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Home My WebLink About2009-09-28 NO MINUTES - BACK UP for agenda items only for 9/28/09 meeting . 5 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 09/28/2009 Appropriation Requested B)': Ray Nolen Source of Funds: General Fund Department: EMS Account Number: 00150595225005 Report: Resolution: Ordinance: xxx Amount Budgeted: $9,000.00 Exhibits: Contract with Medical Director Amount Requested: ~t) 1"\0 00 Exhibits: COpy of Ordinance Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Alillual contract renewal between Dr. Oscar Boultinghouse and the City of La Porte to serve as medical director for EMS. Contract renewal period is October L 2009 through September 30. 2010. Contract renewal fee is same as last year with no increase. EMS medical directors are a covered party under the TML Incidental Medical Malpractice Liability Coverage plan. Dr. Boultinghouse has been the EMS medical director for the City of La Porte for several years. He has done an outstanding job in that capacity. His response to EMS needs are timely and of high quality. Recommend that council approve contract. Action Required bv Council: Consider approving an ordinance authorizing the City Manager to execute a contract with Dr. Osc oultinghouse, M.D., Medical Director for the City of La Porte EMS. i/.t3!>~ Date ~/ CONTRACT FOR MEDICAL DIRECTOR DEPARTMENT OF EMERGENCY MEDICAL SERVICES CITY OF LA PORTE, TEXAS This Contract entered into this the 1st day of October, 2009, by and between the City of La Porte, Texas, a municipal corporation (hereinafter called "City") acting by and through it's duly authorized City Manager, and Dr. Oscar Boultinghouse, M.D., (hereinafter sometimes called "Dr. Boultinghouse"), WITNESSETH: WHEREAS, there is a recognized need to provide high quality emergency medical services and related medical care in the City of La Porte, Texas; and WHEREAS, the City desires to provide medical direction for its Department of Emergency Medical Services through the use of a licensed physician; and WHEREAS, the City desires to contract with Dr. Boultinghouse to serve as Medical Director for the Department of Emergency Medical Services of the City and Dr. Boultinghouse is willing to serve as Medical Director under the terms and conditions stated herein; NOW, THEREFORE, in consideration ofthe premises, the agreements herein contained and other and valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows: Page 1 I. MEDICAL DIRECTOR: Dr. Boultinghouse hereby contracts with the City as an independent contractor to serve as Medical Director of the Department of the Emergency Medical Services of the City (the "Medical Director") for the term stated below. II. RESPONSIBILITIES AND AUTHORITY OF MEDICAL DIRECTOR: The responsibilities and authority of the Medical Director shall be as follows: A. General (1) Ultimate responsibility for all medical issues concerning the City Department of Emergency Medical Services. (2) The authority to make decisions affecting all medical aspects of the City Department of Emergency Medical Services. (3) Being responsible to but not governed by the EMS Chief of the City of La Porte. (4) Inspect, evaluate and make recommendations regarding medical equipment purchased by the City Department of Emergency Medical Services. B. Education Responsibility for developing, implementing and participating in continuing education and recertification programs for paramedics employed by the City. C. Evaluation (1) Responsibility for devising a system of ongoing review and education of paramedic services rendered by the City Department of Emergency Medical Services and providing rapid feedback to the paramedics. Page 2 D. Personnel (1) Ultimate responsibility for evaluating the competency of all paramedics employed by the City. The Medical Director shall have the authority to revoke any paramedics from their authorization to utilize protocols/standing orders. (2) All paramedics employed by the City must be cleared by the Medical Director before being permitted to provide emergency medical services to the public. E. Community Liaison (1) Provide liaison with the medical community; respond to questions from physicians about the City Department of Emergency Medical Services. (2) Provide public information as necessary about the medical aspects of emergency medical services provided by the City Department of Emergency Medical Services; respond to medical questions from the media and the public. (3) Make appearances as reasonably necessary to educate those using the emergency medical system about its function. F. Protocols/Standing Orders Develop and revise standing orders to be used by paramedics in the field, monitor their use and make adjustments based on experience with these standing orders. G. The Medical Director shall devote such of their time as is reasonably needed to fulfill the responsibilities and duties of the Medical Director of the City Department of Emergency Medical Services under the terms of this Contract. It is understood that the Medical Director will continue to engage in private medical practice while not performing duties under this Contract. Page 3 III. Term - The term of this Contract shall be for a period commencing as the date hereof and ending on the 30th day of September, 2010 or if sooner, with the first to occur of the following: A. The death of Dr. Boultinghouse; or B. Thirty (30) days following written notice by the City or by Dr. Boultinghouse; provided, however, that prior to any written notice of termination under this Section 3B by the City because of dissatisfaction with Dr. Boultinghouse's performance as Medical Director under this Contract, the City shall convene a meeting pursuant to written notice to the Medical Director setting forth the basis for such dissatisfaction. At the meeting, which shall be held no sooner than fifteen (15) days following such written notice, the parties shall attempt to resolve any disagreements and conflicts. IV. Insurance - Throughout the term of this Contract, the City shall provide the Medical Director with a policy on the minimum limits of three million dollars ($3,000,000.00) per occurrence and six million dollars ($6,000,000.00) annual aggregate which covers the performance of their administrative duties as Medical Director. The insurance policy shall provide that the City and the Medical Director shall be given thirty (30) days written notice prior to any cancellation of this insurance. v. Compensation - In consideration for rendering the services of Medical Director under the terms of this Contract, the City shall pay aggregate compensation at a twelve month rate of Nine Thousand Dollars ($9,000.00). Page 4 VI. Independent Contractor - This Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture, since the intent is that Dr. Boultinghouse shall be an independent contractor with the City. No party hereto shall hold himself or itself out or act as an agent of any other party with respect to third parties In any way. VII. Governing Law - This Contract shall be governed in accordance with the laws of the State of Texas and shall be performable in Harris County, Texas. IN WITNESS WHEREOF, Dr. Boultinghouse and the duly authorized representative of the City of La Porte have executed this Contract as of the date and year first above written. Ron Bottoms City Manager City Of La Porte Dr. Oscar Boultinghouse, M.D. Harris County, Texas dJ-~h~ Date I 9/z~c; Date Page 5 ORDINANCE NO. 2009-,~ ) ~ 3 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF IA PORTE AND DR. OSCAR BOULTINGHOUSE, M.D., TO SERVE AS MEDICAL DIRECTOR OF THE DEPARTMENT OF EMERGENCY MEDICAL SERVICES OF THE CITY OF IA PORTE, MAKING VARIOUS FINDINGS AND PROVISIONS REIATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS IAW, 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 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 of the City of La Porte 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. ORDINANCE NO. 2009-.3!.t2- PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 28th day of September, 2009 ATTEST: ~~'~i~~City Secretary APPR~~: /, /{/~ -r ~ Clark T. Askins, City Attorney C.lTY.OF LA PORTE By: --- ~,iJ0 / Ba ry aSley~aYOr E ---'-- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 09-28-09 Budl!et Requested By: I(pn Adroy Source of Funds: Department: PQIi~\l Account Number: Report: Resolution: X Ordinance: Amount Budgeted: Exhibits: Click it or Ticket Texas Teen Enforcement Project, FY 2010 Resolution Amount Requested: Budgeted Item: YES NO Exhibits: Exhibits SUMMARY & RECOMMENDATION Consider for action a Resolution authorizing the City Manager to execute documents accepting a " Click It or Ticket Teen Enforcement Project" Grant for Fiscal Year 2010 for approximately $15,000.00 for overtime from the Texas Department of Transportation, for enforcement of the program for the periods of October 19th - 25th, 2009, February 22nd - 28th and May 17th - June 6, 2010. Action Reauired bv Council: olution authorizing City Manager to sign grant and other documents for "Click It or Ticket Teen orce nt Project" Grant for Fiscal Year 2010. ~ 11."1 ~'1 Date RESOLUTION /L()(f(.. 09 **** WHEREAS, injuries and deaths from traffic crashes bring loss and suffering to the citizens of this community; and WHEREAS, the cost of such injuries brings economic hardship to families; and WHEREAS, the community's health care system and emergency response resources are significantly impacted by injuries from traffic crashes; and WHEREAS, research shows that using safety belts and child safety seats is still the single most effective way to reduce injuries and save lives in traffic crashes; and WHEREAS, research shows that when a driver is unbuckled, 70 percent of the time children in that vehicle are also unbuckled; and WHEREAS, in 2007 the National Highway Traffic Safety Administration estimated that when safety belt use in Texas reaches 85 percent, each year 241 lives will be saved, 5,275 nonfatal injuries will be prevented and $392 million in economic savings to society will result; and WHEREAS, the "Click It or Ticket Texas" campaign includes intensified law enforcement and public education designed to encourage and enhance the habitual use of safety belts within the community. ATTEST: " .11# ufflJP~~ City Secretary F Agenda Date Requested: September 28, 2009 REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: Michael Dolby, CPA Department: Finance Report: Resolution: Ordinance: xx Exhibits: Ordinance Budgeted Item: YES NO Exhibits: Excerpt from FY 2009 Adopted Budget & Amended Budget (Exhibit A & B) Exhibits: Exolanations / Backup for Amendment Source of Funds: N/A Appropriation Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A SUMMARY & RECOMMENDATION The City Council adopted the Fiscal Year 2008-09 Budget on August 25, 2008. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2008-09 Budget. (*denotes funds with current changes) General Fund Grant Fund Street Maintenance Sales Tax Fund Community Investment Hotel/Motel Occupancy Tax La Porte Development Corporation Tax Increment Reinvestment Zone Utility Sylvan Beach Airport La Porte Area Water Authority Golf Course Motor Pool Insurance Fund Technology Fund General Capital Improvement Utility Capital Improvement Sewer Rehabilitation Capital Improvement 1998 General Obligation Bond Fund 2000 General Obligation Bond Fund 2002 General Obligation Bond Fund 2004 Certificate of Obligation Bond Fund 2005 Certificate of Obligation Bond Fund 2005 General Obligation Bond Fund 2006 Certificate of Obligation Bond Fund 2006 General Obligation Bond Fund 2007 Certificate of Obligation Bond Fund Transportation & Other Infrastructure Fund General Debt Service Utility Debt Service La Porte Area Water Authority Debt Service Total of All Funds Previously Original Budget Amended Budget $ 36,382,175 1,923,528 700,000 386,575 463,749 4,339,685 1,435,775 8,689,854 217,690 23,483 1,005,288 1,324,826 2,640,159 4,575,547 1,255,818 11,177,355 o 350,000 590,195 149,109 1,990 861,883 341,678 73,824 2,212,267 18,021 1,640,317 o 3,345,768 463,850 750,069 $ 87,340,478 $ 38,597,498 7,629,005 738,695 950,725 551,249 4,469,935 1,435,775 9,199,999 217,690 23,483 1,005,288 1,381,614 3,018,851 4,887,093 1,333,448 11,931,884 o 350,000 590,195 149,109 1,990 861,883 341,678 73,824 2,212,267 18,021 1,640,317 o 3,345,768 463,850 750,069 $ 98,171,203 Proposed Amended Budget $ 38,597,498 7,629,005 738,695 950,725 551,249 4,469,935 1,435,775 9,199,999 217,690 23,483 1,005,288 1,381,614 3,018,851 4,887,093 1,333,448 11,969,184 * o 350,000 590,195 149,109 1,990 861,883 341,678 73,824 2,212,267 18,021 1,640,317 o 3,345,768 463,850 750,069 $ 98,208,503 Action ReQuired bv Council: Adopt Ordinance Amending Fiscal Year 2008-09 Budget for $37,300 in the General CIP Fund to set up a project for repairs to Evelyn Kennedy Center. The funding will come from a transfer from the General Fund to move the remaining monies from TML for Hurricane Ike Recovery. (The General Fund will not need to be amended for the transfer out, since that fund was amended for the receipt of the TML insurance monies at the May II th Council meeting) 1aJ~ Date ORDINANCE NO.3J ~~ AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1, 2008, through September 30, 2009, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on July 25, 2008, and a public hearing scheduled for August 25, 2008 was duly advertised and held. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and a summary of which is attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget summary document, attached hereto by reference as Exhibit "B", as the Budget for the said City of La Porte, Texas, for the period of October 1, 2008, through September 30, 2009. SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and necessary to the adoption of said Budget have been performed as required by charter or statute. SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 4: This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the di!day of ~ 2009. C F ~TE. TEXAS asley, Ma~ r ATTEST: ~~~bj Mart a Gillett, ity Secretary CI EXHIBIT A (ORIGINAL BUDGET) City of La Porte Consolidated Summary of All Funds FY 08-09 FY 08-09 Revenues Expenses Governmental Fund Types: General Fund 33,724,383 36,382,175 Grant Fund 1,923,528 1,923,528 Street Maintenance Sales Tax 786,440 700,000 Community Investment 264,701 386,575 Hotel!Motel Occupancy Tax 583,575 463,749 Section 4B Sales Tax 1,647,506 4,339,685 Tax Increment Reinvestment 1,519,774 1,435,775 Total Governmental Types 40,449,907 45,631,487 Enterprise: Utility 8,369,944 8,689,854 Sylvan Beach 207,601 217,690 Airport 52,995 23,483 La Porte Area Water Authority 1,226,202 1,005,288 Golf Course 1,202,679 1,324,826 Total Enterprise 11,059,421 11,261,141 Internal Service Motor Pool 2,107,688 2,640,159 Insurance Fund 3,945,027 4,575,547 Technology Fund 948,623 1,255,818 Total Internal Service 7,00 I ,338 8,471,524 Capital Improvement: General 10,684,213 11,177,355 Utility 192,000 Sewer Rehabilitation 304,927 350,000 1998 GO Bond Fund 7,000 590,195 2000 GO Bond Fund 149,109 2002 GO Bond Fund 1,990 2004 C/O Bond Fund 861,883 2005 C/O Bond Fund 1,400 341,678 2005 GO Bond Fund 73,824 2006 C/O Bond Fund 5,000 2,212,267 2006 GO Bond Fund 2,500 18,021 2007 C/O Bond Fund 10,000 1,640,317 Other Infrastructure 17,282 Total Capital Improvement 11,224,322 17,416,639 Debt Service: General 3,276,016 3,345,768 Utility 104,705 463,850 La Porte Area Water Authority 750,069 750,069 Total Debt Service 4,130,790 4,559,687 Total All Funds 73,865,778 87,340,478 EXHIBIT B (AMENDED BUDGET) City of La Porte Consolidated Summary of All Funds FY 08-09 FY 08-09 Revenues Expenses Governmental Fund Types: General Fund 33,964,274 38,597,498 Grant Fund 7,213,350 7,629,005 Street Maintenance Sales Tax 786,440 738,695 Community Investment 264,701 950,725 Hotel/Motel Occupancy Tax 583,575 551,249 Section 4B Sales Tax 1,647,506 4,469,935 Tax Increment Reinvestment 1,519,774 1,435,775 Total Governmental Types 45,979,620 54,372,882 Enterprise: Utility 8,416,239 9,199,999 Sylvan Beach 207,601 217,690 Airport 52,995 23,483 La Porte Area Water Authority 1,226,202 1,005,288 Golf Course 1,241,192 1,381,614 Total Enterprise 1l,l44,229 11,828,074 Internal Servi ce Motor Pool 2,110,144 3,018,851 Insurance Fund 4,220,524 4,887,093 Technology Fund 973,623 1,333,448 Total Internal Service 7,304,291 9,239,392 Capital Improvement: General 11,471,432 1l,969,184 Utility 655,850 Sewer Rehabilitation 304,927 350,000 1998 GO Bond Fund 7,000 590,195 2000 GO Bond Fund 149,109 2002 GO Bond Fund 1,990 2004 C/O Bond Fund 861,883 2005 C/O Bond Fund I ,400 341,678 2005 GO Bond Fund 73,824 2006 C/O Bond Fund 5,000 2,212,267 2006 GO Bond Fund 2,500 18,021 2007 C/O Bond Fund 10,000 1,640,3 I 7 Other Infrastructure 17,282 Total Capital Improvement 12,475,391 18,208,468 Debt Service: General 3,276,016 3,345,768 Utility 104,705 463,850 La Porte Area Water Authority 750,069 750,069 Total Debt Service 4,130,790 4,559,687 Total All Funds 81,034,321 98,208,503 From: To: Subject: Date: Barr. SteDhen Wolnv Shellev FW: itemized list for finishing EK and CW Tuesday, September 15, 2009 3:48:42 PM Shelley, this is John's response to my email... From: Joerns,John Sent: Monday, September 14, 20092:00 PM To: Barr, Stephen; Bottoms, Ron Cc: Dolby, Michael; Bradley, Scott Subject: RE: itemized list for finishing EK and ON Stephen get with Michael-Finance is doing something similar for golf course. Ron is not in until Thursday. JJ From: Barr, Stephen Sent: Monday, September 14, 2009 1:12 PM To: Bottoms, Ron; Joerns, John Cc: Dolby, Michael; Bradley, Scott Subject: FW: itemized list for finishing EK and ON Hello Ron, As you know, we are working diligently to try to complete the work at Evelyn Kennedy, but it doesn't appear that we will make the 30 September deadline. The estimates below are the amount we think we will need to complete the project. We have a surplus of over $100k in our 4011 account that will fall to the bottom line (as excess Ike funds). I would like permission to carry this $37.5k over so that we can complete the repairs without encumbering FY09-10 funds in the process. We have substantially completed the other Ike repairs with the exception of the carpet for RFC (purchase requisition issued) and the sign out front (09-10 budgeted item). Please respond to All, with your approval, thanks in advance for your consideration. Regards, Stephen From: Bradley, Scott Sent: Monday, September 14, 2009 11:27 AM To: Barr, Stephen Subject: RE: itemized list for finishing EK and ON Additional Expense Estimates - for Evelyn Kennedy I Store fronts (3) include stage doors $24,000 kitchen cabinets $2,000 kitchen appliances $1,800 ceramic tile in RR's I $2,500 grid ceiling & sheetrock repair $3,000 stage curtain $1,500 contingency I 2,500 total I $37,3001 This should take care of it! I added some contingency money just in easel Scott From: Barr, Stephen Sent: Monday, September 14, 2009 11:08 AM To: Bradley, Scott Subject: itemized list for finishing EK and ON Duuuuude! Get me the list and approximate amounts, so I can write the letter to Ron requesting carryover of funds... @ Stephen Barr, Director of Parks & Recreation City of La Porte . G 0_-- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 2S, 200S Appropriation Requested By: Stephen L. Barr Source of Funds: N/A Department: Parks & Recreation Acc't Number: Report: _Resolution: _Ordinance: --X- Amount Budgeted: N/A Exhibits: Interlocal Agreement - City of Pasadena Amount Requested: N/A Bud2:eted Item: YES NO Exhibits: Exhibits: SUMMARY & RECOMMENDATION The City of La Porte is building a bicycle-pedestrian trail along Fairrnont 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 one from the City of Pasadena. The Interlocal Agreement being considered will allow the trail to be placed on City of Pasadena property and will facilitate the building of the trail in the near future. The plans for the trail have been reviewed by Pasadena and they are comfortable with the alignment. Staff recommends approval of the Interlocal Agreement between the City of La Porte and the City of Pasadena to be able to move forward with the trail installation. There are two more easements that will be required before we can move forward with the installation but we expect to receive those momentarily. 