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Home My WebLink About2009-11-09 Regular Meeting of La Porte City Council 5 -,..... ".-.- ~-"-_.'....------,,"_.,--"- .-....----.- A MINUTES OF REGULAR MEETING OF THE LA PORTE CITY COUNCIL NOVEMBER 9, 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, Councilmembers Louis Rigby, Mike Clausen, Tommy Moser, John Black, Daryl Leonard, Mike Mosteit and Chuck Engelken Members of Council Absent: None Members of City Executive Staff and City Employees Present: City Manager's Office: Ron Bottoms, Melisa Lanclos and John Joerns Legal: Clark Askins City Secretary's Office: Martha Gillett and Robin Eldridge Public Works: Steve Gillett Planning: Debbie Wilmore, Rodney Slaton, Masood Malik and Isaac Rodriguez Police Department: Ken Adcox, Gary Chastain, Chris Paige and Matt Daeumer Finance: Michael Dolby Parks and Recreation: Stephen Barr Main Street: Stacey Osborne Fire: Mike Boaze and Donald Ladd EOC: Jeff Suggs Others Present: Adam Yanelli of Bayshore Sun, Reverend Dee Spears, Dottie Kaminski, John Paul Zemanek, Cheryl Daeumer, Richard Warren, Don Hill, Orville Burgess, David Janda, Philip Hoot, Sonya Perez, Yvonne Moore, John and Carolynette Perego, Ted Powell, and other citizens. 2. Invocation was given by Reverend Dee Spears. 3. Councilmember Mike Mosteit led the Pledge of Allegiance. 4. Presentations/Proclamations Councilmember John Black and Sonya Perez of A T& T recognized Mayor Beasley for receiving the "Outstanding Whitacre Award" from AT&T. Mayor Beasley presented a proclamation for "Troop 7158 Girl Scout Bronze Award Recipients Day". Mayor Beasley presented a proclamation for "Supporting the Conduction of the 2010 United States Census Bureau Count". Minutes of Regular Meeting of La Porte City Council on November 9, 2009 2 5. Consent agenda - Any item may be removed by a Councilperson for discussion A. Council to consider approval or other action of minutes of Regular Meeting, Public Hearing and Workshop Meeting held on October 26, 2009 - M. Gillett B. Council to consider approval or other action accepting a grant award from the Texas Department of Emergency Management - J. Suggs C. Council to consider approval or other action authorizing the City Manager to enter into second phase of the computer lease agreement with Dell Co. for laptop and desktop computers - J. Suggs D. Council to consider approval or other action regarding a resolution declaring intention to reimburse certain expenditures for future projects including drainage, community center, public works improvements and park improvements - (Res. 2009-13) - M. Dolby E. Council to consider approval or other action awarding bid for replacement of roof for Brookglen Pool- S. Barr F. Council to consider approval or other action awarding bid for the demolition of the Sylvan Beach Fishing Pier - S. Barr G. Council to consider approval or other action authorizing the City Manager to execute a proposal with contract for design services for the bicycle-pedestrian pathways along the west side of San Jacinto Street, the northwest bank of Spring Gulley to connect the Pecan Plantation and Spenwick communities, and on the west side of the Sports Complex and park to connect the Brookglen subdivision _ S. Barr Motion was made by Councilmember Mosteit to approve the consent aqenda as presented with the addendum to item D. Second by Councilmember Enqelken. Motion carried. Ayes: Engelken, Clausen, Rigby, Moser, Leonard, Black, Mosteit and Mayor Beasley Nays: None Abstain: None Absent: None 6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council on any item posted on the agenda (Limited to five minutes) Ted Powell-1700 Roscoe - Mr. Powell informed the Council he is opposed to item 11 on the agenda. 7. Council to consider approval or other action regarding an ordinance calling a Special Election and possible Run-Off Election for Councilperson-At-Large Position A - (Ord. 3197) - M. GilletUC. Askins. Minutes of Regular Meeting of La Porte City Council on November 9, 2009 3 Assistant City Attorney Clark Askins presented summary and recommendation and answered Councils' questions. Assistant City Attorney Clark Askins read Ordinance 3197 AN ORDINANCE CALLING A SPECIAL ELECTION OF THE CITY OF LA PORTE TO FILL THE UN-EXPIRED TERM OF COUNCILPERSON-AT-LARGE- POSITION A, CALLING A RUN-OFF ELECTION IF NECESSARY, DESIGNATING ELECTION PRECINCTS AND POLLING PLACES, PROVIDING FOR THE USE OF VOTING