None
Absent: None
Council to consider approval or other action regarding an ordinance appointing members
to various city boards and commissions, and possible changes to Board and Commission
appointment and membership policy (Ord. 3157) — Mayor Beasley
Councilmember Malone noted that Vicki Campise does not serve on multiple boards and
that Paul Larson was omitted from the list.
Councilmember Mosteit noted he would like to see the Drainage Committee be a standing
committee and add citizens to the committee.
Mayor Beasley presented summary and recommendations and answered Councils'
questions.
Assistant City Attorney Clark Askins read Ordinance 3157, 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.
Motion was made by Councilmember Black to approve Ordinance 3157 with the following
changes:
Airport Advisory Board — Hector Villarreal and Tucker Grant were reappointed to a new
three (3) year term to end August 31, 2012.
La Porte Reinvestment Zone Number One — Peggy Antone, Alton Porter and Doug Martin
were reappointed to a new two (2) year term to end August 31, 2011.
Building Codes Appeals Board — Paul Larson and Ron Holt were reappointed for a three
year term to end August 31, 2012.
Minutes of Regular Meeting and Workshop of the La Porte City Council held on July 13, 2009 Page 4
Census Committee — Councilmember Moser noted he will want to add some additional
people to the Census Committee at the next meeting.
Civil Service Committee - Chairman Keith Trainer was reappointed to a three (3) year term
to end August 31, 2012.
Drainage and Flooding Committee — Louis Rigby replaced Tommy Moser due to his
resignation. Daryl Leonard became an alternate member due to the resignation of Howard
Ebow.
Fire Code Review Board — Jeff Brown (District 2), Woodrow Sebesta (District 3), Floyd
Craft (District 4), Jim Bridge (District 5), Bryan Moore (At Large -A) and Lynn Green
(Mayor) were reappointed to a three (3) year term to end August 31, 2012.
Fiscal Affairs Committee — Georgia Malone was appointed as a member due to the
resignation of Howard Ebow. Tommy Moser moved from Alternate 2 position to Alternate
1 position. Daryl Leonard was appointed as Alternate 2 member. This committee has no
terms.
La Porte Area Water Authority — Robert Roy, Dennis Steger and Steve Valerius were
reappointed for a two (2) year term to end August 31, 2011.
La Porte Development Corporation — Chuck Engelken and Tommy Moser were
reappointed for a two (2) year term to end August 31, 2011. Randy Woodard was
appointed to a two (2) year term to end August 31, 2011. Mr. Woodard replaces Ed
Matuszak. Richard Warren was appointed to a two (2) year term to end August 31, 2011.
Mr. Warren replaces Barry Beasley who resigned.
La Porte Redevelopment Authority — Peggy Antone, Alton Porter and Doug Martin were
reappointed to a two (2) year term to end August 31, 2011.
Main Street Advisory Board — Jason Leopard was appointed to a three (3) year term to end
August 31, 2012. Mr. Leopard replaces Shar Lynch who resigned. Jerry Carpenter and
Mark Follis were reappointed to a three (3) year term to end August 31, 2012.
Planning and Zoning Commission — Hal Lawler (District 1) and Kirby Linscombe (District 3)
were reappointed to a three (3) year term to end August 31, 2012. Richard Warren
(District 2) was appointed to a three (3) year term to end August 31, 2012. Mr. Warren
replaces Nick Barrera.
Southeast Texas Housing Finance Corporation Board of Directors - Lou Ann Martin was
reappointed to a three (3) year term to end August 31, 2012.
Zoning Board of Adjustment — Chester Pool, Rod Rothermel, Charles Schoppe and
George Maltsberger were reappointed to a two (2) year term to end August 31, 2011. T.J.
Minutes of Regular Meeting and Workshop of the La Porte City Council held on July 13, 2009 Page 5
Walker was appointed to a two (2) year term to end August 31, 2011. T. J. Walker replaces
Bob Capen. Mr. Walker's term will begin September 1, 2009.
A second was made by Councilmember Moser. Motion carried.
Ayes: Rigby, Moser, Black, Leonard, Engelken, Mosteit, Clausen and Beasley
Nays: None
Abstain: None
Absent: Councilmember Malone was absent from the table during the vote.
10. Mayor Beasley closed Regular meeting and opened Workshop meeting at 7:15 p.m.
A. Discuss City of Morgan's Point proposed Hike and Bike Trail location — T. Tietjens
Director of Planning Tim Tietjens introduced Mr. Bays, Morgan's Point City Administrator
who led the discussion on the proposed location of Morgan's Point Hike and Bike Trail.
Accompanying Mr. Bays was Councilmember Bechtel.
Council provided staff with direction to move forward and to send out the same
notifications of public hearings that had been previously sent out.
11. Mayor Beasley closed Workshop meeting and reconvened to Regular meeting at 7:28 p.m.
12. Receive Monthly Drainage Report for City Staff - S. Gillett
Public Works Director Steve Gillett presented the Monthly Drainage Report to City Council
and answered Councils' questions.
13. City Manager Ron Bottoms provided Administrative Reports for the following:
July 13, 2009 - City Council Meeting - 6:00 p.m.
July 13, 2009 - Tour of New Municipal Court Building - 5:00 p.m.
July 16, 2009 - Harris County Mayor & Council Dinner - Brady's Landing - 6:30 p.m. (Social
7:15 p.m. (Dinner)
July 27, 2009 - Fiscal Affairs Committee Meeting - 5:00 p.m.
July 27, 2009 - City Council Meeting - 6:00 p.m.
July 29, 2009 — Flooding and Drainage Committee Meeting - 5:00 p.m.
14. Council Comments - Engelken, Mosteit, Clausen, Rigby, Moser, Black, Malone, Leonard
and Beasley
A. Matters appearing on agenda
Minutes of Regular Meeting and Workshop of the La Porte City Council held on July 13, 2009 Page 6
B. Recognition of community members, city employees, and upcoming events
C. Inquiry of staff regarding specific factual information for a recitation of existing
policy
15. 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)
16. Considerations and possible action on items considered in Executive Session.
There was no Executive Session.
17. Adjournment
Being no further business, the meeting was duly adjourned at 8:01 p.m.
Respectfully submitted,
Martha Gillett, TRMC, CIVIC
City Secretary
Passed and approved on this6�-day of July 2009.
L01
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: July 27.2009
Requested By: Donald I Add
Department: Tiro
Report: Resolution: Ordinance:
Exhibits: Bidders List, Bid Tabulation
Exhibits: Bidder's Subcontractors List
-Tr rrssrirrsrs� n T.Trn rssrrt �zsrs�
Appropriation
Source of Funds: 2000 G O Bonds
Account Number: 04198929351100
Amount Budgeted: SS242.174.00
Amount Requested:S163,155 nn
Budgeted Item: YES
SUMMARY & RECOMMENDATION
Advertised, Sealed #09020- Fire Training Facility Expansion was opened on June 23, 2009. Bid requests were sent
out to 26 venders with 9 returning bids.
Recommend that council award bid to Hull & Hull, Inc. to build the Fire Training Center Classroom Addition. Bid
will include the base scope of work plus alternatives 2 and 3, with a 10% construction contingency to cover any
unforeseen items. Staff recommends Hull &Hull on the basis of their past work history and their utilization of local
subcontractors. The time frame of completion by Hull & Hull is also 4 to 6 weeks shorter than other bidder. Staff
believes that awarding the bid to Hull & Hull is the best value for the city.
Action Rees uired by Council:
Award bid #09020 for additions to the Fire Training Facility to Hull & Hull for the amount of
$148,414.00 and establish an additional $14,841.00 for construction contingencies.
Ron Bottoms, City Manager
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BIDDERS LIST
FIRE TRAINING FACILITY EXPANSION
SEALED BID #09020
L & M CONTRACTORS
530 S. Broadway St.
La Porte, Tx 77571
HULL & HULL, INC.
2223 Kelley St.
Houston, TX 77026
DERK HARMSEN CONSTRUCTION CO
2820 Center
Deer Park, Texas 77536
FOLLIS CONSTRUCTION CO.
111 N. Broadway
La Porte, TX 77571
OATES INDUSTRIES INC.
2900 E. X St.
La Porte, TX 77571
AGC- HOUSTON CHAPTER
3825 Dacoma
Houston, TX 77092
LUCAS CONSTRUCTION
551 C Link Rd.
League City, TX 77573
HARVEY BUILDERS
PO Box 42008
Houston, TX 77242-2008
JERDON ENTERPRISE, L.P.
13404 Redfish Lane
Stafford, TX 77477
CONSTRUCTION LTD.
1825 Upland Dr.
Houston, TX 77043
C.F. JORDAN, L.P.
9801 Westheimer, Suite 320
Houston,TX 77042
COMEX CORPORATION
PO Box 862
Deer Park, TX 77536
SPAWGLASS CIVIL CONSTRUCTION, INC
13800 West Road
Houston, TX 77041
HALE MILLS CONSTRUCTION
4130 Bellaire Blvd., Suite210
Houston, TX 77025
VAUGHN CONSTRUCTION
10355 Westpark Dr.
Houston, TX 77042-5312
TURNER CONSTRUCTION COMPANY
4623 Dacoma St
Houston, TX 77092
PATAK CONSTRUCTION, INC.
1927 Hwy. 146
Kemah, TX 77565
STONEWALL CONSTRUCTORS
2616 South Loop West, Suite 305
Houston, TX 77054
MONTGOMERY BUILDING SERVICES
P.O. Box 187
Montgomery, TX 77356
R. HASSELL BUILDERS
3550 Willow Bend
Houston, TX
LL S F CONSTRUCTION MGT.
1913 West Loop
El Campo, TX 77437
BROOKS CONCRETE
4018 Allen Genoa
Pasadena, TX 77504
VIRTUAL BUILDERS EXCHANGE
3910 Kirby Drm Suite 131
Houston, TX 77098
CZS DEVELOPERS LLC
P.O. Box 18903
Sugar Land, TX 77496
DIVISION ONE CONSTRUCTION
1900 North Loop West, Suite 620
Houston, TX 77018
T & T CONSTRUCTION
204 Preston
Pasadena, TX
La Porte Chamber of Commerce
PO Box 996
LaPorte, TX 77572
Bayshore Sun Publish Dates:
May 24, 2009
May 31, 2009
HULL & HULL, INC.
WILLIAM C. HULL, Pres.-C.E.O.
DEBORAH A. HULL, Vice Pres.
JONNA TOWERY, Secty - Treas.
Date: July 1, 2009
From: Bill Hull
To: Regan McPhail
Company: City of La Porte
Fax: 281-470-5005
Contra1tO13 Since 1940
Speed Memo
Subject: Fire Training Facility Additions
2223 KELLEY
HOUSTON, TEXAS 77026
(713) 699-2577
F A X (713)699-2581
Message: In complete accordance with your recent request we offer the attached list of subs
and suppliers along with their locations.
The sprayed on K-13 insulation will be re -figured to include OH Deck and dorm
to the wall plate line in lieu of throughout the entire building as shown in the
narrative of the project manual for Alternate #,1. This pricing is due in shortly.
If there are any questions, please do not hesitate to contact this office.
1 attachment
LIST OF SUBCONTRACTORS AND VENDORS
CITY OF LA PORTE FIRE TRAINING FACILITY
FIRM LOCATION
Snyder
La Porte
Stroud
La Porte
E&H Millwork
La Porte
R.A. Weaver
Deer Park
Brooks
Pasadena
Davis
Angleton
Altex
Houston
Integrence
Houston
SCS
Houston
Premier
Woodlands
R.S. Henry
Houston
Five Starr
New Caney
Rachel
Porter
Cero
Houston
S&K
Magnolia
Fireproof
Houston
Acoustical Concepts
Houston
Symco
Houston
Powada
Houston
Custom Drapery
Houston
Pearland Industries
Pearland
Page 1 of 1
From: Masterson, Jeana
Sent: Thursday, July 09, 2009 8:35 AM
To: Ladd, Donald; McPhail, Reagan
Subject: FW: Sealed Bid #09020 - Fire Training Facility Expansion... calendar days
Please see the email below from Bill Hull in reference to the estimated days of completion for the Fire
Training Facility Expansion.
yea La. Ma.�,rXTW
Buyer
C ity of Lal floe tee
281-470-5124
281-470-5127 (Fag)
From: WCHULL [mailto:wchull@comcast.net]
Sent: Thursday, July 09, 2009 9:27 AM
To: Masterson, Jeana
Subject: Re: Sealed Bid #09020 - Fire Training Facility Expansion.., calendar days
Jeana,
The subject project is expected to take 90 days to substantial completion.
design drawings can be finalized while the foundation is being installed .
Best,
Bill Hull
Hull & Hull, Inc.
2223 Kelley St
Houston, TX 77026
O 713-699-2577
F 713-699-2581
C 713-545-5060
----- Original Message -----
From: Masterson, Jeana
To: WCHULL
Sent: Wednesday, July 08, 2009 10:44 AM
Subject: Sealed Bid 409020 - Fire Training Facility Expansion
The pre-engineered metal building
Could you please provide us with the number of days expected to complete the Fire Training
Facility Expansion project? Thank you.
Jea*i.w Ma4tersa-w
Buyer
City of La. Parte
281-470-5124
281-470-5127 (Fax)
No virus found in this incoming message.
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file://S:\Council Agendas - Draft\CC July 27th\Fire\FW Sealed Bid 909020 - Fire Training Facility Expan... 7/20/2009
CONSTRUCTORS
June 29, 2009
City of LaPorte, Purchasing Division
Ms. Jeana Masterson
2963 North 23'' Street
LaPorte, TX 77571
RE: Sealed Bid #09020, Fire Training Facility Expansion Project
Dear Ms. Masterson:
W6 South loop West. Suite 305
Houston, Tews 77054
713.6604334 Tel
713.660.7322 Fax
wwr,stonewalkenatnrct9ra,com
Enclosed is the information requested by the City of La Porte, Purchasing Division
for the above -referenced project. I will also send originals via mail. If you have any
questions or need additional infonnation, please feel free to contact me.
Sincerely,
Kara K. Edwards
Lead Project Administrator
Attachments: 4 Total
References
Proposed Subcontractors
Resume: Alan Calaway, Project Manager
Resume: Juan Sanchez, Superintendent
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1`0 N E WAL L
CONSTRUCTORS
July 8, 2009
City of La Porte, Purchasing Division
Ms. Jeana Masterson
2963 North 23' Street
LaPorte, TX 77571
RE: Sealed Bid #`09020 — Fire Training Facility Expansion Project
Dear Ms. Masterson:
Please see our proposed schedule below:
Sitework / Concrete: 4 Weeks
Metal Building Drawing Time: 4 Weeks (concurrent with Sitework / Concrete)
Metal Building Drawing Approval: 2 Weeks (Depending on City of La Porte requirements)
Metal Building Fabrication and Delivery: 4 Weeks
Completion of Project: 8 Weeks
Total Project Time: 18 Weeks
Please Iet me know if you have any questions or need further information. Thank you in advance for
your time.
Sincerely,
aA�6a
AKara. Edwards
Lead Project Administrator
26It South Loop West, Sude 305
Houston, Tews 77054
71.3.560.6334 Tel
713.860.7322 Fax
wwwstonewaltwnstructors.com
11
REQUEST FOR CITYrAcc
NCIL AGENDA ITEM
Agenda Date Requested: January14 2008 Appro riation
Requested By: Stephen L. Barr e of Funds: N/A
Department: Parks & Recreation Number:
Report: _Resolution: Ordinance: X I Amount Budgeted: N/A
Exhibits: Interlocal Agreement - HCFCD I Amount Requested: N/A
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
The City of La Porte is building a bicycle -pedestrian trail along Fairmont Parkway as a component of
the 2001 Bicycle Pedestrian Trail System Master Plan, as approved by City Council. The trail alignment will
require easements from various properties along the route, including four from the Harris County Flood Control
District.
The Interlocal Agreement being considered will allow the trail to be placed on Harris County Flood
Control property and will facilitate the building of the trail in the near future. The plans for the trail have been
reviewed by HCFCD and they are comfortable with the alignment. There is one easement on undeveloped
HCFCD land that has not been master -planned. Once that is done by HCFCD, the trail may have to be moved.
At this point HCFCD does not have a definitive answer as to when the land will be developed as a future
stormwater detention facility, but it appears to be some years away.
Staff recommends approval of the Interlocal Agreement between the City of La Porte and Harris County
to be able to move forward with the trail installation. There are several more easements that will be required
before we can move forward with the installation, including one from the City of Pasadena. Once the easements
are in place we will be able to move forward toward providing this important component in the City's Trail
Master Plan.