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. Ron Bottoms, City Manager -:l In ~ <j Date Exhibit #1 Ordinance 2009 Exhibit #2 Interlocal Agreement ORDINANCE NO. 2009- 8/ ~.s- AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF PASADENA FOR A BIKE-PEDESTRIAN TRAIL EASEMENT ON PASADENA 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 of2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 28TH day of September, 2009. CITY OF LAPORTE Barry Beas ey, Mayor of La Porte By: ATTEST: 0ntU{j,~iljl Martha Gillett, City Secretary APPROVED AS TO FORM: ~-r~ Clark T. Askins, Assistant City Attorney Page 2 of2 September 8, 2009 City of La Porte AUn: Barry Beasley, Mayor 604 West Fairmont Parkway La Porte, Texas 77571 RE: Ordinance No. 2009-179 Honorable Mayor Beasley: Enclosed are two (2) ORIGINALS of a Contract and Agreement to be signed. Please sign and return BOTH copies to the City of Pasadena City Secretary's Office and we will return one (1) fully executed copy for your records. Please be advised that these contracts should not be confused with a purchase order. Therefore, do not send or mail any item without first receiving a purchase order from our Purchasing Department. Should you have any questions or need additional information, please don't hesitate to contact our office at (713) 475-5513. Sincerely, P) ..-< -. i /' . '-.., - - /' . " ." J /P1/n4"'YLi/"-"",,/L/::;'t:t({...i>-Ll::C f .--.., z-eEmma Bridwell City Secretary Office Assistant Enclosures City of Pasadena, Texas p.o, Box 672 Pasadena, TX 77501 713-477-1511 www.pasadenatexas.net ,,' ~1'_" "~ .~,. INTERLOCAL AGREEMENT THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ An interlocal agreement between the City of La Porte, Texas and the City of Pasadena, Texas WHEREAS, it is to the mutual benefit of the City of Pasadena and the City of La Porte for the construction of a public walking and jogging, Hike and Bike Trail, approximately ten (10) feet in width, along the North boundary line of the City of Pasadena 99.999 acre tract located on Fairmont Parkway as shown in Exhibit "A" attached hereto, hereinafter called the "Trail;" and WHEREAS, the City of La Porte will construct and maintain the Trail if the City of Pasadena will permit the construction within a dedicated easement located on the property owned by the City of Pasadena. NOW, THEREFORE, in consideration of the mutual covenants, agreements and benefits to both parties, it is agreed as follows: I. The City of La Porte will prepare, or cause to be prepared, detailed plans and specifications for the Trail and submit the same to the City of Pasadena for approval. II. After the approval of the plans and specifications by the City of Pasadena, the City of La Porte shall commence to construct the Trail in accordance with the plans and specifications approved by the City of Pasadena and in accordance with this agreement and applicable law. The City of La Porte will construct the Trail in a manner as not to interfere with the City of Pasadena's use of the property, over and across which the Trail is located, for any purpose. The City of La Porte shall administer construction, construction bidding and perform construction inspection, materials testing, and surveying for the Trail. The City of Pasadena may, but is not required to, perform construction inspection and examine all results of the material tests for the Trail. If any conflict arises between the plans and specifications and the provisions of this agreement, the agreement is controlling and binding upon the parties hereto. EXHIBIT "1" /II. The City of Pasadena authorizes the City of laPorte to use the described easement located on the North boundary line of the City of Pasadena's 99.999 acre tract located on Fairmont Parkway, as more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes, for the purpose of constructing and maintaining the Trail. The City of Pasadena's authorization of the City of LaPorte's use of the property is conditioned on the fulfillment of the City of laPorte's obligation herein. If any portion of the City of Pasadena's property, on which the Trail is to be constructed or maintained, is subject to any permits, wetland mitigation requirements, pipeline adjustments, consent, approvals, or other matters, in which the County or the Harris County Flood Control District may be involved, then this Agreement is subject to those permits and other matters, and the City of LaPorte will obtain the consent and approvals from said third parties prior to undertaking the construction of the Trail on approvals, then this agreement is of no force and effect. IV. Subject to the terms of paragraph XI hereof, the term of this agreement shall commence on the date of the execution of this agreement and end on twenty-five (25) years from the date of the execution of this agreement by the last party to execute the same, provided however that such agreement shall be automatically extended for successive periods of one year thereafter unless either party sends written notice of their intent to cancel in accordance with this agreement. V. During the term of this agreement, the City of LaPorte will not take any action that interferes with the use of the Trail by the general public for walking and jogging purposes. VI. Within ninety (90) days following the completion of the construction of the Trail, the City of LaPorte will deliver record drawings of such construction to the City of Pasadena. To the extent that the City of LaPorte funds are available, the City of LaPorte shall maintain, or cause to be maintained, the Trail during the term of the Agreement. The City of laPorte's maintenance duties shall include, but not be limited to, the repair of the pavement on the Trail caused by ordinary wear and tear, mowing, edging, trimming and picking up of trash, paper and debris on the Trail and the ground located within ten feet of either side of the Trail, at least once every two months or other frequency determined by the City of Pasadena. The City of LaPorte shall install and maintain, or cause to be installed and maintained, appropriate traffic control signs and devices, lighting apparatus and all other appurtenances along the Trail that are deemed necessary or proper by the City of LaPorte for the safety of the users of the Trail. The City of Pasadena shall have no duty whatsoever to maintain the Trail after construction. VII. The City of LaPorte shall not cause any waste upon the Trail and shall not cut or damage any tree or trees on the City of Pasadena's lands over six inches in diameter, as measured twelve inches above grolJnd level, without prior written consent of the City of Pasadena. VIII. For purposes of this Agreement, the City of laPorte's right to use and enjoyment of the Trail for the purpose herein stated is expressly limited to the City of Pasadena's right, title and interest in and to the City of Pasadena's lands, and the City of Pasadena makes no representation or warranty as to its right, title or interest in and to said lands. IX. The City of Pasadena makes no representation that the City of Pasadena's property on which the Trail is to be constructed, including, but not limited to, its grade and drainage, is suitable for the City of LaPorte's intended purposes. The City of Pasadena makes no representation as to the presence or absence of depressions on the property, or the stability or suitability of the soils for the City of LaPorte's intended purpose. x. The City of Pasadena hereby expressly reserves to itself, its officers, employees, agents, and contractors, the right to enter upon the Trail on the City of Pasadena's lands at any time for any purpose necessary or convenient to access our land, to remove portions of the Trail and not permit the City of LaPorte to rebuild the same, and to make such other use of said Trail as City of Pasadena deems necessary or desirable in connection with any purpose, and the City of LaPorte shall have no claim for damages of any character on account thereof against the City of Pasadena, or any officer, employee, agent or contractor thereof. The City of Pasadena has no responsibility to replace or repair any portion of the Trail that is damaged in the course of making improvements to our land. The City of Pasadena will notify the City of LaPorte in writing thirty (30) days prior to the commencement of any such work on its property on which the trail is located and the City of LaPorte has the option, but not the obligation, to monitor and inspect the progress of such work from time to time as it sees fit. In the event the City of Pasadena's work may require removal of a portion of the trail, the City of Pasadena shall notify the City of LaPorte in writing sixty (60) days in advance of the commencement of such work. The City of LaPorte shall have thirty (30) days from the date of such notification to remove any and all trail materials and/or related equipment and materials from that portion of the trail on which the work is to be done. The sole remedy of the City of LaPorte for failure of the City of Pasadena to give the notice provided herein is termination of this Agreement. likewise, if the Trail, or other structures appurtenant thereto, is damaged by the City of Pasadena during road or drainage activities, the City of Pasadena reserves the right not to allow the City of laPorte to rebuild the Trail or replace structures appurtenant thereof if to do so would impede the City of Pasadena's use of the property, on which the Trail is located, for road or drainage purposes. In this event, the City of Pasadena will permit the City of LaPorte, to the extent physically possible and allowed by law, to relocate and rebuild the trail on other City of Pasadena property so as to connect with the remainder of the trail in a continuous, non-interrupted fashion. If any portion of the Trail, constructed or maintained by the City of LaPorte pursuant to this Agreement, is damaged, other than through the sole fault of the City of Pasadena, the City of LaPorte, to the extent permitted by law, will promptly repair said damage. The City of LaPorte shall notify the City of Pasadena Director of Public Works and the Parks Director in writing of any such proposed repairs or replacements to the Trail. The City of LaPorte shall not perform such repairs or replacements to the Trail until they are approved in advance by the City of Pasadena Director of Public Works and the Parks Director in writing. XI. During and after construction of the Trail, and during the term of this agreement, the City of Pasadena may place one or more signs along the Trail indicating that the Trail is a joint project of the City of Pasadena and the City of LaPorte, and that the Trail is available to the general public. XII. Subject Paragraph XI above, the City of LaPorte will have the exclusive control and supervision of the