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HomeMy WebLinkAbout2009-09-28 Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council minutes MINUTES OF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEEETING OF THE LA PORTE CITY COUNCIL SEPTEMBER 28, 2009 1. Call to order The meeting was called to order by Mayor Beasley at 6:00 p.m. Members of City Council Present: Mayor Barry Beasley, Councilmember Louis Rigby, Tommy Moser, John Black, Daryl Leonard, Mike Clausen, Chuck Engelken and Mike Mosteit Mike Clausen arrived at 6:30 p.m. Members of Council absent: Georgia Malone Members of City Executive Staff and City Emplovees Present: City Manager's Office: Ron Bottoms and John Joerns Legal: Clark Askins City Secretary's Office: Martha Gillett Public Works: Steve Gillett, Ray Mayo, Curtis Herrod and Javier Carmona Planning: Tim Tietjens and Debbie Wilmore Police Department: Ken Adcox Finance: Phyllis Rinehart Parks and Recreation: Stephen Barr EMS: Ray Nolen Purchasing: Susan Cream Others Present: Orville Burgess, Adam Yanelli of Bayshore Sun, Don Hill, Ted Powell, Velma Mayo, Kathryn Aguilar, Phillip Hoot and other citizens. 2. Invocation was given by Don Hill of InterChurch Council. 3. Mayor Beasley led the Pledge of Allegiance. 4. Presentations/Proclamations Mayor Beasley congratulated retiree Javier Carmona for his many years of dedication and service in the Public Works Department of the City of La Porte. 5. Consent agenda - Any item may be removed by a Councilperson for discussion A. Council to consider approval or other action regarding an ordinance authorizing the City Manager to execute a contract with Dr. Oscar Boultinghouse, M.D., to serve as Medical Director of the Department of Emergency Medical Services of the City of La Porte for one year term - (Ord. 3183) - R. Nolen Page 2 B. Council to consider approval or other action regarding purchase of a 2009 Freightliner Trash Truck from Houston Freightliner/Sterling, through the Houston - Galveston Area Council (H-GAC) Cooperative Purchasing Program - S. Gillett C. Council to consider approval or other action awarding bid for demolition of dangerous buildings - D. Wilmore D. Council to consider approval or other action awarding bid for grounds maintenance services at various sites throughout the City of La Porte - S. Barr E. Council to consider approval or other action regarding a resolution authorizing the City Manager to sign a grant and other documents for "Click it or Ticket Teen Enforcement Project Grant" for Fiscal Year 2010 - (Res. 2009-09) - K. Adcox F. Council to consider approval or other action regarding an ordinance amending the City of La Porte 2008-2009 Fiscal Year Budget - (Ord. 3184) - M. Dolby G. Council to consider approval or other action regarding an ordinance authorizing the City Manager to execute an Interlocal Agreement between the City of La Porte and the City of Pasadena, for a Bike-Pedestrian Trail easement on Pasadena owned property - (Ord. 3185) - S. Barr Councilmember Rigby pulled item G to be discussed and voted on separately. Motion was made by Councilmember Engelken to approve the consent agenda with the exception of item G, as presented. A second was made by Councilmember Rigby. Motion carried. Ayes: Leonard, Engelken, Mosteit, Rigby, Moser, Black and Beasley Nays: None Abstain: None Absent: Clausen and Malone Item G. pulled from consent - Council considered approval or other action regarding an ordinance authorizing the City Manager to execute an Interlocal Agreement between the City of La Porte and the City of Pasadena, for a Bike-Pedestrian Trail easement on Pasadena owned property - (Ord. 3185) - S. Barr Assistant City Attorney Clark Askins read: 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 EFFECTIVE DATE HEREOF. Page 3 Motion was made by Councilmember Mosteit to approve item G as presented. A second by Councilmember Engelken. Ayes: Mosteit, Engelken, Black and Mayor Beasley Nays: Rigby, Moser and Leonard Absent: Clausen and Malone Abstain: None 6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council on any item posted on the agenda (Limited to five minutes) There were no citizens wishing to address Council. 7. Public Hearing - Council to discuss recommendation of Planning and Zoning Commission for passage of an ordinance amending Chapter 106 "Zoning" of the Code of Ordinances of the City of La Porte by granting a Special Conditional Use Permit #SCU09-003 for the purpose of operating consultancy inspection services at 803 McCabe Road in a Planned Unit Development (PUD) Zone - (Ord. 3186) - T. Tietjens Mayor Beasley opened the Public Hearing at 6:10 p.m. Planning Director Tim Tietjens presented summary and recommendation and answered Councils' questions. Public input: There was no public input. Recommendation of Planning and Zoning Commission - the Planning and Zoning Commission approved this recommendation by unanimous vote. Mayor Beasley closed the Public Hearing at 6:16 p.m. 8. Council to consider approval or other action regarding recommendation of Planning and Zoning Commission for passage of an ordinance amending Chapter 106 "Zoning" of the Code of Ordinances of the City of La Porte by granting a Special Conditional Use Permit #SCU09-003 for the purpose of operating consultancy inspection services at 803 McCabe Road in a Planned Unit Development (PUD) Zone - (Ord. 3186) - T. Tietjens Assistant City Attorney Clark Askins read Ordinance 3186, 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 LAPORTE, 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 Page 4 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. Motion was made by Councilmember Black to approve Ordinance 3186 as presented by Mr. Tietjens. A second was made by Councilmember Rigby. Motion carried. Motion was amended by Councilmember Black to add #15 to 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 necessary 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. 15. 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. '. A second by Council member Rigby. Motion carried. Ayes: Leonard, Engelken, Mosteit, Rigby, Moser, Black and Beasley Nays: None Abstain: None Absent: Clausen and Malone Page 5 9. Council to consider approval or other action authorizing the City Manager to execute a third amendment to the City's agreement with Harris County for the Northside Neighborhood Single-Family New Construction Project, 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 1 st, 207 and 216 North 2nd and 224 North 6th Streets - (Ord. 3187) - T. Tietjens Planning Director Tim Tietjens presented summary and recommendation and answered Councils' questions. Assistant City Attorney Clark Askins read Ordinance 3187, 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. Motion was made by Councilmember Moser to approve Ordinance 3187 as presented by Mr. Tietjens. A second was made by Councilmember Leonard. Motion carried. Ayes: Leonard, Engelken, Mosteit, Rigby, Moser, Black and Beasley Nays: None Abstain: None Absent: Clausen and Malone 10. Receive Monthly Inspection Report from City Staff - D. Wilmore Chief Building Official Debbie Wilmore presented the monthly Inspection Report. 11. Close Regular Meeting and open Workshop Meeting Discuss Prequalification Requirements - J. Joerns/S. Gillett Assistant City Manager John Joerns and Public Works Director Steve Gillett provided City Council with an overview of prequalification requirements. Council directed staff to move forward with prequalification requirements that were discussed. 12. Close Workshop Meeting and reconvene Regular Meeting Mayor Beasley closed Workshop Meeting and reconvened Regular Meeting at 6:41 p.m. Page 6 13. City Manager Ron Bottoms provided Administrative Reports for the following: October 1, 2009 - November 19, 2009 (Thursdays) Community Emergency Response Team (CERT) Training - La Porte Police Department - 6:30 p.m. - 9:30 p.m. October 5, 2009 - La Porte Development Corporation Board Meeting - 6:00 p.m. October 6, 2009 - Fall Back Festival (VIP Party Main 101) - 6:30 p.m. October 8, 2009 - Main Street Advisory Board Meeting - Council Chambers - 6:00 p.m. October 10, 2009 - 2009 Fall Back Festival - Main Street 2:00 p.m. - 11 :00 p.m. October 10-11 , 2009 - Bike around the Bay October 12, 2009 - City Council Meeting - 6:00 P.M. October 15, 2009 - Harris County Mayor & Council Dinner - (location TBA) - 6:30 p.m. October 19, 2009 - Greater Houston Builders Association 2009 Political Luncheon - Hyatt Regency Hotel (Downtown Houston) - 11 :30 a.m. October 19, 2009 - 5th Annual Economic Alliance Houston Port Region Coffee Symposium - Hilton Americas - Houston - 8:00 a. m. - 4:00 p.m. October 19, 2009 - 24th Annual Economic Alliance Houston Port Region Membership Awards Banquet - Hilton Americas - Houston - 6:00 p.m. - 9:00 p.m. October 20 - 23,2009 - Texas Municipal League Conference - Fort Worth, TX October 26, 2009 - City Council Meeting - 6:00 P.M. 14. Council Comments: Leonard, Engelken, Mosteit, Clausen, Rigby, Moser, Black and Beasley. A. Matters appearing on agenda B. Recognition of community members, city employees, and upcoming events C. Inquiry of staff regarding specific factual information or existing policy 15. Executive Session - pursuant to provision of the Open Meeting Law, Chapter 551, Texas Government Code, Sections 551.071 through 551.076, 551.087 (consultation with attorney, deliberation regarding real property, deliberation regarding prospective gift or donation personnel matters, deliberation regarding security devices, or excluding a Page 7 witness during examination of another witness in an investigation , deliberation regarding economic development negotiations) 16. Considerations and possible action on items considered in Executive Session. There was no Executive Session. 17. Adjournment Being no further business, the meeting was duly adjourned at 6:55 p.m. Respectfully submitted, vtr!tU/lJd ~.P/ Martha Gillett, TRMC, CMC City Secretary 8 ------.----- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 12. 2009 Aoorooriation Requested By: Donald T.add Source of Funds: N/A Department: Fire Account Number: Amount Budgeted: Report: Resolution: Ordinance: x Amount Requested: Copy ofPOH/BCT Contract Exhibits: Budgeted Item: YES NO Exhibits: Ordinance Exhibits: SUMMARY & RECOMMENDATION The City has negotiated a new contract with the Port of Houston Authority for Secondary Fire Protection at the Barbour's Cut Terminal for a period of twelve months, in the amount of$I,260.0l monthly. Attached is an ordinance authorizing the City Manager to execute a contract effective October 1, 2009 with the Port of Houston Authority for Secondary Fire Protection at the Barbour's Cut Terminal. The current contract expires on September 30, 2009. The submitted 2009-10 contract is based on a POH/BCT population of 1,250 Total annually $15,120.14 Recommend that council approve the City Manager to execute the new original contract submittal by POH. Action Reauired bv Council: Approve an Ordinance authorizing the City Manager to execute a contract with the Port of on Authority for the City of La Porte Fire Department. If> ht <J Date 'ljO? ORDINANCE NO. 2009-J 0\~ AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS, FOR SUPPLEMENTAL FIRE PROTECTION, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council 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/~\( 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 12th day of October, 2009 ATTEST: ~11.~ ~ha A. Gi lett, City Secretary APPR~ k ~r~A~/j Cl k T. Askins, City Attorney By: 2 PM lile AJi). 2~()Cj- 036q CONTRACT STATE OF TEXAS ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS: This Contract made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE" and the PORT OF HOUSTON AUTHORITY, a body politic of Harris County, Texas hereinafter referred to as "PORT". WITNESSETH: WHEREAS, PORT is in need of certain governmental services for the benefit of the people and property at its Barbour's Cut Terminal; and WHEREAS, LA PORTE is able and willing to provide said governmental services to PORT, upon the terms, conditions, and covenants herein contained; NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to both parties, it is hereby agreed as follows; I. For and during the year beginning on the 1 st day of November 2009, and ending on the 31st day of October 2010, LA PORTE agrees to furnish to PORT, the secondary fire suppression services hereinafter more specifically described. This Contract shall remain in effect after October 31, 2010 until canceled by either party hereto giving ninety (90) days written notice to the other party hereto. II. For and in consideration of the governmental services to be provided by LA PORTE, PORT agrees to pay LA PORTE eleven montWy payments in the sum of ONE THOUSAND TWO HUNDRED SIXTY AND 011100 DOLLARS ($1260.01) and one final payment of ONE THOUSAND TWO HUNDRED SIXTY AND 03/100 DOLLARS ($1260.03). Such charges are to be paid in full by PORT to LA PORTE, on or before the tenth day of the month following the month in which such services are rendered. The total amount of the contract is not to exceed the amount of FIFTEEN THOUSAND ONE HUNDRED TWENTY AND 14/100 DOLLARS ($15,120.14). ANNUAL COST OF CONTRACT ADJUSTMENT- The cost of the contract shall be based on an Average Daily Population ("ADP") of personnel working at Barbours Cut Terminal. The cost of contract adjustment shall be calculated by multiplying the negotiated per person fee by the negotiated ADP for the contract year, and shall be subject to review and adjustment annually, commencing November 1, 2010. ID. LA PORTE will not be liable for loss or damage to person or property arising from or caused by or resulting from alleged negligence of LA PORTE, its officers, employees, or volunteers, in carrying out this contract. PORT agrees to release and hold harmless, from any such claim for loss or damage by itself, or by any person, firm, corporation, or association, in connection with this contract. PORT further agrees to reimburse LA PORTE the fair market value of any of LA PORTE'S equipment damaged or destroyed while engaged in fire suppression services on behalf of PORT hereunder. IV. PORT shall provide primary fire suppression service, which routinely includes nuisance type tire calls, and Life Flight landings. LA PORTE agrees to provide secondary fire suppression services for structural fires, rescue calls beyond the capacity of the PORT, and catastrophic events within PORT'S Barbour's Cut Terminal, (but not including on board vessel fires), for the term of this Contract, upon the terms and conditions herein contained, when in the judgment of PORT employees, such service is necessary to deal with a specific emergency. v. Sole discretion will rest with the LA PORTE Fire Chief, or his duly authorized assistants, as to the personnel and equipment that will answer each call for assistance from the PORT, provided that protection will be adequate (meaning reasonable protection, considering available personnel and equipment of LA PORTE'S Fire Department). VI. PORT agrees to authorize LA PORTE duly authorized officers the right to inspect or tour property within PORT'S Barbour's Cut Terminal, with a member of the PORT'S management or marine operations present. AdditionaHy, during calls for assistance, LA PORTE will determine safe operation areas on Port property that include, but are not limited to, closure of roadways, trucks, cranes, tractors, etc. for the protection of LA PORTE'S personnel and equipment. VII. This Contract shall become effective at 12 am Central Time, on the 1 st day of November 2009, and shall remain in full force and effect until the 31st day of October 2010, unless otherwise cancelled as provided in Paragraph I above. This Contract is entered into subject to the Charter and Ordinances of the City of LA PORTE and all applicable State and Federal Laws. EXECUTED IN DUPLICATE ORIGINALS, as of this the c2..kt day of Dr)1) h t., l' ,2009 ATTEST: ~Id~d.d# ity Secretary PORT OF HOUSTON AUTHORITY ~60.