Consider approval of an Ordinance authorizing the City Manager to execute the Interlocal
ent between the City of La Porte and Harris County Flood Control District, allowing the City's Bike -
an trail to be built on HDFCD property.
Ron Bottoms, City Manager
Da e
Exhibit # 1
Ordinance 2009 31 s 8
ORDINANCE NO.2009- 515 8
AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY FLOOD
CONTROL DISTRICT FOR BIKE -PEDESTRIAN TRAIL EASEMENTS ON HARRIS
COUNTY FLOOD CONTROL OWNED PROPERTY, ACCORDING TO THE TERMS
OF THE AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; 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. The City Council hereby approves and authorizes the contract, agreement, or
other undertaking described in the title of this ordinance, a copy of which is on file in the office
of the City Secretary. The City Manager is hereby authorized to execute such document and all
related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to
attest to all such signatures and to affix the seal of the City to all such documents.
Section 2. The City Council officially 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.
Page 1 of 2
Section 3. This Ordinance shall be effective from and after its passage and approval, and
it is so ordered.
PASSED AND APPROVED, this 27TH day of JULY, 2009.
ATTEST:
L4&dz;&1V-- ,
Martha Gillett,
City Secretary
APPROVED AS TO FORM:
0� ot /'��
Clark T. Askins,
Assistant City Attorney
Page 2 of 2
CITY OF LA PORTE
By:
Barr easley
Ma or
Exhibit #2
Interlocal Agreement
INTERLOCAL AGREEMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
THIS AGREEMENT is made, entered into pursuant to the Interlocal Cooperation Act, TEXAS Gov'T
CODE ANN., Chapter 791, and executed by and among the Harris County Flood Control District, a
body corporate and politic under the laws of the State of Texas, hereinafter called "HCFCD" or the
"District" and the City of La Porte, a municipal corporation, hereinafter called the "City."
RECITALS:
WITNESSETH, that
WHEREAS, the City desires to construct or cause to be constructed a 10-foot wide public hike and
bike trail with related appurtenances across HCFCD Units B106-00-00, B109-00-00, B509-03-00,
and F216-00-00 to extend from the Pasadena Convention Center, on the south side of Fairmont
Parkway to Little Cedar Bayou Park on the east side of Highway 146 approximately 5.2 miles in
length and 10 feet wide, hereinafter called the "Trail"; and
WHEREAS, the City desires to maintain or cause to be maintained the Trail with related
appurtenances; and
WHEREAS, the District is willing to allow the City to use the portion of the property owned in fee by
the District (hereinafter the "Property") for the purposes stated herein, subject to the conditions
hereinafter provided; and
WHEREAS, the City has prepared a map/layout of the proposed alignment of the Trail, which has
been reviewed by the District personnel and is shown in Exhibit "A" attached to this Agreement for
descriptive purposes only.
NOW, THEREFORE, in consideration of the mutual covenants, agreements and benefits to both
parties, it is agreed as follows:
TERMS:
Plans and Specifications
After the approval of this Agreement by the Commissioners Court of Harris County, the City will
furnish the District, for the District's written approval, detailed construction plans and specifications
(hereinafter the "Plans and Specifications") for the Project. After the approval of the Plans and
Specifications by an authorized representative of the District, the District representative will so notify
the City that the District allows the City's use of the following described Property situated in the
County of Harris, State of Texas, for the purpose of constructing and maintaining the Trail: a 10-foot
wide public hike and bike trail with related appurtenances across HCFCD Units B106-00-00,
B109-00-00, B509-03-00, and F216-00-00 to extend from the Pasadena Convention Center, on the
south side of Fairmont Parkway to Little Cedar Bayou Park on the east side of Highway 146
approximately 5.2 miles in length.
Construction
Only after receipt of the notice of the approval of the Plans and Specifications from the District, the
City , at the City's sole expense, shall commence to construct, and shall proceed diligently until
completed (but in no event longer than one (1) year from the commencement of construction of the
Trail, unless the Director determines in his sole discretion that good cause exists to extend the time
in which the Trail is to be completed), the Trail in a good and workmanlike manner and in substantial
accordance with the Plans and Specifications, which have been approved in advance by the District
for such purposes. If any conflict arises between the provisions of the Plans and Specifications and
the provisions of this Agreement, this Agreement shall be controlling and binding upon the parties
hereto.
Maintenance and Repair
The City shall maintain in good repair and in safe condition the Trail, including but not limited to,
repair of slope, pavement, bridges, stairways, landscaping, irrigation features, traffic control signs,
light fixtures, electrical equipment, and all other improvements and appurtenances constructed or to
be constructed along the Trail. The City acknowledges that the Trail or one or more of its
improvements and appurtenances could adversely affect the condition of the Property's flood control
features. Therefore, in the event the District's Director, in his sole discretion, determines that the
Trail or one or more of its improvements and appurtenances has caused damage or destroyed a
flood control feature of the Property, then all such property of the District so damaged or destroyed
shall be promptly repaired or replaced by the City to the satisfaction of the District's Director.
However, in lieu of said repair or replacement, the City shall, if so required bythe District's Director,
pay to the Harris County Flood Control District money in an amount deemed sufficient by the
District's Director, in his sole discretion, to compensate for the loss sustained by the District as a
result of damages or destruction to said flood control features. The City shall perform its obligations
as specified herein regardless of who or what necessitated the repairs or replacement and without
the aid or assistance of the District or the District's equipment, personnel, or materials. The City
shall mow, edge, and trim the grass between the Trail and the District right-of-way line and between
the Trail and the top of the bank on the side of the channel on which the Trail is located, hereinafter
called the "Maintenance Area." The City shall mow, edge, and trim the said grass at such time
intervals so as to keep same from attaining a height of more than nine (9) inches. The City shall
remove the trash, paper, debris, and accumulated silt from the Trail and Maintenance Area at such
time intervals so as to keep the Trail and Maintenance Area neat and tidy at all times. The City shall
also pick up the trash and debris that collects on any other improvements or appurtenances
associated with the Trail. All maintenance required as hereinabove set forth shall be the sole
responsibility of the City.
Trail Alteration and Inspection
The City will not undertake any alteration to the Trail, any existing improvements thereto, or begin
any construction without first securing the written approval of an authorized representative of the
District of the plans and specifications for the same. With the prior written consent of an authorized
representative of the District, the City may make minor changes in the Plans and Specifications
necessary or desirable during the construction of the Trail.
-2-
During the term of this Agreement, the District, its Director or his designee(s) (hereinafter the
"Director") may inspect the Trail and the Maintenance Area to determine whether the City is
constructing and maintaining the Trail and performing its other obligations pursuant to this
Agreement.
V.
Trees and No Waste
The City shall not cause or permit any waste upon the hereinabove described Trail and Property.
Further, the City shall not cut or damage any tree or trees on the District's Property with a diameter
breast -high ("dbh") greater than three (3) inches at a level approximately four and one-half (41/z) feet
from its base, without the prior written consent of the District's Director.
lI
Public Use and No Fee
The Trail shall be open to the use of the general public. No fee or charge shall be imposed for the
use thereof.
VII.
Limitation and Disclaimer of Warranty
The City's right to the use and enjoyment of the Trail for the purposes herein stated is expressly
limited to the District's right, title, and interest, if any, in and to the Property, and the District makes
no warranty or representation as to its right, title, or interest, if any, in and to said Property. If, and in
the event that, additional rights, title, and interest in and to the Property are needed for the
construction, maintenance, or operation of the Trail, the acquisition of such rights, title, and interest
shall be at the sole expense and obligation of the City.
Vill.
Term
The term of this Agreement begins on September 1, 2009 and ends on August 31, 2034; however, it
shall continue thereafter on a year to year basis, unless earlier terminated as provided hereunder.
Any party hereto may terminate this Agreement prior to the expiration of said term(s), without cause,
upon thirty (30) days prior written notice to the other parties hereto.
IX.
Notices
All notices shall be given to the District by registered or certified mail, postage prepaid, return receipt
requested, addressed to Harris County Flood Control District, Attention: Director,
9900 Northwest Freeway, Houston, Texas 77092, or to such other address as the District may
designate in writing from time to time. All notices shall be given to The City, by registered or certified
mail, postage prepaid, return receipt requested, addressed to The City of La Porte, Attention:
Director of Parks and Recreation,1322 South Broadway Street, Houston, Texas 77571. Each
notice shall be considered exercised and completed upon deposit of the notice in the United States
mail as aforesaid.
We
0
The District's Rights Paramount
The District has advised the City and the City is aware that portions of the Property located along HCFCD
Units 13106-00-00, 6109-00-00, 13509-03-00, and F216-00-00 were acquired for flood control and
drainage purposes. The District presently uses said portions of the Property upon which the Trail is to be
constructed for maintenance of HCFCD Units 6106-00-00, 13109-00-00, B509-03-00, and F216-00-00,
and the District contemplates future use of the Property for widening of the drainage facility and for other
flood control and drainage improvements as the need for the same may arise and funds may be available.
The District hereby expressly reserves to itself, its officers, employees, agents, and contractors, the right to
enter upon said Property and Trail at any time for any purpose necessary or convenient in connection with
drainage and flood control work, to flood said Property and Trail, and to make such other use of said
Property and Trail as may be necessary or desirable in connection with drainage and flood control, and the
City shall have no claim for damages of any character on account thereof against the District, or any officer,
employee, agent, or contractor thereof. The District shall have no responsibility to replace or repair any
portion of the Trail that is damaged in the course of such flood control activities. If the Trail or other
structures appurtenant thereto constructed by the City, including but not limited to, railings or low water
crossings, are damaged by the District during drainage or flood control activities or by the flow of water in the
channel, the District reserves the right not to allow the City to rebuild the Trail or replace the structures
appurtenant thereto if to do so would in the Director's opinion impede the flow of water in the channel. The
District further reserves the right to remove portions of the Trail from time to time as the Director
determines necessary or convenient to accommodate channel improvements, and further, to not
permit the City to rebuild same. The District makes no representation as to the suitability of the soils
or the stability of the channel bank for the City's intended purposes. The City understands that in
the event of a failure involving distinct elements of the Trail's construction, the District may not
permit the City to replace those elements.
XI.
Covenant Not To Sue and Release
THE CITY COVENANTS NOT TO SUE AND AGREES TO RELEASE THE DISTRICT AND ITS
AGENTS, OFFICERS, SERVANTS, EMPLOYEES, REPRESENTATIVES, LICENSEES, AND
INVITEES (HEREINAFTER IN THIS ARTICLE, THE "DISTRICT") FROM AND AGAINST ANY
AND ALL LOSSES, LIABILITY, CLAIMS DEMANDS, AND CAUSES OF ACTION OF EVERY
CHARACTER AND KIND RESULTING FROM PERSONAL INJURY, ILLNESS, OR DAMAGE TO
OR LOSS OF PROPERTY OCCURRING, GROWING OUT OF, INCIDENT TO, OR RESULTING
DIRECTLY OR INDIRECTLY FROM THE ACTIONS OF THE CITY, ITS EMPLOYEES, AGENTS,
SERVANTS, REPRESENTATIVE, LICENSEES, OR INVITEES IN SECURING, EXERCISING, OR
IN ANY MANNER PERFORMING THE TERMS AND CONDITIONS OF THIS AGREEMENT. IT IS
THE EXPRESS INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE COVENANT NOT
TO SUE AND TO RELEASE PROVIDED FOR IN THIS ARTICLE IS EXTENDED BY THE CITY TO
ALSO RELEASE THE DISTRICT FROM THE CONSEQUENCES OF THE DISTRICT'S OWN
NEGLIGENCE. THIS COVENANT NOT TO SUE AND TO RELEASE SHALL APPLY EVEN
THOUGH ANY DAMAGE, INJURY, SICKNESS, OR DEATH IS CAUSED IN WHOLE OR IN PART
BY ANY DEFECT IN OR CONDITION OF ANY PROPERTY, AREA, FACILITIES EQUIPMENT,
TOOLS, OR OTHER ITEMS WHICH MAY BE PROVIDED BY THE DISTRICT, WHETHER OR
NOT SUCH DEFECT OR CONDITION WAS KNOWN OR COULD HAVE BEEN KNOWN BY THE
DISTRICT. THE COVENANT NOT TO SUE AND TO RELEASE PROVIDED HEREIN SHALL NOT
BE CONSTRUED IN ANY WAY TO LIMIT INSURANCE COVERAGES PROVIDED BY THE CITY
FOR THE DISTRICT PURSUANT TO THE TERMS OF THIS AGREEMENT, WHICH INSURANCE
REQUIREMENT IS INDEPENDENT FROM AND IN ADDITION TO SUCH CONVENANT NOT TO
SUE AND TO RELEASE.
MI.
Indemnification by Contractor and Insurance Requirements
The City will cause to be inserted in the construction contract for the Trail an agreement that the
contractor will indemnify, protect, covenant not to sue, release, and save and hold harmless the City
and the Harris County Flood Control District and all their representatives from all suits, actions, or
claims of any character brought on account of any injuries or damages sustained by any person or
property in consequence of any neglect in safeguarding the work or through the use of unacceptable
materials in the construction of the Trail or any associated improvements, or on account of any act
of omission by the contractor.
The City shall furthermore require that the construction contractor's insurance policies name the
Harris County Flood Control District as an insured. Such insurance policies shall include not less
than the minimum coverages as stated in the current "Harris County General Conditions for Roads,
Bridges and Related Work."
The City shall at all times keep and maintain during the term of this Agreement, at their own
expense, a general liability insurance policy covering the Trail and all facilities and activities
associated therewith, with coverage in the amount of not less than ONE HUNDRED THOUSAND
DOLLARS ($100,000.00) for injury to or death of any one person and not less than THREE
HUNDRED THOUSAND DOLLARS ($300,000.00) for injury to or death of more than one person in
any one accident or occurrence, and not less than ONE HUNDRED THOUSAND DOLLARS
($100,000.00) for any single occurrence for damage to or destruction of property, or in the amounts
of the HCFCD's maximum limitations under the Texas Tort Claims Act, whichever amounts shall be
greater for covering HCFCD. Said policy(ies) shall name the Harris County Flood Control District as
an insured. The City shall deliver a copy of each such policy to the Director of the District within
fifteen (15) days after the effective date of this Agreement. Not later than thirty (30) days after the
expiration date of each policy, the City shall furnish a copy of a renewal insurance policy to the
Director of the District.
XIII.
Not Joint Enterprise, Employee Nor Agent
This Agreement is not intended to and shall not create a joint enterprise between the City and the
District. It is understood and agreed that the District and the District's personnel shall not be
considered employees, agents, partners, joint venturers, or servants of the City. It is also
understood and agreed that the City's personnel shall not be considered employees, agents,
partners, joint venturers, or servants of the District. The parties are undertaking governmental
functions or services under this Agreement and the purpose hereof is solely to further the public
good, rather than any pecuniary purpose. The party undertaking work under this Agreement shall
have a superior right to control the direction and management of such work and the responsibility for
day-to-day management and control of such work except as may otherwise expressly be provided
herein.
XIV.
No Intent to Dedicate
The City's use of the District's Property set out herein is intended by the parties to be temporary in
nature. Neither the District nor the City intend to designate any part of the Trail as a park, recreation
area, scientific area, wildlife refuge, or historic site for any purpose, including TEx. PARKS & WILD.
CODE ANN. Ch. 26, as amended, or to dedicate any part of the Trail as a park for any purpose,
-5-
including Tex. Loc. Gov't Code Ann. Ch. 317, as amended.
XV.
No Allocation of Funds
It is expressly understood and agreed by the parties, such understanding and agreement being
f
the essence to this Agreement, that the District has not appropriated funds hereunder to fulfill an
obligation created by the terms of this Agreement; provided further, however, that the District may,
but shall not be obligated to, from time to time budget and a y created hereunder. In the event the District shall fail or reuse totappropriate
fulfill any obligation
necessary to perform any obligation hereunder, the sole remedy of the City hall be to terminate this
agreement; provided further, however, that before terminating this Agreement for such failure or
refusal, the City shall first notify the District in writing of its intent to terminate and give the District not
less than thirty (30) days to remedy such deficiency, and thereafter only terminate in the event the
District fails or refuses to remedy the deficiency.
XVI.
Entire A reement
This instrument contains the entire agreement between the parties relating to the rights herein
granted and the obligations herein assumed. Any modifications concerning this instrument shall be
of no force and effect excepting a subsequent modification in writing, signed by all parties hereto.
XVII.