Trail during the term of this agreement. The City of Pasadena has no obligation to inspect the Trail, to determine whether the same is safe, nor to give notice to the users of the Trail that the Trail is unsafe. XIII. The Trail is open to the use of the general public. No fee or charge shall be imposed for use thereof. XIV. It is not the City of LaPorte's or the City of Pasadena's intent to designate any part of the property on which the Trail may be constructed as a recreational area for the purposes of TEX. PARKS & WILD. CODE ANN. ~ 26.001 (Vernon 2002) and all amendments thereto, or to dedicate any part of such property as a park for the purposes of Chapter 317, TEX. LOC. GOV'T CODE ANN. (Vernon 1999 & Supp. 2002) and all amendments thereto. xv. Any notice required or permitted to be given to the City of Pasadena by the City of LaPorte hereunder may be given by certified or registered United States Mail, postage prepaid return receipt requested, addressed to City of La Porte, TX, Attention: Parks Director. Any notice required or permitted to be given to the City by the County hereunder may be given by certified or registered United States Mail, postage prepaid, return receipt requested, addressed to the City of Pasadena, P.O. Box 672, Pasadena, TX 77501, Attention: Director of Parks and Recreation. Notices shall be considered exercised and completed upon deposit of the notice in the United States mail as aforesaid. XVI. In performing its obligations to be performed under this Agreement, the City of LaPorte shall comply with all applicable federal, state, municipal and local laws, rules, ordinances and regulations, including, but not limited to, the Americans with Disabilities Act and the Texas Architectural Barriers Act. XVII. The City of LaPorte shall cause to be inserted in the construction contract a statement that the contractor shall save and hold harmless the City of LaPorte and City of Pasadena and their employees, officers and agents from all suits, actions, and claims of any character brought on account of any injuries or damages sustained by any person or property in consequence of any neglect or alleged neglect in safeguarding the work or through the use of unacceptable materials in the construction of the Trail, or on account of any act or omission by the contractor. XVIII. To the extent that the Trail is located within the City of Pasadena's property, the City of LaPorte will require that the construction contractor's insurance policies name the City of Pasadena, as well as the City of LaPorte, as an additional insured. Such insurance policies shall include not less than the following minimum coverage: 1. Workers Compensation in the amount required by law 2. Comprehensive General Liability Insurance for bodily injury and property damage, including inverse condemnation, with a combined single limit of not less than $1,000,000 per occurrence. 3. Comprehensive Automobile Liability Insurance, including owned and non-owned vehicles used for the construction of the Trail, with bodily injury and property damage with a combined single limit of not less than $1,000,000 combined single limit per occurrence. City of LaPorte may require insurance in excess of the amounts or coverages set out above as it deems necessary. XIX. IN ADDITION, IN THE EVENT THE CITY OF LAPORTE'S USE OF THE CITY OF PASADENA'S REAL PROPERTY CAUSES THE CITY OF PASADENA'S TITLE TO ANY PORTION OF SUCH PROPERTY TO REVERT TO THE GRANTOR, OR GRANTOR'S HEIRS, SUCCESSORS OR ASSIGNS, THE CITY WILL REACQUIRE, IN THE NAME OF THE CITY, SUBJECT TO THE RIGHT OF THE CITY TO USE SUCH PROPERTY FOR A HIKE AND BIKE TRAIL AND APPURTENANCES THERETO, THE SAME PROPERTY INTEREST THE CITY OF PASADENA HAD OWNED PRIOR TO THE REVERSION OF THE TITLE. XX. 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. IN TESTIMONY OF WHICH, this agreement has been executed in duplicate counterparts, each to have the force and effect of an original as follows: (a) It has been executed on behalf of the City of Pasadena on the _ day of 2009, by its Mayor, and attested by its City Secretary, pursuant to an ordinance of the City Council of the City of Pasadena authorizing such execution; and (b) It has been executed on behalf of the City on the _ day of ,2009. by its Mayor, and attested by its City Secretary, pursuant to an ordinance of the City Council of the City of La Porte authorizing such execution. ATIEST: LINDA RORICK, City Secretary APPROVED AS TO FORM: LEE CLARK City Attorney ATIEST: vrr; ~(;I,~)/ Martha Gillett, City Secretary APPROVED AS TO FORM: t~r~~ /,or NOX ASKINS I City Attorney CITY OF PASADENA By JOHNNY ISBELL, Mayor CITY OF LA PORTE METES AND BOUNDS DESCRIPTION 0.7868 ACRES OF LAND IN THE WlLUAM M. JONES SURVEY, ABSTRACT No. 482 IN HARRIS COUNTY, TEXAS (PEDESTRIAN/BIKE EASEMENT CITY OF PASADENA - 99.999 ACRE TRACT) BEING 0.7868 acres of land situated in the William M. Jones Survey, Abstract No. 482 in Harris County, Texas; being a part of that certain 99.999 acre tract of land described in the deed to the City of Pasadena recorded in Harris County Clerks File No. P023711, Official Public Records of Real Property of Harris County, Texas, said 0.7868 acre tract of land is described by metes and bounds as follows: BEGINNING at a 1-1/4 inch copperweld rod on the South line of Fairmont Parkway, being the most Northerly Northeast corner of said 99.999 acre tract and the Northwest corner of that certain 7.944 acre tract of land described in the deed to Houston Lighting and Power Company recorded in Harris County Clerks File No. E040575, Official Public Records of Real Property of Harris County, Texas; THENCE, South 03 degrees 08 minutes 32 seconds East, along the West line of said 7.944 acre tract, 650.11 feet to a point for the Southwest corner of said 7.944 acre tract; THENCE, North 87 degrees 02 minutes 23 seconds East, along the South line of said 7.944 acre tract, 437.35 feet to a 1-1/4 inch copperweld rod on the Northwest line of that same 18.298 acre tract designated as Parcel "A" and described in the deed to Coastal Water Authority recorded in Harris County Clerks File No. K874511, Official Public Records of Real Property of Harris County , Texas; THENCE, South 33 degrees 00 minutes 21 seconds West, along the Northwest line of said 18.298 acre tract, 41.02 feet to a point at the beginning of a non-tangent curve to the right whose radius is 40.00 and whose radius point bears North 10 degrees 00 minutes 07 seconds West; THENCE, in a Northwesterly direction along said curve through a central angle of 53 degrees 11 minutes 15 seconds, 37.13 feet to a point at the beginning of a tangent curve to the left whose radius is 30.00 feet; THENCE, in a Northwesterly direction along said curve through a central angle of 46 degrees 08 minutes 46 seconds, 24.16 feet; THENCE, South 87 degrees 02 minutes 23 seconds West, parallel to and 12.00 feet South of the South line of said 7.944 acre tract, 305.29 feet to a point at the beginning of a tangent curve to the left whose radius is 30.00 feet; THENCE, in a Westerly direction along said curve through a central angle of 27 degrees 57 minutes 13 seconds, 14.64 feet to a point at the beginning of a tangent curve to the right whose radius is 40.00 feet; Page 1 of 3 K:\proj\survey\02116801\Easements\clocIM&B ESMT TR 1 REV.doc EXHIBIT "A" THENCE, in a Northwesterly direction along said curve through a central angle of 145 degrees 43 minutes 54 seconds. 101.74 feet to a point at the beginning of a tangent curve to the left whose radius is 30.00 feet; THENCE, in a Northerly direction along said curve through a central angle of 27 degrees 57 minutes 36 seconds, 14.64 feet; THENCE, North 03 degrees 08 minutes 32 seconds West. parallel to and 12.00 feet West of the West line of said 7.944 acre tract, 557.61 feet to the beginning of a tangent curve to the left whose radius is 30.00 feet; THENCE, in a Northwesterly direction along said curve through a central angle of 89 degrees 52 minutes 18 seconds, 47.06 feet; THENCE, South 86 degrees 59 minutes 11 minutes West, parallel to and 10.00 feet South of the South line of said Fairmont Parkway. 1,910.47 feet to the beginning of a tangent curve to the right whose radius is 35.00 feet; THENCE, in a Westerly direction along said curve through a central angle of 44 degrees 24 minutes 55 seconds, 27.13 feet to a point on the most Northerly line of said 99.999 acre tract, from said point a 1-1/4 inch copperweld rod at an angle point in the West line of said 99.999 acre tract bears South 86 degrees 59 minutes 11 seconds West, 9.90 feet and then South 03 degrees 00 minutes 54 seconds East, 22.93 feet; THENCE, North 86 degrees 59 minutes 11 seconds East, along the most Northerly line of said 99.999 acre tract. which is the South line of said Fairmont Parkway, 1.976.87 feet to the POINT OF BEGINNING and containing 0.7868 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. Revised June 17, 2009 Steven E. Williams, R.P.L.S. Texas Registration No. 4819 #~ -j 7,?/jJ. Page 2 of 3 Klproj\survey\02116801\Easementsldoc\M&B ESMT TR 1 REV.doc Wltl.OW S"IIII1 o 8~ " rOtJ " f I !" ,. !-' !'" c- Z ~ gill ~ZN~~ :00 2:r ;;1? = i ~~ c:. g: ;;1~~~~ 1;0 )(:0 ~ r Ee" P1~ !liln ~~ :u::: 'V:o :0:"' n _~~nC> :0' :.., ::1)0 ~~ 2 ! 2~ ;~i~i ~fl !' , ", . g 0 Ill'" 2'" ....- i '" :Ol;~)oo~ -<' :r ,., :r < ,.,.... ~. ?a 0 . ,., )o~<!1"'8 ,., ::I",nVl :r~ :0 :0 .... Vi ,., .. 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I' ~" ~ -< ~ ~r:>}J . ~/ -1i0~'32"W, 503"08'32"E 557.6" 650.'" n'TJ"D S6g2 "Czz me.. ~_o rT\1'" r-. 0"'-..111 ::o~e o Z e Z i I:) :x: :x: . g oC")~lI):"-l ,() ~IO -0' ~~-'.... , :"1"'1 ... ?l ~ ~~ r-~ , 0 ()-'" :-0' oS!~ :X:,."~:::!,.,, 0~~~lI) :"'iO~C)o 1.11-< ~" 0( ~ \:J :D ;Jl: ~ ~ -< 8 n o "C'TJ "Co me ::Oz ~o r_ 01 ~ g~ ~J'J' bO~ .c>,. o ("0 ? ..0 II- I ~,s,/.. ~~ ~-? ~, "S:-(" ~<' ;90> C'<?' .O<~ .A o('",'%o~~("-? .;.~ ~ \ '..0 ' A. <"'-of> <".s \ \ '-of> '''0 ~ '1>..0 k ~V,>; q, \ \ ''Y 6'.> 'S--Q ,(' /"S//p"./;.. \ \ \ \ Ul o o o ~:.e. z ~ NO. Il!:YIS1ON DATE T -I - _...YAMIl_ D~1E: DR...... BY: CHEO<tD BY: PflO..l No.: 03-13-09 JwR S(W 02-1168-01 0.6853 ACRES Of' LAND IN THE WlWAM M. JONES SURVEY, ABSTRACT No. 482 IN HARRIS COUNTY. TEllAS (10' PEDESTRIANI8IKf: EASEMENTS. CITY Of' PASADENA) I-UIT~ CITY OF LA PORTE ....TT.1CM.L.AltS. INC. ISOO s, OA"y "S"'CRO SUITE 200 ~TON. nt 77071 Pt1OfI[ ,8.