~ Executive Director APPROVED AS TO FORM: APPROVED: d,~j ~~ Counsel - FUNDS ARE AVAILABLE TO MEET THIS OBLIGATION WHEN DUE: PURCHASE ORDER PtTRCH[l,,:::E (!j~:.DF,l~;. i<fTJriiffiEE ,- " .~. ,~i ,:~"" -,... .i... t".' '-_ . ",!".i PORT OF HOUSTON AUTHORITY P.O. BOX 2562 HOUSTON, TEXAS 77252 PHONE (713) 670-2460 Tel 6~)2~!i) :-3HIP TO 7212(J REceIVED NOV 2 4 2009 CITY seCfunARY'S OFFice CI'T'{ OF LA PORTE BARBUTJF~3 C1JT TEF-J\TIl.JAL (BeT) IlTTN: ING DT1JISIClN 19l9 E?~5T BAF{BcnJH~~ CUT BLVD. 604 ~IEST FAl.Ri'10NT P,1IJ;J1..JAY LA PORTE TX 77571 LA P(lRTE TX 77573. rCIN YVETTE HAlvTIVI BUYER GAY IJALLi\CE 281 ':t71--:,~02U ----------------------------.-----.--------------- IT I:]VJ CGT\NTITY UNIT DESCRIPTION UNIT PRICE TOTAL 1. nn -; -1 '''1'-' EA FIRE I ur-,I ~~'\l c ; 1 . :'"1 n 1 fIn -. '-,' ......-..- J.3. gr:iO .11. BeT FIRE SUPPRESSION PHA FILE NO. 2009-0309 THIS CONTRACT 1:3 FOR ONE (1) YEAR AND SHALL BE IN EFFECT (IN THE 1ST DAY OF NOVEr-mER 2009 AND ENDING (IN THE 31ST DAY OF OCTOBER 2010. CITY OF LAPORTE AGREES TO F'UENISH TO THE PURT. SECONDi1Xi FIRE SUPPRESSION SERVICES itJITHIN BARBOUR.' S CUT TEPJi'JINAL AND THE PORT AGREES TO FAY LAPORTE ELEVEN (ll) r~i)NTHLY PI.;.'{!'JIENTS OF $1,260.(/1 AND ONE (1) FINAL PAYMENT OF $1,260.03 TO BE PAID IN FULL BY PORT TO LAPORTE ON OE BEFORE 10TH DAY OF THE MONTH FOLLCMING THE MONTH ltJHICH SUCH SERVICES ARE RENDERED UNTIL CANCE;ED BY EITHER. THE TOTAL AJ"10UNT OF THE C\).0J1RACT IS NOT TO EXCEED THE MOUNT OF FIFTEEN THOUSA.ND CiNE HUNDRED TWENTY AND 14/100 DOLLARS ($15,120.14:. 2.000 1.00 EA FIRE SUPPRESSION SVC BeT FIRE SUPPRESSION 1,260.0300 1,260.03 PORT CO~~IISSION AUTHORIZED THIS CONTRACT. PHA FILE NO. 2009- 0309 THIS CONTRACT IS FOR ONE (1) YEAR AND SHALL BE IN EFFECT ON THE 1ST DAY OF NOVEMBER 2009 AND ENDING ON THE 3::3T DAY OF CCTCBER 2010. CrTY OF LAPORTE AGREES TO FTJENISH TO THE PORT, SECONDl~RY FIRE SUPPRESSION SERVICE~; IrJITHIN BARBOUR'S CUT TEF:.,lVlINAL AND THE PORT AGREES TO PI-\Y LAPORTE ELEVEN (11) MONTHLY PAYJVIENTS OF $1. 21:,0.01 AND ONE (1) FINAL PAYMENT OF $1,260.03 TO BE PAID IN FULL BY PORT TO LAPORTE ON OR BEFORE 10TH DAY OF THE MONTH FOLLOWING THE MONTH WHICH SUCH :3ER V I CES APE RENDE.RED UNT I L CANCE; ED BY E I THEE. THE TOTAL AMOUNT OF THE CONTRACT IS NOT TO EXCEED THE I>10UNT OF FIFTEEN THOUSAND ONE HUNDRED TWENTY AND 14/100 DOLLARS ($15,120.14). - - - - - - - - - - - - - - -- - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - -. - - - - _ _ _ _ _ _ n _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PLEASE REMIT ALL INVOICES TO THE ACCOUNTS PAYABLES DEPARTMENT CONDITIONS ON BACK ARE A PART OF THIS AGREEMENT ORIGINAL OS ARE AVAILABLE TO MEET THIS OBLIGATION WHEN DUE .~~ ~M'",",.;~"' _ ..'''''''_'''_''_'''-''-'''''_''_''_~ ~_.. .,,_.~~,.".._~. ._--~-..__.._-"..;.,,,--,,..,"--,..,"-_.,,--....--,....---_...~_.--'-.-. PURCHASE ORDER lyrJF:,CHA;~~E UT<-'~,;ER NTJMBEF~ Qyder --late 10/27/200:) PORT OF HOUSTON AUTHORITY P.O. BOX 2562 HOUSTON, TEXAS 77252 PHONE (713) 670-2460 'l',-, 652~)(: :3HIP TO 72Ee r::ITY OF LA PURTE Bfl.REOURS CUT TEPJ4INAL (BeT) T~, TIT,} B ;JYER -------------------------------------------------------------------------------------------------- f'1'PM CtrAt-~TTT1{ TJ[~IT DESCRIPTI{)i~1 U}JIT P.RI CE T()l;AL -----------------------------------.-----------------.---------------------------.------------------ Order Tf)tal 15,120.14 END OF ORDER PLEASE REMIT ALL INVOICES TO THE ACCOUNTS PAYABLES DEPARTMENT CONOITIONS ON BACK ARE A PART OF THIS AGREEMENT ORIGINAL S ARE AVAILABLE TO MEET THIS OBLIGATION WHEN OUE ~ BY J ~ c :r-+e {VI fM lit' J 13 y6/fr~ REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Appropriation Requested By: Source of Funds: N/A Department: EMS Account Number: Amount Budgeted: Report: Resolution: Ordinance: x Amount Requested: Exhibits: Ordinance Budgeted Item: YES NO Exhibits: COpy of Contract Exhibits: Exhibit A - Map SUMMARY & RECOMMENDATION Contract renewal request with the Association of Bayport Companies, Inc., for Emergency Medical Service in the Bayport Industrial Area. This contract will be for a period of one year at a rate of $21.00 per employee. This is an increase of .81 cents per employee over the previous year's negotiated rate. Attached is an ordinance authorizing the City Manager to execute a contract effective October 1, 2009 with the Association of Bayport Companies, Inc. for Emergency Medical Service in the Bayport Industrial Area. The current contract will expire on September 30, 2009. 2007-08 Revenues - Actual $102,898.40 2008-09 Revenues - Actual $98,587.77 2009-10 Revenues - Projected $100,000.00 Recommend that council approve the City Manager to execute the submitted contract for providing Emergency Medical Service to the companies located in the Bayport Industrial Area. Action ReQuired by Council: Approve an Ordinance authorizing the City Manager to execute a contract with the Association of ort Companies for the City of La Porte EMS. ID ncil A enda Date ORDINANCE NO. 2009-.5JJ9 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE ASSOCIATION OF BAYPORT COMPANIES, INC., FOR EMERGENCY MEDICAL SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council 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- 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 12th day of October, 2009 CITY OF LA PORTE By: Barry Beasley, Mayor ATTEST: Martha A. Gillett, City Secretary APPROVED: Clark T. Askins, City Attorney -:Ffem full-er1 5y 0ItrPF 2 CONTRACT STATE OF TEXAS COUNTY OF HARRIS I THIS CONTRACT made and entered into by and between the CITY OF LA PORTE, a municipal corporation, of HaITis County, Texas, hereinafter referred to as "LA PORTE"; and the ASSOCIATION OF BAYPORT COMPANIES, INC., a Texas non-profit corporation, hereinafter refel1'ed to as "AB.C.", WITNESETH: WHEREAS, AB.C is in need of certain Emergency Medical Services for the benefit ofthe people at its Service Area, as outlined on the map attached hereto as Exhibit "A", SAVE AND EXCEPT any area shown on Exhibit "A", which has been annexed by a city other than LA PORTE, unless LA PORTE has an interlocal agreement for Emergency Medical Service with any other such city; and WHEREAS, LA PORTE is able and willing to provide said governmental services to AB.C., upon the terms, conditions, and covenants herein contained: 1. GENERAL PROVISIONS For and during the year beginning on the 1st day of October, 2009, and ending on the 30th day of September, 2010, LA PORTE agrees to furnish to AB.C., the emergency medical services hereinafter more specifically described. This agreement shall remain in effect after September 30, 2010, until cancelled by either party hereto giving ninety (90) days written notice to the other party. n. For and in consideration of the emergency medical services to be provided by LA PORTE, AB.C. agrees to pay LA PORTE the sum of Twenty One Dollars ($21.00) per on-site employee of the ASSOCIATION OF BAYPORT COMPANIES, INC. members, comprised within the Service Area. Such payment shall be made on or before the 1st day of October 2009. The employee count, which A.B.C. represents to LA PORTE to be approximately between Five Thousand (5,000) and Six Thousand (6,000) on an annual basis, shall be based upon the number of full-time equivalent, on-site employees and shall include the number ofreculTing-contract workers (such as maintenance contracts that are used for scheduled plant maintenance). The number of covered personnel is to be provided by each individual plant within the Service Area and ful11ished by A.B.C. for the computation of the annual fee, which shall occur on or before October 1, 2009. AB.C. shall furnish to LA PORTE said census count fumished to them during the month of September dl.U1ng each year of this contract. A.B.C. shall immediately notifY LA PORTE of the addition of any new company to its membership, and the employee count, as herein defmed, of such new member company. A member company of AB.C. which is in default of its payments to AB.C. and LA PORTE hereunder, shall be subject to a "Non-Member Fee" of Fifteen Hundred Dollars ($1500.00) per EMS response as provided in LA PORTE's Emergency Medical Service Fee Ordinance. III. LA PORTE agrees to provide emergency medical services at AB.C.'s Service Area. LA PORTE shall transport patients to one of the nearest hospitals providing emergency services that is defined by the "Transport Policy" of the City of La Porte Emergency Medical Services. LA PORTE shall be permitted to charge, to each patient, its most current and customary Emergency Medical Service charges as adopted by City Council. IV. Sole discretion will rest with the LA PORTE Director of Emergency Medical Services, or his duly authorized assistants, as to the personnel and equipment that will answer each emergency medical services request, provided, emergency medical services protection will be adequate (meaning reasonable protection, considering available personnel and equipment of LA PORTE's Emergency Medical Services) and dispatch of personnel and equipment to provide emergency medical services within the corporate limits of the City of La Porte. V. COMPLIANCE WITH LA W A1~D ORDINANCES LA PORTE agrees to operate the ambulances in accordance with the requirements of State and Federal law, and applicable municipal or c01.mty ordinances, as the same now exist, and as may be amended fl.-om time to time hereafter. VI. LIABILITY lNSURA1~CE During the term of this Contract and any extension thereof, LA PORTE shall purchase and keep in full force and effect, public liability insurance on each of its ambulance units, and professional liability insurance (malpractice insurance) on each of its employees administering patient care, with minimum limits of $100,000.00 for each single occurrence for injury to or destruction of property; $100,000.00 for each person; and $300,000.00 for each accident. LA PORTE shall keep and maintain Workers' Compensation insurance on its employees. LA PORTE shall maintain collision and liability insurance on the ambulances, with at least maximum limits of $100,000.00 for each single occurrence for injury to or destruction of property; $100,000.00 for each person; $~OO,OOO.OO for each single occurrence for bodily injury or death; and uninsured and under-insured motorists coverage providing at least $100,000.00 for each person, and $300,000.00 for each single occurrence for bodily injury or death. Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in excess of liability limits established in the Texas Tort 2 Claims Act, Section 101.001 et seq, of the Texas Civil Practice and Remedies Code, in cases where said Act is applicable. LA PORTE shall file celiificates of insurance coverage with A.B.C. during the terms of this Contract and any extension thereof. On all said insurance policies, A.B.C. shall be named as an additional insured. V II. REVOCATION OF CONTRACT Either A.B.C. or LA PORTE may cancel this Contract, without cause, after giving at least ninety (90) days written notice to the non-canceling party. Such notice shall be sent by LA PORTE to A.B.C. at Post Office Box 691, La Porte, Texas 77572-0691. Such notice shall be sent by A.B.C. to LA PORTE at 604 West Fairmont Parkway, La Polie, Texas 77571. VIII. TERM This Contract shall become effective at 12:00 A.M. Central Time, on the 1st day of October, 2009, and shall remain in full force and effect until the 30th day of September, 2010, unless otherwise cancelled as provided in paragraph VII above. This Contract is entered into subject to the Chatier and Ordinances of the City of La Porte, and all applicable state and federal laws. IX. This Contract constitutes the entire agreement between the paliies and supersedes all prior contemporaneous communications or agreements, written or oral. This Contract may be amended only by a written instrument signed by all parties. This Contract shall be governed by and constmed in accordance with the laws of the State of Texas. EXECUTED IN DUPLICATE ORIGINALS, as of this the _ day of 2009. CITY OF LA PORTE By: Ron Bottoms City Manager 3 ATTEST: Martha A. Gillett City Secretary ATTEST: Colleen Hicks, Secretary 4 4 .- l.O o c ,~,~ ~ 0.., "'T'j' f- . it;i' ':'J ' 6 f "'~9i~~~<':'l ' . ' ','., ' : ,_oS>;:i: n::,'.lIi::J'/ii;o./. '; ',~JC: 'itJ... ,,' J1.fSI;' ~" ~ 'o/nsvT13m ClJ @ <:( & .~ CD CD C/) c: :.:J -. s~ ~ CD b - @ ~0 "co v. t:: ..... 0::' C/) Cb ./ ~ -J D :Ffem fd//pJ t3yc5J1tP!;-- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 12. 2009 Requested By: Ra}' Nolen e Deparhnent: ED4S Aupropriation Source of Funds: N/A Account Number: Amount Budgeted: Report: Resolution: Ordinance: x Amount Requested: Copy of POH/BCT Contract Exhibits: Budgeted Item: YES NO Exhibits: Exhibits: SUMMARY & RECOMMENDATION The City has negotiated a new contract with the Port of Houston Authority for Emergency Medical Service at the Barbour's Cut Terminal for a period oftwe1ve months, in the amount of $2,108. 75 monthly. Attached is an ordinance authorizing the City Manager to execute a contract effective November I, 2009 with the Port of Houston Authority for Emergency Medical Selyice at the Barbour's Cut Tenllinal. The current contract expires on September 30.2009. The submitted 2009-10 contract is based on a POH/BCT population of 1205 employees at $21.00 per employee- Total aImually $25305.00 The Port of Houston Authority will meet in October. 2009 to approve tIus new 2009-10 contract. ReconUllend tImt council approve the City Marmger to execute tIle new original contract SUblluttal by POR. Action Required bv Council: Approve an Ordinance authorizing the City Manager to execute a contract with the Port of Houston Authority for the City of La Porte EMS. 10 Date hlOOl ORDINANCE NO. 2009-..3.LQO AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF IA PORTE AND THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS, FOR EMERGENCY MEDICAL SERVICES, 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- 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 12th day of October, 2009 CITY OF LA PORTE By: Barry Beasley, Mayor ATTEST: Martha A. Gillett, City Secretary 'flel/? lal/d , ~ CONTRACT STATEOFTEXAS S S S KNOW ALL MEN BY THESE PRESENTS: TIllS CONTRACT made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE" and the PORT OF HOUSTON AUTHORITY, a body politic of Harris County, Texas hereinafter referred to as "PORT', WITNESSETH: WHEREAS, PORT is in need of certain governmental services for the benefit of the people and property at its Barbour's Cut Terminal; and WHEREAS, LA PORTE is able and willing to provide said governmental services to PORT, upon the terms, conditions, and covenants herein contained: NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to both parties, it is hereby agreed as follows: I. For and during the year beginning on the 1 st day of November, 2009 and ending on the 31 st day of October, 2010, LA PORTE agrees to furnish to PORT, the emergency medical services hereinafter more specifically described. This agreement shall remain in effect after October 31,2010 until canceled by either party hereto giving ninety (90) days written notice to the other party hereto. II. For and in consideration of the governmental services to be provided by LA PORTE, PORT agrees to pay LA PORTE the monthly sum of TWO THOUSAND ONE HUNDRED EIGHT AND 75/100 DOLLARS ($2,108.75). Such charges are based on a $21.00 per person fee and are to be paid in full by PORT to LA PORTE, on or before the tenth day of the month following the month in which such services are rendered. The total amount of the contract is in the not to exceed amount of TWENTY FIVE THOUSAND THREE HUNDRED AND FIVE AND 00/100 DOLLARS ($25.305.00). ANNUAL COST OF CONTRACT ADWSTMENT- The cost of the contract shall be based on an Average Daily Population ("ADP") of personnel working at Barbours Cut Terminal. The cost of contract adjustment shall be calculated by multiplying the negotiated per person fee by the negotiated ADP for the contract year, and shall be subject to review and adjustment annually, commencing November 1,2010 ill. LA PORTE agrees to provide emergency medical services at PORT's Barbour's Cut Terminal. LA PORTE shall transport patients to one of the nearest hospitals that provides emergency services as defined by the transport policy of the City of La Porte Emergency Medical Services. LA PORTE shall be permitted to charge, to each patient, its most current and customary Emergency Medical Service charges as adopted by City Council. IV. Sole discretion will rest with the LA PORTE Director of Emergency Medical Services, or his duly authorized assistants, as to the personnel and equipment that will answer each emergency medical services request, provided, emergency medical services protection will be adequate (meaning reasonable protection, considering available personnel and equipment of LA PORTE's Emergency Medical Services) and dispatch of personnel and equipment to provide emergency medical services within the corporate limits of the City of La Porte. v. LA PORTE agrees to operate the ambulances in accordance with the requirements of the State and Federal law, and applicable municipal or county ordinances, as the same now exists, and as may be amended from time to time hereafter. VI. During the term of this Contract and any extension thereof, LA PORTE shall purchase and keep in full force and effect, public liability insurance on each of its ambulance units, and professional liability insurance (malpractice insurance) on each of its employees administering patient care, with minimum limits of ($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; and ($300,000.00) for each accident. LA PORTE shall keep and maintain Workers' Compensation insurance on its employees. LA PORTE shall maintain collision and liability insurance on the ambulances, with at least maximum limits of ($100,000.00) for each single occurrence for injury to or destruction of property; ($100,000.00) for each person; ($300,000.00) for each single occurrence for bodily injury or death; and uninsured and under-insured motorists coverage providing at least ($100,000.00) for each person, and ($300,000.00) for each single occurrence for bodily injury or death. Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in excess of liability limits established in the Texas Tort Claims Act, Section 101.001 et seq. of the Texas Civil Practice and Remedies Code, in cases where said Act is applicable. The City shall file certificates of insurance coverage with the PORT during the terms of this Contract and any extension thereof On all said insurance policies, PORT shall be named as an additional insured. 2 VII. Either the PORT or LA PORTE may cancel this Contract, without cause, after giving at least ninety (90) days written notice to the non-canceling party. Such notice shall be sent by LA PORTE to the PORT at P.O. Box 2562, Houston, Texas 77252-2562, Attention: Director of Operations. Such notice shall be sent by the PORT to LAPORTE at 604 West Fairmont Parkway, La Porte, Texas, 77571, Attention: City Manager. VIII. This contract shall become effective at 12:00 A.M. Central Time, on the 1st day of November, 2009 and shall remain in full force and effect until the 31 st day of October, 2010 unless otherwise canceled as provided in paragraph VII above. This Contract is entered into subject to the Charter and Ordinances of the City of La Porte, and all applicable state and federal laws. IX. This Contract constitutes the entire agreement between the parties and supersedes all prior contemporaneous communications or agreements, written or oral. This contract may be amended only by a written instrument signed by all parties. This contract shall be governed by and construed in accordance with the laws of the State of Texas. [EXECUTION PAGE FOLLOWS] 3 EXECUTED IN DUPLICATE ORIGINALS, as of this the ,20_. day of ATTEST: CITY OF LA PORTE By: City Secretary City Manager PORT OF HOUSTON AUTHORITY By: Executive Director APPROVED AS TO FORM: APPROVED: Counsel Director of Operations FUNDS ARE AVAILABLE TO MEET THIS OBLIGATION WHEN DUE: Harris County Auditor Authorized by Minute No. 4 E REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 12. 2009 Bud2et Requested By: n Mitrllno, PrpSlidine .Tndgp Source of Funds: Department: Muuicipl1l O~urt Account Number: Report: Resolution: Ordinance: x Amount Budgeted: . Exhibits: City Ordinance Amount Requested: Exhibits: Contract for court fees and fines collection service Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Attached is a copy of a contract for court fees and fines collection services from Perdue, Brandon, Fielder, Collins and Mott, L.L.P. and a City Ordinance approving and authorizing an agreement between the City of La Porte and Perdue, Brandon, Fielder, Collins and Mott to enforce the collection of delinquent court fees and fines. tb /7 ~~ Date ORDINANCE NO. 3.J.E..L AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH PERDUE, BRANDON, FIELDER, COLLINS & MOTT, LLP FOR THE COLLECTION OF DELINQUENT COURT FEES AND FINES; PROVIDING FOR A FEE TO DEFRAY COSTS OF COLLECTING DELINQUENT FINES, FEES, AND OTHER DEBTS PURSUANT TO ARTICLE 103.0031 OF THE TEXAS CODE OF CRIMINAL PROCEDURE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN OPEN MEETINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, Article 103.0031 of the Texas Code of Criminal Procedure authorizes the City of La Porte City Council to contract with a private firm for the collection of the fees listed above and to impose an additional collection fee in the amount of thirty percent on each debt or account receivable that is more than sixty days past due and which has been referred to the private firm for collection; and WHEREAS, the La Porte City Council has determined that it is in the public interest to ensure the prompt payment of delinquent court-imposed fines and fees as provided by said statute; and WHEREAS, the City of La Porte wishes to enter into a contract with a private firm, Perdue, Brandon, Fielder, Collins & Mott LLP (Perdue), to provide services for the collection of debts and accounts receivable, i.e.: fines, fees, restitution, other debts, and costs ordered to be paid by a court serving the City; WHEREAS, the City Council deems it in the public interest to pass this Ordinance authorizing the collection of delinquent fines, fees and other debts; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: SECTION 1. FINDINGS. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part of this Ordinance for all purposes as findings of fact. SECTION 2. The Mayor is hereby authorized to enter into a contract with the Perdue Firm to provide services for the collection of fines, fees and other debts substantially in the form of the attached contract which is made a part of this Ordinance for all purposes. SECTION 3. In accordance with Article 103.0031 of the Texas Code of Criminal Procedure, there is hereby imposed an additional fee of thirty percent on all debts and accounts receivable, i.e.: fines, fees, restitution, other debts, and costs that are more than sixty days past due and have been referred to a private firm (Perdue) for collection. SECTION 4. SEVERABILITY. If any provision of this Ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. SECTION 5. OPEN MEETINGS. It is hereby found and determined that the meetings at which this Ordinance is considered are open to the public and that notice of the time, place and purpose thereof was given in accordance with the provisions of the Texas Government Code - Chapter 551, as amended, and that a quorum of the City Council was present. SECTION 6. EFFECTIVE DATE. This Ordinance shall be effective from and after its date of passage. PASSED AND APPROVED on the flJ'-daY of~, 2009. CITY OF LA PORTE, TEXAS: ATTEST: ~6.~ ARHA GILLE T, CITY SECRETARY APP~ORM: ~ -r~ CL RK ASKINS CITY ATTORNEY CONTRACT FOR COURT FEES AND FINES COLLECTION SERVICES STATE OF TEXAS ~ ~ ~ COUNTY OF HARRIS THIS CONTRACT is made and entered into by and between the City of La Porte, Texas, a municipal corporation, acting herein by and through its governing body, hereinafter called "City", and Perdue, Brandon, Fielder, Collins & Mott L.L.P., hereinafter called "Perdue" . NOW, THEREFORE, in consideration of the covenants, conditions and agreements hereinafter set forth, the adequacy of which is hereby acknowledged, City and Perdue agree as follows: SECTION I. CITY'S COLLECTION OBLIGATIONS A. City agrees to employ and does hereby employ Perdue to enforce the collection of delinquent court fees and fines pursuant to the terms and conditions described in this contract. Furthermore, this contract cannot be transferred or assigned by either party without the written consent of all parties. B. City agrees to refer all delinquent accounts by electronic or magnetic medium, in the specified format, to Perdue for collection on or about the first (15t) and fifteenth (15th) of each month. An account is considered delinquent when not paid within 60 days of the scheduled appearance date (if the defendant failed to appear), or from any granted extension, or from the date of conviction or judgment, or other court specified due date. City will provide Perdue with copies of, or access to, the information and documentation necessary to collect the fees and fines that are subject to this contract. SECTION 2. PERDUE'S COLLECTION OBLIGATIONS Perdue is to refer all payments and correspondence directly to the court that has assessed or levied the fees and fines being collected pursuant to this contract. Perdue reserves the right to return all accounts not collected within one (1) year of referral by City, as well as any accounts identified as being in bankruptcy. Upon return of these accounts, neither party will have any obligation to the other party to this contract. SECTION 3. COLLECTION FEE City agrees to pay to Perdue (1) fifteen percent (15%) of the collected fees and fines referred to Perdue by City imposed on all unadjudicated offenses committed on or before June 18,2003; (2) thirty percent (30%) on the collected fees and fines referred to Perdue by City imposed on all adjudicated offenses committed on or before June 18, 2003; and (3) thirty percent (30%) of the collected fees and fines referred to Perdue by City imposed on all offenses, whether adjudicated or unadjudicated, occurring after June 18, 2003. The 30% shall be added to the amount owed by a defendant that is more than 60 days past due pursuant to Article 103.0031, Texas Code of Criminal Procedure. The parties understand that pursuant to law, Perdue cannot collect from a defendant the percentage referred to above if the defendant has been determined by the court of original jurisdiction to be indigent, or has insufficient resources or income, or is otherwise unable to pay all or part of the underlying fine or costs. Further, Perdue will not be paid on an account if the debtor pays the delinquent account directly to the court or posts a cash bond as a result of being arrested on an outstanding warrant. All compensation shall become the property of Perdue at the time of payment. City shall pay over said funds on a monthly basis by check out of the collected fees and fines which Perdue has collected for the City. SECTION 4. BEST EFFORTS TO COLLECT Perdue agrees to use its best efforts to collect the delinquent accounts turned over to it and to provide legal advice to City on the delinquent accounts as requested by City. SECTION 5. TERM This contract shall commence on ~'VtMbtr I~, 2009, and end when both parties mutually agree; provided, however, that either party to this agreement shall have the right to terminate this agreement by giving the other party thirty (30) days written notice of their desire and intention to terminate this agreement; and further provided that Perdue shall have an additional six (6) months to complete work on all cases turned over to it prior to the notice of termination. SECTION 6. NOTICES F or purposes of sending notice under the terms of this contract, all notices from City shall be sent to Perdue by certified United States mail, or delivered by hand or by courier, and addressed as follows: Perdue, Brandon, Fielder, Collins & Mott, L.L.P. Attn: Michael J. Darlow - Attorney 1235 North Loop West, Suite 600 Houston, Texas 77008 Telephone (713) 862-1429 All notices from Perdue shall be sent to the City by certified United States mail, or delivered by hand or by courier, and addressed as follows: City of La Porte, Texas Attn: Ron Bottoms, City Manager City Hall 604 West Fairmont Parkway La Porte, Texas 77571 Telephone: (281) 471-5020 SECTION 7. INDEMNITY A. Perdue shall indemnify, hold harmless and defend City against any claim of liability or loss incurred by City to the extent caused by Perdue's acts or omissions in the performance of this Agreement that constitute negligent or willful acts or are errors or omISSIOns. SECTION 8. VENUE AND CONTROLLING LAW This contract is made and is to be interpreted under the laws ofthe State of Texas. Venue for any disputes involving this contract shall be in the appropriate courts in Harris County, Texas. SECTION 9. ACCEPTANCE OF EMPLOYMENT In consideration of the terms and compensation herein stated, Perdue hereby accepts said employment and undertakes performance of said contract as set forth above. SECTION 10. SEVERABILITY Every provision of this Agreement is intended to be severable. If any term or provision hereof is hereafter deemed by a Court to be illegal, invalid, void or unenforceable, for any reason or to any extent whatsoever, such illegality, invalidity, or unenforceability shall not affect the validity of the remainder of this Agreement, it being intended that such remaining provisions shall be construed in a manner most closely approximating the intention of the Parties with respect to the illegal, invalid, void or unenforceable provision or part thereof. This contract is executed on behalf of City by the presiding officer of its governing body who is authorized to execute this instrument by ordinance heretofore passed and recorded in its minutes. This contract may be executed in any number of counterparts, and each counterpart shall be deemed an original for all purposes. Signed facsimiles shall be binding and enforceable. tJ1I--' day of WITNESS the signature of all parties hereto on this the ~ ,2009. ATTEST: L1Yl dll/JLfl'{.ALtJ MARTHA GILLETT, CITY SECRETARY APPROVED AS TO FORM: ~r~ CLA: ASKINS CITY ATTORNEY PERDUE, BRANDON, FIELDER, COLLINS & MOTT, LLP BY: ;2!Jdd ~ ~ FOR THE FIRM (J G ..----- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 12. 