MACHINES, APPOINTING ELECTION OFFICIALS, PROVIDING FOR METHOD AND DATES OF EARLY VOTING, PROVIDING FOR AN EARLY VOTING BALLOT BOARD, PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION, PROVIDING FOR NOTICE, PROVIDING FOR FILING DEADLINE AND FILING FEES FOR CANDIDATES, PROVIDING A SAVINGS CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Enoelken to approve Ordinance 3198 as presented by Mr. Askins. Second by Councilmember Riqby, Motion carried. Ayes: Black, Leonard, Clausen, Engelken, Moser, Rigby, Mosteit and Beasley Nays: None Abstain: None Absent: None 8. Council to consider approval or other action regarding an ordinance appointing a member of the City Council to serve as Mayor Pro-Tem for the period November 9, 2009 through May 31,2010 - (Ord. 3198) - Mayor Beasley Mayor Beasley presented summary and recommendation and answered Councils' questions. Assistant City Attorney Clark Askins read Ordinance 3198, AN ORDINANCE APPOINTING A MEMBER OF THE CITY COUNCIL TO SERVE AS MAYOR PRO-TEM OF THE CITY OF LA PORTE, FOR THE PERIOD OF NOVEMBER 9,2009 THROUGH MAY 31,2010, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Moser to approve Ordinance 3198 appointinq Councilmember John Black as Mayor Pro-Tem. Second by Councilmember Enqelken. Motion carried. Ayes: Black, Leonard, Clausen, Engelken, Moser, Rigby, Mosteit and Beasley Nays: None Abstain: None Absent: None Minutes of Regular Meeting of La Porte City Council on November 9, 2009 4 9. Council to consider approval or other action regarding a resolution appointing Ed Heathcott to serve as a member of the Board of Directors of Harris County Appraisal District - (Res. 2009-14) - Mayor Beasley Mayor Beasley presented summary and recommendation and answered Councils' questions. Assistant City Attorney Clark Askins read Resolution 2009-14, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT Motion was made by Councilmember Leonard to approve Resolution 2009-14 as presented by Mayor Beasley. Second by Councilmember Clausen. Motion carried. Ayes: Black, Leonard, Clausen, Engelken, Moser, Rigby, Mosteit and Beasley Nays: None Abstain: None Absent: None 10. Council to consider approval or other action regarding an ordinance amending Chapter 30 "Emergency Services" of the Code of Ordinances, to revise regulation of and permitting fees for burglar alarms - (Ord. 3199) - K. Adcox Police Chief Ken Adcox presented summary and recommendation and answered Councils' questions. Assistant City Attorney Clark Askins read Ordinance 3199 AN ORDINANCE AMENDING CHAPTER 30, "EMERGENCY SERVICES", ARTICLE II, "ALARMS", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00), AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Mosteit to approve Ordinance 3199 as presented by Mr. Adcox. Second by Councilmember Leonard. Motion carried. Ayes: Leonard, Engelken, Rigby, Moser, Clausen, Black, Mosteit and Mayor Beasley Nays: None Abstain: None Absent: None Minutes of Regular Meeting of La Porte City Council on November 9, 2009 5 11. Council to consider approval or other action authorizing the City Manager to enter into an Alarm Program Management contract for Cry Wolf with AOT Public Safety Corporation - K. Adcox Police Chief Ken Adcox presented summary and recommendation and answered Councils' questions. Motion was made by Councilmember Black to authorize the City Manager to enter into an Alarm Program Management contract for Cry Wolf with AOT Public Safety Corporation as presented by Mr. Adcox. Second by Councilmember Moser. Motion carried. Ayes: Engelken, Moser, Clausen, Black, Mosteit and Mayor Beasley Nays: Leonard and Rigby Abstain: None Absent: None 12. Council to consider approval or other action authorizing the City Manager to execute an agreement with Klotz Associates to perform design, bidding and construction services for Brookglen Detention - T. Tietjens City Engineer Rodney Slaton presented summary and recommendation and answered Councils' questions. Motion was made by Council member Engelken to authorize the City Manager to execute an agreement with Klotz Associates to perform design, bidding and construction services for Brookglen Detention as presented by Mr. Slaton. Second by Councilmember Mosteit. Motion carried Ayes: Leonard, Engelken, Rigby, Moser, Clausen, Black, Mosteit and Mayor Beasley Nays: None Abstain: None Absent: None 13. Receive Drainage Report from City Staff - S. Gillett Public Works Director Steve Gillett presented the Monthly Drainage Report. 