Titles and Provisions
Titles are for convenient reference only and shall not be used to interpret or limit the meaning of an
provision of this Agreement. The use of the neuter, male, or female singular pronoun to refer to the
District or the City shall be deemed a proper reference, even though the District or the City may be a
male individual, a female individual, a partnership, a corporation, a limited liability compan
governmental entity, or any other entity or group of two or more individuals or entities. y,
EXECUTED in triplicate originals on SEP 15 2009
APPROVED AS TO FORM:
VINCE RYAN
Harris County Attorney
By: — qq4i�k- L��=
MITZI TUR
Assistant County Attorney
ATTEST: [or WITNESS]
HARRIS COUNTY FLOOD CONTROL
DISTRICT
By: � [/ _ ED EMMETT
.QQunty Judge
ITY 03 LA PO
By:
Koo iDv1
Title: Mar
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03-24-09
TRACTS OF LAND IN THE
KED EO BY:
SEW
JOHNSON HUNTER SURVEY,
CITY OF LA PORTS
PROJ. No.:
02-1168-01
ABSTRACT No. 35 IN HARRIS
HUITT-ZOLLARS. ClW
COUNTY, TEXAS
604 WEST FAIRMONT PARKWAY
1500 S. DAIRY ASHFORD
(10' PEDESTRIAN/BIKE
LA PORTE. TEXAS 77571
SUITE 200
EASEMENT -H.C.F.C.D.-UNIT
281-471-5020
HOUSTON, TX 77077
NO.F216-00-00)
PHONE 281-496-0066
SHEET:
5 of 5
FAX 281-496.0220
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NO. REV ISION DATE
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Exhibit "D"
THENCE, North 03 degrees 04 minutes 57 seconds West, parallel to and 14.00 feet
West of the West line of said Block 1131, 250.00 feet to a point on the North line of said
closed 9th Street;
THENCE, North 86 degrees 56 minutes 29 seconds East along the North line of said
closed 9th Street, 10.00 feet to the POINT OF BEGINNING and containing 0.0574 acres
of land.
Bearings are based on the Texas State Plane Coordinate System, South Central Zone
(No. 4204) North American Datum of 1983 (NAD 83) CORS adjustment based from
satellite observations.
This description was prepared in conjunction with surveys made on the ground in
December 2008 and January 2009.
March 24, 2009
By: Huitt-Zol
Steven E. Williams, R.P.L.S.{
Texas Registration No. 4819
a�./'/' 4 P 9.'
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STEVEN E. WILLIAM
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Page 4 of 5
KAproj\survey\02116801\Easements\doc\M&B ESMTTR 35.doc
Exhibit "D"
METES AND BOUNDS DESCRIPTION
0.0574 ACRES OF LAND IN THE JOHNSON HUNTER
SURVEY, ABSTRACT No. 35
IN HARRIS COUNTY, TEXAS
(10' PEDESTRIAN/BIKE EASEMENT
H.C.F.C.D. UNIT No. F 216-00-00 — TRACT 2)
BEING 0.0574 acres of land in the Johnson Hunter Survey, Abstract No. 35 in the City of
La Porte, Harris County, Texas; being part of 9th Street, a sixty foot wide street dedicated
by the plat of Town of La Porte recorded in Volume 60, Page 122 Deed Records of
Harris County Texas; being a part of that same portion of said a Street that was
vacated, abandoned and permanently closed by City of La Porte Ordinance No. 1391;
said 0.0574 acre tract of land is described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod at the intersection of the South line of Fairmont
Parkway with the West line of 8th Street for the Northeast corner of Block 1101, said
Town of La Porte, from said rod a 5/8 inch iron rod for the Northeast corner of Lot 19 and
the Southeast corner of Lot 20 said Block 1101 bears South 03 degrees 04 minutes 57
seconds East, 325.00 feet; THENCE, South 86 degrees 56 minutes 29 seconds West
along the North line of said Block 1101 and the South line of said Fairmont Parkway,
266.00 feet a point for the Northwest corner of said Block 1101 which is the Northwest
corner of that same 1.148 acre tract of land described in the deed to Harris County Flood
Control District recorded in Harris County Clerks File No. F598827, Official Public
Records of Real Property of Harris County, Texas; THENCE, South 03 degrees 04
minutes 57 seconds East, along the West line of said Block 1101, the West line of said
1.148 acre tract and the East line of said 9th Street, passing at 400.00 feet the Southwest
corner of said Block 1101 which is the Southwest corner of said 1.148 acre tract,
continuing and crossing K Street, a 60 foot wide street dedicated by the plat recorded in
Volume 60, Page 122 Deed Records of Harris County Texas, in all a total distance of
460.00 feet to a point for the Northwest corner of Block 1131, said Town of La Porte
which is the Northwest comer of that same tract of land designated as Parcel "B" and
described in the deed to Harris County Flood Control District recorded in Harris County
Clerks File No. J237303 Official Public Records of Real Property of Harris County,
Texas, said point also being the Northeast corner of that aforementioned portion of 9th
Street closed by City of La Porte Ordinance No. 1391; THENCE, South 86 degrees 56
minutes 29 seconds West along the South line of K Street and the North line of said
closed 9th Street, 4.00 feet to the POINT OF BEGINNING of this tract herein described;
THENCE, South 03 degrees 04 minutes 57 seconds East, parallel to and 4.00 feet West
of the West line of said Block 1131, which is the West line of said Parcel "B" and the
East line of said closed 91h Street, 250.00 feet to a point on the South line of said closed
9th Street;
THENCE, South 86 degrees 56 minutes 29 seconds West, along the South line of said
closed 9th Street, 10.00 feet;
Page 3 of 5
K:\proj\survey\02116801\Easements\doc\M&B ESMT TR 35.doc
Exhibit "D"
THENCE, North 86 degrees 56 minutes 29 seconds East along said line, 12.13 feet to
the POINT OF BEGINNING and containing 0.0919 acres of land.
Bearings are based on the Texas State Plane Coordinate System, South Central Zone
(No. 4204) North American Datum of 1983 (NAD 83) CORS adjustment based from
satellite observations.
This description was prepared in conjunction with surveys made on the ground in
December 2008 and January 2009.
March 24, 2009
By: Huitt-Zollars, 0 F T F�
�eeeoe•e�
,`P.•°GAS T 1F ;'9�,
co 'k, o
Steven . i iams, R.P.L.S.
Texas Registration No. 481 'STEVEN' E. WILLIAN
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Page 2 of 5
KAproj\survey\02116801\Easements\doM&B ESMT TR 35.doo
Exhibit "D"
METES AND BOUNDS DESCRIPTION
0.0919 ACRES OF LAND IN THE JOHNSON HUNTER
SURVEY, ABSTRACT No. 35
IN HARRIS COUNTY, TEXAS
(10' PEDESTRIAN/BIKE EASEMENT
H.C.F.C.D. UNIT No. F 216-00-00 — TRACT 1)
BEING 0.0919 acres of land in the Johnson Hunter Survey, Abstract No. 35 in the City of
La Porte, Harris County, Texas; being part of 9th Street, a sixty foot wide street dedicated
by the plat of Town of La Porte recorded in Volume 60, Page 122 Deed Records of
Harris County Texas; being a part of that same portion of said 9th Street that was
vacated, abandoned and permanently closed by City of La Porte Ordinance No. 1389;
said 0.0919 acre tract of land is described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod at the intersection of the South line of Fairmont
Parkway with the West line of 8th Street for the Northeast corner of Block 1101, said
Town of La Porte, from said rod a 5/8 inch iron rod for the Northeast corner of Lot 19 and
the Southeast corner of Lot 20 said Block 1101 bears South 03 degrees 04 minutes 57
seconds East, 325.00 feet; THENCE, South 86 degrees 56 minutes 29 seconds West
along the North line of said Block 1101 and the South line of said Fairmont Parkway,
passing at 266.00 feet a point for the Northwest corner of said Block 1101 which is the
Northwest corner of that same 1.148 acre tract of land described in the deed to Harris
County Flood Control District recorded in Harris County Clerks File No. F598827, Official
Public Records of Real Property of Harris County, Texas, said point is also the Northeast
corner of the aforementioned portion of 91h Street closed by City of La Porte Ordinance
No. 1389, continuing along the South line of said Fairmont Parkway and the North line
of said closed 9th Street, in all a total distance of 272.27 feet to a point at the beginning
of a non -tangent curve to the right whose radius is 17.00 feet and whose radius point
bears South 56 degrees 56 minutes 29 seconds West, said point is the POINT OF
BEGINNING of this tract herein described;
THENCE, in a Southerly direction along said curve through a central angle of 29
degrees 58 minutes 33 seconds, 8.89 feet;
THENCE, South 03 degrees 04 minutes 57 seconds East, parallel to and 4.00 feet West
of the West line of said Block 1101 which is the West line of said 1.148 acre tract and
the East line of said closed 9th Street, 391.51 feet to a point on the South line of said
closed 9th Street and on the North line of K Street, a 60 foot wide street dedicated by the
plat recorded in Volume 60, Page 122 Deed Records of Harris County, Texas;
THENCE, South 86 degrees 56 minutes 29 seconds West, along the South line of said
Closed 9th Street, 10.00 feet;
THENCE, North 03 degrees 04 minutes 57 seconds West, parallel to and 14.00 feet
West of the West line of said Block 1101, 393.50 feet to a point at the beginning of a
tangent curve to the left whose radius is 7.00 feet;
THENCE, in a Northerly direction along said curve through a central angle of 68 degrees
11 minutes 21 seconds, 8.33 feet to a point on the North line of said closed 91h Street
and on the South line of Fairmont Parkway;
Page 1 of 5
KAproj\survey\02116801 \Easements\doc\M&B ESMT TR 35.doc
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10.318 ACRES TO:
HARRIS
COUNTY FLOOD CONTROL DISTRICT
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HARRIS COUNTY FLOOD CONTROL DISTRICT
H. C. C. F. No. K529266
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OATS: 03-10-09
ED
TRACST OF LAND IN THE
WILLIAM M. JONES SURVEY,
CHEC BY: SEW
ABSTRACT No.
CITY OF LA PORTS
PROD. No.: 02-1168-01
4821N HARRIS
HUITT-ZOLLARS, INC-
604 WEST FAIRMONT PARKWAY
COUNTY, TEXAS
1500 S. DAIRY ASHFORD
(10' PEDESTRIANJBIKE
LA PORTE, TEXAS 77571
SUITE 200
EASEMENTS-HCFCD-
281-471-5020
HOUSTON. TX 77077
SPRING GULL
PHONE 281-496-0066
SHEET: 5 of 5
FAX 281-496-0220
NO. REVISION DATe�
I_
THENCE, in a Northwesterly direction along said curve through a central angle of 77
degrees 46 minutes 27 seconds, 23.08 feet;
THENCE, North 03 degrees 06 minutes 31 seconds West, 47.02 feet to a point at the
beginning of a tangent curve to the left whose radius is 25.00 feet;
THENCE, in a Northerly direction along said curve through a central angle of 29 degrees
35 minutes 15 seconds, 12.91 feet to a point at the beginning of a tangent curve to the
right whose radius is 35.00 feet;
THENCE, in a Northerly direction along said curve through a central angle of 06 degrees
39 minutes 28 seconds, 4.07 feet to the POINT OF BEGINNING and containing 0.0181
acres of land.
Bearings are based on the Texas State Plane Coordinate System, South Central Zone
(No. 4204) North American Datum of 1983 (NAD 83) CORS adjustment based from
satellite observations.
This description was prepared in conjunction with surveys made on the ground in
December 2008 and January 2009.
March 10, 2009
By: Huitt-Zollars, Inc.
Steven E. Williams R.P.L.S. ZE°•OF•.,.F
\S T
c�
Texas Registration No. 4819
• O w°ee°oe°eee°e°oee°oe°eeee°e•e
'P'MVCA { ,' �1 C— tan. . ... _.
�•e'O,P 4819 P��
< °��FESSI�•°�<
Page 4 of 5
K:1prollsurvey102116801\Easements\docXM&B ESMT TR 8.doc
METES AND BOUNDS DESCRIPTION
0.0181 ACRES OF LAND IN THE WILLIAM M. JONES
SURVEY, ABSTRACT No. 482
IN HARRIS COUNTY, TEXAS
(10' PEDESTRIAN/BIKE EASEMENT
HCFCD — SPRING GULLY — TRACT 2)
BEING 0.0181 acres of land in the William M. Jones Survey, Abstract No. 482 in Harris
County, Texas; being a part of that certain 10.320 acre tract of land described in the
deed to Harris County Flood Control District recorded in Harris County Clerks File No.
K529266, Official Public Records of Real Property of Harris County, Texas, said 0.0181
acre tract of land is described by metes and bounds as follows:
COMMENCING at a 5/8 inch "Texas Land Surveying" plastic capped iron rod on the
South line of Fairmont Parkway (250 feet wide) for the Northwest corner of that certain
10.318 acre tract of land described in the deed to Harris County Flood Control District
recorded in Harris County Clerks File No. J818873, Official Public Records of Real
Property of Harris County, Texas, and the Northeast corner of that same 236.0 acre tract
of land designated as Tract One and described in the deed to Harris County Flood
Control District recorded in Harris County Clerks File No. X202178, Official Public
Records of Real Property of Harris County, Texas, from said capped iron rod a 1-1/4
inch copperweld rod on the South line of Fairmont Parkway bears South 86 degrees 55
minutes 22 seconds West, 1,329.69 feet; THENCE, North 86 degrees 55 minutes 22
seconds East along the South line of said Fairmont Parkway, passing at 85.01 feet the
Northeast corner of said 10.318 acre tract and the Northwest corner of said 10.320 acre
tract, continuing in all a total distance of 151.56 feet to the POINT OF BEGINNING of
this tract herein described;
THENCE, North 86 degrees 55 minutes 22 seconds East continuing along the North line
of Fairmont Parkway, 11.20 feet to a point at the beginning of a non -tangent curve to the
right whose radius is 35.00 feet and whose radius point bears South 59 degrees 43
minutes 11 seconds West;
THENCE, in a Southerly direction along said curve through a central angle of 27
degrees 10 minutes 18 seconds, 16.60 feet;
THENCE, South 03 degrees 06 minutes 31 seconds East, 47.02 feet to a point at the
beginning of a tangent curve to the left whose radius is 7.00 feet;
THENCE, in a Southeasterly direction along said curve through a central angle of 59
degrees 03 minutes 01 seconds, 7.21 feet to a point on the East line of said 10.320 acre
tract which is the West line of Restricted Reserve "B" Replat, Bayport North Industrial
Park Partial Replat No. 1, a subdivision recorded in Harris County Film Code No.
516298, Map Records of Harris County, Texas;
THENCE, South 03 degrees 06 minutes 31 seconds East along said line, 10.61 feet to a
point at the beginning of a non -tangent curve to the right whose radius is 17.00 feet and
whose radius point bears North 09 degrees 07 minutes 02 seconds East, from said point
a 5/8 inch aluminum capped iron rod on said line bears South 03 degrees 06 minutes 31
seconds East, 540.79 feet;
Page 3 of 5
K:\proj\survey\02116801\Easements\doc\M&B ESMT TR 8.doc
Exhibit "C"
THENCE, in a Northerly direction along said curve through a central angle of 16 degrees
29 minutes 22 seconds, 10.07 feet to the POINT OF BEGINNING and containing 0.0151
acres of land.
Bearings are based on the Texas State Plane Coordinate System, South Central Zone
(No. 4204) North American Datum of 1983 (NAD 83) CORS adjustment based from
satellite observations.
This description was prepared in conjunction with surveys made on the ground in
December 2008 and January 2009.
March 10, 2009
By: Huitt-Zollars, Inc.
Steven E. Williams, R.P.L.S. �•P•�\STF,Q•q
Texas Registration No. 4819 • �- p N
•
e.••.•••••e•••••m•cW1••a••••e•••••••3_LIAMS STEVEElI .
a•e•$••s•••••cc000a•o••o•••4••••
-0 4819 �•:
1
SUR�E
Page 2 of 5
KAproj\survey\02116801\Easements\d0C\M&B ESMT TR 8.doc
Exhibit "C"
METES AND BOUNDS DESCRIPTION
0.0151 ACRES OF LAND IN THE WILLIAM M. JONES
SURVEY, ABSTRACT No. 482
IN HARRIS COUNTY, TEXAS
(10' PEDESTRIAN/BIKE EASEMENT
HCFCD — SPRING GULLY — TRACT 1)
BEING 0.0151 acres of land in the William M. Jones Survey, Abstract No. 482 in Harris
County, Texas; being a part of that certain 10.318 acre tract of land described in the
deed to Harris County Flood Control District recorded in Harris County Clerks File No.