2009 Appropriation Requested By: S. Gillett Source of Funds: N/A Department: Public Works Account Number: N/A Report: Resolution: Ordinance: x Amount Budgeted: NI A Exhibits: Ordinance Amount Requested: ~/A Exhibits: Markup of Chan2es Budgeted Item: N/A Exhibits SUMMARY & RECOMMENDATION Chapter 2 of the Code of Ordinances includes the administration of Public Works Contracts. Section 2- 106 was codified in 1991. The original ordinance (Ord. 1476) was passed on October 28, 1985 to establish the prequalification of contractors for projects over $300,000. Section 2-016 was amended on February 26, 2007 to require prequalification for projects over $500,000. At the Workshop on September 28,2009, changes were proposed to eliminate the prequalification of projects, raising the threshold from $500,000 to $1,000,000, include the requirement to have qualification statements submitted as a part of the bid package, and changing the requirement for financial statements to include only the apparent low bidder. These changes are proposed to streamline the process of identifying qualified bidders and increase the number of bidders while maintaining the ability of the city to ensure large projects are awarded to qualified and financially stable contractors. The attached ordinance accomplishes these goals, and amends the Code of Ordinances to reflect these changes. The attached ordinance mark-up also identifies deletions and additions to the Code. Council: Approve an ordinance amending Section 2-106 and 2-107 of the Code of tb /1/ h1 Date ORDINANCENo. ::j J q ,;( AN ORDINANCE OF 1HE CITY COUNCIL OF LA POR1EAMENDlNG CHAPTER 2 ''AIMINlSTRATION', ARTICLE III, ''FINANCE', DMSION 2, "PURaJASES AND CONIRACTS", SUBDMSION IT, "PUBliC WORKS CONIRACTS", SECTIONS 2-106 "PREQUAIlFICATIONS FOR BIDDlNG; FILING OF CONIRACIOR'S STATEMENT' AND 2-107 "REQUIREMENfS FOR CONIRACIDRS ENTERING BIDS", BY CHANGING QUAIlFICATION REQUIREMENTS FOR CERTAIN BIDDERS; FINDlNG CCMPIlANCE WIIHlHE OPENMEEI1NGS LAW; AND PROVIDII\D AN EFFECIlVEDA1E HEREOF. BE IT ORDAINED BYlHE CITY COUNCIL OF 1HE CITY OF LAPOR1E, TEXAS: Section 1: That Chapter 2, "Achninistration", Article III, "Finance", Division 2, "Purchases and Contracts", Subdivision II, "Public W Olks Contracts", Section 2-106, "Prequalifications for bidding; filing of contractor's statemenf', is hereby amended and shall hereafter read as follows, to wit: "Sec. 2-106. Qualification requirement of bidders; filing of contractor's qualification statement. (a) The city council has detennined, and does hereby find, detennine, and declare that it is in the best interest of the city that in the case of all construction projects having an owner's estimated construction cost of greater than $1,000,000.00, all bidders must submit with their bid package, a satisfactory contractor's qualification statement, on forms to be provided by the city. Submission of a contractor's qualification statement is a condition precedent to execution of a contract by the city with the successful bidder. (b) For projects with an owner's estimated construction cost ofless than $1,000,000.00, contractors may be required to file a contractor's qualification statement, if such is detennined by the city manager to be required. In making such detennination, the city manager shall review the city's past experience with projects of similar nature; the recommendation of the project architect/engineer which considers the complexity of the project; and the uniqueness or novelty of the anticipated project which may require a high degree of contractor specialization, technical expertise and/or previous experience on similar projects. ( c) After the bid opening the city shall request audited financial statements from the apparent low bidder. The infonnation contained in such contractor's qualification statement and audited financial statement is deemed confidential; shall not be disclosed by the city to the public or to other contractors; and shall be deemed exempt from disclosure under the Open Records Act, V.T.CA, Govenunent Code S 552.001 et seq., in accordance with the state attorney general's opinionnurnberORD-309, 1982. The city council finds that disclosure of the financial infonnation is likely to have either of the following effects: (1) To impair the city's ability to obtain necessary infonnation in the future; or (2) To cause substantial hann to the competitive position of the person from whom the information was obtained." Section 2: That Chapter 2, ''Achninistration'', Article III, "Finance", Division 2, "Purchases and Contracts", Subdivision II, "Public Works Contracts", Section 2-107, "Requirements for contractors entering bids", is hereby amended and shall hereafter read as follows, to wit: "Sec. 2-107. Requirements for contractors entering bids on projects subject to submittal of qualification statement under Section 2-106. (a) Subcontracting of work in excess of 5 0 percent; consent required. Contractors entering bids on city construction projects subject to Section 2-106 of this Code shall not subcontract more than 50 percent of the wOlk on the project without first obtaining the express written consent of the city. (b) Attendance of pre-bid conference required. All contractors (or representatives of the contractors) desiring to bid on city construction projects subject to Section 2-106 of this Code must attend a prebid conference. Otherwise, such contractors' bids will be returned by the city unopened. (c) Determination of bidding capacity. The city is interested in determining a contractor's bidding capacity for the purpose of awarding contracts subject to Section 2-106 of this Code. Bidding capacity for each contractor shall be equal to net wolking capital. Net wolking capital is defined as current assets less current liabilities, as shown on a balance sheet audited by an independent certified public accountant. The city will detennine the minimum bidding capacity for each project. Only those contractors possessing a bidding capacity meeting or exceeding that minimum will be considered qualified for that project. (d) Standards for contractor disqualification. The city council adopts the following standards for disqualification of contractors: (1) Automatic disqualification. Automatic disqualification shall take place under the following circumstances: a. The company has a negative net wolking capital or does not meet minimum bidding capacity. b. There is a failure to complete statements in all detail. c. The company or personnel are on the federal job debarment list. d. The company or personnel are on the Justice Department list of unacceptable contractors; i.e. convicted on antitrust violations. e. There is a failure to complete a statement in a truthful manner. (2) Other considerations for possible disqualification. Disqualification may also take place according to the following considerations: a. Companies with pending litigation may be disqualified for the duration of litigation as deemed to the advantage of the city by the city's project manager. b. There is a default on the contract, or forfeiture of bid bonds or performance bonds. c. There is a performance record ofpoorwoOOnanship on previous projects. d. There is a performance record offailure to complete warranty work e. There has been a bankruptcy or financial reorganization. f Companies submitting consolidated financial statements will be disqualified unless their parent company agrees to be the contracting party with the city." Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. fonnally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5: This Ordinance shall be effective upon its passage and approval. PASSED AND APPROVED this theY day of Mfrt~ ~ ~ Mayor ~ ,2009. ~A- tf.m ty ecretary APPROVED: ~/ ~ /h/~ Assistant City Attorney " 3 Sec.2-106. Prequalifieatians far bidding Qualification reauirement of bidders; filing of contractor's aualification statement. The city council has determined, and does hereby find, determine, and declare that it is in the best interest of the city that all contractors desiring to bid on city construction projects, having an owner's estimated construction cost of greater than $500,000.00 $1,000,000.00, must prequalify by filing all bidders must submit with their bid package, a satisfactory contractor's statement, on the forms attached hereto, v.'ith the €lity manager or his designee no later than 30 days prior to the date bids are to be opened, if a €lontractor is to be eligible to bid. on forms to be provided by the citv. Submission of a contractor's qualification statement is a condition precedent to execution of a contract by the city with the successful bidder. For projects with an owner's estimated construction cost of less than $500,000.00 $1,000,000.00, contractors may be required may have to prequalify, to file a contractor's qualification statement, if such is determined by the city manager. In making such determination, the city manager shall review the city's past experience with projects of similar nature; the recommendation of the project architect/engineer which considers the complexity of the project; and the uniqueness or novelty of the anticipated project which may require a high degree of contractor specialization, technical expertise and/or previous experience on similar projects. Once a contractor has successfully prequalified, in order for them to remain prequalified, a new contractor's statement shall be filed with the city annually. After the bid opening the city shall request audited financial statements from the apparent low bidder. The financial information contained in such contractor's qualification statement and audited financial statement is deemed confidential; shall not be disclosed by the city to the public or to other contractors; and shall be deemed exempt from disclosure under the Open Records Act, V.T.C.A., Government Code S 552.001 et seq., in accordance with the state attorney general's opinion number ORD-309, 1982. The city council finds that disclosure of the financial information is likely to have either of the following effects: (1) To impair the city's ability to obtain necessary information in the future; or (2) To cause substantial harm to the competitive position of the person from whom the information was obtained. Sec. 2-107. Requirements for contractors entering bids on oroiects subiect to submittal of aualification statement under Section 2-106 (a) Subcontracting of work in excess of 50 percent; consent required. Contractors entering bids on city construction projects subiect to Section 2-106 of this Code shall not subcontract more than 50 percent of the work on the project without first obtaining the express written consent of the city. (b) Attendance of pre-bid conference required. All contractors (or representatives of the contractors) desiring to bid on city construction projects subiect to Section 2-106 of this Code must attend a prebid conference. Otherwise, such contractors' bids will be returned by the city unopened. (c) Heticc of pr<:tjualificatien ef bidders. Public notice of prequalification of bidders by the city shall be published in a like manner as invitations to bidders, and shall not be a substitute for publishing the actual invitation to bidders on each project. (d) Adepti8n 81 CfJntracwr's statcmcnt .ferms. The city eouncil approves and adopts the forms for contractor's statements, incorporated b)' reference in this seetion, and made a part of this article for all purposes. ffl Determination of bidding capacity. The city is interested in determining a contractor's bidding capacity for the purpose of issuing proposals and awarding contracts subiect to Section 2-106 of this Code. Bidding capacity for each contractor shall be equal to their net working capital. Net working capital is defined as current assets less current liabilities, as shown on a balance sheet examined audited by an independent certified public accountant. The city will determine the minimum bidding capacity for each project. Only those contractors possessing a bidding capacity meeting or exceeding that minimum will be considered prequalified for that project. @ Standards for contractor disqualification. The city council adopts the following standards for disqualification of contractors: (1) Automatic disqualification. Automatic disqualification shall take place under the following circumstances: a. The company has a negative net working capital or does not meet minimum bidding capacitv. b. There is a failure to complete statements in all detail. c. The company or personnel are on the federal job debarment list. d. The company or personnel are on the Justice Department list of unacceptable contractors; i.e. convicted on antitrust violations. e. There is a failure to complete a statement in a truthful manner. (2) Other considerations for possible disqualification. Disqualification may also take place according to the following considerations: a. Companies with pending litigation may be disqualified for the duration of litigation as deemed to the advantage of the city by the city's project manager. b. There is a default on the contract, or forfeiture of bid bonds or performance bonds. c. There is a performance record of poor workmanship on previous projects. d. There is a performance record of failure to complete warranty work. e. There has been a bankruptcy or financial reorganization. f. Companies submitting consolidated financial statements will be disqualified unless their parent company agrees to be the contracting party with the city. H REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 12,2009 Budl!et Requested By: Ron Bottoms Source of Funds: Department: Administration Account Number: Report: Resolution: Ordinance: Amount Budgeted: Earnest Money Contract Amount Requested: Exhibits: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Attached is an earnest money contract for the purchase of lots 7 and 8 in Block 52 of the Town of La Porte that has been approved by the La Porte Development Corporation and is integral to the Gateway project. This is the property next to Shipleys. The purchase price is $23,000. the La Pot1e Development Corporations purchase of this prope11y for $23,000. If) ~ ~, Date ' - ~~ TEXAS ASSOCIATION OF REALTORS" UNIMPROVED PROPERTY COMMERCIAL CONTRACT USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REAL TORSC5IS NOT AUTHORIZED. ~ax" Assocl.lIon 01 REALTOR5e, Inc. 1999 1. PARTIES: C 11 b C1J/(.p dE /J T-f 0 IV 2. PROPERTY: A. The PJ9p.ertY...\loJd by this contract is called the "Property." The Property is that real property situated in LIf Pt7/l7'1F t:ii1../l.!S1 r County, Texas at (address) that is legally described as follows: (Identify exhibit if described by attachment.) '- 0+S . Se,VW\ (7) Otv1..ol Lt~ h.t- (g)/ SID eJ:< R.f4y-ft.vo L'S 2..) e+ lOW(\' a-t lD..fbrf--<.;, Q^ c;J.Ck;ltf,'~ (.^- tfarr,'s C~~ -14tLS) tJcCDt"cli^1 To ~ Mr dY p'a.l ~ ere of' recon:1-R4 '( i'\. V () lu rn..R. (f) ? I .p a.Jj..f!- ICf ~ . e.f ~ l).e -eo( !<. ee. 0 rd S (j-(" [-to.VYi 5 lou^-Ij. B. The Property is sold together with: (1) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest in any minerals. utilities, adjacent streets, alleys, strips, gores, and rights-of-way; (2) Seller's interest in all leases, rents, and security deposits for all or part of the Property; and (3) Seller's interest in all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions in Paragraph 11 or an ;gddendum.) 3. SALES PRICE: A. At or before closing, Buyer will pay the following sales price for the Property: (1) Cash portion payable by Buyer at closing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ :s or.7 9- ,OOf)'- I -- (2) Sum of all financing described in Paragraph 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., $ ;? '3, COO~~ I (3) Sales price (sum of 3A(1) and 3A(2)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ B. Adiustment to Sales Price: (Check (1) or (2) only.) ~) The sales price will not be adjus~ed based on a survey. D (2) The sales price will be adjusted based on the latest survey obtained under Paragraph 68. (a) The sales price is calculated on the basis of $ D (i) square foot of D total area 0 net area. D (ii) acre of D total area 0 net area. per: (b) "Total area" means all land area within the perimeter boundaries of the Property. "Net area" means total area less any area of the Property within: D (i) public roadways; o (ii) rights-of-way and easements other than those that directly provide utility services to the Property; and D (iii) ( " ?' a . Initialed for Identiflcation by Buyer ~11- and eller~,lJ.Jt.. TAR, P.O. Box 2246, Austin, TX 78768- Page 1 (TAR-1802) 11-5-99 .- Commercial Unimproved Contract Concerning (c) If the sales pri9~ is adjusted by more than 10% of the stated sales price, either party may terminate this contract by providing wiitien,notice to the other party within _ days after the terminating party receives the survey. If neither party terminates this contract or if the variance is 10% or less, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer. 