14. City Manager Ron Bottoms provided Administrative Reports for the following: November 16, 2009 - La Porte Development Corporation Board Meeting - 6:00 p.m. November 19, 2009 - Harris County Mayor and Council Association Dinner - Monument Inn- 6:30 p.m. Thanksgiving Holidays - Thursday, November 26,2009 and Friday November 27,2009 December 14,2009 - City Council Meeting - 6:00 p.m. Minutes of Regular Meeting of La Porte City Council on November 9, 2009 6 15. Council Comments: Mosteit, Clausen, Rigby, Moser, Black, Leonard, Engelken, 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 16. 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 witness during examination of another witness in an investigation, deliberation regarding economic development negotiations) A. 551.071 (Pending or Contemplating Litigation) City of La Porte vs. Cliff Hall B. 551. 071 (Pending or Contemplating Litigation) Deborah Taylor vs. City of La Porte C. 551.074 (Personnel Matter) Chief of Police Kenith Adcox Council retired into Executive Session at 7:51 p.m. Council reconvened to Regular Meeting at 8:43 p.m. 17. Consider approval and possible action on items considered in Executive Session. 17 a. Consider authorizing the City Manager to execute a Settlement Agreement between the City of La Porte and Cliff Hall with amendments as discussed in Executive Session. Motion was made by Councilmember Rigby to approve the Settlement Agreement between the City of La Porte and Cliff Hall with the amendments as discussed in Executive Session. A second by Councilmember Moser. Motion carried. Ayes: Leonard, Engelken, Rigby, Moser, Clausen, Black, Mosteit and Mayor Beasley Nays: None Abstain: None Absent: None 18. Adjournment Being no further business, the meeting was duly adjourned at 8:51 p.m. Minutes of Regular Meeting of La Porte City Council on November 9, 2009 7 Respectfully submitted, ~p/~~~ Martha Gillett, TRMC, CMC City Secretary oved on this 14th day of December 2009. B REQUEST FOR CITY COUNCIL AGENDA ITEM ADDroDriation Agenda Date Requested: December 14.2009 Source of Funds: N/A Requested By: Tim Tietiens Account Number: N/A Department: Plannin!! Amount Budgeted: N/A Report: _Resolution: _Ordinance: -L Amount Requested: N/A Exhibits: A. Ord. for Water & Sewer Service Agreements B. Water Service Agreement C. Sanitary Sewer Service Agreement D. Area Map Budgeted Item: _YES -X-NO SUMMARY & RECOMMENDATION Heller Industrial Parks, Inc. has approached the City for water and sanitary sewer seNice to its existing facility, "Two Zero One M Texas, LLC" located at 11931 SH 225 in the City's Battleground Industrial District (see Exhibit "D" -Area Map). Council has approved a policy to provide water and sanitary sewer seNice to companies located outside the city limits and within the City's industrial districts. These companies are required by the policy to execute and maintain a current Industrial District Agreement with the City. Council has previously approved an IDA with Heller Industrial Parks, Inc. for Two Zero One M Texas (IDA-2007-111) and the company desires to obtain water and sanitary sewer seNice under the terms of this policy and its Settlement Agreement with the City of La Porte of January 22, 2009. Based on the company's stated demand for domestic uses, the average daily demand for domestic water and sewer usage is 2,500 gpd which is within the policy's limit of 30,000 gallons per day. The applicant, under the terms of the policy, will pay one and one-half (1-~) times the City's current utility rate. Additionally, Two Zero One M Texas, LLC is subject to a one-time connection fee associated with its water and sewer agreements in the amount of $5,000 each ($10,000 total), for which payment has been received. The terms of the company's Water SeNice Agreement and Sanitary Sewer SeNice Agreement will expire on December 31, 2019, plus any renewals and extensions thereof. However, the agreements shall automatically expire at such time as there is no effective IDA between the parties or, if the city exercises the right of termination. Action ReQuired bv Council: pprove an ordinance authorizing the City to enter into a Water SeNice Agreement and a Sanitary Sewer S Nice Agreement with Two Zero One M Texas, LLC. (J,{tD 49 Date ORDINANCE NO. 2009- 3;100 AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND TWO ZERO ONE M TEXAS, LLC; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by the reference. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Manager is hereby authorized to execute said contact, agreement, or other undertaking described in the title of this ordinance. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subj ect matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This ordinance shall be effective from and after its passage and approval, and it is so ordered. ExH/.8/r '',9'~ ORDINANCE NO. 2009- 31C)() PASSED AND APPROVED, this /L{JI- ATTEST: ~d~ A.LtI/ Mart a A. Glllett City Secretary APPROVED: ~r~ Clark T. Askins City Attorney day of fJ L (./ CITY OF LA PORTE By: ~Q~ ~~y( Mayor PAGE 2 , 2009. STATE OF TEXAS ~ COUNTY OF HARRIS ~ WATER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and TWO ZERO ONE M TEXAS. L.L.c. hereinafter called "COMPANY". I. COMPANY is the owner of certain real property, which is situated in CITY'S Battle!!round Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing potable water from CITY for usual human domestic consumption and uses. Previous planning considerations for the long-range potable water supply of CITY did not include the needs of property located outside the city limits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration offumishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: III. COMPANY has made certain representations to CITY as to its number of employees, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. 2 Upon review of these representations, the City has determined the following: Number of Company Employees on site 23 Number of Contract Employees on site 27 Total on-site Employees 50 Potable Water Approved for Domestic Use (Total on-site Employees times 50 gpd per employee) 2500 Total Amount of Potable Water Approved for Company (Average Daily Demand, gpd) 2500 IV. CITY has determined that adequate facilities are available for CITY to furnish potable water to COMPANY based on the following terms and conditions, to-wit: (A) Company shall pay to CITY a one-time administrative connection charge of$5,000. (B) COMPANY shall file an application for water service with CITY'S Utility Billing Division and pay appropriate deposit and water meter charge. CITY shall be responsible for furnishing and installing meter at Company's expense. COMPANY shall be responsible for installing appropriate meter box to be approved by City. (C) The total amount of potable water approved (average daily demand) is established at TWO THOUSAND FIVE HUNDRED (2.500) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (D) The average monthly demand of SEVENTY SIX THOUSAND TWO HUNDRED FIFTY (76.,250) gallons is established by multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate service billings. 3 (E) The cost of water up to the average monthly demand of SEVENTY SIX THOUSAND TWO HUNDRED FIFTY (76.250) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (F) The cost of water for amounts used in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (G) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of SEVENTY SIX THOUSAND TWO HUNDRED FIFTY (76.250) gallons per month. Repeated consumption greater than the established average monthly demand may result in termination of service. (H) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (1) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (1) The total cost for the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. (K) COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of potable water to customers within the corporate limits of CITY. (L) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of 4 COMPANY'S plans and specifications for the plumbing system(s). CITY personnel shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. (M) A reduced pressure zone backflow preventer shall be installed and maintained by COMP ANY to protect CITY from any possible cross-connections. (N) The potable water supply system will be segregated from any existing and future COMPANY fire protection system. (0) There shall be no resale of the water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (P) COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. COMPANY'S development may be subject to certain additional requirements as described in Exhibit "A", attached. These requirements shall be shown on the site plan and approved by CITY. (Q) CITY does not guarantee its water system will provide specific water pressure and/or water volume requirements of COMPANY. (R) COMPANY is responsible for design of adequate and appropriate systems for fire suppression systems to its facilities. V. All expenses associated with installation of the meter; service lines from the main to the meter; and from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. 