<496.00.. , AX 28' .496...0120 604 WEST FAlRUONT PAAKW"Y LA PORT(, TEX..s 77571 28'-471-~20 SHEET: 3 of 3 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 28. 2009 Appropriation Requested By: Tim Tietiens Source of Funds: N/A Department: Planninl! Account Number: N/A Report: _Resolution: _Ordinance: ~ Amount Budgeted: N/A Exhibits: Ordinance Aerial Map Amount Requested: N/A SUMMARY & RECOMMENDATION The Planning and Zoning Commission, during its August 20, 2009, meeting, held a public hearing to receive citizen comments regarding Special Conditional Use Permit Request #SCU09-003. The request, submitted by Mr. Hans van Esch, seeks approval of a Special Conditional Use Permit (SCUP) to allow consulting inspection services in an accessory structure (6,000 sq.ft.) detached to a single-family house on 5.89 acres ofland located at 803 McCabe Road. The property is zoned Planned Unit Development. Several years ago, a SCUP was issued to build a house and an oversized garage at this location. The Zoning Board of Adjustment granted a variance for an accessory structure in excess of2,000 sq.ft. permitted for large lots. The accessory structure is located at least 30' behind the primary structure, as required by the Code of Ordinances. A tree line has been preserved for at least 100' from the east & west sides and over 150' from the rear property line, abutting Shady River Subdivision to the south as stated in the previous SCUP. The applicant's business consists of assessing/testing small turbine components. 2/3 of the assessments will be performed at client sites, while 1/3 will be on subject property. The process is noise-free and involves inspection using microscopes. The components are mailed to the applicant's home and assessed in the existing accessory structure by the family. If demand increases, the applicant may bring on one part-time assistant for this home occupation type business. Thirteen (13) notices of public hearing were mailed to neighboring property owners. No response was received from the mailout. The Planning & Zoning Commission, by unanimous vote, recommends City Council approval of Special Conditional Use Permit #SCU09-003 with the following conditions: 1. Retain 100' setback from the east, west and south property line adjacent to residential for buffering purposes with all other setbacks as required. 2. There shall be no change in the outside appearance of the building or premises and all performance has to be residential in nature. 3. No sign or display visible from the exterior of the dwelling shall be allowed. 4. There shall be no outside storage of any kind within the required setback areas and any other easements at site. 5. The facility shall operate as per noise regulations in Section 106-521 (g), Code of Ordinances. Any construction or equipment use in the rear yard setback shall not be allowed. 6. Hours of operation shall be between 7 am to 7 pm. 7. Number of employees shall be limited to one person other than members of the family residing in the premises. 8. No traffic shall be generated by such use in greater volumes than would normally be expected for residential use. 9. All outdoor lighting shall be hooded and arranged to deflect lights away from the nearby residential properties in compliance with Section 106-521(a) of the Code of Ordinances. 10. Assure that the accessory structure is not visible from the neighboring residential properties to the south. 11. Ensure that tree line will be preserved for at least 100' from the side and 150' from the rear property line. 12. The roofed-over structures on the property do not accumulatively exceed the maximum forty percent (40%) lot coverage. 13. Any additional development at site shall be subject to filing a new application for Special Conditional Use Permit. 14. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. 3/ g CI ORDINANCE NO. -------- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU09-003 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 5.89 ACRE TRACT, BEING TRS 5G & 5H, ABSTRACT 30, W. P. HARRIS SURVEY, CITY OF LA PORTE, HARRIS COUNTY, TEXAS FOR THE PURPOSE OF OPERATING CONSULTANCY INSPECTION SERVICES AT 803 McCABE ROAD IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: "Section 1. The City Council of the City of La Porte hereby finds, determines and declares that heretofore, to-wit, on the 20th day of August, 2009, at 6:00 p.m. a Public Hearing was held before the Planning and Zoning Commission jf the City of La Porte, Texas, pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government Code, to consider the question and the possible reclassification of the zoning classification of the -~ hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A", and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice of Public Hearing, which the City Council of the City of La Porte hereby finds was properly mailed to all owners of all properties located within two hundred feet (200') of the properties under consideration. "Section 2. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes. "Section 3. On August 20, 2009, the Planning and Zoning Commission of the City of La Porte met in regular session to consider changes in classification, which were the subject of such public hearing. The City Council of the City of La Porte is in receipt of the written recommendations of the City of La Porte Planning and Zoning Commission, by letter dated on the 25th day of August, 2009, a true copy of which letter is attached hereto as Exhibit "C", incorporated by reference herein and made a part hereof for all purposes. Page 2 "Section 4. Subsequent to receipt of the recommendation of the City of La Porte Planning and Zoning Commission, the City Council of the City of La Porte called a public hearing on the proposed classification changes and the recommendation of the Planning and Zoning Commission on the 28th day of September, 2009, at 6:00 p.m., and pursuant to due notice, to consider the recommendation of the Planning and Zoning Commission regarding the possible reclassification of the zoning classification of the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part hereof for all purposes, a copy of the notice of public hearing. "Section 5. The publisher's affidavit of publication of notice of said hearing is attached hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes. "Section 6. The conditions of the said Special Conditional Use Permit are as set forth in the incorporated terms of the Special Conditional Use Permit, a true copy of which is attached hereto as Exhibit "F". The description of said parcels of land classified pursuant to said Special Conditional Use Permit is as follows, to-wit: 5.89 acres of land being TRS 5G & 5H, W. P. Harris Survey, Abstract 30, City of La Porte, Harris County, Texas. "Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Porte's Comprehensive Plan. "Section 8. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Page 3 Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. "Section 9. This Ordinance shall be in effect from and after its passage and approval. Passed and approved this the L day Of~, 2009. By:----- ATTEST: Byi!JIJt!itiJt/(fil A THA GI LETT, City Secretary APPR~ By: WT-A4-~ CLARK ASKINS, Assistant City Attorney THE STATE OF TEXAS ) COUNTY OF HARRIS ) CITY OF LA PORTE ) NOTICE OF PUBLIC HEARING In accordance with the prOVISiOns of Section 106-171 of the City of La Porte's Code of Ordinances, notice is hereby given that the La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 20th day of August, 2009, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit #SCU09-003, which has been requested for property located at 803 McCabe Road, further described as 5.89 acres of land TRS 5G & 5H, Abstract 30, P. Harris Survey, La Porte, Harris County, Texas. The applicant seeks approval of a Special Conditional Use Permit to utilize an existing 6,000 square feet accessory building for consultancy inspection services within the Planned Unit Development (PUD) zone. A regular meeting will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Commission. Citizens wishing to address the Commission pro or con during the public hearing are required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC, CMC City Secretary A quorum of City Council members may be present and participate in discussions during this meeting, however, no action will be taken by Council. This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. EXHIB;~ ~ . the' o . . of Section ,10flheC of La orta . Code ., f.... Ordi-, nances, : notice ,hereby I given that the La Porte i Planning and Zoning I Commission w' conduct i a public heari at 6:00! P.M. on the 2 h day of August, 200 in the Council Chal)1 rs of City Hall, 604 W st Fairmont Parkway, Porte, Texas. The purpose of' this hearing '. . to consider! Special Co itional Use ' Permn #SCUOS-003 which has been re: quested for pr()perty. lo- cated at. 803.. McCabe Road, . fu er, described.' as 5.89 ac of land TRS a Porte 5G & 5H, bstract 3D, P. Harris Su y, La' Porte, f H . Harris unty, Texas.) . arns The appli ntseeks ap- ~roval of. Special Condi- Texas tional Use ermit'to utilize anexistin 6,000' square feet .' a ssory building' i fgr .' cons ancy . inspection] ~~~~:~ u~lthin Devel~~;me, the undersigned authority, on this date came and ment(PU zone. d Adam Yanelli, a duly authorized representative of The A regula meeting will 101-:. . ~:th;u ~~:c ~~arin~Cti~~ ie Sun, a se-ml-weekly newspaper published and generally ~~: t dPu~~c ~::;~c~ ad in the City of La Porte, Harris County, Texas and who after other . .,. tters.. pertaining i .. . totheCo ;nission. ..' '~Iy sworn, swears the attached notice was published In The Citizens 'wishing ,to. ad:.,le Sun dat /5/09 dress the CommiSSion ' pro or con during th.e pub- ' lie hearing are . required to ~ign in, before the meeting IS convened. 8th Street Texas 77571 281-471-1234 Fax 281-471-5763 TheB re Sun 'Serving the Bavshore Area Since 1947' Re: PUBLIC NOTICE CITY OF LA PORTE SCU09-003 Sworn and subscribed before me this 7th day of August ,2009. dutJnmt Deborah Sue Stout Notary Public Harris County, Texas My Commission Expires 03-13-2012 L'/ EXHIBIT 13 City of La Porte Established 1892 August 25, 2009 Honorable Mayor Barry Beasley and City Council City of La Porte Dear Mayor Beasley and Council: The La Porte Planning and Zoning Commission, during a regular meeting on August 20,2009, considered Special Conditional Use Permit #SCU 09-003. The applicant, Hans van Esch, seeks approval to allow consulting inspection services at 803 McCabe Road. The property is zoned Planned Unit Development (PUD). The Planning and Zoning Commission, by unanimous vote, recommended that City Council consider approval of Special Conditional Use Permit #SCU09-003 with the following conditions: 1. Retain 100' setback from the east, west and south property line adjacent to residential for buffering purposes with all other setbacks as required. 