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3B as follows: (Check all that apply.) a A. Third Party Financino: A third party note(s) in the total amount of $ . This contract: a (1) is not contingent upon Buyer obtaining third party financing. a (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Financing Addendum. a B. Assumotion: In accordance with the attached Financing Addendum, Buyer will assume the unpaid principal balance of the first lien promissory note, which balance at closing will be $ a C. Seller Financino: The delivery of a promissory note and deed of trust from Buyer to Seller under the terms of the attached Financing Addendum in the amount of $ as earnest money (escrow agent) at (escrow agent's address). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract by providing written notice to Buyer before Buyer deposits the earnest money. Buyer may instruct the escrow agent to deposit, the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. /oo~ 5. 6. TITLE POLICY AND SURVEY: A. Title Policy: (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) issued by AMBU IAN flrUL:A/t1PIIAlY (the title company) in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: . (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. '- (2) The standard printed exception as to area boundaries: (Check (a) or (b) only.) a (a) will not be deleted from the title policy. a (b) will be deleted from the title policy at the expense of a Buyer a Seller. (3) Buyer may object to any restrictive covenants on the Property within the time required under Paragraph 6e. (4) Within _ days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. B. Survey: (1) Within _ days after the effective date: (Check all that apply.) a (a) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. a (b) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. a (c) Seller will deliver a true and correct copy of Seller's existing survey of the Property dated Seller, at Seller's expense: . o (i) will have the existing survey recertilied on a date not earlier than o (ii) will not have the existing survey recertified. (TAR-1802) 11-5-99 Inmaled 1m Identillcallon by Buyer {J~ and Sete.r cJL JJ.lJ: TAR, P.O. Box 2246id/ TX 78768-2246 Page 2 of ! .- Commercial Unimproved Contract Concerning (2) The survey required under Paragraph 6B(1) must be made bya Registered Professional Land Surveyor acceptable to the title company. The survey must: (a) identify the Property by metes and bounds or platted lot description; (b) show that the survey was made and staked on the ground with comers permanently marked; (c) set forth the dimensions and total area of the Property; (d) show the location of all improvements, highways, streets, roads, railroads, rivers, creeks or other waterways, fences, easements, and rights-of-way on the Property with all easements and rights-of-way referenced to their recording information; (e) show any discrepancies or conflicts in boundaries, any visible encroachments, and any portion of the Property lying within the 1 DO-year flood plain as shown on the current Federal Emergency Management Agency map; and (f) contain the surveyor's certificate that the survey is true and correct. C. Buver's Obiections to the Commitment and Survey: (1) Within ~ 0 days after Buyer receives ali of the items required in Paragraphs 6A and 6B (the commitment, copies of the documents evidencing the title exceptions, and survey), Buyer may object in writing to matters disclosed in the items if: (a) the matters disclosed constitute a defect or encumbrance to title other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a mO-year flood plain. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 20 days after Seller receives the objections. The closing date will be extended as necessary to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, . the earnest money, le'ss the independent consideration paid for Buyer's right to terminate under Paragraph 7B(3), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION: (Check A or B only.) o ent Condition: (Check (1) or (2) only.) Buyer accepts the Property in its present "as-is" condition. 0;(2) Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: o B. Feasibilitv Period and Richt to Terminate: N(/1 (1) Delivery of Prooertv Information: Within days after the effective date, Seller will deliver to Buyer the following items to the extent that the items are in Seller's possession or are readily available to Seller. Any item not delivered is deemed not to be in Seller's possession or readily available to Seller. The items Seller will deliver are: (a) copies of all current leases pertaining to the Property, including any modifications, supplements, or amendments to the leases; (b) copies of all notes and deeds of trust against the Property that Buyer will assume or that Seller will not pay in full on or before closing; (c) copies of all previous environmental assessments, studies, or analyses made on or relating to the Property; (d) property tax statements for Ihe Property for the previous 2 calendar years; and (e) (2) Insoections. Studies. or Assessments: (a) Within days after the effective date, Buyer, at Buyer's expense, may complete or cause to be completed inspections, studies, or assessments of the Property. Inspections, studies, or assessments may include, but are not limited to: (i) physical property inspections; (ii) economic feasibility studies; (Iii) environmental assessments; and (iv) engineering studies. (fAR-1802) 11-5-99 . 0 JlJIJ . I~tialed to< Iden""cati", by Buye< Y 1)1 and Selle' J:!L.Hl!t TAR, P.O. Box 2246Mn, TX 78768-2246 Page 3 of ..... Commercial Unimproved Contract Concerning (b) In connection with Buyer's inspections, studies, and assessments, Buyer must: (i) employ only trained and qualified inspe-ctdrs and assessors; (ii) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (iii) abide by any reasonable entry rules or requirements that Seller may require; (iv) not interfere with existing operations or occupants of the Property; and (v) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (c) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. (3) Riohtto Terminate: Buyer may terminate this contract for any reason within '3' 0 days alter the effective date by providil)Q Saller with written notice of termination. If Buyer terminates, the earnest money will be refunded to Buyer less $ I u o~ that Seller will retain as independent consideration for Buyer's right to terminate under this paragraph. The independent consideration is to be credited to the sales price only upon closing of the sale. Buyer has tendered the independent consideration to Seller upon payment of the full amount specified in Paragraph 5 to the escrow agent. If Buyer does not terminate within the time required, Buyer accepts the Property in its present condition. (4) Return of Propertv'lnformation: If this contract terminates for any reason, Buyer will, not later than 10 days alter the termination date: (a) return to Seller all those items described in Paragraph 7B(1) that Seller delivered to Buyer and all copies that Buyer made of those items; and (b) deliver copies of all inspection and assessment reports (excluding economic feasibility studies) related to the Property that Buyer completed or caused to be completed. This Paragraph 7B(4) survives termination. (5) Contracts Affectino Operations: After Buyer's right to terminate under 7B(3) expires, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's prior written approval. 8. BROKERS: A. Tihe brokers to this sale are: Listing Broker License No. Listing Broker: [) represents Seller. Gl acts as an intermediary between Seller and Buyer. Other Broker Other Broker represents Buyer. License No. B. Fees: (Check (1) or (2) only.) D (1) Seller will pay Listing Broker the fee specified by separate written commission agreement between Listing Broker and Seller. Listing Broker will pay Other Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. D (2) At closing, Seller will pay: Listing Broker a total cash fee of: D _ % of the sales price. D Other Broker a total cash fee of: D _ % of the sales price. D The cash fees will be paid in brokers from the Seller's proceeds at closing. County, Texas. Seller authorizes escrow agent to pay the NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 8 without the written consent of the brokers affected by the amendment. 9. CLOSING: A. The closing of the sale will be on or before D aG}.I PI!" I?.. I z.; I ?-OD1 or within 7 days after objections to title have been cured, whichever date is later (the closing date). If either party fails to close by the closing date, the non-defaulting party may exercise the remedies in Paragraph 15. (TAR-1802) 11-5-99 (\~t111.r) ..I.....'.' J Initialed for Identification by Buyer ~, ':..-.l- and Seller .!::1:1::., N.1I::- TAR, P.O. Box 2246, Austin, TX 78768-2246 Page 4 of 9 - '~~f~'.+'~ Commercial Unimproved Contract Concerning B. At closing, Seller will deliver, at Seller's expense, a ~neral 0 special warranty deed. T.fl'EN:leed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property at closing: (1) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the sales price unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. C. At closing, Seller, at Seller's expense, will also deliver: (1) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property; . (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller; and (5) any notices, statements, certificates, or other documents required by this contract or law necessary to convey the Property, all of which must be completed by Seller as necessary. D. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the escrow agent; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; and (3) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. E. Unless the parties agree otherwise, the closing documents ~i11 be as found in the basic forms in the current .edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 10. POSSESSION: Seller will deliver possession of the Property to Buyer on OAfiZ:; OF- {" /,0:>//1/ G . in its present or required repaired condition, ordinary wear and tear excepted. Until closing;; Seller will operate the;Property in the same manner as on the effective date. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separatewritten lease agreement is a landlord-tenant at sufferance relationship between the parties. 11. SPECIAL PROVISIONS: (Identify exhibit if special provisions are contained in an attachment.) ". (TAR-1802) 11-5-99 .J Initialed for Identif.....on by Buya, r1J1 - Sol", f1d:... J:!J!::. TAR, P.O. Box 2246, Austin, TX 78768-2246 Page 5 of ~ .- Commercial Unimproved Contract Concerning 12. SALES EXPENSES: A. Seller's Exoenses: Seller will pay lor the lollowing in cash at or belore closing: (1) releases 01 existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording lees; (2) release 01 Seller's loan liability, ii applicable; (3) tax statements or certificates; (4) preparation 01 the deed;' (5) one-hall of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions 01 this contract. B. Buver's Exoenses: Buyer will pay lor the following in cash at or belore closing: (1) all loan fees or expenses (for example, application lees, origination lees, discount fees, appraisal fees, assumption fees, recording fees, tax service lees, mortgagee title policy expenses, credit report fees, document preparation lees, interest expense that Buyer's lender requires Buyer to pay at closing, and other lees required by Buyer's lender); (2) preparation of any deed of trust; - (3) recording fees lor the deed and any deed of trust; (4) premiums for flood insurance as may be required by Buyer's lender; (5) one-hall 01 any escrow fee; (6) copy and delivery lees lor delivery 01 the title commitment and related documents; and (7) other expenses that Buyer will pay under other provisions of this contract. 13. PRORATIONS, ROLLBACK TAXES, RENT, AND DEPOSITS: A. Prorations: . (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements Irom tenants will be prorated through the closing date. (2) If the amount of ad valorem taxes lor the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis 01 taxes assessed in the previous year. If the taxes lor the year in which the sale closes vary Irom the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 13A(2) survives closing. (3) "Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B., Hollback Taxes: (~) If Seller changes the use of the Property before closing or if a denial of a special valuation on the Property claimed by Seller results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of 0 Seller 0 Buyer. This Paragraph 13B(1) survives closing. (2) If this sale or Buyer's use of the Property after closing results in additional assessments lor periods belore closing, the assessments will be the obligation of 0 Selier Ll Buyer. This Paragraph 13B(2) survives closing. C. Rent and Securitv Deoosits: At closing, Seller wiil tender to Buyer all security deposits and the following advance payments received by Seller lor periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party wi\: be remitted by the recipient to the party to whom it was prorated within 5 days after the rent is received. This Paragraph 13C survives closing. 14. CONDEMNATION: If belore closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less the independent consideration paid for Buyer's right to terminate under Paragraph 7B(3), will be refunded to Buyer; or . B. appear and defend in the condemnation proceedings and any award will, at Buyer's election, belong to: (1) Seller and the sales price will be reduced by the same amount; or (2) Buyer and the sales price will not be reduced. 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller may: (1) enforce specific performance, or seek other relief as may be provided by law, or both; or (2) terminate this contract and receive the earnest money as liquidated damages, thereby releasing the parties from this contract. (TAR-1802) 11-5-99 n arivJ Initialed for Identification by Buyer fl11- and Sellerlli..-.l::l....f:1. TAR, P.O. Box 2246, Austin, TX 78768-2246 Page 6 of 9 -- Commercial Unimproved Contract Concerning 8. If, withouU~!JIt, Seller is unable within the lime allowed \0 deliver the commitment. Buyer may:"""'~" (1) terminate this contract and receive the earnost money. les5 the independent consideration paid lor Buyer's right to terminate under Paragraph 7B(3), as the sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller lails to comply with this contract, Seller is in default and Buyer may: (1) enforce specific performance, or seek such other reliel as may be provided by law, or both; or (2) terminate this contract and receive the earnest money, less the independent consideration paid lor Buyer's right to terminate under Paragraph 7B(3), as liquidated damages, thereby releasing the parties from this contract. 16. ATTORNEY'S FEES: If Buyer, Seller, any broker, or any escrow agent is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non-prevailing parties all costs 01 such proceeding and reasonable attorney's fees. This Paragraph 16 survives closing. 17. ESCROW: A. At closing, the earnest money must be applied first to any cash down payment. then to Buyer's closing costs, and any excess will be refunded to Buyer. B. If both parties make written demand for the earnest money, escrow agent may require payment of unpaid expenses incurred . on behalf of the parties and a written release of liability of escrow agent from all parties. C. If one party makes written demand for the earnest money, escrow agent will give notice of the demand by providing to the other party a copy of the demand. If escrow agent does not receive written objection to the demand from the other party within 30 days after the date escrow agent sent the demand to the. other party, escrow agent may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and escrow agent may pay the same to the creditors. D. Escrow agent will deduct the independent consideration paid for Buyer's right to terminate under Paragraph 7B(3) before :disbursing any earnest money to Buyer anCl will pay the independent consideration to Seller. E. 11 escrow agent complies with this Paragraph 17, each party hereby releases escrow agent from all claims related to the ,disbursalof the earnest money. F. ,Notices under this Paragraph 17 must be sent by certified mail, return receipt requested. Notices to escrow agent are effective ;upon receipt by escrow agent. '. 