J818873, Official Public Records of Real Property of Harris County, Texas, said 0.0151
acre tract of land is described by metes and bounds as follows:
COMMENCING at a 5/8 inch "Texas Land Surveying" plastic capped iron rod on the
South line of Fairmont Parkway (250 feet wide) for the Northwest corner of said 10.318
acre tract and the Northeast corner of that same 236.0 acre tract of land designated as
Tract One and described in the deed to Harris County Flood Control District recorded in
Harris County Clerks File No. X202178, Official Public Records of Real Property of
Harris County, Texas, from said capped iron rod a 1-1/4 inch copperweld rod on the
South line of Fairmont Parkway bears South 86 degrees 55 minutes 22 seconds West,
1,329.69 feet; THENCE, North 86 degrees 55 minutes 22 seconds East along the South
line of said Fairmont Parkway, 8.04 feet to the POINT OF BEGINNING of this tract
herein described;
THENCE, North 86 degrees 55 minutes 22 seconds East continuing along the North line
of Fairmont Parkway, 10.62 feet to a point at the beginning of a non -tangent curve to the
left whose radius is 25.00 feet and whose radius point bears South 69 degrees 42
minutes 32 seconds East;
THENCE, in a Southerly direction along said curve through a central angle of 23
degrees 23 minutes 59 seconds, 10.21 feet;
THENCE, South 03 degrees 06 minutes 31 seconds East, 37.06 feet to a point at the
beginning of a tangent curve to the right whose radius is 17.00 feet;
THENCE, in a Southwesterly direction along said curve through a central angle of 88
degrees 39 minutes 06 seconds, 26.30 feet to a point on the West line of said 10.318
acre tract and the East line of said 236.0 acre tract;
THENCE, North 03 degrees 06 minutes 31 seconds West along said line, 10.01 feet to a
point at the beginning of a non -tangent curve to the left whose radius is 7.00 feet and
whose radius point bears North 06 degrees 23 minutes 04 seconds West;
THENCE, in a Northeasterly direction along said curve through a central angle of 86
degrees 43 minutes 27 seconds, 10.60 feet;
THENCE, North 03 degrees 06 minutes 31 seconds West, 37.06 feet to a point at the
beginning of a tangent curve to the right whose radius is 35.00 feet;
Page 1 of 5
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CAPPIft
,RL� MINIM
DATE: 03-17-09
DRAWN BY: JWR
CHECKED BY: SEW
PROJ. NO.: 02-1168-01
SHEET: 5 of 5
TRACST OF LAND IN THE
WILLIAM M. JONES SURVEY,
ABSTRACT No.
COUNTY, TEXAS
(10'PEDESTRIAN/BIKE
EASEMENTS -HCFCD-
BIG ISLAND SLOUGH)
CITY OF LA PORTS
HMMIM
HUITT-20LLARS, INC.
1500 S. DAIRY ASHFORD
SUITE 200
HOUSTON. TX 77077
PHONE 281-496-0066
FAX 28I-496-0220
604 WEST FAIRMON —PARKWAY
LA PORTE, TEXAS 77571
281-471-5020
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NO. REVISION DATE
Exhibit "B"
THENCE, North 86 degrees 52 minutes 27 seconds East along the South line of
Fairmont Parkway, 10.03 feet to the POINT OF BEGINNING and containing 0.0181
acres of land.
Bearings are based on the Texas State Plane Coordinate System, South Central Zone
(No. 4204) North American Datum of 1983 (NAD 83) CORS adjustment based from
satellite observations.
This description was prepared in conjunction with surveys made on the ground in
December 2008 and January 2009.
March 11, 2009
By: Huitt-Zollars, I
Steven E.Wilfiiams, R.P.L.S.
Texas Registration No. 4819
0
STE`- --f
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O
. O. D.......OD..000000....01
iTEVEN E. WILLIAM
i..s.0.DO0................j�.1
4819
l,9�0,SS��y��S
S URA
Page 4 of 5
KAproj\survey\02116801\Easements\doc\M&B ESMT TR 33.doc
Exhibit "B"
METES AND BOUNDS DESCRIPTION
0.0299 ACRES OF LAND IN THE WILLIAM M. JONES
SURVEY, ABSTRACT No. 482
IN HARRIS COUNTY, TEXAS
(10' PEDESTRIAN/BIKE EASEMENT
HCFCD — BIG ISLAND SLOUGH — TRACT 2)
BEING 0.0299 acres of land in the William M. Jones Survey, Abstract No. 482 in Harris
County, Texas; being a part of that certain 230 foot wide strip of land designated as "Big
Island Slough" and described in the deed to Harris County Flood Control District
recorded in Volume 8260, Page 124 Deed Records of Harris County, Texas, said 0.0299
acre tract of land is described by metes and bounds as follows:
COMMENCING at a 1 inch illegible plastic capped iron rod on the South line of Fairmont
Parkway (250 feet wide) at the intersection with an East line of said "Big Island Slough
for the Northwest corner of that same 49.366 acre tract of land described in the deed to
Notsouh Development Corporation recorded in Harris County Clerks File No.
20080480467, Official Public Records of Real Property of Harris County, Texas, from
said capped iron rod, a 5/8 inch aluminum capped iron rod for the Northeast corner of
said 49.366 acre tract bears North 86 degrees 52 minutes 27 seconds East, 1,574.42
feet; THENCE, South 86 degrees 52 minutes 27 seconds West along the South line of
said Fairmont Parkway, 24.29 feet to the POINT OF BEGINNING of this tract herein
described;
THENCE, South 07 degrees 16 minutes 03 seconds East, 93.75 feet to a tangent curve
to the left whose radius is 7.00 feet;
THENCE, in a Southeasterly direction along said curve through a central angle of 85
degrees 51 minutes 30 seconds, 10.49 feet;
THENCE, North 86 degrees 52 minutes 27 seconds East, 17.78 feet to a point on an
East line of said "Big Island Slough" and the West line of said 49.366 acre tract;
THENCE, South 07 degrees 16 minutes 03 seconds East along said line, 10.03 feet;
THENCE, South 86 degrees 52 minutes 27 seconds West, 18.51 feet to a tangent curve
to the right whose radius is 17.00 feet;
THENCE, in a Northwesterly direction along said curve through a central angle of 85
degrees 51 minutes 30 seconds, 25.47 feet;
THENCE, North 07 degrees 16 minutes 03 seconds West, 94.47 feet to a point on the
South line of Fairmont Parkway, from said point a 5/8 inch "Prejean" plastic capped iron
rod for a Northwest corner of Restricted Reserve "C" of Bayport North Industrial Park 11,
a subdivision recorded in Harris County Film Code No. 625094, Map Records of Harris
County, Texas bears South 86 degrees 52 minutes 27 seconds West, 474.40 feet and
then South 86 degrees 50 minutes 30 seconds West, 548.82 feet;
Page 3 of 5
K:IproJlsurvey1021168011Easementsldoc\M&B ESMT TR 33.doc
Exhibit "B"
Bearings are based on the Texas State Plane Coordinate System, South Central Zone
(No. 4204) North American Datum of 1983 (NAD 83) CORS adjustment based from
satellite observations.
This description was prepared in conjunction with surveys made on the ground in
December 2008 and January 2009.
March 11, 2009
0
Steven E. Williams, R.P.L.S.
Texas Registration No. 4819
® OF T
co <' 4 Fo :
...s..s.....es..ee..........
)TEVEN E. WILLIAM
�.,%... 0....... ...0....... -
-0 4819 QV:
J',,l9�,`�'p��ESS��y���l
s uR��,'
Page 2 of 5
K:\proj\survey\02116801\EasementsWocN&B ESMT TR 33.doc
Exhibit "B"
METES AND BOUNDS DESCRIPTION
0.0181 ACRES OF LAND IN THE WILLIAM M. JONES
SURVEY, ABSTRACT No. 482
IN HARRIS COUNTY, TEXAS
(10' PEDESTRIAN/BIKE EASEMENT
HCFCD — BIG ISLAND SLOUGH — TRACT 1)
BEING 0.0181 acres of land in the William M. Jones Survey, Abstract No. 482 in Harris
County, Texas; being a part of that certain 230 foot wide strip of land designated as "Big
Island Slough" and described in the deed to Harris County Flood Control District
recorded in Volume 8260, Page 124 Deed Records of Harris County, Texas, said 0.0181
acre tract of land is described by metes and bounds as follows:
COMMENCING at a 1 inch illegible plastic capped iron rod on the South line of Fairmont
Parkway (250 feet wide) at the intersection with an East line of said "Big Island Slough"
for the Northwest corner of that same 49.366 acre tract of land described in the deed to
Notsouh Development Corporation recorded in Harris County Clerks File No.
20080480467, Official Public Records of Real Property of Harris County, Texas, from
said capped iron rod, a 5/8 inch aluminum capped iron rod for the Northeast corner of
said 49.366 acre tract bears North 86 degrees 52 minutes 27 seconds East, 1,574.42
feet; THENCE, South 86 degrees 52 minutes 27 seconds West along the South line of
said Fairmont Parkway, 215.76 feet to the POINT OF BEGINNING of this tract herein
described;
THENCE, South 07 degrees 16 minutes 03 seconds East, 61.93 feet to a point at the
beginning of a tangent curve to the right whose radius is 17.00 feet;
THENCE, in a Southwesterly direction along said curve through a central angle of 82
degrees 33 minutes 52 seconds, 24.50 feet to a point on a West line of said "Big Island
Slough" and the East line of Restricted Reserve "C", Bayport North Industrial Park II, a
subdivision recorded in Harris County Film Code No. 625094, Map Records of Harris
County, Texas;
THENCE, North 07 degrees 16 minutes 03 seconds West along said line, 10.21 feet to a
point at the beginning of a non -tangent curve to the left whose radius is 7.00 feet and
whose radius point bears North 25 degrees 35 minutes 07 seconds West;
THENCE, in a Northeasterly direction along said curve through a central angle of 71
degrees 40 minutes 56 seconds, 8.76 feet;
THENCE, North 07 degrees 16 minutes 03 seconds West, 62.66 feet to a point on the
South line of Fairmont Parkway, from said point a 5/8 inch "Prejean" plastic capped iron
rod for a Northwest corner of said Reserve "C" bears South 86 degrees 52 minutes 27
seconds West, 278.12 feet and then South 86 degrees 50 minutes 30 seconds West,
548.82 feet;
THENCE, North 86 degrees 52 minutes 27 seconds East, 10.03 feet to the POINT OF
BEGINNING and containing 0.0181 acres of land.
Page 1 of 5
KAproj\survey\02116801\Easements\doc\M&B ESMT TR 33.doc
Exhibit "A"
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10.318 ACRES TO.
iE; HARRIS COUNTY FLOOD CONTROL DISTRICT
H.C. C.F. No. J818873
T O. P. R. R. P. H. C. T.
03-12-09
DRAWNDATE:
CHECK BY:
CHECKED
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0.4862 ACRES OF LAND IN THE
WILUAM M. JONES SURVEY,
CITY
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ABSTRACT No. 482 IN HARRIS
OF LA PORTS
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PROJ. No.:
:
02-1168-01
HUTT-2OLLARS, INC.
COUNTY, TEXAS
604 WEST FAIRMONT PARKWAY
1500 S. DAIRY ASHFORD
(10' PEDESTRIANBIKE
LA PORTE, TEXAS 77571
SUITE 200
EASEMENTS -HCFCD-
281-471-5020
HOUSTON. Tx 77077
SHEET:
3 of 3
236 ACRE TRACT)
PHONE 281-496-0066
FAX 201-496-0220
NO. REVISION DATE
� =1
Exhibit "A"
THENCE, North 03 degrees 07 minutes 39 seconds West along the West line of said
136.0 acre tract and the East line of said 29.981 acre tract, 10.47 feet to a point at the
beginning of a non -tangent curve to the left whose radius is 85.00 feet and whose radius
point bears North 21 degrees 17 minutes 35 seconds West, from said point a 5/8 inch
iron rod for a Northwest corner of said 236.0 acre tract bears North 03 degrees 07
minutes 39 seconds West, 277.21 feet;
THENCE, in a Northeasterly direction along said curve through a central angle of 35
degrees 50 minutes 53 seconds, 53.18 feet;
THENCE, North 32 degrees 51 minutes 32 seconds East, parallel to and 19 feet
Southeast of the Southeast line of said Exxon Pipeline Company easement, 678.10 feet
to a point at the beginning of a tangent curve to the right whose radius is 95.00 feet;
THENCE, in a Northeasterly direction along said curve through a central angle of 54
degrees 03 minutes 49 seconds, 89.64 feet;
THENCE, North 86 degrees 55 minutes 22 seconds East, parallel to and 54 feet South
of the South right-of-way line of Fairmont Parkway, 1,296.52 feet to a point at the
beginning of a tangent curve to the left whose radius is 7.00 feet;
THENCE, in an Easterly direction along said curve through a central angle of 03 degrees
18 minutes 25 seconds, 0.40 feet to the POINT OF BEGINNING and containing 0.4862
acres of land.
Bearings are based on the Texas State Plane Coordinate System, South Central Zone
(No. 4204) North American Datum of 1983 (NAD 83) CORS adjustment based from
satellite observations.
This description was prepared in conjunction with surveys made on the ground in
December 2008 and January 2009.
March 12, 2009
By: Huitt-Zollars,
Steven E. Williams, R.P.L.S.
Texas Registration No. 4819
�3
Page 2of3
K:\proj\survey\02116801\Easements\doc\M&B ESMT TR 6.doc
Exhibit "A"
METES AND BOUNDS DESCRIPTION
0.4862 ACRES OF LAND IN THE WILLIAM M. JONES
SURVEY, ABSTRACT No. 482
IN HARRIS COUNTY, TEXAS
(10' PEDESTRIAN/BIKE EASEMENT
HCFCD — 236 ACRE TRACT)
BEING 0.4862 acres of land in the William M. Jones Survey, Abstract No. 482 in Harris
County, Texas; being a part of that certain 236.0 acre tract of land designated as Tract
One and described in the deed to Harris County Flood Control District recorded in Harris
County Clerks File No. X202178, Official Public Records of Real Property of Harris
County, Texas, said 0.4862 acre tract of land is described by metes and bounds as
follows:
COMMENCING at a 5/8 inch "Texas Land Surveying" plastic capped iron rod on the
South line of Fairmont Parkway (250 feet wide) for the Northeast corner of said 236.0
acre tract and the Northwest corner of that certain 10.318 acre tract of land described in
the deed to Harris County Flood Control District recorded in Harris County Clerks File
No. J818873, Official Public Records of Real Property of Harris County, Texas;
THENCE, South 03 degrees 06 minutes 31 seconds East, 53.99 feet to the POINT OF
BEGINNING of this tract herein described;
THENCE, South 03 degrees 06 minutes 31 seconds East, 10.01 feet to a point at the
beginning of a non -tangent curve to the right whose radius is 17.00 feet and whose
radius point bears North 04 degrees 27 minutes 24 seconds West;
THENCE, in a Westerly direction along said curve through a central angle of 01 degrees
22 minutes 46 seconds, 0.41 feet;
THENCE, South 86 degrees 55 minutes 22 seconds West, parallel to and 64 feet South
of the South right-of-way line of said Fairmont Parkway, 1,296.52 feet to a point at the
beginning of a tangent curve to the left whose radius is 85.00 feet;
THENCE, in a Southwesterly direction along said curve through a central angle of 54
degrees 03 minutes 49 seconds, 80.21 feet;
THENCE, South 32 degrees 51 minutes 32 seconds West, parallel to and 29 feet
Southeast of the Southeast line of that certain Exxon Pipeline Company easement
designated as Bayport Pipeline Corridor "500" Segment 1 and described in the
instrument recorded in Harris County Clerks File No. R930138, Official Public Records of
Real Property of Harris County, Texas, 678.10 feet to a point at the beginning of a
tangent curve to the right whose radius is 95.00 feet;
THENCE, in a Southwesterly direction along said curve through a central angle of 37
degrees 48 minutes 58 seconds, 62.70 feet to a point on the West line of said 236.0 acre
tract and the East line of that certain 29.981 acre tract of land described in the deed to
Coastal Industrial Water Authority recorded in Harris County Clerks File No. E819078,
Official Public Records of Real Property of Harris County, Texas;
Page 1 of 3
KAproj\survey\02116801\Easements\doc\M&13 ESMT TR 6.doc
EXHIBIT A
City of La Porte
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EXHIBIT C
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EXHIBIT B
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Presented to Commissioner's Court
THE STATE OF TEXAS § SEP 15 2009
§ APPROVE
COUNTY OF HARRIS §
Recorded Vol Page
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at
the Harris County Administration Building in the City of Houston, Texas, on
cEP 152009 , with the following members present, to wit:
Ed Emmett
County Judge
El Franco Lee
Commissioner, Precinct No. 1
Sylvia R. Garcia
Commissioner, Precinct No. 2
Steve Radack
Commissioner, Precinct No. 3
Jerry Eversole
Commissioner, Precinct No. 4
and the following members absent, to wit: ,
constituting a quorum, when among other business, the following was transacted:
ORDER AUTHORIZING EXECUTION OF AGREEMENT
BY AND BETWEEN HARRIS COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF
LA PORTE TO CONSTRUCT AND MAINTAIN
A PUBLIC HIKE AND BIKE TRAIL ON HCFCD UNITS B106-00-00, B109-00-00, B509-03-00,
AND F216-00-00
KEY MAP =-E AND F; AND 580-F, PRECINCT 2
Commissionerintroduced an order and made a motion
that the same be adopted. Commissioner seconded the motion for
adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the
following vote:
AYES:
NAYS:
ABSTENTIONS:
Judge Ed Emmett
Comm. El Franco Lee
Comm. Sylvia R. Garcia
Comm. Steve Radack
Comm. Jerry Eversole
Yes No
Abstain
❑
❑
❑
❑
❑
❑
The County Judge thereupon announced that the motion had duly and lawfully carried and
that the order had been duly and law -fully adopted. The order thus adopted follows:
WHEREAS, the City desires to construct or cause to be constructed a 10-foot wide public
hike and bike trail with related appurtenances across HCFCD Units B106-00-00, B109-00-00,
B509-03-00, and F216-00-00 to extend from the Pasadena Convention Center, on the south side of
Fairmont Parkway to Little Cedar Bayou Park on the east side of Highway 146 approximately 5.2
miles in length and 10 feet wide, hereinafter called the "Trail"; and
WHEREAS, the City desires to maintain or cause to be maintained the Trail with related
appurtenances; and
WHEREAS, the District is willing to allow the City to use the portion of the property owned in
fee by the District (hereinafter the "Property") for the purposes stated herein, subject to the
conditions hereinafter provided; and
WHEREAS, the City has prepared a map/layout of the proposed alignment of the Trail,
which has been reviewed by the District personnel and is shown in Exhibit "A" attached to this
Agreement for descriptive purposes only.