2. There shall be no change in the outside appearance of the building or premises and all performance has to be residential in nature. 3. No sign or display visible from the exterior of the dwelling shall be allowed. 4. There shall be no outside storage of any kind within the required setback areas and any other easements at site. 5. The facility shall operate as per noise regulations in Section 106-521 (g), Code of Ordinances. Any construction or equipment use in the rear yard setback shall not be allowed. 6. Hours of operation shall be between 7 am to 7 pm. 7. Number of employees shall be limited to one person other than members ofthe family residing in the premises. 8. No traffic shall be generated by such use in greater volumes than would normally be expected for residential use. 9. All outdoor lighting shall be hooded and arranged to deflect lights away from the nearby residential properties in compliance with Section 106-52 I (a) of the Code of Ordinances. 10. Assure that the accessory structure is not visible from the neighboring residential properties to the south. II. Ensure that tree line will be preserved for at least 100' from the side and 150' from the rear property line. 12. The roofed-over structures on the property do not accumulatively exceed the maximum forty percent (40%) lot coverage. 13. Any additional development at site shall be subject to filing a new application for Special Conditional Use Permit. 14. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. Respectfully Submitted, HalLawler C)~ ~ Chairman, Planning and Zoning Commission 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 EXH\Bll C THE STATE OF TEXAS ) COUNTY OF HARRIS ) CITY OF LA PORTE ) NOTICE OF PUBLIC HEARING In accordance with the provisIOns of Section 106-171 of the City of La Porte's Code of Ordinances, notice is hereby given that the La Porte City Council will conduct a public hearing at 6:00 P.M. on the 28th day of September, 2009, in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit #SCU09-003, which has been requested for property located at 803 McCabe Road, further described as 5.89 acres of land TRS 5G & 5H, Abstract 30, P. Harris Survey, La Porte, Harris County, Texas. The applicant seeks approval of a Special Conditional Use Permit to utilize an existing 6,000 square feet accessory building for consultancy inspection services within the Planned Unit Development (PUD) zone. A regular meeting will follow the public hearing for the purpose of acting upon the public hearing items and to conduct other matters pertaining to the Council. Citizens wishing to address the Council pro or con during the public hearing are required to sign in before the meeting is convened. CITY OF LA PORTE Martha Gillett, TRMC, CMC City Secretary This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line (281) 471-5030 for further information. EXHIBIT 0 THE STATE OF TEXAS) ,. \ l1COONTfor~1sj "'. 8th Street provi , . " d . SectIon i:es ~~~e C 06r::, Texas 77571 nances, notice' ' herebY given that, r the a Porte City ,Council ,conduct a public heari at ., , 6:00 P.M., on ' the h day of September, 2 , in the Council Cham rs of ,City Hall, 604 W 'st Fairmont Parkway, Porte, Texas. The purpose of this hearing "to consider Special Co' itional Use Permit #SCU09-D03, whiCh . has . been re- quested fo property lo- cated at McCabe Road, fu r described as 5.89 ac of land TRS sa & 5H, stract 30" P- Harris SUe y,' La Porte, a Porte Hams ,unty" Texas., The appf t seeks ap- . proval ,of,s,pecial COndi-, , D,f Harns tional Us Permit to utilize l :n exi~ti ~~oo b~il~f~\T exas lor cons tailcy inspection I services f within the I Planned ,Unit Develop- , ment(PU zone. me, the undersigned authority, on this date came and ~wre~~ ~u::ti~ari~ ~:d Adam YaneHi a duly authorized rep,.resentative of The the p se of acting , " ~~~~ . dP~c ~6~~~e Sun, a se-mi-weekly newspaper published and generatty other tters pertaining d' th C't f L P t H' . C t T d h ~ tothe ncil. " 9 In. el y 0 a, or e, arns Dun y, . exas an w D alter ~1,:~~';.~'J,IYsSWOrn, swears the attached notice was published in The hearinr are mquired to e. 9 / 9 / 0 9 sign r~ before .the meeting ~ is convened. 281-471-1234 Fax 281-471-5763 The B ' re Sun 'Serving the Bavshore Area Since 1947' Re: PUBLIC NOTICE CITY OF LA PORTE #SCD09-003 Ada Sworn and subscribed before me this 10th day of September ,2009. ~kJWd Deborah Sue Stout Notary Public Harris County, Texas My Commission Expires gllllll II lillllll ill II I "111111111111111111111 JIlII" E' ",~".v p"",,, DEBORAH SUE STOUT ~ :: * ~ * NOTARY PUBLIC = :: "'", ~, STATE OF TEXAS = - ~r ,+~ C E - = 'OF' omm. xp.03-13-2012 = 03-13- 20'1'~'1" !IlIIllllII Hll II n lil II 11111111111/ I di EXH\Bll E City of La Porte Special Conditional Use Permit # SCU 09-003 This permit is issued to: Hans Van Esch Owner or Agent 803 McCabe Road. La Porte. TX 77571 Address For Development of: TEServices (Consultancy Inspection Services) Development Name 803 McCabe Road. La Porte. TX 77571 Address Legal Description: TRS 5G & 5H. Abstract 30. W. P. Harris Survey La Porte. Harris County. Texas. Zoning: Planned Unit Development (PUD) Use: Consultancy Inspection Permit Conditions: 1. Retain 100' setback from the east, west and south property line adjacent to residential for buffering purposes with all other setbacks as required. 2. There shall be no change in the outside appearance of the building or premises and all performance has to be residential in nature. 3. No sign or display visible from the exterior of the dwelling shall be allowed. 4. There shall be no outside storage of any kind within the required setback areas and any other easements at site. 5. The facility shall operate as per noise regulations in Section 106-521 (g), Code of Ordinances. Any construction or equipment use in the rear yard setback shall not be allowed. 6. Hours of operation shall be between 7 am to 7 pm. 7. Number of employees shall be limited to one person other than members of the family residing in the premises. 8. No traffic shall be generated by such use in greater volumes than would normally be expected for residential use. 9. All outdoor lighting shall be hooded and arranged to deflect lights away from the nearby residential properties in compliance with Section 106-521 (a) of the Code of Ordinances. 10. Assure that the accessory structure is not visible from the neighboring residential properties to the south. 11. Ensure that tree line will be preserved for at least 100' from the side and 150' from the rear property line. 12. The roofed-over structures on the property do not accumulatively exceed the maximum forty percent (40%) lot coverage. EXHIBIT F 13. Any additional development at site shall be subject to filing a new application for Special Conditional Use Permit. 14. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas. 15. No more than 1/3 of the applicant's business, consisting of assessing/testing small turbine components, shall be performed on the subject property Failure to begin construction within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If construction is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. L-fr7flAi:iJ~ J</JA;ttj City Secretary EXHIBIT F )3 MCCabe R.d. 9 ~-- ------------ -- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Sentember 28. 2009 Bud!!:et Requested By: Tim Tietjens Source of Funds: N/A Department: Planning Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Amendment Budgeted Item: YES NO_ Exhibits SUMMARY & RECOMMENDATION Attached is a third amendment to the City's agreement with Harris County for the Northside Neighborhood Single-Family New Construction Project. This amendment increases the project budget by $41,000 to allow for additional financial assistance to eligible Down Payment Assistance homebuyers for the remaining four (4) single-family unsold homes located at 211 North Isl; 207 and 216 North 2nd; and 224 North 6th Streets. The stated amount represents an additional $10,000 for each of the four homes and increases the Harris County Public Infrastructure Department Inspection budget by $1,000. The project budget is being increased utilizing Harris County Tax Increment Reinvestment Zone (TIRZ) Program funds. This amendment does not increase the City's matching contribution requirement. Action Reauired bv Council: Consider authorizing the City Manager to execute a third amendment to the City's agreement with Harris Cou r the Northside Neighborhood Single-Family New Construction Project, to allow for additional fi cial assistance to eligible Down Payment Assistance homebuyers for the remaining four (4) single- amily u sold homes located at 211 North 1 SI; 207 and 216 North 2nd; and 224 North 6th Streets. ORDINANCE NO. 2009- 3/ ~ 7 AN ORDINANCE APPROVING AND AUTHORIZING A THIRD AMENDMENT TO.AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR THE NORTHSIDE NEIGHBORHOOD SINGLE-FAMILY NEW CONSTRUCTION PROJECT, TO ALLOW FOR ADDITIONAL FINANCIAL ASSISTANCE TO ELIGIBLE DOWN PAYMENT ASSISTANCE HOMEBUYERS FOR FOUR UNSOLD HOMES LOCATED AT 211 NORTH 1ST; 207 AND 216 NORTH 2ND; AND 224 NORTH 6TH STREETS; FOR SUCH PURPOSES, 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. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. ORDINANCE NO. 200~~f) PASSED AND APPROVED, thish tAday of &,;htvI~ ,2009. ATTEST: ~atllilA /rri-tff Mart A. Gillett City Secretary APPROVED: ~r~ ark T. Askins Assistant City Attorney PAGE 2 CITY OF LA PORTE By: � ' 1 . , r 1 . HARRIS COUNTY, TEXAS COMMUNITY SERVICES DEPARTMENT roes Office of Rousing & Community Development David B. Turkel 8410 Lantern point Drive Director Houston, Texas 77054 Daphne Lemelle Tel (713) 5712 -2000 Community Development Director Fax (713) 578-2269 October 5, 2009 County Judge Emmett and Commissioner Lee, Garcia, Radack and Eversole AGENDA LETTER Please consider the following items on the Commissioners Court Agenda for October 13, 2009: • Approval of $40,000.00 in Tax Increment Reinvestment Zone (TIRZ) Affordable Housing Set -Aside Funds to provide additional down payment assistance for eligible homebuyers participating in the City of La Porte's Northside Neighborhood Single - Farnily Housing Project. The subject project is located in the City of La Porte, Harris County, Texas, in Precinct Two. • • Approval of the attached Third Amendment to the Agreement, prepared by the County Attorney, between Harris County and The City of La Porte, for the use of TIRZ funds for the Project. • Authorization for the Auditor's Office to transfer the funds from the TIRZ Affordable Housing Increment Fund, and the Treasurer's Office to release payment to Harris County Community Services Department for disbursement in accordance with the Amendment. Thank you for your assistance with this request. Presented to Commissioner's Court Vote of the Gout � , No Abstain OCT 1 3 20 9 G Judge Emmett Sincerely, APPROVE Comm. Lee . Recor• = Vol Page Comm. Garcia Comm. Radack Comm. Eversole David B. Turkel, Di tor 53 171:13 E10 S VN dW D1iTMtlJcrw/dwisb 1131:W � a nz $ tr L = CADoeuhkads arid .Scttings *ollraULocat Scttings\Temporary Internet FifestiOLIMNorthtide 3rd Amendment Agenda Letter 9- 29-09(2).doc HARRIS COUNTY COMMUNITY SERVICES DEPARTMENT EXECUTIVE SUMMARY THIRD AMENDMENT TO AGREEMENT October 13, 2009 On August 22, 2006, Commissioners Court approved an agreement between Harris County and The City of La Porte utilizing $457,300.00 in HOME Investment Partnership (HOME) Program, funds for the Northside Neighborhood Single - Fancily New Construction Project. The project consists of five (5) single- family homes for low - and very low- income citizens located at 211 North 1 Street, 207 and 216 North 2 thi Street, and 210 and 224 North 6 Street in the City of La Porte, Harris County, Texas, in Precinct Two. On March 4, 2008, Commissioners Court approved the First Amendment to the Agreement to reduce the amount of required match provided by the City of La Porte by $12,500.00 which allowed the City to retain marketing and listing services. On July 14, 2009, Commissioners Court approved the Second Amendment to the Agreement to increase HOME funds in the amount of $11,820.00 for partial funding of closing costs incurred from the sale of the houses for a total of $469,120:00 in HOME funds. The City of La Porte increased their match by $7,880.00 to cover a portion of the closing costs expenses for a total match of $109,705.00. The Harris County Community Services Department (CSD) and The City of La Porte now desire to amend the August 22, 2006 agreement to provide $40,000.00 in Tax Increment Reinvestment Zone (TIRZ) funds for a total Budget of $510,120.00 to provide additional down payment assistance to eligible homebuyers. The use of TIRZ funds is in accordance with the teGuidelines for Expenditure of TIRZ - Generated Affordable Housing Funds" as amended and approved by Commissioners Court on September 14, 2004. CSD requests approval of the following: • Allocation of $40,000.00 grant in TIRZ Affordable Housing Set-Aside Funds to provide additional down payment assistance for eligible homebuyers participating in the City of La Porte's Northside Neighborhood Single- Family Housing Project. The subject project is located in the City of La Porte, Harris County, Texas, in Precinct Two. • Approval of the attached Third Amendment to the Agreement, prepared by the County Attorney, between Harris County and The City of La Porte, for the use of TIRZ funds for the Project. • Auditor's Office to transfer the funds from the TIRZ Affordable Housing Increment Fund, and the Treasurer's Office to release payment to Barris County Community Services Department for disbursement in accordance with the Amendment. • C:1Doeumenta and Sentegstsoltra\i.ocal SettingATempora y'Internet 1;ite OLK991Natheide 3rd Amendment Agenda Letter 4 29.09(2).doe • THIRD AMENDMENT TO AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR THE NORTHSIDE NEIGHBORHOOD SINGLE- FAIVHLY NEW CONSTRUCTION PROJECT RECITALS WHEREAS, HARRIS COUNTY, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as °Grantee,' and the City of La Porte, a Texas body politic and corporate under the laws of the State of Texas, herein called the " Subrecipienf , entered into an Agreement on August 22, 2006 to administer a HOME Investment Partnerships (HOME) Program project in a manner satisfactory to the County and consistent with any standards required as a condition of providing these funds. Such project includes the construction of five (5) single-family houses for very low and low- income families, which is known as the Northside Neighborhood Single - Family New Construction Project (hereinafter, the 'Project,. WHEREAS, on March 4, 20008 the Grantee and the Subreciplent amended said Agreement to revise the budget by reducing the Subrecipient's required matching contribution by an amount of $12,500.00, and WHEREAS, on July 14, 2009 the Grantee and the Subrecipient amended said Agreement to revise the budget by specifying additional marketing procedures to be implemented and increase HOME funds in the amount of $11,820.00 to cover a portion of closing cost expenses incurred from the sales of the houses, and WHEREAS, the Grantee and the Subrecipient now desire to amend said Agreement to provide Tax Increment Reinvestment Zone (TIRZ) Program funds In the amount of $40,000.00 to provide down payment assistance to eligible homebuyers. NOW, THEREFORE, the Grantee and the Subrecipient do mutually agree as follows: Exhibit A, Scope of Services, found at pages 23-25 of the Agreement, is replaced entirely. The amended Scope of Services is attached hereto and shall be known as 'Exhibit A to the Third Amendment of the Agreement' li. Exhibit B, 'Budget," found at page 26 of the Agreement, is replaced entirely. The amended budget is attached, hereto and shall be known as "Exhibit B to the Third Amendment of Agreement." III. In the event of any conflict between this Third Amendment to Agreement and the original Agreement, the . terms of this Third Amendment shall govem. Ali other conditions between the parties shall remain in full force and effect. • Exhibit A APPLICATION This Scope of Services is based on the proposal prepared and submitted by the Subrecipient through the Harris County Community Services Department's (HCCSD) annual Request for Proposal (RFP) process. However, in the event of any conflict between the proposal and any provision contained herein, this Agreement shall control. In addition to the activities listed below, the Subrecipient agrees to operate this Project in accordance with HOME requirements and all other applicable Federal, state and local regulations. 11 PROJECT DESCRpTiON The Subrecipient shall be responsible for implementing the Northside Neighborhood Single•Family New Construction project during the term of this Agreement. The scope of the project Is to construct five (5) single- family homes in the City of La Porte, Harris County, Texas. The Subrecipient shall administer all activities in the provision of the aforementioned activities in accordance with all applicable Federal, state, and local rules and regulations governing these funds, and in a manner satisfactory to the Grantee. • ill. ACTIVITIES The Subrecipient shall be responsible for the delivery of the activities to be performed under this Agreement including, but not be limited to, the budget line Item categories listed in the budget detail of Exhibit B and as detailed further below: A. Site Control Prior to commencement of construction, the Subrecipient shall provide copies of all closing documents, including the recorded Deed of Trust, in the name of the Subrecipient, to evidence the ' purchase and transfer of ownership to the Subrecipient for approximately five (5) vacant lots of land located in the City of La Porte, Harris County, Texas. Such land will be purchased at the Subrecipient's sole expense prior to construction of the Project. B. Construction The Subrecipient shall construct five (5) affordable single- family homes at 211 North 1st, 207 and 216 North 2 and 210 and 224 North 6th Streets located in the City of La Porte, Harris County, Texas. C. Down Payment Assistance The Grantee will provide up to $10,000.00 in additional financial assistance to eligible Down Payment Assistance Program (DAP) homebuyers for the remaining four (4) single- family unsold homes in the Northside Neighborhood Single- Family New Construction Project to be used for down payment and closing cost assistance: 211 North 1st; 207 and 216 North 2 224 North 6 Streets. Applications for down payment assistance will be processed by the Grantee following a preliminary determination of eligibility of the applicant based upon the Letter of intent to Process Loan, Good Faith Estimate and 1003 Uniform Residential Loan Application submitted by the mortgage lender, pursuant to the regulations governing the HOME Program. D. Marketing Program The Subrecipient shall develop and adhere to a marketing plan to ensure the completion of the process of finding buyers, building and selling of the homes during the Time of Performance period. Marketing plan activities shall include but not be limited to contracting with a real estate broker licensed in the State of Texas whose responsibilities will include conducting an open house and listing the properties on the Multiple Listings Service as well as local publications. The Subrecipient shall price each home in accordance with the maximum mortgage limits specified in the FHA Loan 203(b) Program for the Houston/Harris County Metropolitan Service Area. The Subrecipient shall refer all questions, inquiries, or requests for down payment assistance to HCCSD staff. E. Matching Funds Requirement HOME Program funds used for Subrecipient construction activities are required to be matched according to 24 C.F.R. § 92.218. Eligible forms of matching contributions must be met in accordance with 24 C.F.R. § 92.220. The Subreciptent`s required matching contribution for this Project shall equal no less than $109.705.00. F. Service Delivery Plan The Subrecipient shall follow the detailed work plan summary below and Project timeline to ensure completion of the Project within the Time of Performance period. Month Aetiv /Action August 2006 The Subrecipient and Grantee sign contract. The Request for Qualifications (RFQ) process for qualified builders