18.' MA'TERIAL FACTS: A. To the best of Seller's knowledge and belief: (Check (1) or (2) only.) o (1) Seller is not aware of any material defects to the Property except as stated in the attached Property Condition Statement. o (2) Seller is not aware of any of the following, except as described otherwise in this contract: (a) any material physical defects to the Property; (b) any pending or threatened litigation, condemnation, or assessment affecting the Property; (c) any environmental hazards or conditions that affect the Property; . (d) whether the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, a dump site or landfill, or any underground tanks or containers; (e) whether radon, asbestos insulation or fireproofing, urea-formaldehyde foam insulation, lead-based paint, or other pollutants or contaminants of any nature now exist or have ever existed on the Property; (f) whether wetlands, as defined by federal or state law or regulation, are on the Property; and (g) whether threatened or endangered species or their habitat are on the Property. (Describe any exceptions to (a)-(g) in Paragraph 11 or an addendum.) B. Each written lease Seller is to furnish to Buyer under this contract must be in full force and effect according to its terms without amendment or modification that is not disclosed to Buyer in writing. Seller must disclose, in writing, to Buyer if any of the following exist at the time Seller provides the leases to Buyer or subsequently occur before closing: (1) any modifications, amendments, or default by landlord or tenant under the leases; (2) any failure by Seller to comply with Seller's obligations under the leases; (3) any circumstances under the lease that entitle the tenant to terminate the lease or seek any offsets or damages; (4) any non-occupancy of the leased premises by a tenant; (TAR-1802) 11-5-99 Inilial'" 10' identification by Buye' 1m and SeDe' .al:.. lilt. TAR, P.O. Box 2246, Austin, TX 78768-2246 Page 7 of .- Commercial Unimproved Contract Concerning (5) any advance sums paid by a tenant under the lease; (6) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (7) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or laken subject 10 under this contract. 19. NOTICES: All notices between the parties under this contract must be in writirlg and are effective when hand-delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to: Seller at Phone Fax 20. FEDERAL TAX REQUIREMENT: If Seller is a "foreign person" as defined by applicable law, or if Seller fails to deliver at closing an affidavit that Seller is not a foreign person, then Buyer will withhold from the sales proceeds at closing any amount sufficient to comply with applicable tax law and deliver the amount withheld to the Internal Revenue Service (IRS), together with appropriate tax forms. IRS regulations require filing written reports if cash in excess of specified amounts is received in the transaction. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. B. This contract is to be construed in accordance with the laws of the State of Texas. C. . This contract contains the entire agreement of the parties and may not be changed except by written agreement. D. If 'this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively; constitute one agreement. E. Buyer 0 may 0 may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract. ". F. Addenda which are part of this contract are: (Check all that apply.) [J (1) Property Description Exhibit identified in Paragraph 2; o (2) Financing Addendum; o (3) Commercial Property Condition Statement; o (4) Notice to Purchaser of Real Property in a Water District; o (5) Addendum for Coastal Area Property; o (6) Addendum for Property Located Seaward of the Gulf Intracoastal Waterway; and o (7) 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract lor the purpose of performance of all obligations is the date the escrow agent receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. (TAR-1802) 11-5-99 () ?f\ij Initialed for Identification by Buyer -+-J 4. and Seller tlL, II If TAR, P.O. Box 2246, Austin, TX 78768-2246 Page 8 of 9 - Commercial Unimproved Contract Concerning C. If Ihe Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, ~33.135 of the Texas Natural Resources Code requires a notice regarding coastal area property 10 be included as part of Ihis contract. D. If Ihe Property Is localed seaward of Ihe Gulf Intracoastal Waterway, ~61.025, Texas Nalural Resources Code, requires a noUce regarding the seaward 10caUon of the Property 10 be included as part of this contract. E. If Ihe Property is located outside the limits of a municipality, the Property may now or later be included in the extra-territorial Jurisdiction (ETJ) of a munlclpallly and may now or laler be subject to annexation by the municipality. Each mUlllclpallly maintains a lTIap that depicts its boundaries and ET J. To determine lithe Property Is located within a municipality's ET J. Buyer should contact all municipalities locate~ In the general proximity of the Property for further information. F. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Selection of inspectors and repairmen is the responsibility of Buyer and not the brokers. 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts by 5:00 p.m.. in the time zone in which the Property is located, on the offer will lapse and become null and void. This is a legally binding contract. READ tT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Buyer Seller's Allorney d Xller dl~~ >'''er {~~ AGREEMENT BETWEEN BRO,KERS Listing Broker agrees to pay (Other Broker) a fee of $ or _ % of Ihe sales price when the Listing Broker's fee is received. Escrow agent is authorized and directed to pay Other Broker from Listing Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers, Other Broker license No. By: Other Broker's Address Phone Fax Phone Fax listing Broker License No. By: Listing Broker's Address ESCROW RECEIPT Escrow agent acknowledges receipt of: o A. the contract on this day o B. earnest money in the amount of $ (effective date); on this day in the form of Escrow Agent By: Phone Fax Address: IT" 0 . an',)\ 1 Ll:_CC TAFt P.O. Box 2246. Austin. TX 78768.2246. Page 9 . 1 ------------- ----- ------------.. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Requested By: Stephen L. Barr Source of Funds: Fund 001 Department: Parks & Recreation Department Acc't Number: Report: _Resolution: _Ordinance: X Amount Budgeted: $1,433,000 Exhibits: Amended Project Cooperation Agreement Amount Requested: $45,600 Exhibits: Bud eted Item: YES X NO SUMMARY & RECOMMENDATION City Council approved a Project Cooperation Agreement with the Texas General Land Office (TGLO) to partially fund the Sylvan Beach Shoreline Protection and Beach Nourishment Project through the Coastal Erosion Planning and Response Act (CEPRA). The project is underway and there were two change orders identified that warrant correction. Item #1 is an increase in materials required due to bottom scouring caused by Hurricane Ike. Item #2 is to re- route a previously unidentified storm sewer line whose outfall is located within the south beach area. The City's share, as Qualified Project Partner, is $45,600 which was previously approved at the September 14th City Council meeting. Staff recommends approval of the amendment to the Project Cooperation Agreement to continue moving the project forward. Substantial project completion is estimated to be in mid-November 2009, and completely finished by December 2009. Action Required bv Council: Consider approval of: AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDMENT TO THE JECT COOPERATION AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS GENERAL OFFICE TO FUND CONSTRUCTION CHANGE ORDERS FOR THE SYLVAN BEACH SHORELINE ECTION AND BEACH NOURISHMENT PROJECT ACCORDING TO THE TERMS OF THE DMENT PROVIDED. ouncil A euda to Date ORDINANCE NO. 2009--.3..193 AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDED PROJECT COOPERATION AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS GENERAL LAND OFFICE TO FUND CONSTRUCTION CHANGE ORDERS FOR THE SYLVAN BEACH SHORELINE PROTECTION AND BEACH NOURISHMENT PROJECT ACCORDING TO THE TERMS OF THE AGREEMENT PROVIDED; APPROPRIATING ADDITIONAL FUNDING OF $45,600.00 FOR A TOTAL OF $1,478,933.00 TO FUND SAID 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 BY1HE CITY COUNCIL OF1HE CITY OF LA POR1E: 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. The City Council appropriates additional funding in the sum not to exceed $45,600 for the Sylvan Beach Shoreline Protection and Beach Nourishment from the 001 General Fund Balance as approved by the City Council at its September 14, 2009 meeting, to fund the City's share of said Agreement. 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 Page 1 of2 notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 12th day of OCTOBER 2009. CITY OF LA PORTE By: ATTEST: Lnl&iAA~H Martha Gillett, City Secretary APPROVED AS TO FORM: c1d:~ 7~ Assistant City Attorney Page 2 of2 Exhibit 1 Project Cooperation Agreement Amendment #3 T 1::7 X. i\ ~ idt 2, .J..~ 0 (Jr JE 1~ JE R }\ JL JL}\ ~ [) {) li<i~ 11\ J1 (~~ li3: JERRY PATTERSON, COMMISSIONER September 28, 2009 Mr. Stephen L. Barr Parks and Recreation Department City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571-6215 RE: Amendment No.3 to General Land Office Contract No. 08-090-000-1239 Dear Mr. Barr: Enclosed are duplicate original Amendments to the GLO Contract between the City of La Porte and the Texas General Land Office, as referenced above. Please have them both signed by an official authorized to bind the City, and return them both to me (envelope provided). I will have them finally executed and will promptly return one to you for your files. If you have any questions, please do not hesitate to contact me at (512) 463-4591, or via electronic mail at kerri.danieli@glo.state.tx.us. Sincerely, f\ t: -ea0 )j~~ Kerri Danieli - Support Services Legal Services Division KD/kd enclosures Kerri Danieli - Support Services Texas General Land Office Legal Services Division - Mail Code 158 PO BOX 12873 Austin, TX 78711-2873 or 1700 N. Congress Ave. - Mail Code 158 Austin, TX 78701 Stephen F. Austin Building - 1700 North Congress Avenue -Austin, Texas 78701-1495 Post Office Box 12873 - Austin, Texas 78711-2873 512-463-5001 - 800-998-4GLO www.glo.state.tx.us TCEX \'~"\ -1 ~'" ~ "", " ~d 2::.., .J..' ;:j (} ENEIR}~L ]L1j~N']L) ie' -'j\ lq ]q\ T[ C~ I[:;: ..)J 1.l _1 .L l_~ -'_ .....j JERRY PATTERSON, COMMISSIONER October 23, 2009 RECEIVED NOV 0 3 2009' CITY SECRETARY'S o,"CE Mr. Stephen Barr Parks and Recreation Department City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571-6215 Re: Amendment No.3 to GLO Contract No. 08-090-000-1239 Dear Mr. Barr: Enclosed for your files is one fully executed Amendment to your Contract with the General Land Office, as referenced above. Please do not hesitate to contact me if you have any questions. I can be reached at (512) 463-4591, or via electronic mail at kerri.danieli@glo.state.tx.us. Sincerely you~, ! ~~~ ~-rianieli - Support Services Legal Services Division KD/kd enclosure Stephen F. Austin Building. 1700 North Congress Avenue. Austin, Texas 78701-1495 Post Office Box 12873 . Austin, Texas 78711-2873 512-463-5001 . 800-998-4GLO .www.glo.state.tx.us PROJECT COOPERATION AGREEMENT FOR FINAL DESIGN, BIDDING AND CONSTRUCTION FUNDING FOR SYLVAN BEACH SHORELINE PROTECTION AND BEACH NOURISHMENT GLO CONTRACT No. 08-090-000-1239 CEPRA PROJECT NO. 1404 AMENDMENT No.3 The GENERAL LAND OFFICE (GLO) and the CITY OF LA PORTE, TEXAS (Qualified Project Partner), parties to that certain Project Cooperation Agreement (Agreement) effective February 1, 2008, and denominated GLO Contract No. 08-090-000-1239, as amended, now desire to further amend the Agreement. WHEREAS, due to revisions in the construction plan, the parties desire to add funding to allow for successful completion of the Project; Now THEREFORE, the GLO and Qualified Project Partner hereby agree to amend and modify the Agreement as follows: 1. SECTION 1.03 of the Agreement, PROJECT BUDGET, is hereby amended and modified by replacing the existing BUDGET with the REVISED PROJECT BUDGET, attached hereto and incorporated herein for all purposes as Attachment C-2. Funding in the amount of EIGHTY-FOUR THOUSAND DOLLARS ($84,000.00) is added as follows: THIRTY-EIGHT THOUSAND FOUR HUNDRED DOLLARS ($38,400.00) from the Account, for a total amount from the Account not to exceed Two MILLION ONE HUNDRED EIGHTY-EIGHT THOUSAND FOUR HUNDRED DOLLARS ($2,188,400.00); and FORTY-FIVE THOUSAND SIX HUNDRED DOLLARS ($45,600.00) in QPP Cash Commitment, for a total QPP Cash Commitment of ONE MILLION FOUR HUNDRED SEVENTY-EIGHT THOUSAND NINE HUNDRED THIRTY-THREE DOLLARS ($1,478,933.00), for a total Agreement amount not to exceed THREE MILLION SIX HUNDRED SIXTY-SEVEN THOUSAND THREE HUNDRED THIRTY-THREE DOLLARS ($3,667,333.00) for the duration of the Agreement. 3. Except as amended and modified by this Amendment No.3, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. SIGNATURE PAGE FOLLOWS GLO Contract No. 08-090-000-1239 Amendment No.3 Page 1 ofl SIGNATURE PAGE FOR AMENDMENT No.3 UNDER GLO CONTRACT No. 08-090-000-1239 GENERAL LAND OFFICE ~ Larry L. Laine, Chief Clerk! Deputy Land Commissioner Date of execution: tJi.s.!,.~~ ...et.9.v. ~:~:~ \ ~ \ '\ -V\..:'t: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK . .. ~ ATTACHMENT C-2 GLO CONTRACT No. 08-090-000-1239 AMENDMENT No.3 REVISED PROJECT BUDGET Attachment C.... J- Contract No. OA--(Y::\(hXI) -12lf, Page \ of \ AMENDED BUDGET Sylvan Beach Shoreline Protection and Beach Nourishment Project CEPRA Project NO. 1404 ORIGINAL ADDED AMENDED CONTRACTUAL BUDGET FUNDS BUDGET Task: Construction change orders $3,583,333.00 $84,000.00 $3,667,333.00 TOT AL PROJ ECT COST NOT TO EXCEED $3,583,333.00 $84,000.00 $3,667,333.00 PROJECT COSTS QUALIFIED PROJECT PARTNER (QPP): 40% of total project costs QPP Cash Commitment (City of LaPorte. Harris County) $1,433,333.00 $45,600.00 $1,478,933.00 QPP In-kind Commitment $0.00 $0.00 $0.00 QPP's TOTAL CONTRIBUTlON* $1,433,333.00 $45,600.00 $1,478,933.00 CEPRA: 60% of total project costs CEPRA's TOTAL CONTRIBUTION $2,150,000.00 $38,400.00 $2,188,400.00 TOTAL PROJECT CONTRIBUTIONS $3,583,333.00 $84,000.00 $3,667,333.00 COST SHARING SUMMARY *' Please specify when using historically underutilizt:'d business as required by stnle law. 1404 peA Budget Page Amendment 3 8/20/20093:24 PM 1 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 12.2009 Aoorooriation Requested By: D. Wilmore Source of Funds: General Funds Department: Plllnnin~ Account Number: #001-9092-524-6021 Report: X Resolution: Ordinance: X Amount Budgeted: ~100,000 00 Amount Requested: Exhibits: List of Tabled Dangerous Buildings Budgeted Item: YES X NO Exhibits: Insoection Reoorts & Condemnation Ordinances Exhibits: Photo Prp~pntlltion SUMMARY & RECOMMENDATION On July 13,2009, Council reviewed the findings ofthe Dangerous Building Inspections Board and granted staffa public hearing date of AugustIO, 2009. At that meeting, Council condemned several structures but tabled two structures and continued the public hearing until October ]2th (60-days). The addresses of those structures are 704 So. Holmes and 40] N. 6th Street. Subsequent to the first public hearing meeting, legal notices in accordance with Article VIII; Section 82-475 of the Code Ordinances, were provided to the structure owners. While the individuals associated with 704 So. Holmes and 40] N. 6th Street were at the public hearing and are aware of the continuance granted by Council, on August 19th staff sent a letter confirming the October 12th meeting. Also, an additional reminder letter was mailed to the individuals on September 28th. September 28th photos show minimal progress on 704 So. Holmes. Owners (Tim & Mary Gomez) have advised us that their contractor was paid for the work but failed to perform. They also tell staffthey do not have funds to complete the structure and plan to meet with an attorney on the matter. On 40] N. 6th Street, our September 28th photos show no change. The owner's representative (Mary Riley) advises she has met with legal aid personnel and as of September 23rd, she completed the mailing of all the final paperwork necessary to begin the process of an ownership transfer from her parent's name to her name. At this time the ownership has not been transferred. That ownership is necessary for Ms. Riley to initiate a request for financial assistance from Harris County. The purpose of this public hearing is to receive property owner, citizen and staff comments as to why the structure should or should not be condemned and demolished. Following the close of the hearing, Council will be asked to consider condemnation of each structure. While we have been advised of their circumstances, the Board also notes the lack of progress within 6O-days. Therefore, the Board recommends passage of the condemnation ordinances on 704 S. Holmes & 401 N. 6th Street. The Finance Department confirmed the 2009/2010 budget has $100,000 in available demolition funds. Tabled Substandard Buildings List (Summer 2009 Group) At the August 10, 2009 public hearing, Council tabled these structures for 60-days and continued the public hearing until October 12,2009. 