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS
COUNTY, TEXAS THAT:
Section 1: The recitals set forth in this order are true and correct.
Section 2: County Judge Ed Emmett is hereby authorized to execute, for and on behalf
of the Harris County Flood Control District, an Agreement by and between
the Harris County Flood Control District and the City of La Porte, for
construction and maintenance of a public hike and bike trail and related
appurtenances, on, over, across, and through certain Property located along
both sides of the channel of HCFCD Units B106-00-00, B109-00-00,
B509-03-00, and F216-00-00, said agreement being incorporated herein by
reference for all purposes as though fully set forth verbatim herein.
CERTIFIED MAIL # 7008 1140 0002 1291 3445
RETURN RECEIPT REQUESTED
September 18, 2009
Mr. Stephen Barr, Director
Parks and Recreation Department
City of La Porte
1322 South Broadway Street
La Porte, Texas 77571
RE: Hike and Bike Agreement
Agreement No. 821
HCFCD Unit B106-00-00, B109-00-00, B509-03-00 and F216-00-00
Key Map Pages 578-H, 579-E and F, 580-F; Precinct 2
Dear Mr. Barr:
Harris County
flood Control District
9900 Northwest Freeway
Houston, Texas 77092
713-684-4000
www.hefcd.org
Please find enclosed one (1) fully executed original of the above -referenced agreement
between the Harris County Flood Control District and the City of La Porte. This item is
being transmitted for your use and files.
Should you require any additional information, please contact this office.
Sincere y,
Kim Frangu ie
Property Management Department
`kf
Enclosure: Agreement
cc: Contract File
A Division of Harris County Public Infrastructure Department
F
REOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: July 27 2009 ----
Requested By: Michael G. Dolby, CPA
Department: Finance
Report: Resolution: X Ordinance:
Exhibits: Resolution
Exhibits: Investment Policy
Exhibits:
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The City Council of the City of La Porte originally adopted an Investment Policy on January 13, 1992, by Ordinance
No. 1802. The policy was last amended in October 2005. The Governmental Accounting Standard's Board (GASB)
Pronouncement 31 requires that a City must present the Investment Policy to Council annually.
On May 29, 2007, the Finance Department presented the Investment Policy to the Fiscal Affairs Committee for
review. No changes to the actual policy were recommended at that time.
The Government Treasurers Organization of Texas has reviewed our policy and recommended that we change the
reference in the authorized investments section under `B", Certificates of Deposit and Share Certificates from "a
state or national bank domiciled in this state, a savings bank domiciled in this state, or a state or federal credit union
domiciled in this state" to "a depository institution that has its main office or branch office in this state". This is the
current language in the Public Funds Investment Act.
that the Council receive and approve the amended Investment Policy by resolution.
Bottoms, City Manager
� /oq )h '\\
Date L L \
RESOLUTION NO.2009- 0(0
A RESOLUTION OF THE CITY OF LA PORTE, TEXAS, ADOPTING AN AMENDED
INVESTMENT POLICY CONFORMING TO ALL STATUTES GOVERNING
INVESTMENT OF THE CITY OF LA PORTE'S FUNDS, INCLUDING, BUT NOT BY
WAY OF LIMITATION, THE PUBLIC FUNDS INVESTMENT ACT, CHAPTER 2256,
TEXAS GOVERNMENT CODE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND SETTING AN EFFECTIVE DATE THEREOF.
WHEREAS, the City of La Porte requires that funds be invested in a manner
which will preserve the principal of funds invested while meeting daily cash flow
demands of the City; and
WHEREAS, the Public Funds Investment Act requires the adoption of certain
investment policies and controls regarding the investment of its funds; and
WHEREAS, the Public Funds Investment Act further requires that the governing
body of an investing entity shall adopt a written investment policy by resolution, and
shall further state that it has reviewed the investment policy and investment strategies
adopted, and that the written policy adopted shall record any changes made to either
the investment policy or investment strategies previously adopted; and
WHEREAS, the City will endeavor to earn a return on funds invested at the
highest return possible after taking into account the primary goals of preservation of
liquidity of funds invested, consistent with the City's Investment Policy;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LA PORTE, THAT:
SECTION 1. The findings and recitations set out in the preamble to this Resolution are
found to be true and correct and that they are hereby adopted by the City Council of the
City of La Porte and made a part hereof for all purposes.
SECTION 2. The City of La Porte hereby designates the attached policy titles, City of
La Porte, Texas Investment Policy, as amended, as an official policy of the City of La
Porte and that it is hereby adopted by the City of La Porte and made a part hereof for all
purposes.
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 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 Resolution 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.
INTRODUCED, READ and PASSED by the affirmative vote of a majority of the
City Council of the City of La Porte, Texas, on this the 27th day of July, 2009.
Barry,Zeasley
Mayor /
Martha Gillett,
City Secretary
fl� �. 5 � , � '�' I-
10 4-
Clark T. Askins,
Assistant City Attorney
City of La Porte, Texas
Investment Policy
Amended — October 2005
Amended — July 2009
City of La Porte, Texas
Michael G. Dolby, CPA
Director of Finance
Phyllis Rinehart
Controller
I. POLICY
It is the policy of the City of La Porte, Texas (the "City") to administer and invest its funds in a
manner which will preserve the principal and maintain the liquidity through limitations and
diversification while meeting the daily cash flow requirements of the City. The City will invest all
available funds in conformance with legal and administrative guidelines, seeking to optimize
interest earnings to the maximum extent possible.
II. PURPOSE
The purpose of this investment policy is to comply with all statutes governing the investment of
the City's funds and Chapter 2256 of the Government Code ("Public Funds Investment Act"),
which requires the City to adopt a written investment policy regarding the investment of its funds
and funds under its control. The Investment Policy addresses the methods, procedures and
practices that must be exercised to ensure effective and judicious fiscal management of the City's
funds.
III. SCOPE
The City will strive to earn a return on funds invested at the highest investment return possible
after taking in consideration the primary goals of preservation of principal and liquidity of funds
invested, consistent with the policy objectives described below. This investment policy applies to
the investment activities of the government of the City of LaPorte, Texas.
FUNDS INCLUDED The City's funds, which are pooled together and constitute the investment
portfolio, include all financial assets of all funds managed by the City, including but not limited
to receipts of tax revenues, charges for services, bond proceeds, interest incomes, loans and funds
received by the City where the City performs a custodial function.
IV. OBJECTIVES
SAFETY The primary objective of the City's investment activity is the preservation of capital in
the overall portfolio. Each investment transaction shall seek first to ensure that capital losses are
avoided, whether they are from securities defaults or erosion of market value. The City will
strive to minimize credit risk by limiting investments to the safest types of investments,
prequalifying the financial institutions and broker/dealers with which the City conducts business,
and diversify the investment portfolio so that potential losses on individual issuers will be
minimized. To minimize interest rate risk, the City will ladder the portfolio and match
investments with future cash requirements and invest operating funds in shorter, more liquid
securities and investments.
LIQUIDITY The City's investment portfolio will remain sufficiently liquid to enable the City to
meet operating requirements that might be reasonably anticipated. Liquidity shall be achieved by
matching investment maturities with forecasted cash flow requirements and by investing in
securities with active secondary markets. Because all possible cash demands cannot be
anticipated, a portion of the portfolio will be invested in shares of money market mutual funds or
local government investment pools that offer same day liquidity.
PUBLIC TRUST All participants in the investment process shall seek to act responsibly as
custodians of the public trust. Investment Officials shall avoid any transaction that might impair
public confidence in the City's ability to govern effectively. The governing body recognizes that
in a diversified portfolio, occasional measured losses due to market volatility are inevitable, and
must be considered within the context of the overall portfolio's investment return, provided that
adequate diversification has been implemented.
YIELD (Optimization of Interest Earnings The City's cash management portfolio shall be
designed with the objective of regularly meeting or exceeding the average rate of return on U.S.
Treasury Bills at a maturity level comparable to the City's weighted average maturity in days.
The investment program shall seek to augment returns above this threshold consistent with risk
limitations identified herein and prudent investment principles.
V. OVERSIGHT RESPONSIBILITY
Oversight Responsibility for the investment activity of the City of La Porte shall rest with the
Fiscal Affairs Committee and the City Manager.
VI. RESPONSIBILITY AND CONTROL
DELEGATION Management responsibility for the investment program is hereby delegated to
the Director of Finance, who shall establish written procedures for the operation of the investment
program, consistent with this investment policy. Such procedures shall include explicit delegation
of authority to persons responsible for investment transactions.
SUBORDINATES All persons involved in investment activities will be referred to as
"Investment Officers." No person shall engage in an investment transaction except as provided
under the terms of this policy and the procedures established by the Director of Finance. The
Director of Finance shall be responsible for all transactions undertaken, and shall establish a
system of controls to regulate the activities of Subordinate Investment Officers. All investment
officers including the Director of Finance will demonstrate competence in the execution of the
city's investments. All Investment Officers will insure compliance with the investment program
with ongoing training and evaluation by management.
QUARTERLY REPORTS The Director of Finance shall submit quarterly an investment report
that summarizes recent market conditions, economic developments and anticipated investment
conditions. The report shall summarize the investment strategies employed in the most recent
quarter and describe the portfolio in terms of investment securities, maturities, risk
characteristics, book values, market values and other features. The report shall explain the
quarter's total investment return and compare the return to budgetary expectations. The report
shall include an appendix that discloses all transactions during the quarter.
ANNUAL REPORTS Within 90 days of the end of the fiscal year, the Director of Finance shall
present a comprehensive annual report on the investment program and investment activity. The
annual report shall include twelve-month and quarterly comparison of returns, and shall suggest
improvements that might be made in the investment program.
PRUDENCE Investments shall be made with the exercise of due care, which persons of
prudence, discretion and intelligence exercise in the management of their own affairs, not for
speculation but for investment considering the probable safety of their own capital as well as the
probable income to be derived. Investment Officers acting in accordance with written procedures
and this investment policy and exercising due diligence shall be relieved of personal
responsibility for an individual security's credit risk or market price changes, provided deviations
from expectations are reported in a timely fashion and the liquidity and the sale of securities are
carried out in accordance with the terns of this policy.
IMDEMNIFICATION The Investment Officer, acting in accordance with written procedures
and exercising due diligence, shall not be held personally responsible for a specific investment's
credit risk or market price changes, provided that these deviations are reported immediately and
the appropriate action is taken to control adverse developments.
ETHICS DISCLOSURE AND CONFLICTS OF INTEREST Officers and employees involved
in the investment process shall refrain from personal business activity that could conflict with
proper execution and management of the investment program, or which could impair their ability
to make impartial investment decisions. Employees and Investment Officers shall disclose to the
City Manager any material interests in financial institutions that conduct business with the City of
La Porte, and shall further disclose any personal financial or investment positions that could be
related to the perfonnance of the City's investment portfolio. Employees and Investment Officers
shall refrain from undertaking personal investment transactions with the same individual with
which business is conducted on behalf of the City of LaPorte.
An Investment Officer of the City of La Porte who has a personal business relationship with an
organization seeking to sell an investment to the City of La Porte shall file a statement disclosing
that personal business interest. An Investment Officer who is related within the second degree by
affinity or consanguinity to an individual seeking to sell an investment to the City of La Porte
shall file a statement disclosing that relationship. A statement required under subsection
2256.005(i) of the PFIA must be filed with the Texas Ethics Commission and the governing body
of the City of LaPorte.
TRAINING Investment Officers shall attend at least one investment training session within 12
months after taking office or assuming duties, and shall attend an investment training session not
less than once in a two-year period and receive not less than 10 hours of instruction relating to
investment responsibilities from an independent source approved by the Fiscal Affairs Committee
to insure the quality and capability of investment management in compliance with Public Funds
Investment Act. For the purposes of this policy, an "independent source" is defined as a
professional organization, an institute of higher learning or any other sponsor other than a
Business Organization with whom the City may engage in investment transactions. Independent
sources that may provide investment training include the Government Treasurer's Organization of
Texas, the University of North Texas, the Government Finance Officers Association of Texas, or
the Texas Municipal League. Training shall be in accordance with the Public Funds Investment
Act and shall include education in investment controls, security risks, market risks, and
compliance with statutes governing the investment of public funds.
VII. INVESTMENTS
ACTIVE PORTFOLIO MANAGEMENT The City intends to pursue active versus passive
portfolio management philosophy. That is, securities may be sold before they mature if market
conditions present an opportunity for the City to benefit from the trade.
AUTHORIZED INVESTMENTS Assets of funds of the government of the City of La Porte may
be invested in the following as authorized by the Public Funds Investment Act:
A. Obligations of, or Guaranteed by Governmental Entities
1. Except as provided by Subsection (b), the following are authorized investments under
this section:
a) obligations of the United States or its agencies and instrumentalities;
b) direct obligations of this state or its agencies and instrumentalities;
c) collateralized mortgage obligations directly issued by a federal agency or
instrumentality of the United States, the underlying security for which is guaranteed
by an agency or instrumentality of the United States;
d) other obligations, the principal and interest of which are unconditionally guaranteed
or insured by, or backed by the full faith and credit of, this state or the United States
or their respective agencies and instrumentalities; and
e) obligations of states, agencies, counties, cities, and other political subdivisions of any
state rated as to investment quality by a nationally recognized investment rating firm
not less than A or its equivalent.
2. The following are not authorized investments under this section:
a) obligations whose payment represents the coupon payment on the outstanding
principal balance of the underlying mortgage -backed security collateral and pays not
principal (Interest only bonded);
b) obligations whose payment represents the principal stream of cash from the
underlying mortgage -backed security collateral and pays no interest (Principal only
bonds);
c) collateralized mortgage obligations that have a final stated maturity date of greater
that 10 years; and
d) collateralized mortgage obligations, the interest rate of which is determined by an
index that adjusts opposite to the changes in a market index.
B. Certificates of Deposit and Share Certificates
1. A certificate of deposit is an authorized investment under this Subchapter if the
certificate is issued by a depository institution that has its main office or branch office in
this state and is:
a) guaranteed or insured by the Federal Deposit Insurance Corporation or its successor
or the National Credit Union Share Insurance Fund or its successor;
b) secured by obligations that are described by Section 2256.009 (a), including
mortgage backed securities directly issued by a federal agency or instrumentality that
have a market value of not less than the principal amount of the certificates, but
excluding those mortgage backed securities of the nature described by Section
2256.009 (b); or
4
c) secured in any other manner and amount provided by law for deposits of the
investing entity.