is posted. Pre - program Contract survey with residents and community leaders begins. Begins-- February Five (5) building sites/lots are purchased by the Subrecipient. RFQ 2007 reviewed by the RFQ Committee and recommendation forwarded to Subrecipient. Pre- program evaluation/survey with area residents and community leaders is conducted. RFQ's are reviewed by community leaders. The Subrecipient signs contract with consultant to assist with marketing and application process with HCCSD March The Subrecipient submits building plans for review and approval by HCCEDD. Marketing efforts begin. April After approval from HCCSD, the Subrecipient signs contract with winning builder. "Interest" meeting event held. Partnering lending institutions are identified. Possible applicants are directed to HCCEDD Lending Services to be: in formal process. May Application process through HCCSD Lending Services is ongoing. Program marketing continues. The Subrecipient is advised of potential homebuyers' applications. Partnering lending institutions begin processing potential homebuyer applications. July Processing of homebuyer applications continue. Lots are cleared, grubbed and graded to standard. Program marketing continues. August Qualified homebuyers are identified and approved for mortgage and down - payment program. Construction begins on five (5)homes. September Program applicants are certified by HCCSD according to HUD's HOME guidelines. Construction continues while accounting for possible weather delays. October Construction of the homes and certification of applicants continue. Replacement applicants are sought if required. January 2008 Construction of the remaining three (3) homes and certification of applicants continue. Replacement applicants are sought if required. __ March Construction of the first two (2) homes is completed. Certification of homebuyer applicants continues. Replacement applicants are sought if required. May Program marketing and certification of homebuyer applicants continues. Replacement applicants are sought if required. June Program marketing and certification of homebuyer applicants continues. Replacement applicants are sought if required. July Closing occurs on one (1) home and the "Key Exchange" ceremony is scheduled and advertised with the community leaders. August Construction of the remaining three (3) homes and certification of applicants continue. Replacement applicants are sought if required. • September Construction of the remaining three (3) homes ends and program and October evaluation begins. November Final reports are submitted to HCCSD. Certification of applicants continue. R ' iaeement a i licants are sou: t if - aired. Time/Date variances to the schedule may be approved by the Director of HCCSD or his designee If reasonable justification is provided for the delay. G. Notices All notices and communications concerning this Agreement shall be directed to the Grantee and Subrecipient as follows: • • • Grantee Subrccipien( David B. Turkel, Director Tim Tletjens Harris County Services Department City of La Porte Planning Department 8410 Lantern Point Drive 604 W. Fairmont Parkway Houston, TX 77054 La Porte, Texas 77571.6215 s II. • EXHIBIT B, -BUDGET The City of La Porte Northside Housing Affordable Single - Family New Construction Project Maximum Amount to be Paid Under this Agreement It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed FIVE HUNDRED TEN THOUSAND ONE HUNDRED TWENTY DOLLARS and 00/100 ($510,120:00). r Project Budget 8i dgetStiW ilia . -. Description HCCSD Match Other Total Personnel $0 $0 $0 $0 Non Personnel $0 $0 $0 $0 Subtotal $0 $0 $0 $0 Down Payment Assistance $40,000.00 $0.00 $0.00 $40,000.00 Acquisition $0.00 $0.00 $0.00 $0.00 Rehabilitation $0.04 $0.00 $0.00 $0.00 New Construction $452,300.00 $100,515.00 $0.00 $55Z875.00 HCPID Inspection $6,000.00 $1,250.00 $0.00 $7,250.00 Subtotal $498,300.00 $101,825.00 $0 $600,125.00 Subro 1pientResa vefunds- • DeveloperFee(10 %) $0.00 $0.00 $0.00 $0.00 Development Financing Savings $0.00 $0.00 $0.00 $0.00 Construction Financing Savings $0.00 $0.00 . $0.00 $0.00 Closig Casts $11,820.00 $7,880.00 $0.00 $19,700.00 Subtotal w $11,820.00 $7,880.00 $0.00 $19)00.00 • . Proj t0. 't F . $510,120.00 ;109,705.00_ x.00 $619,825.00 try IN WITNESS WHEREOF, the Parties have executed this Amended Agreement as of the day of 1 1 3 , 2009. Hants County Ch ofr By. 1 Name: i I Title: WPM..� r� ' 1 (�Y Attest: n', 1e DAVID TURKEL Name: m.-4iii Director Title: wi� p .r_ ' ' r. Harris County Community Services Department APPROVED AS TO FORM: VINCE RYAN Co I 1 Attorney By: • D • RAY A istant County Attorney AUDITOR'S CERTIFICATION hereby certify that funds are available in the amount of 010.120.00 of which $469,120.00 was previously certified for this Project to pay the obligation of Harris County under this Agreement. Barbara J. Schott County Auditor THE STATE OF TEXAS § § COUNTY OF HARRIS § The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on the day of _ OCT 13 2009 , 2009, with the following members present, to -wit: Ed Emmett County Judge El Franco Lee Commissioner, Precinct No. 1 Sylvia R. Garcia Commissioner, Precinct No. 2 Steve Radack Commissioner, Precinct No. 3 Jerry Eversole Commissioner, Precinct No_ 4 and the following members absent, to -wit: , constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING EXECUTION OF THE THIRD AMENDMENT TO THE AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR THE NORTIISIDE NEIGHBORHOOD SINGLE - FAMILY NEW CONSTRUCTION PROJECT Commissioner _ � introduced an order and made a motion that the same be adopted. Commissio er , ' seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: Yes No Abstain Judge Emmett LID ❑ Comm. Lee ❑ Comm. Garcia ❑ ❑ Comm. Radack ❑ ❑ Comm. Eversole ❑ ❑ The County Judge thereupon announced that the motion had duly and lawfully carved and that the order had been duly and lawfully adopted. The order thus adopted follows: RECITALS: WHEREAS, HARRIS COUNTY a body corporate and politic under the laws of the State of Texas, hereinafter referred to as "Grantee," and the City of La Porte, a Texas body politic and corporate under the laws of the State of Texas, herein called the "Subrecipient ", entered into an • Agreement on August 22, 2006 to administer a HOME Investment Partnerships (HOME) Program project in a manner satisfactory to the County and consistent with any standards required as a condition of providing these funds. Such project includes the construction of five Presented to Commissioner's Court OCT 13 2009 APPROVE • Recorded Vol Page - i (5) single - family houses for very low and low- income families, which is known as the Northside Neighborhood Single - Family New Construction Project (hereinafter, the "Project "). WHEREAS, on March 4, 2008 the Grantee and the Subrecipient amended said Agreement to revise the budget by reducing the Subrecipient's required snatching contribution by an amount of $12,500.00, and WHEREAS, on July 14, 2009 the Grantee and the Subrecipient amended said Agreement to revise the budget by specifying additional marketing procedures to be implemented and increase HOME in the amount of $11,820.00 to cover a portion of closing cost expenses incurred from the sales of the houses, and WHEREAS, the Grantee and the Subrecipient now desire to amend said Agreement to provide Tax Increment Reinvestment Zone (TIRZ) Program funds in the amount of $40,000.00 to provide down payment assistance to eligible homebuyers. NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS THAT: Section 1: The recitals set forth in this order are true and correct. Section 2: The Director of Harris County Community Services Department is authorized to execute an amendment to the Agreement on behalf of Harris County between Harris County and the City of La Porte to construct five (5) single - family homes located at 211 North 1 Street, 207 and 216 North 2 " Street, and 210 and 224 North 6 Street in the City of La Porte, Harris County, Texas, in Precinct 2. The Third Amendment is attached hereto and made to part hereof for all purposes. Section 3: The Community Services Department and its director or his designee are authorized to take such actions and execute such other documents as they deem necessary or convenient to carry out the purposes of this order. • 10 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 28. 2009 Budl!et Requested By: D. Wilmore Source of Funds: Department: Pl9nnin~ Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Highlight Memo on Inspection Division Activities Amount Requested: Exhibits: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Attached is a staff report highlighting Inspection Division activities. Action Reauired bv Council: !LIt 'J /.", Date Memo Date: Re: Mayor and City Council Debbie S. Wilmore, Chief Building Official Ron Bottoms, City Manager; John Joerns, Assistant City Manager; and Tim Tietjens, Director of Planning 9/16/2009 To: From: CC: Highlight Memo on Inspection Division Activities The following is our monthly report on some of the highlights of the Inspection Services Division. Staff assisted the owner of385 Myrtle Creek with a sign replacement. . The business sign was damaged by Ike. Due to the age ofthe building a site plan was not on file at the city and the owner did not have a survey to assist in the discussion. . While typically locating property corners would suffice in ensuring proper placement, longtime staff recalled a water line easement across the front of the property. Staff was able to locate (2) adjoining development site plans that confirmed the easement. . Utilizing that knowledge, staff was able to assist the owner in proper placement of the new sign without an "accidental" encroachment into the city easement. Also, we assisted an owner on replacement oftheir home at 10626 N. Avenue P Street. . The owner lives on the property but wanted to replace their existing home with a state certifIed modular home. The owner communicated with staff early and often and we were able to place the home in a manner that allowed the individual to remain in their current dwelling until they could move into the new dwelling. . To avoid a zoning violation and allow the owner an easy move, staff utilized a letter of agreement were the owner agreed to demolition their old home within (30) days of occupancy of the new home. The project is underway and has gone smoothly.