1) 704 So. Holmes (Single-family dwelling in a Low Density [R-l] zone) HCAD #: #006-111-000-0056 Legal Description: BIk. 21; Lots 57 & Trs. 56 & 58A; Bayfront Taxes Owed: -0- Mowing/Clean-Up: -0- 2) 401 N. 6th Street (Single- family dwelling in a Low Density [R -1 ] zone) H CAD #: #023 -210-000-001 7 Legal Description: BIk. 91; Lots 17 & 18; La Porte Taxes Owed: $1,473.68 (As of July 2009) Mowing/Clean-Up: -0- City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: JUNE 26, 2009 STREET ADDRESS: 704 S HOLMES HCAD OWNER: TIM 1. & MARY C. GOMEZ; 704 S HOLMES ST. LA PORTE, TX 77571-5831 DEED OWNER: MARY MOCTEZUMA AND HUSBAND TIM GOMEZ: 704 S HOLMES ST. LA PORTE. TX 77571-5831 OTHER: FIRST AMERICAN R. E. TAX SERVC; 8435 N STEMMONS 9TH FLR;DALLAS. TX 75247 TIM 1. GOMEZ; 1026 S 6TH # 18, LA PORTE, TX 77571 OTHER: LEGAL: L T 57. TRS 56 & 58A. BLK 21, BA YFRONT TO LA PORTE OCCUPANCY TYPE: RESIDENTIAL ZONING: R-I NON-CONFORMING ISSUES: N/ A GAS: Il2I Il2I ELECTRICAL: Il2I Il2I SEWER: FACILITIES AVAILABLE: WATER: NO.OF DWELLING UNITS: VACANT: Il2I OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all ofthe following is applicable: Il2I 1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; Il2I 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion ofthe ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; Il2I 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; DANGEROUS BUILIDINGS INPSECTlON FORM 2 Ii2l 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to ( c) enable persons to resort thereto for the purpose of committing unlawful acts; o 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; o 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all ofthe following is applicable: Ii) I. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended; 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; Ii2l 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; Ii) 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: OPTION # 1. (REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS. THE 2006 INTERNATIONAL RESIDENTIAL CODE AND THE 2008 NATIONAL ELECTRICAL CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY ORDINANCES # 04-2700. #96-2700-K AND #96-2079-L. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT STILL PREPAIRABLE. ALL REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT VOMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS THEN THE OPINION OF THE BOARD THAT THIS BUILDING BE DEMOLISHED. X BUILDING OFFICIAL'S OFFICE DATE X FIRE MARSHAL'S OFFICE DATE X FIRE CHIEF'S OFFICE DATE DANGEROUS BUILlDINGS INPSECTION FORM 3 BUILDING EV ALUA nON CHECKLIST A = Adequate D = Deficient I. STRUCTURAL A. Foundation 1. Slab N/ A 2. Pier & Beam a. Footings D b. Sills UNK c. Joists UNK Walls 1. Exterior D 2. Interior D Means of Egress 1. Doors a. Interior D b. Exterior D 2. Porches, Steps, Stairs D 3. Windows D D. Roof 1. Rafters D 2. Deck, Shingles D E. Ceilings 1. Joists D 2. Ceiling N/ A F. Floors D G. Other N/A II. MEHCANICAL SYSTEMS A. Electrical I. Service Entrance & Panel D 2. Wiring D 3. Lights, Switches D 4. Outlets D 5. Other N/A B. Plumbing 1. Fixtures a. Sink N/ A b. Lavatories N/ A c. Water/Closets N/A d. Tub/Shower N/ A e. Water Heater UNK 2. Water Piping UNK 3. Drain, Waste & Vent UNK 4. Sewer/Septic tank UNK 5. Gas System UNK C. Heating & AlC 1. Heating N/ A 2. Air Conditioning N/ A 111. PROPERTY CONDITIONS 1. Accessory Structures N/ A 2. Condition of Grounds D 3. Other Comments: Fire Date September 26. 2008 N/ A = Not Applicable COMMENT / EXPLANATION N/A NOT LEVEL NOT VISIBLE NOT VISIBLE FIRE DAMAGED FIRE DAMAGED STUDS REMOVED FRONT DOOR MISSING. DOOR HEADER FIRE DAMAGED CRACKED BROKEN FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED REMOVED FIRE DAMAGED N/A FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED N/A NOT IN HOUSE NOT IN HOUSE NOT IN HOUSE NOT IN HOUSE NEED TO CHECK FOR FIRE DAMAGE NEED TO CHECK FOR FIRE DAMAGE NEED TO CHECK FOR FIRE DAMAGE UNKNOWN UNKNOWN N/A N/A N/A WEEDS. DEBRIS S:\CPShare\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\DANG BLDG INSP FORM2.doc 02-2004 Rev ACTION OF CITY COUNCIL On this, the day of , the City Secretary ofthe City of La Porte, having received the above and foregoing report from the Dangerous Building Inspection Board of the City of La Porte, the City Secretary ofthe City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of the City's Code of Ordinances Article VIII, Section 82-478. CITY OF LA PORTE By: Mayor ATTEST: City Secretary CITY SECRETARY'S CERTIFICATE I hereby certify that on the day of , _, I mailed a notice to the above named owner, in connection with the above referenced property, said notice being in accordance with City's Code of Ordinances Article VIII, Section 82-478. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. Martha Gillett, TRMC, CMC City Secretary S:\City Planning Share\04-INSPECTIONS DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\Action by City Council Form.doc /1ddiv #l&Ji~ ORDINANCE NO. 2oo9-31G ~ 1: ::J~ Utf AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 21; Lt 57. Trs 56 & 58A; Bayfront to La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Tim J. & Mary C. Gomez. ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council ofthe City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82-474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to 'the attention of the Board that the building(s) located on Blk 21; Lt 57. Trs 56 & 58A; Bayfront to La Porte. which is further described as 704 South Holmes, Harris County, Texas, has, for the reason of neglect or misuse, been allowed to Ordinance No. 2009- Page 2 deteriorate into a condition of decay or partial ruin or has become a public nuisance or hazard, as defined in Section 82-473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board has heretofore made and filed its written report, June 26, 2009 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, Tim J. & Mary C. Gomez, whose address is 704 South Holmes S1.: La Porte, TX 77571-5831, and Tim J. Gomez, whose address is 1026 South 6th St. #18: La Porte, TX 77571, that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on August 10,2009 at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on July 21, 2009 (South 6th Address) and Post Office forwarded to P.o. Box 365, La Porte, TX 77572-0365 on July 27,2009 (South Holmes Address), a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on October 12, 2009 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: Page 3 Ordinance No. 2009- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building(s) to be a nuisance, and orders such building(s) condemned. Section 4. The City Council hereby finds, determines and declares that Tim J. & Mary C. Gomez, who resides at 704 South Holmes St.: La Porte, TX 77571-5831 and Tim J. Gomez, who resides at 1026 South 6th St. #18: La Porte, TX 77571, and are the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said Tim J. & Mary C. Gomez have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Tim J. & Mary C. Gomez to entirely remove or tear down such building(s), and further orders the said Tim J. & Mary C. Gomez to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within thirty (30) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more conspicuous places on the exterior of the building(s), which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy ofthis Ordinance, to the record owner(s) of said property, the said Tim J. & Mary C. Gomez, by registered mail, return receipt requested. Section 8. Should the said Tim J. & Marv C. Gomez not comply with the orders contained in this Ordinance relating to the removal or demolition of such building( s) within thirty (30) days after hereof, then the Board of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building(s) to be Ordinance No. 2009- Page 4 removed or demolished without delay, and the expenses of such procedure shall be charged against the said Tim J. & Mary C. Gomez record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building( s), and made lien thereon. Section 9. The City Council officially finds, determines, and 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 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of , 2009. CITY OF LA PORTE By: Mayor ATTEST: City Secretary AP~4T~ Attorney City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: June 26, 2009 STREET ADDRESS: 401 N 6TH ST HCAD OWNER: GEORGE EUGENE RILEY; 904 S KANSAS ST, LA PORTE, TX 77571-5808 DEED OWNER: EUGENIA MAE RILEY CIO GEORGE EUGENE RILEY; 904 S KANSAS ST, LA PORTE, TX 77571-5808 LEGAL: LOTS 17, 18, BLK 91: LA PORTE OCCUPANCY TYPE: RESIDENTAL ZONING: R-l NON-CONFORMING ISSUES: NIA ELECTRICAL: Ii) Ii) SEWER: GAS: Ii) Ii) FACILITIES AVAILABLE: WATER: NO.OF DWELLING UNITS: VACANT: Ii] OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: Ii) 1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; Ii) 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion ofthe ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; Ii) 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; DANGEROUS BUILDINGS INSPECTIONS FORM PAGE 2 1;2) 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; 1;2) 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; f.iZI 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mecbanical installations. A building or structure sball be considered dangerous or substandard wbenever it is determined by tbe Board, tbat any or all oftbe following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to function as originally intended; fail or 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; f.iZI 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; f.i2] 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: SELECT OPTION #: 1. (REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS. THE 2006 INTERNATIONAL RESIDENTIAL CODE AND THE 2008 NATIONAL ELECTRICAL CODE, AS ADOPTED, AMENDED AND ENACTED BY CITY ORDINANCES #04-2700, #96-2700-K AND #96-2079-L. USING THE REGULATIONS AND CODE AS ITS GUIDE, IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS, BUT STILL REPAIRABLE. AL REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII, SECTION 82-478, IT IS THEN THE OPINION OF THE BOARD THAT THIS BUILDING BE DEMOLISHED. X BUILDING OFFICIAL'S OFFICE DATE X FIRE MARSHAL'S OFFICE DATE X FIRE CHIEF'S OFFICE DATE I. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a. Footings b. Sills c. Joists B. Walls 1. Exteri or 2. Interior Means of Egress 1. Doors a. Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other II. MEHCANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel 2. Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing 1. Fixtures a. Sink b. Lavatories c. Water/Closets d. Tub/Shower e. Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC I. Heating 2. Air Conditioning III. PROPERTY CONDITIONS 1. Accessory Structures N/ A 2. Condition of Grounds ~ 3. Other Comments: Date of Fire October 12,2005 DANGEROUS BUILDINGS INSPECTIONS FORM A = Adequate PAGE 3 BUILDING EVALUATION CHECKLIST D = Deficient N/ A = Not Applicable COMMENT / EXPLANATION UNK UNABLE TO INSPECT N/A N/A ~ N/A N/A N/A UNK UNK UNABLE TO INSPECT UNABLE TO INSPECT UNK UNK UNABLE TO INSPECT UNABLE TO INSPECT L- L- ~ ~ FIRE DAMAGE POOR CONDITION UNK ~ L- N/A UNABLE TO INSPECT HOLES VISIBLE THRU 1 WINDOW /DOOR N/A D UNK UNK UNK N/A NO DEADFRONT; BROKEN CONDUIT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT N/A UNK UNK UNK UNK UNK UNK UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNK UNK UNK UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNK UNK UNABLE TO INSPECT UNABLE TO INSPECT N/A WEEDS, DEBRIS & DOWNED TREE S:\CPSharc\INSPECTION DIVlSION\ALL OTHER STUFF\Codc Enforccmcnt\Dang Buildings\DANG BLDG INSP FORMl.doc 02-2004 Rev ACTION OF CITY COUNCIL On this, the day of " the City Secretary ofthe City of La Porte, having received the above and foregoing report from the Dangerous Building Inspection Board ofthe City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of the City's Code of Ordinances Article VIII, Section 82-478. CITY OF LA PORTE By: Mayor ATTEST: City Secretary CITY SECRETARY'S CERTIFICATE I hereby certify that on the day of , _, I mailed a notice to the above named owner, in connection with the above referenced property, said notice being in accordance with City's Code of Ordinances Article VIII, Section 82-478. A copy of said notice is attached hereto. Said notice included a copy ofthe Dangerous Building Inspection Form attached hereto. Martha Gillett, TRMC, CMC City Secretary S:\City Planning Share\04-INSPECTIONS DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\Action by City Council Form.doc ORDINANCE NO. 2009- 3/ [j, c; AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Elk 9t Lots 17, 18, La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley, ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82-474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board that the building(s) located on Elk 91 ~ Lots 17, 18, La Porte, which is further described as 401 N 6th Street, Harris County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a Ordinance No. 2009- Page 2 condition of decay or partial ruin or has become a public nuisance or hazard, as defined in Section 82-473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board has heretofore made and filed its written report, June 26, 2009 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, George Eugene Riley, whose address is 904 S Kansas St.; La Porte, TX 77571- 5808 and Eugenia Mae Riley c/o George Eugene Riley, whose address is 904 S Kansas St.; La Porte, TX 77571-5808, that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on August 10,2009 at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which notices were "undelivered", Post Office attempted (2) deliveries by 7-22-09 (George E. Riley) & Post Office attempted (2) deliveries by 7-23-09 (Eugenina M. Riley % George E. Riley), a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on October 12,2009 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: Page 3 Ordinance No. 2009- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building(s) to be a nuisance, and orders such building( s) condemned. Section 4. The City Council hereby finds, determines and declares that George Eugene Riley, who resides at 904 S Kansas St.: La Porte, TX 77571-5808 and Eugenia Mae Riley c/o George Eugene Riley, who resides at 904 S Kansas St.: La Porte, TX 77571-5808 and are