C. Repurchase Agreements
1. A fully collateralized repurchase agreement is an authorized investment under this
Subsection if the repurchase agreement:
a) has a defined termination date;
b) is secured by obligations described by Section 2256.009 (a)(1); and
c) requires the securities being purchased by the entity to be pledged to the entity, held
in the entity's name, and deposited at the time the investment is made with the entity
or with a third party selected and approved by the entity; and
d) is placed through a primary government securities dealer, as defined by the Federal
Reserve, or a financial institution doing business in this state.
e) repurchase agreements and reverse repurchase agreements shall be entered into only
with dealers who have executed a Master Repurchase Agreement with the City.
2. In this section, "repurchase agreement" means a simultaneous agreement to buy, hold for
a specified time, and sell back at a future date obligations described by Subsection A,
],a), at a market value at the time the funds are disbursed of not less than the principal
amount of the funds disbursed. The term includes a direct security repurchase agreement
and a reverse security repurchase agreement.
3. Notwithstanding any other law, the term of any reverse security repurchase agreement
may not exceed 90 days after the date the reverse security repurchase agreement is
delivered.
4. Money received by an entity under the terms of a reverse security repurchase agreement
shall be used to acquire additional authorized investments, but the term of the authorized
investments acquired must mature no later than the expiration date stated in the reverse
security repurchase agreement.
D. Banker's Acceptances
1. A banker's acceptance is an authorized investment under this subchapter if the banker's
acceptance:
a) has a stated maturity of 270 days or fewer from the date of its issuance;
b) will be, in accordance with its terms, liquidated in full at maturity;
c) is eligible for collateral for borrowing from a Federal Reserve Bank; and
d) is accepted by a bank organized and existing under the laws of the United States or
any state, if the short-term obligations of the bank, or of a bank holding company of
which the bank is the largest subsidiary, are rated not less that A-1 or P-1 or an
equivalent rating by at least one nationally recognized credit rating agency.
E. Commercial Paper
1. Commercial paper is an authorized investment under this subchapter if the commercial
paper;
a) has a stated maturity of 270 days or fewer from the date of its issuance; and
b) is rated not less than A-1 or P-1 or an equivalent rating by at least;
c) two nationally recognized credit rating agencies; or
d) one nationally recognized credit rating agency and is fully secured by an irrevocable
letter of credit issued by a bank organized and existing under the laws of the United
States or any state.
F. Mutual Funds
1. A no-load money market mutual fund is an authorized investment under this subchapter
if the mutual fund:
a) is registered with and regulated by the Securities and Exchange Commission;
b) provides the investing entity with a prospectus and other information required by the
Securities and Exchange Act of 1934 (15 U.S.C. Section 80a-1 et seq.);
c) has a dollar -weighted average stated maturity of 90 days or fewer; and
d) includes in its investment objectives the maintenance of a stable net asset value of $1
for each share.
2. In addition to a no-load money market mutual fund permitted as an authorized investment
in Subsection (a), a no-load mutual fund is an authorized investment under this Section if
the mutual fund:
a) is registered with the Securities and Exchange Commission;
b) has an average weighted maturity of less than two years;
c) is invested exclusively in obligations approved by this subchapter;
d) is continuously rated as to investment quality by at least one nationally recognized
investment rating firm of not less than AAA or it equivalent; and
e) conforms to the requirements set forth in Sections 2256.016 (b) and (c) relating to the
eligibility of investment pools to receive and invest funds of investing entities.
3. An entity is not authorized by this section to:
a) invest in the aggregate more than 15 percent of its monthly average fund balance,
excluding bond proceeds and reserves in other funds held for debt service, in mutual
funds described in Subsection (b);
b) invest any portion of bond proceeds, reserves and funds held for debt service, in
mutual funds described in Subsection (b); or
c) invest its funds or funds under its control, including bond proceeds and reserves and
other funds held for debt service, in any one mutual fund described in Subsection (a)
or (b) in an amount that exceeds 10 percent of the total assets of the mutual fund.
G. Investment Pools
1. An entity may invest its funds and funds under its control through an eligible investment
pool if the governing body of the entity by rule, order, ordinance, or resolution, as
appropriate, authorizes investment in the particular pool. An investment pool shall invest
the funds it receives from entities in authorized investments permitted by this subchapter.
2. To be eligible to receive funds from and invest funds on behalf of an entity under this
chapter, an investment officer or other authorized representative of the entity an offering
circular or other similar disclosure instrument that contains, at a minimum, the following
information:
a) the types of investments in which money is allowed to be invested;
b) the maximum average dollar -weighted maturity allowed, based on the stated maturity
date, of the pool;
c) the maximum stated maturity date any investment security within the portfolio has;
d) the objectives of the pool;
e) the size of the pool;
f) the names of the members of the advisory board of the pool and the dates their terms
expire;
g) the custodian bank that will safekeep the pool's assets;
h) whether the intent of the pool is to maintain a net asset value of one dollar and the
risk of market price fluctuation;
i) whether the only source of payment is the assets of the pool at market value or
whether there is a secondary source of payment, such as insurance or guarantees, and
a description of the secondary source of payment;
j) the name and address of the independent auditor of the pool;
k) the requirements to be satisfied for an entity to deposit funds in and withdraw funds
from the pool and any deadlines or other operating policies required for the entity to
invest funds in and withdraw funds from the pool; and
1) the performance history of the pool, including yield average dollar -weighted
maturities, and expense ratios.
3. To maintain eligibility to receive funds from and invest funds on behalf of an entity under
this chapter, an investment pool must furnish to the investment officer or other
authorized representative of the entity:
a) investment transaction confirmations; and
b) a monthly report that contains, at a minimum, the following information:
i. the types and percentage breakdown of securities in which the pool is invested;
ii. the current average dollar -weighted maturity, based on the stated maturity date,
of the pool;
iii. the current percentage of the pool's portfolio in investments that have stated
maturities of more than one year;
iv. the book value versus the market value of the pool's portfolio, using the
amortized cost valuation;
V. the size of the pool;
vi. the number of participants in the pool;
vii. the custodian bank that is safekeeping the assets of the pool;
viii. a listing of daily transaction activity of the entity participating in the pool;
ix. the yield and expense ratio of the pool;
X. the portfolio managers of the pool; and
xi. any changes or addenda to the offering circular.
4. An entity by contract may delegate to an investment pool the authority to hold legal title
as custodian of investments purchased with its local funds.
In this section, "yield" shall be calculated in accordance with regulations governing the
registration of open-end management investment companies under the Investment
Company Act of 1940, as promulgated from time to time by the Federal Securities and
Exchange Commission.
6. To be eligible to receive funds from and invest funds on behalf of an entity under this
chapter, a public funds investment pool created to function as a money market mutual
fund must mark its portfolio to market daily, and, to the extent reasonably possible,
stabilize a $1 net asset value. If the ratio of the market value of the portfolio divided by
the book value of the portfolio is less than 0.995 or greater than 1.005, portfolio holdings
shall be sold as necessary to maintain the ratio between 0.995 and 1.005.
7. To be eligible to receive funds from and invest funds on behalf of an entity under this
chapter, a public funds investment pool must have an advisory board composed:
a) equally of participants in the pool and other persons who do not have a business
relationship with the pool and are qualified to advise the pool, for a public funds
investment pool created under Chapter 791 and managed by a state agency; or
b) of participants in the pool and other persons who do not have a business relationship
with the pool and are qualified to advise the pool, for other investment pools.
8. To maintain eligibility to receive funds from and invest funds on behalf of an entity under
this chapter, an investment pool must be continuously rated no lower that AAA or AAA -
in or at an equivalent rating by at least one nationally recognized rating service.
EXISTING INVESTMENTS Any investments currently held that do not meet the guidelines of
this policy shall be reviewed to determine the ability to liquidate. If the investment cannot be
liquidated because of material adverse change in the value since the time of purchase, and holding
the investment to maturity does not negatively affect disbursements or cash flow, a
recommendation of holding said investment to maturity is acceptable.
PROCUREMENT Investments of subsections A-G of this section may be made only after
competitive bids are solicited from at least three sources, with the exception of a) transactions
with money market mutual funds and local government investment pools, and b) treasury and
agency securities purchased at issue through an approved broker/dealer or financial institution.
MONITORING The market value of each investment shall be obtained monthly from a source
such as the Wall Street Journal newspaper, a reputable brokerage firm or security pricing service
and reported on the monthly investment reports.
LENGTH OF INVESTMENTS The maximum stated maturity, from the date of purchase, for
any individual investment may not exceed 5 years and the maximum dollar -weighted average
maturity for the pooled fund group (investment portfolio) may not exceed 2 years.
DIVERSIFICATION It is the policy of the City of La Porte to diversify its investment portfolios.
Assets held in the common investment portfolio shall be diversified to eliminate the risk of loss
resulting from one concentration of assets in a specific maturity, a specific issuer or a specific
class of securities. Diversification strategies shall be determined and revised periodically by the
Fiscal Affairs Committee.
In establishing specific diversification strategies, the following general policies and constraints
shall apply:
A. Portfolio maturities shall be staggered in a way that protects interest income from the
volatility of interest rates and that avoids undue concentration of assets in a specific maturity
sector. Securities shall be selected which provide for stability of income and reasonable
liquidity. The City shall continually invest a portion of the portfolio in readily available
funds such as local government investment pools (LGIPs), money market funds or overnight
repurchase agreements to ensure that appropriate liquidity is maintained in order to meet
ongoing obligations.
B. The Fiscal Affairs Committee shall establish strategies and guidelines for the percentage of
the total portfolio that may be invested in securities other than repurchase agreements,
Treasury bill and notes, or insured and collateralized certificates of deposits. The Fiscal
VIII
Affairs Committee shall conduct a semi-annual review of these guidelines, and shall
evaluate the probability of market and default risk in various investment sectors as part of its
considerations.
FINANCIAL INSTRUMENTS Maximum allowable percentages of the total portfolio for
investments are stated as follows:
Investment Type
1. Investment Pools
2. Money Market Accounts
3. Certificates of Deposit
4. U.S. Government Securities
5. U.S. Agency Securities
6. Municipal Securities
7. Repurchase Agreements
8. Bankers' Acceptance Bonds
9. Commercial Paper
SELECTION OF BANKS AND DEALERS
Maximum Limit
100%
10%
60%
80%
80%
20%
50%
35%
35%
BIDDING PROCESS Depositories shall be selected through the City's banking services
procurement process, which shall include a formal request for proposal (RFP) issued every five
(5) years. In selecting depositories, the credit worthiness of institutions shall be considered, and
the Director of Finance shall conduct a comprehensive review of prospective depositories credit
characteristics and financial history.
INSURABILITY Banks and Savings & Loans Associations seeking to establish eligibility for
the City's competitive certificate of deposit purchase program, shall submit financial statements,
evidence of Federal insurance and other information as required by the Director of Finance.
PRIMARY DEALERS AND APPROVED LIST For brokers and dealers of government
securities, Investment Officers shall select only those dealers reporting to the Market Reports
Division of the Federal Reserve Bank of New York, also known as "primary government
securities dealers," unless a comprehensive credit and capitalization analysis reveals that other
firms are adequately financed to conduct public business. Before engaging in investment
transactions with a broker/dealer, the Investment Officer shall have received, from a Qualified
Representative of said firm, a signed Certification Form. (Exhibit B) This form shall attest that
the individual responsible for the City's account with that firm has (1) received and reviewed the
investment policy of the entity; and (2) acknowledged that the business organization has
implemented reasonable procedures and controls in an effort to preclude investment transactions
conducted between the entity and the organization that are not authorized by the entity's
investment policy, except to the extent that this authorization is dependent on an analysis of the
makeup of the entity's entire portfolio or requires an interpretation of subjective investment
standards. Investment Officers of the City may not acquire or otherwise obtain any authorized
investment described in the investment policy from a person who has not delivered a signed
Certification Form. The Fiscal Affairs Committee shall at least annually review, revise, and
adopt a list of qualified brokers that are authorized to engage in investment transactions with the
City. (Exhibit A)
10
IX. SAFEKEEPING AND CUSTODY
INSURANCE OR COLLATERAL All bank deposits, certificates of deposit, and repurchase
agreements shall be secured by pledged collateral. Bank deposits and certificates of deposit shall
be collateralized with a market value equal to no less than 102% of the deposits plus accrued
interest less than an amount insured by FDIC. Repurchase agreements shall be monitored daily.
Evidence of the pledged collateral shall be maintained by the Director of Finance or a third party
financial institution. Repurchase agreements shall be documented by specific agreement noting
the collateral pledged in each agreement. Collateral shall be reviewed monthly to assure the
market value of the securities pledged equals or exceeds the related bank balances.
SAFEKEEPING AGREEMENT All safekeeping arrangements shall be in accordance with a
Safekeeping Agreement approved by the Fiscal Affairs Committee which clearly defines the
procedural steps for gaining access to the collateral should the City of La Porte determine that the
City's funds are in jeopardy. The safekeeping institution, or Trustee, shall be the Federal Reserve
Bank or an institution not affiliated with the firm pledging the collateral. The safekeeping
agreement shall include the signatures of the City of La Porte, the firm pledging the collateral,
and the Trustee.
COLLATERAL DEFINED The City of La Porte shall accept only the following securities as
collateral:
A. FDIC insurance coverage;
B. United States Treasuries and Agencies;
C. Texas State, City, County, School or Road District bonds with a remaining maturity of ten
(10) years or less with rating from a nationally recognized investment rating firm and having
received a rating of not less than A or its equivalent;
D. Obligations, including letters of credit, of the United States or its agencies and
instrumentalities.
E. Other securities as approved by the Fiscal Affairs Committee.
SUBJECT TO AUDIT All collateral shall be subject to inspection and audit by the Director of
Finance or the City's independent auditors.
DELIVERY VERSUS PAYMENT All investment transactions, with the exception of local
government investment pools and mutual fund transactions, shall be purchased using the delivery
versus payment method. That is, funds shall not be wired or paid until verification has been made
that the collateral was received by the Trustee. The collateral shall be held in the name of the
City or held on behalf of the City. The Trustee's records shall assure the notation of the City's
ownership of or explicit claim on the securities. The original copy of all safekeeping receipts shall
be delivered to the City.
M
X. MANAGEMENT AND INTERNAL CONTROLS
The Director of Finance shall establish a system of internal controls, which shall be reviewed by
an independent auditor. The controls shall be designed to prevent losses of public funds arising
from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial
markets, or imprudent actions by employees or Investment Officers of the City.
Controls and managerial emphasis deemed most important that shall be employed where practical
are:
A. Control of collusion.
B. Separation of duties.
C. Separation of transaction authority from accounting and record keeping.
D. Custodian safekeeping receipts records management.
E. Avoidance of physical delivery securities.
F. Clear delegation of authority.
G. Documentation on investment bidding events.
H. Written confirmation of telephone transactions.
I. Reconcilement and comparisons of security receipts with the investment subsidiary records.
J. Compliance with investment policies.
K. Accurate and timely reports.
L. Validation of investment maturity decisions with supporting cash flow data.
M. Adequate training and development of Investment Officers.
N. Verification of all interest income and security purchase as sell computations.
O. Review of financial condition of all brokers, dealers and depository institutions.
P. Staying informed about market conditions, changes, and trends that require adjustments in
investment strategies.
COMPLIANCE AUDIT The City of La Porte shall perform, in conjunction with its annual
financial audit, a compliance audit of management controls on investments and adherence to the
entity's established investment policies. The audit shall include a formal review of the quarterly
investment reports by an independent auditor and the results reported to the governing body by
the independent auditor. Also, the governing body shall review its investment policy and
investment strategy not less than annually and adopt a written instrument by rule, order,
ordinance, or resolution stating that it has reviewed the investment policy and strategy, and
recorded any changes made to them.
12
Vyhihit A
City of La Porte
Approved List of Brokers/Dealers and Investment Pools
Brokers/Dealers
Coastal Securities
Wells Fargo
Duncan Williams, Inc.
Morgan Stanley, Inc.
Investment Pools
TexPool
LOGIC Investment Pool
TexSTAR
Exhibit B
BROKER/DEALER CERTIFICATION FORM
As required by Texas Government Code 2256.005 (k-1)
CITY OF LA PORTE, TEXAS
This certification is executed on behalf of (the Investor)
and (the Dealer) pursuant to the Public Funds
Investment Act, Chapter 2256, Government Code, Texas Codes Annotated (the Act) in
connection with investment transactions conducted between the Investor and Dealer.
The Undersigned Qualified Representative of the Dealer hereby certifies on behalf of the
Dealer that:
1. The Dealer Qualified Representative is duly authorized to execute this
Certification on behalf of the Dealer, and
2. The Dealer Qualified Representative has received and reviewed the Investment
Policy furnished by the Investor, and
3. The Dealer has implemented reasonable procedures and controls in an effort to
preclude investment transactions conducted between the Dealer and the Investor
that are not authorized by the entity's investment policy, except to the extent that
this authorization is dependent on an analysis of the makeup of the entity's entire
portfolio or requires an interpretation of subjective investment standards.
Dealer Qualified Representative
Signature
Name (Printed):
Title:
Date:
Exhibit C
City of La Porte, Texas
Investment Strategy Statement
The City of La Porte, Texas (the "City") will strive to administer and invest its pooled
funds at the highest investment return possible while always taking into account the
primary goals of preservation of principal and liquidity of funds invested consistent with
the City's investment policy.
The City's funds, which are pooled together and constitute the investment portfolio,
include all financial assets of all funds managed by the City, including but not limited to
receipts of tax revenues, charges for services, bond proceeds, interest incomes, loans and
funds received by the City where the City performs a custodial function.
The City will never invest its funds in a security that is deemed unsuitable to the financial
requirements of the City. Maturities will be staggered in a manner that meets the cash
flow needs of the City.
The primary investment objective is the preservation and safety of principal. Each
investment transaction shall seek first to ensure that principal losses are avoided, whether
they are from security defaults or erosion of market value.
The City's investment portfolio will remain sufficiently liquid to enable the City to meet
operating requirements that might be reasonably anticipated. Liquidity shall be achieved
by matching investment maturities with forecasted cash flow requirements and by
investing in securities with active secondary markets.
The City shall always maintain a highly diversified investment portfolio in order to
reduce the amount of credit and market risk exposed to the City's portfolio.
After first considering safety and liquidity, the City's investment portfolio shall be
designed with the objective of regularly exceeding the average rate of return on U.S.
Treasury Bills at a maturity level comparable to the City's weighted average maturity in
days. The City shall seek to augment returns above this threshold consistent with risk
limitations identified in the City's investment policy and prudent investment principles.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: July 27, 2009
Requested By: _ Tim Tietjens
Department: Planning
Report: Resolution: Ordinance: X
Exhibits: Ordinance
Exhibits:
Exhibits
Budeet
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
On January 12, 2009, Council approved an ordinance extending the City Manager's authorization to
execute land sale contracts and related documents as part of the H.O.M.E. Program Year 2006 Northside
Neighborhood Single Family Construction project. This authorization expired after 180 days (July 11,
2009).
At this time, Council is being asked to extend the City Manager's authority to execute future sales
contracts and related documents for one year (365 days).
Appr ve an ordinance extending the City Manager's authority to execute land sale contracts and related
docu ents for the 2006 H.O.M.E. Northside Neighborhood Project for an additional 365 days.
nager
Date
ORDINANCE NO. J
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE LAND SALE CONTRACTS AND
RELATED DOCUMENTS, AS PART OF THE H.O.M.E. PROGRAM YEAR 2006 NORTHSIDE
NEIGHBORHOOD SINGLE FAMILY CONSTRUCTION PROJECT, BETWEEN THE CITY OF LA PORTE
AND BUYERS OF PROPERTIES AT 224 NORTH 6T" STREET, ALSO DESCRIBED AS LOTS 3 AND 4,
BLOCK 66, 211 NORTH 1' STREET, ALSO DESCRIBED AS LOTS 23 AND 24, BLOCK 62, 207
NORTH 2ND STREET, ALSO DESCRIBED AS LOTS 21, 22, AND 23, BLOCK 63, AND 216 NORTH 2ND
STREET, ALSO DESCRIBED AS LOTS 3 AND 4, BLOCK 62, AT SUCH TIME AS BUYERS ARE
LOCATED, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT,
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 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 documents which are attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute land sale contracts and related
documents on behalf of the City of La Porte, with buyers of properties located at 224 North 6tn
Street, 211 North 15Y Street, 207 North 2"d Street, and 216 North 2"d Street, at such time as
buyers of said properties are located and agree to purchase same from the City. The authority
given to the City Manager to execute the agreements and related documents approved by this
ordinance shall expire three hundred sixty five (365) days from its passage and approval. The
City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the
City to all such documents.
Section 2. All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent
1
of such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
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.
PASSED AND APPROVED, this 27th day of July, 2009.
By:
ATTEST:
Martha A. Gillett
City Secretary
APPROVED:
Clark T. Askins
Assistant City Attorney
OF LA PORTE
Barry Ifeasley
Mayor
iN
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: July 27, 2009
Requested By: Tim Tietiens
Department: Planning
Report: Resolution: Ordinance: X
Exhibits:
1. Ordinance
2. Deed without Warranty
3. Area Map
Appropriation
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted:
N/A
Amount Requested:
Budgeted Item: _YES X NO
SUMMARY & RECOMMENDATION
The City has received and processed an application from Mrs. Janice Crofoot to close a 1,498
square foot portion of the "E" Street right-of-way situated between Lot 2, Block 4 and Lot 1, Block
5 of the Pine Bluff Subdivision. The applicant desires to consolidate the subject right-of-way with
the lots she owns to facilitate future development of a home on the property. "E" Street terminates
at this location, and if approved, would be foreshortened by approximately 50 feet.
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. Staff s review of drainage in the area has concluded
that the closing will have no adverse affect on existing drainage or on the City's current and/or
future drainage improvement plans 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 "E" Street
Right -of -Way situated between Lot 1, Block 5 and Lot 2, Block 4 of the Pine Bluff Subdivision as
requesodTNhe applicant.
ity Council Agenda
Ron Bottoms, City Manager
7 13 v 41
Date
ORDINANCE NO. 2 00 9- -31 S�
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.
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,
K
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 "A" 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 'IS", 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 'W" 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 411 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 within
the above -described right-of-way shall be abandoned in place by
the City.
3
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the
date, hour, place, and subject of this meeting of the City
Council was posted at a place convenient to the public at the
City Hall of the City for the time required by law preceding
this meeting, as required by the Open Meetings Law, Chapter 551,
Texas Government Code; and that this meeting has been open to
the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed,
considered, and formally acted upon. The City Council further
ratifies, approves, and confirms such written notice and the
contents and posting thereof.
Section 3. This ordinance shall be effective from and
after its passage and approval, and it is so ordered.
PASSED AND APPROVED THIS 27TH DAY OF JULY 2009.
CITY OF LA PORTE
By:
Barry, easley, Mayor
ATTEST:
, 7 &-� " 5 7 V,/, w
Martha Gillett, City Secretary
APPROVED:
4
v
Knox W. Askins, City Attorney
4
6
EXHIBIT "A" TO ORD. 2009
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-STREET "Ef ASPHALT PVM'T,
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PRUPGSED STREET M
BE CLosim (1,490 U.)
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6
5
20100539402
12/20/2010 RF1 $28.00
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 27, 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: jl_lu
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- 94<5 , 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.,
AW-16, _�P/
Grantor for the consideration and subject to the reservations from
and exceptions to conveyance, conveys to Grantee the property
without express or implied warranty, an a 1 warranties that might
arise by common law and the warranti s n §5.023 of the Texas
Property Code (or its successor) are c1 d�A
Porte
By:
Ron Bottoms, City Manager
Attest:
----MWt'L a. Ala
Ma tha A. Gillett
City Secretary
Approv d :
Knox W. Askins
City Attorney
STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on
2009, by Ron Bottoms, City Manager of
P rte, a municipal corporation.
ITota y Public, State of Texas
SHARON HARRIS
J(z My Commission Expires
September 12, 2013
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AFTER RECORDING RETURN TOs PREPARED IN THE LAW OFFICE OFt
CITY OF LA PORTE ASKINS & ASKINS, P.C.
604 West Fairmont Parkway P.O. Box 1218
La Porte, TX 77571 La Porte, TX 77572-1218
r` MTES BOUNDS DESCRIPTION
F: REST
Being a 1,498 square foot tract of land and being the
North portion of Street "E", betwe8zl, Lot 1, Block 5, and
Lot 2, Sloes 4, of Pine Bluff Subdivision as recorded in
Volume 40, at Page 244 of the Harris County Map Record$,
and being out of the Sit, p. ;irris Survey, A-34, La Porte,
Harris County, Texas, said 1,498 square foot tract of
land being more particularly described as follows:'
BEGrMING at a 1/2" iron rod found for the South Bast
corner of Lot 2, Block 4, and being a Point in the West
right -of --way line of Street "ids', as recorded;
Thence, North, coincident with the East line of said Lot
2, Block 4, and the West right-of-way line of Street "B",
a distance of 50.00 feet to a 5/8" iron rod with set
for the Northeast corner of said Lot 2, Block 4, sand
point being in the North line of Pine Bluff Subdivision
and the South line of Got 6, Crescent View Subdivision as
recorded in volume 655, at Page 359, of the Harris County
Deed Records;
Thence, Bast, coincident with the North line of Rine
-Bluff SuWivision and the South- line of Lot 8, 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 Wt
pq 1, Block 5, and the East right -of -.,ray line of Sfxeet 11E",
pftll
m a distance of 50,00 feet to a 1/2" iron. rod found for the
Southwest corner of said Lot Ir Block 5;
Thence, West, crossing Street "E", a distance of 29.96
feet (call 30.0 feet), to a 1/211 iron rod found for the
Southeast corner of said Lot 2, Block 4, returning to the
POINT OF SEWNNING.
PREPARED FRom A s13RVRY OF LOT 1, BLS
BLOCK 4, OF PINE BLUFF SUBDIVISION.
i. S MI , R.P.L
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NOVEMBER 23, 2004
00 JOB NO, 3552-04
REt.�S MEVORANDLN c
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1 ,
REQUEST FOR CITY COUNCIL AGENDA TTFM
Agenda Date Requested July 27, 2009
Requested By Mayor Beasley
Department: Mayor and City Council
Report Resolution: Ordinance: X
Exhibits: Ordinance
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Exhibits: Exhibits: Apnointm nt Letter I Budgeted Item: YES NO
Resignation letter
Application
SUMMARY & RECOMMENDATION
This ordinance will ratify the action taken by the City Manager to reappoint Keith Trainer to the Civil Service
Commission.
In addition, Council member Moser wants to add additional members to the Census Count Committee.
ordinance And add members to Census Count Committee or other boards if desired.
h ,VV3, l It uncll A enaa
v
D
Ron Bottoms, City Manager Date
ORDINANCE NO. 3160
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
Rabies Control Authority
Animal Control Officer
Animal Welfare Rep.
City Council At -large Pos. A
- Donna Medford, DVM No Term
- Ken Adcox No Term
- Clarence Anderson No Term
- Dana Dicker No Term
- 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
9
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
0
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 Cooksley - 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
Member - Jesse Garcia - No Term
Member - Pauline Lewis - No Term
Member - Henry Newsome - No Term
Ex Officio Member - Ken Bays - City of Morgan's Point
Ex Officio Member - David Stall - City of Shoreacres
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
5
Committee, without term, or until their successors shall have been
duly appointed and qualified:
Chairman Mike Mosteit No Term
Vice Chairman Mike Clausen No Term
Member Chuck Engelken No Term
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 - Jack Oliphant
2011
District 2 - Jeff Brown
2012
District 3 - Woodrow Sebesta
2012
District 4 - Floyd Craft
2012
District 5 - Jim Bridge
2012
District 6 - Lester Clark
2011
At Large -A - Bryan Moore
2012
At Large-B - Paul Vige
2011
Mayor - Lynn Green
2012
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
1.1
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:
Date Appointed
Chairman - Chuck Engelken 1998
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:
Member - 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
7
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
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
city 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,
E
(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 - Abdul R. Moosa, M.D. 2011
Alternate - Robert D. Johnston, M.D. 2011
Medical Advisor/EMS - Oscar Boultinghouse Contract
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
Wo
Position 2- Margaret Anderson 2011
Position 3- Bill Manning, Jr. 2011
Position 4- Jason Leopard 2012
Position 5- Rebecca Jones Jurtshuk 2012
Position 6- Mark Follis 2012
Position 7- Paul Larson 2010
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
10
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
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
11
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
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 parts of ordinances in
conflict herewith are repealed to the extent of such conflict
only.
Section 26. 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.
12
Section 27. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, thist9 day of`Ia / 2009.
M
ATTEST:
Martha . A;le�tt`
City Secretary
APPR V
Cl rk T. Askinns
Assistant City Attorney
13
9
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: July 27, 2009
Requested By: Heather W ger
Department: Human-Rrseurces
Report: Resolution: Ordinance: X
Exhibits: Ordinance
Exhibits: Sick Leave Policy
Exhibits
Budeet
Source of Funds:
Account Number:
Amount Budgeted: _
Amount Requested:_
Budgeted Item: YES
SUMMARY & RECOMMENDATION
NO
Staff would like to change the wording of the Family Sick Time section of the Sick Leave Policy to include parents
of employees.
the Employee Policy Manual to include the wording of the Family Sick Time
VA \
Ron Bottoms,
Manager
/60 9
- -" 7 /A Date
ORDINANCE NO.
AN ORDINANCE AMENDING THE CITY OF LA PORTE EMPLOYEE POLICIES
HANDBOOK BY REVISING EMPLOYEE SICK LEAVE POLICY; CONTAINING A
REPEALING CLAUSE; CONTAINING A SEVERABILITY 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
adopts amendments to Chapter 7, Section 7.08, "Sick Leave", of the
City of La Porte Employee Policies Handbook, a true and correct
copy of which is attached to this Ordinance as Exhibit "A",
incorporated by reference herein, and made a part hereof for all
purposes.
Section 2. The revised City of La Porte Employee Policies
Handbook hereby adopted, shall supersede all previous City of La
Porte Employee Policy Handbooks and City of La Porte Personnel
Policy Manuals, including amendments made thereto, heretofore
adopted by the City Council of the City of La Porte.
Section 3. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this Ordinance
shall, for any reason, be held invalid, such invalidity 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 4. 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 5. This Ordinance shall be in effect from and after
its passage and approval.
PASSED AND APPROVED, this4;* day of , 2009.
CITY OF LA ORTE
By:
Barr Bea ey
Mayor
ATTEST:
�%#YAW
Mart a A. Gillett
City Secretary
APPROVED:
C rk . Askins
Assistant City Attorney
2
7.08 Sick Leave
Sick leave is paid time away from work due to an employee's bona fide illness or injury that
prevents him/her from working. Employees who are unable to work due to illness or injury or
other situations covered by this policy must immediately notify the appropriate supervisor in
accordance with the procedures adopted by their Department.
Eligibility — All full-time employees begin accruing paid sick leave on their date of hire. Part-
time, temporary and seasonal employees do not accrue sick leave. Eligible employees may use
accrued sick leave only if approved by their supervisor and/or Department Director.
Accrual Rate:
Full -Time 8 Hour Employees
Sick leave for regular full-time employees shall accrue at the rate of 3.70 hours per pay period,
which amounts to 1 day for each full month employed in a calendar year, totaling 12 working
days to a full-time employee's credit each 12 months.
Full -Time 24 Hour Shift Personnel
Sick leave for 24-hour shift personnel shall accrue at a rate of 5.91 hours per pay period.
Civil Service Employees
Civil Service employees shall accrue sick leave at the rate of 15 days per calendar year in
accordance with the provisions of Chapter 143 of the Texas Local Government Code.
Maximum Accrual —The maximum sick leave time which may be accumulated by any
employee shall be 90 days (720 hours) for regular full-time employees. For 24-hour shift
personnel, the maximum accrual is 1,152 hours. Civil Service employees may accrue unlimited
sick leave.
Authorized Use of Sick Leave
For the employee — Accrued sick leave may be used for absences due to the
employee's bona fide personal illness, accident, injury that prevents him/her from
working, or birth of a child (if the employee physically gave birth; otherwise use of sick
leave for child birth falls under the section below).
For the employee's immediate family — Up to twelve (12) days of annual accrued sick
leave will be allowed for absences when the employee is needed to care for a member
of his or her immediate family who is ill or injured. For purposes of this policy,
"immediate family" is defined as a dependent, the following:
S ouse — is defined in accordance with State law.
Parent — includes biological parents and individuals who acted as your parents, but does
not include parents -in-law.
Child — includes biological, adopted, foster children, stepchildren, legal wards, and other
persons for whom you act in the capacity of a parent and who are under 18-years of age
or over 18-years of age but incapable of caring for themselves because of a physical or
mental disability.