the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley to entirely remove or tear down such building(s), and further orders the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within thirty (30) days from the effective date of this ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more conspicuous places on the exterior of the building(s), which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property, the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley, by registered mail, return receipt requested. Ordinance No. 2009- Page 4 Section 8. Should the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley not comply with the orders contained in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days after hereof, then the Board of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley, record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building(s), and made lien thereon. Section 9. The City Council officially finds, determines, and 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 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the day of , 2009. CITY OF LA PORTE By: Mayor ATTEST: City Secretary APPR~7 ~ City Attorney (/) -i-i I:AJ -omc C)>nc OJc-i-o IG)CO nc~~ I(/)(/)~ -i m ~~~o :AJOOJz .... I ZNm G)OO o \D~ '-J o \J ~ C l/') ~OCJ~ n~~--i ::r:~o::r: mZ;o::r: )>)>mo ;0, , Z s: G) ~ ~ j n C'-J :;00 :;o~ rn (/) Z:c -10 (/). ~~ ~rn C(/) (/) ~ -0 0 C ~ OJ 0 Z r- OJ 0 - ~ n m - -n ~ G) :I: 0 -f - mz ~ :I: ):>):> m 0) ~r- -I - I Z Vl G) -f n+:==- cS ::Oz ~o Z::o -i-i Vl::r: ~~ :....t :c CVl Vl-i ---------- 9 .._~------- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested October 12, 2009 Requested By Barry Beasley Appropriation Source of Funds: Department: Hayor a1l.Q Ci~' CO'lucil Account Number: Report: Resolution: X Ordinance: Amount Budgeted: Exhibits: HGAC Letter Amount Requested: Budgeted Item: YES NO Exhibits: Exhibits: Resolution SUMMARY & RECOMMENDATION Consider resolution appointing members to the HGAC General Assembly and Board of Directors. and an alternate to the HGAC 2010 General Assembly and Board of Directors. {b Date .' Houston-Galveston Area Council Office of the Executive Director September 24,2009 >>C) i,;;;" /(." r,-. .., . ff"'\ ~ ',~,:Jt p;~ ;} The Honorable Barry Beasley Mayor, City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 SEP 2 5 2009 CITY SECRE1AFfY'S OFFIce Dear Mayor Beasley: I am writing regarding the appointment of La Porte's representative to H-GAC's 2010 General Assembly and Board of Directors. H-GAC's Bylaws authorize each member city with a population of at least 25,000 but not in excess of 99,999 according to the last preceding Federal Census (2000) to select one member of its governing body as its representative and one member of its governing body as an alternate to the H-GAC General Assembly. H-GAC's Bylaws also stipulate that your Board of Directors representative shall be the General Assembly delegate. Therefore, the official chosen to serve as the General Assembly representative will also be designated to serve on H-GAC's Board of Directors. I have enclosed the appropriate form for your convenience. The 2010 designated representatives begin their terms of office at the first of January. If more information concerning General Assembly and Board of Directors membership would be useful, please contact me or Mary Spain of the staff. Thanks for your help in selecting H-GAC's 2010 General Assembly and Board of Directors. Sincerely, ~ Jack Steele JS/ndg Enclosure cc: City Secretary Mailing Address PO Box 22777 Houston, Texas 77227-2777 Phone 713-627-3200 o Physical Address 3555 Timmons Lane, Suite 120 Houston , Texas 77027-6466 Phone 713-627-3200 Recycled DESIGNATION OF REPRESENTATIVES HOUSTON-GAL VEST ON AREA COUNCIL 2010 GENERAL ASSEMBLY AND BOARD OF DIRECTORS ********************************* ~OO'1-JD BE IT RESOLVED, by the City Council of La Porte, Texas that the following be and are hereby designated as the representative and alternate of the General Assembly of the Houston-Galveston Area Council for the year 2010: ALTERNATE REPRESENTATIVE FURTHER THAT, they are hereby, designated as the representative and alternate to the Board of Directors of the Houston-Galveston Area Council for the year 2010. THAT, the Executive Director of the Houston-Galveston Area Council designation of the hereinabove named delegate and alternate. PASSED AND ADOPTED, this the [may of _Or:..)p)l~A) be notified of the ,2009. ATTEST: L1f] ~tL P'1d/l 9 .._~------- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested October 12, 2009 Requested By Barry Beasley Appropriation Source of Funds: Department: Hayor a1l.Q Ci~' CO'lucil Account Number: Report: Resolution: X Ordinance: Amount Budgeted: Exhibits: HGAC Letter Amount Requested: Budgeted Item: YES NO Exhibits: Exhibits: Resolution SUMMARY & RECOMMENDATION Consider resolution appointing members to the HGAC General Assembly and Board of Directors. and an alternate to the HGAC 2010 General Assembly and Board of Directors. {b Date .' Houston-Galveston Area Council Office of the Executive Director September 24,2009 >>C) i,;;;" /(." r,-. .., . ff"'\ ~ ',~,:Jt p;~ ;} The Honorable Barry Beasley Mayor, City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 SEP 2 5 2009 CITY SECRE1AFfY'S OFFIce Dear Mayor Beasley: I am writing regarding the appointment of La Porte's representative to H-GAC's 2010 General Assembly and Board of Directors. H-GAC's Bylaws authorize each member city with a population of at least 25,000 but not in excess of 99,999 according to the last preceding Federal Census (2000) to select one member of its governing body as its representative and one member of its governing body as an alternate to the H-GAC General Assembly. H-GAC's Bylaws also stipulate that your Board of Directors representative shall be the General Assembly delegate. Therefore, the official chosen to serve as the General Assembly representative will also be designated to serve on H-GAC's Board of Directors. I have enclosed the appropriate form for your convenience. The 2010 designated representatives begin their terms of office at the first of January. If more information concerning General Assembly and Board of Directors membership would be useful, please contact me or Mary Spain of the staff. Thanks for your help in selecting H-GAC's 2010 General Assembly and Board of Directors. Sincerely, ~ Jack Steele JS/ndg Enclosure cc: City Secretary Mailing Address PO Box 22777 Houston, Texas 77227-2777 Phone 713-627-3200 o Physical Address 3555 Timmons Lane, Suite 120 Houston , Texas 77027-6466 Phone 713-627-3200 Recycled DESIGNATION OF REPRESENTATIVES HOUSTON-GAL VEST ON AREA COUNCIL 2010 GENERAL ASSEMBLY AND BOARD OF DIRECTORS ********************************* ~OO'1-JD BE IT RESOLVED, by the City Council of La Porte, Texas that the following be and are hereby designated as the representative and alternate of the General Assembly of the Houston-Galveston Area Council for the year 2010: ALTERNATE REPRESENTATIVE FURTHER THAT, they are hereby, designated as the representative and alternate to the Board of Directors of the Houston-Galveston Area Council for the year 2010. THAT, the Executive Director of the Houston-Galveston Area Council designation of the hereinabove named delegate and alternate. PASSED AND ADOPTED, this the [may of _Or:..)p)l~A) be notified of the ,2009. ATTEST: L1f] ~tL P'1d/l 10 CITY COUNCIL DRAINAGE REPORT OCTOBER 12,2009 Klotz Design and Contract Construction . Design of Sheet Flow Relief Structure Improvements to Creekmont, Fairmont Park West, Brookglen and Fairmont Park East. Design is 95% complete. Staff is currently reviewing plans and identifying needed easements for construction. Affected property owners have been notified by letter of the easement requests, and need for acquisition. Survey of required easements will begin after initial contact with residents. Individual, on-site meetings were held with 20 owners of easements along proposed sheet flow paths to advise them of upcoming construction and to hear their concerns. Meetings are going well. The final 6 have been scheduled. Follow-up meetings have been held where easement is necessary. Order of construction priority determined and mapped. . Drainage Study of Brookglen. HCFCD made application for next Pre-Disaster Mitigation (PDM) program. 30 homes included. We provided recommendations to HCFCD regarding priority properties, based upon slab elevations and neighborhood integrity while taking into account effect of proposed improvements. Received proposal for final design and phased construction services of three proposed detention facilities. Consultant will produce preliminary engineering reports and models based upon associated channel improvements proposed; design detention systems with appropriate alternates and obtain approvals; conduct bid and construction phase processes. . Fairmont Park East. Proposal to prepare a Preliminary Engineering Report (PER) for design and construction of improvements along Fleetwood and adjacent streets was approved by Council on September 14, 2009. The PER will take approximately four (4) months to complete. Once an alternative is selected, it is expected to present a proposal to perform Final Design and Construction Phase Services for the construction of the recommended improvements. In-House Design and Construction ofProiects Identified in the Drainage Master Plan. . Farrington at B106-00-00. Design complete. Construction was scheduled for August, but has been moved to October. . Valleybrook (Glen Meadows). Designed as a sheet flow path through property scheduled for Federal Buy-Out, the property owner has declined the buy-out, rendering the design moot. Staff has contacted residents on both sides of the proposed outfall - they are willing to move fences and allow a concrete flume to be constructed. Survey is complete and In-house design is underway. . Creekmont Park Outfall. Storm system tie-in to Harris County's Precinct 2 - 72" storm sewer trunk line at North "H" Street is 1005 complete and is functioning. City Personnel have re-graded the park to facilitate flow of storm runoff to the "H" street system. This Project is substantially complete, with minor grading remaining in the Park. In-House Design and Construction of City-initiated Projects. . South La Porte Bay Outfalls. Drainage area mapped and potential outfalls identified along South Broadway south of Fairmont Parkway. Oakhurst Street selected as the initial project due to available ROW, central location and the shortest avenue to the Bay. Design is 100% complete. Plans have been circulated to affect utilities for possible relocation prior to bidding and construction. Expect to bid the Project in late November or early December. . South La Porte Drainage Maintenance Plan. The subdivisions along and east of South Broadway south of Fairmont Parkway will be surveyed and mapped, necessary improvements designed and constructed. This is an ongoing effort and will begin upon completion of South La Porte Bay Outfalls. In-House Drainage Maintenance Activities. . Bayside Terrace. This Project is complete. . Dwire and Bay Oaks. This Project is complete. . Bay Colony. Engineering has completed design - under review by Public Works. This Project is scheduled to begin after several minor projects and complaints have been addressed. Expect to begin construction in November. . North and South Shady Lane. Upon completion of Creekmont Park Project, personnel will proceed to North and South Shady River to re-inspect culverts and open gravity drainage systems for debris from residents in the process of restoring homes. The open ditch gravity system flow lines will be reestablished as necessary. . Lobit/PHA Pre-check Facility. Staff met with PHA to discuss drainage obstructed by construction of sound wall on the south side of the Barbour's Cut Pre-check Facility. Preliminary agreement by PHA to reestablish drainage in existing drainage easement. Staff has also requested PHA to penetrate the sound wall with culverts (wall foundation is substantial). Future work is included in the upcoming CIP to redirect some storm water from this area to East Main, eventually outfalling into Bob's Gully in Morgan's Point. . Total draina2e maintenance completed in AU2ust . Cleaning of Ditches 2,975 LF . Resetting culverts 997 LF . Inlet installation/repairs 12 ea . Culvert Maintenance/cleaning 362 LF Routine maintenance of drainage systems throughout the city continues. These activities include ongoing drainage maintenance activities to reestablish flow lines and cleaning culverts, inspection and cleaning of existing underground storm sewer systems. . 11/12 A -.---- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Oct 12. 2009 Requested By: Ron Bottoms Budeet Source of Funds: Department: Administration Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: PowerPoint Presentation Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Clark Condon and Associates have completed their needs assessment regarding a community/convention center venue. This presentation will provide the results, as well as, the pros and cons of each of the options that will be laid out for you. ~ {'So /o~ Date n -0 lI) .-0 - , ,..... ,..,. r- -< ,::;. OJ '"- -- ~ 0- n::::ro:::-: on :::rn 3~~~ n ro Q ro -. 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Q) n Vi -< r+ c ~ ""<::: , n Q) \J - (1) ^ Q.. "D <:: OJ <: -. ~ N ~ ro C',W """ OJ o:J au ro au :::J " ::J B ------------- ____--"-0 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Oct 12. 2009 Requested By: Ron Bottoms Budl!et Source of Funds: 037-5004 Department: Administration Account Number: Report: Resolution: Ordinance: Amount Budgeted: 0 Exhibits: Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Clark Condon and Associates have completed their needs assessment regarding a community/convention center venue. Armed with this information, I would like to discuss the options regarding moving forward with establishing, or reestablishing, this venue in our community. The options as I see them are as follows: (The first two options address the current Sylvan Beach Pavilion which the County has stated that they would require that it be elevated out of the flood surge zone, at an estimated cost of $1.5 Million; all options only include the cost of the building) 1) Elevate and repair the existing Sylvan Beach Pavilion: Estimated cost $3.4 Million 2) Elevate, repair and construct additional facilities to meet the identified needs of the community: Estimated cost $6.3 Million 3) Construct a new facility based on the identified needs of the community on County property, either at the current site or on the north end of their property: Estimated cost $4.5 Million 4) Construct a new facility based on the identified needs of the community on City property: Estimated cost $4.5 Million 5) Terminate the Sylvan Beach Pavilion lease (90 day out) and do nothing. Note: None of these options include anticipated County financial participation, which we hope to have for you when we make this presentation. The pros and cons of each of the options have been laid out for you during the Clark Condon presentation. An additional issue that needs to be discussed is the unsolicited proposal that we received to operate the Pavilion as a banquet facility. The proposal does call for the injection of private capital to rehabilitate the existing pavilion, with the city being responsible for maintaining the storm water pumps. It also asks for a long term lease at the same terms that we have with the County ($O/year). In return the facility would be operated as a banquet facility, but would be made available to the City, at no cost, during off peak times (weekdays). However, with the County's requirement that the structure be elevated, at an estimated cost of $1.5 Million, the operator has stated that if he is required to pay for this cost that his proposal is no longer valid. Action Reauired bv Council: . rection to staff. If> ~ ~? Ron Bottoms, City Manager Date MEETING HANDOUTS