Physical Report Status — Sick leave exceeding 40 hours in any 6-month period may cause an
employee to be placed on physical report status. Employees under this status are required to
submit to their supervisor a medical doctor's statement of fitness for duty upon returning to work
from an illness. Failure to submit such medical statement may result in disciplinary action.
Physical report status will remain in effect for 6 months from the date of the action.
Minimum Increments — Sick leave must be taken in minimum increments of one hour.
Failure to Report Absence/ Abuse of Sick Leave — Supervisors are expected to closely
monitor use of sick leave. It is anticipated that employees using paid City sick time for their own
illness/injury or that of a family member will use their sick leave time to recuperate or care for
their family member. Trips to the doctor or hospital stays/visits, which take the employee away
from the home, are acceptable, but other personal pursuits during paid sick leave will be
considered an abuse of this policy. Abuse of sick leave, including use of sick leave for anything
other than an illness, injury, or doctor/dentist appointment as provided for in this policy, may
result in immediate disciplinary action, up to and including termination of employment, and may
also render the employee ineligible for paid sick leave benefits. Similarly, employees who fail to
timely report an absence or tardiness due to illness, injury, or doctor/dentist appointment may
be disqualified from using sick leave for their absence.
Documentation — Employees must present satisfactory proof of illness/injury that prevents
him/her from working whenever the employee uses sick leave for 3 or more consecutive work
days, and at any other time if requested by the City. An employee may also be required to
present satisfactory proof of family relationship and/or satisfactory proof of a family member's
illness, injury, and/or doctor/dentist appointment if the employee wishes to use accrued sick
leave to care for a family member. If the employee fails to present such proof in a timely
manner, use of sick leave will be disallowed and no other paid leave may be used for the
absence. Abuse of sick leave may result in discipline up to and including termination of
employment.
Family and Medical Leave Act Leave — Sick leave exceeding 14 days must be in
accordance with FMLA leave.,
eave Any absence that qualifies for both Family and Medical Leave
Act leave and sick leave will follow the guidelines set out in this policy, and will typically be
counted as both.
12
0
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: July 27, 2009
Requested By: Tim Tietiens
Department: Planning
Report: X Resolution: Ordinance:
Exhibits:
Section 106-441, Table A
Section 106-443, Table B
List of current hotels/motels
Area Map
Appropriation:
N/A
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted:
N/A
Amount Requested:
N/A
Budgeted Item:
SUMMARY
Members of City Council have expressed concern regarding the location and placement standards of
hotels and motels in La Porte. In response to these concerns, the Planning Department is investigating
regulatory techniques used by other area municipalities and would like to get council input regarding how
placement standards might be addressed in a more comprehensive manner.
Attached is the current provisions of the Code Of Ordinances Section 106-441, Table A, Commercial
uses, which regulates hotels and motels currently. You also may recall that when placement is abutting
residential zones, our standards require a conditional use permit. As well, Section 106-443 Table B
footnote 9, includes an additional height limitation of 30 feet for structures within 120 feet of residential
property.
This workshop is intended to solicit ideas and concepts for how best to protect the residential properties
while affording an area for tourist and business traveler.
Action Required by Council:
with direction regarding current provision of the ordinances and cluster concept related to
for
Ron Bottoms, City Manager
Date
Sec. 106-441. Table A, Commercial uses.
P (ABC) -- Permitted uses (subject to designated criteria established in section 106-444).
P -- Permitted uses.
A -- Accessory uses (subject to requirements of section 106-741).
C -- Conditional uses (subject to requirements of sections 106-216 through 106-218 and
designated criteria established in section 106-444).
* -- Not allowed.
TABLE INSET:
Uses (SIC Code #)
Zones
CR
NC
GC
MS
All uses permitted or/accessory in R-3 zone, except single-
family detached and special lot, duplexes, quadruplexes,
townhouses, and multifamily
P
P
P I
Single family detached
*
*
*
P 3
All conditional uses in R-3 zone
*
C
C
C
Agricultural service (076--078)
*
*
P
P
Amusements (791--799)
C
*
P
P
Amusement (7993) 2
C
*
P
P
Antique and used merchandise stores (5932)
*
P
P
P
Arrangements for passenger transport (472)
*
*
P
P
Arrangement for shipping and transport (473)
*
*
P 2
P
Apparel and accessory stores (561--569)
C
*
P
P
Automotive dealers and service stations (551, 552, 553, 555--
559)
*
*
P
P
Automotive repair, services (751--754)
*
*
P
P
Banking (601--605)
*
*
P
P
Building construction --General contractors (152--161)
*
*
P
P
Building construction --Special trade contractors (171--179)
*
*
P
P
Building materials, garden supply (521--523, 526--527)
*
*
P
P
Business services (731, 732, 736--738)
*
*
P
P
Business services (7359)
*
*
P
(A, B,
C, D)
P
Civil, social and fraternal organizations, (8641)
C
C
C
C
Communications (481--489)
*
*
P
P
Convenience stores (5411)
*
P
P
P
Credit agencies (611--616)
*
*
P
P
Dog grooming
*
*
P(H)
P
Drugstores (591)
*
P
P
P
Eating and drinking places (5813)
C
*
P
P
Eating places (5812)
C
P
P
P
Electric, gas and sanitary services (491, 4923, 493, 494,
4952)
*
P
P
P
Engineering, architectural, accounting services (871--872)
*
P
P
P
Food stores, general (541, 542, 544, 545, 549)
*
*
P
P
Freestanding on -premises signs. See article VII of this chapter
Governmental and public utility buildings (911--922, 9631,
4311)
C
*
P
P
Grocery, fruit and vegetable stores (542, 543)
*
P
P
P
Hardware stores (525)
*
P
P
P
Home furnishing stores (571--573)
*
*
P
P
Hotels and motels (701, 7032, 704)
C
*
P 4
P 4
Hospitals, laboratories (806--809)
*
*
P
C
Insurance, real estate, legal, stock and commodity brokers,
agents (641--679)
*
P
P
P
Laundry (plants) (7216--7219)
*
*
P
Membership organizations (861--869)
*
*
P
C
Miniwarehousing (4225)
*
*
C
Misc. retail (592, 593, 5948, 596--599, 5399)
C
*
P
P
Misc. repair services (762--764)
*
P
P
P
Misc. shopping (5941--5947, 5949, 5992--5994)
C
P
P
P
Misc. shopping (5995, 5999)
C
*
*
P
Motion picture theaters (7832)
*
*
P
p
Museums, art galleries (841--842)
C
*
P
P
Offices for doctors, dentists, etc. (801--805)
*
P
P
P
Passenger transportation (411--415)
*
*
P
P
Personal services (7211--7215, 722--729)
*
P
P
P
Recreational buildings and community centers
C
P
P
P
Reproduction, photography, and cleaning services (733--
734)
*
P
P
P
Repair services (7699) (except tank truck cleaning)
*
*
P
P
Retail bakeries (546)
*
P
P
P
Securities and insurance (621--639)
*
*
P
P
Service stations (554)
*
P
P
Service stations, excluding truck stops (554)
C
*
P
P
Underground pipelines (461)
*
P
P
P
Veterinary services (0742)
*
P
P
P
Video rental and sales shop
*
P
P
P
Parking ramps and structures
C
P
P
C
Commercial PUD (Refer to section 106-636)
*
C
C
C
Outdoor sales as a primary or accessory use
*
*
P(C, G)
P
Outdoor storage as a primary or accessory use
C
*
P(B)
P
Off -site parking
C
C
C
C
Off-street loading
C
C
C
C
Joint parking
C
C
C
C
Drive-in or drive through facilities as an accessory or
principle use
C
C
C
C
Kennels, boarding (0752)
*
*
C
C
Kennels, breeding (0279)
*
*
C
C
Unlisted uses, similar to uses listed above
C
C
C
C
1 Within the overlay portion, residential activities are only allowed above the first floor.
2 Refer to chapter 10 of this Code. (Must be at least 300 feet from church, school or hospital.)
3 Single family detached prohibited in main street overlay zone, but permitted in main street
district.
4 Hotels and motels are a conditional use under this chapter when adjacent to residential zoned
properties (R-1, R-2, and R-3 zoning districts).
(Ord. No. 1501-JJ, § 7, 10-14-02; Ord. No. 1501-AAAA, § 6, 10-11-04; Ord. No. 1501-
MMMM, § 6(Exh. F), 4-25-05; Ord. No. 1501-X5, § 6(Exh. F), 7-23-07)
Sec. 106-442. Interpretation and enforcement.
Property uses, except as provided for by section 106-441, Table A, are prohibited and constitute
a violation of this chapter.
Sec. 106-443. Table B, commercial area requirements.
(a) Table B, Commercial area requirements.
TABLE INSET:
Adjacent
Minimum
to
Minimum
Maximum
Yard
Residential
Maximum
Bldg.
Landscaping
Lot
Setbacks
Minimum
Height
Design
Uses
Required
Coverage
F.R.S.
Yard
(feet) 9
Standards
5
1, 3, 4,
Setback
8
6,7
F.R.S.
2,6
R-3 uses
(permitted)
except
residential
single-family,
detached and
6%
Density Intensity Regulations Specified in Table
special lot,
B, area requirements, section 106-333 9
duplexes,
quadruplexes,
townhouses,
and
multifamily
CR Comm.
Recreation
Dist.; all
permitted or
conditional
NC
Neighborhood
Comm.; all
6%
50%
20-10-0
20-10-10
N/A 9
permitted or
conditional
GC General
100%
Comm.; all
6%
40%
20-10-0
20-20-10
N/A 9
masonry
permitted or
8
conditional
Outside sales
Same as
N/A
N/A
5-5-5
principle
N/A
or services
use
Same as
See
Outside
N/A
N/A
20-10-5
principal
section
storage
106-
use
444(b)
Freestanding
on -premises
See article VII of this chapter
signs
Freestanding
on -premises
signs located
in controlled
See article VII of this chapter
access
highway
corridors
Main Street
6%
60%
*-20-5
*-0-0
TBD
Main Street
Overlay
N/A
80%
0-20-0
N/A
TBD
(b) Footnotes to Table B.
1 A minimum landscape setback of 20 feet will be required adjacent to all designated
conservation areas. Buildings, parking areas, loading docks, outside storage, and refuse
containers will not be allowed in such setback areas. A planting plan is required to be submitted
and approved by the enforcing officer. These areas are to be landscaped with trees, shrubs, and
groundcover. Required landscaping must be maintained by the property owner and/or occupant.
2 Screening is required in conformance with section 106-444(a).
3 All yards adjacent to public right-of-way must be a minimum of ten feet.
4 The minimum setback adjacent to any utility easement shall be three feet.
5 See article V, division 4 of this chapter for additional requirements.
6 No sign shall be located in a sight triangle so as to obstruct traffic visibility at a level
between three feet and six feet as measured above adjacent road grade.
7 *Within the Main Street District the front yard is the average of the existing structures on
that side of the street on the same side of the street or the setback of the closest structure on an
adjacent lot. This applies to the primary structure only. Any accessory buildings must be a
minimum of six feet from the main structure, but may be zero feet from any lot lines. Within the
Main Street District and Overlay, maximum height is yet to be determined.
8 a) Minimum exterior wall standards shall be 100 percent masonry or glass. Front and side
walls, which may be seen from any public thoroughfare, excluding doors, windows, and window
walls, shall be constructed of brick, stone, masonry, or pre -cast concrete panels.
b) Existing buildings shall also conform to this requirement upon expansion of over one-third of
an area of improvement/development.
c) In case of structural damage to the front of the building due to fire, flood or other reasons,
and the cost of redevelopment is in excess of 50 percent of the value, the structure shall conform
to the above requirements.
These provisions shall apply to all new developments and buildings located adjacent to and along
the following thoroughfares, roadways, and collector streets: State Highway 146; State Highway
225; Fairmont Parkway; West Main Street; Spencer Highway; Barbour's Cut Boulevard; North
and South Broadway Streets (Old Highway 146); Underwood Road; Bay Area Boulevard; Sens
Road; Canada Road; and East Main Street.
The following are exempt from the above requirements, unless otherwise required by applicable
building codes.
i) Any pre-existing building that contains a single business or multiple businesses and has a
footprint of over 50,000 square feet.
ii) Multiple pre-existing buildings and/or multiple pre-existing businesses on a single site or
parcel of land.
iii) Existing shopping centers and business parks.
iv) Franchise business with an established theme.
9 Maximum allowable height for structures within all commercial zoned properties, (including
R-2 and R-3 uses therein) located within 120 feet of R-1 and LL zoned properties is 30 feet.
(Ord. No. 1501-X, § 5, 12-16-96; Ord. No. 1501-JJ, § 7, 10-14-02; Ord. No. 1501-AAAA, § 6,
10-11-04; Ord. No. 1501-FFFF, § 7(Exh. F), 2-28-05; Ord. No. 1501-K-5, § 6(Exh. F), 12-11-06;
Ord. No. 1501-C6, § 6(Exh. F), 5-19-08)
Hotels/Motels in La Porte
Name
Address Year Built
No. of Rooms
Zone
1. Bayshore Motel
717 S. Hwy. 146
1952
47
GC
2. Best Western
705 State Hwy. 146
1995
49
GC
3. Comfort Suites
902 S. 8th Street
1998
67
GC
4. Candlewood Suites
1250 S. 131h Street
2008
Ill
GC
5. Fairway Inn
902 S. Highway 146
2003
58
GC
6. Garden Suites
107 N. 8th Street
2000
29
MSD
7. Holiday Inn Express
908 West `G' Street
2006
55
GC
8. Kings Bay Inn
1601 S. Broadway
1961
16
R-3
9. La Quinta
1105 S. Highway 146
1984
113
GC
10. Main Street Motel
800 W. Main Street
1950
14
MSD
11. Plaza Hotel
904 W. Barbour's Cut Blvd.
1998
20
BI
12. Quality Inn & Suites
11003 Fairmont Pkwy.
2008
85
GC
13. Value Place
1506 W. Fairmont Pkwy.
2007
119
GC
14. Super 8 Motel
702 State Highway 146 S
2009
45
GC
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: July23 2009
Requested By: Ron Bottoms, City Manager
Department: Administration
Report: X Resolution: Ordinance:
Exhibits:
Exhibits:
Exhibits:
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item:
SUMMARY & RECOMMENDATION
• The City has been approached by several contractors planning to bid on the unclassified
fill requirements for the TxDOT SH146 project.
• The contractors have asked if the City has any excavation projects available (i.e.
detention basins) and have indicated their willingness to excavate the sites as a source for
the fill.
• The City has learned that Harris County Flood Control District (HCFCD) has an
"Excavation and Removal" program that addresses similar situations.
• Key features of that program are;
o Identification of suitable site
o Preliminary engineering and environmental work complete
o HCFCD enters into agreement with contractor paying the contractor a small fee
for the work described in the agreement.
o Term of the agreement varies depending on complexity of the work and other
factors
o Contractor is required to maintain insurance during the term of agreement.
o Contractor and all persons entering the site at the contractors request shall execute
a Release of Liability.
o Contractor is required to conform to all applicable federal, state, and local laws.
The HCFCD keeps a list of contractors interested in such work. When a project is
determined to be viable, the contractors are contacted (first in -first out basis) to see if
they will enter an "Excavation and Removal Agreement." There are no bids taken since
the fee for service is below the bidding threshold.
The City has a location on F-216 where design is complete and the Army Corp of
Engineers (ACOE) permit is pending. Plans were to bid this project when the permit is
needed. Consideration of an "Excavation and Removal Agreement" could result in a
substantial savings to the City. The estimated cost for excavation of approximately 260,
000 cubic yards of material is 2,000,000 million dollars.
Action Required by Council:
Bottoms, City Manager
MEETING HANDOUTS
0
CaE��RY•s
S IFIE6
06/02/09
My name is Margaret Compton I live at 10901 Dogwood
In LaPorte, Tx 77571
Th reason I am speaking today is to encourage the
co ncil members and the mayor to vote for the highest
upgrades possible for Fleetwood, in the subdivision of
Fai mont Park East.
BeOause of the insufficient drainage on Driftwood it is
w4erative for Fleetwood to receive the highest
upgrades. The diagram shows the natural flow of water
through the streets to the storm drains, It also
demonstrates in blue the back up that is experience
within minutes of a heavy rain.
Ple se think long and hard about the pictures I have
shown to you all tonight. I do understand that this is allot
of Money to put in to one community, But please put on
yo r business caps and think of the "what if's." What if in
this area: The property value drops, what if people move,
ho will this affect business, and then all of our salaries.
ThOnk you all for your time and bless you all
for your dedication.
Me ife - br
D6;tt000a � Pecan
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