5 CITY shall retain ownership and maintenance responsibility for its water meter(s). In the event a State or Harris County license, permit, or permission to install the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of ingress and egress at all reasonable times for the purpose of reading, maintenance, installation, removal and/or relocation of its water meter(s) and for inspection of COMPANY'S water facilities in order to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (l0) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another water supply. If the transition is not complete within said six-month period, CITY shall have the right to terminate water service at its sole discretion. X. In the event of any conflict between the terms and proVISIOns of this Water Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Water Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall terminate on December 31, 2019. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right 0, ~in,!,on. ENTERED INTO and effective the ~ . / day of /- y {~ , 2009 ILl '.1 L.. TWO ZERO ONE M TEXAS L. ~: ~ W .I:'W>'j{,c:J ~~/:p,c."} SIgnature: f1/EiJ eJ. ~,~Ol\ f\1") ~.s7 / CITY OF LA PORTE 6 ~ CITY OF LA PORTE ATTEST: ~MJr~J C/. /1$ Martha A. Gillett City Secretary AP~: ~ -rrt~ Clark T. Askins City Attorney 7 CITY OF LA PORTE Ron Bottoms City Manager 8 This is EXHmIT A, consisting of 1 page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY Dated~ CITY ~: ADDITIONAL REOUIREMENTS COMPAN}-- The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional actions as specifically set forth below. These actions represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by CITY for obtaining water and/or sanitary sewer service from CITY. All actions listed below shall be completed by COMPANY prior to obtaining a utility service account from CITY. 1) CITY METER LOCATION: The location of the City water meter should be at or near the SH 225 Right-of- Way. This will be the meter read and billed by the City. 2) PROVIDE SUB-METER FOR WATER SERVICE TO 218 M TEXAS: A formal agreement between 201 M Texas and 218 M Texas to sub-meter the water service to 218 M Texas shall be provided to City. 3) DEDICATE PRIVATE JOINT-USE UTILITY EASEMENT Execute and record a "private" joint-use utility easement over the property of 201 M Texas extending to and benefitting the property of 218 M Texas for water and sanitary sewer service lines. A copy of the subject recorded easement shall be furnished to the City. 4) NO INSTALLATION OF FIRE HYDRANTS ON PRIVATE SERVICE LINE: No fire hydrants shall be installed on Company's private water service line. r STATE OF TEXAS 9 COUNTY OF HARRIS 9 SANITARY SEWER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and TWO ZERO ONE M TEXAS, L.L.c., hereinafter called "COMPANY". I. COMPANY is the owner of certain real property, which is situated in CITY'S Battlel!round Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to COMPANY. For and in consideration offumishing sanitary sewer service by CITY, the parties hereto agree as follows, to-wit: III. COMPANY has made certain representations to CITY as to its number of employees, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. 2 Upon review of these representations, the City has determined the following. Number of Employees on-site 23 Number of Contract Employees 27 Total on-site Employees 50 Sanitary Sewer Desired for Domestic Use (Total on-site times 50 gpd per employee) 2500 Total Amount of Sanitary Sewer Approved by Company (Average DailyDemand, gpd) 2500 IV. CITY has determined that adequate facilities are available to allow CITY to furnish sanitary sewer to COMPANY based on the following terms and conditions, to-wit: (A). Company shall pay to CITY a one-time administrative connection charge of $5,000. (B). COMPANY shall file an application for sanitary sewer service with CITY'S Utility Billing Division and pay appropriate deposit. (C). The average daily demand is established at TWO THOUSAND FIVE HUNDRED (2.500) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (D). The average monthly demand is calculated to be eighty-five percent (85%) ofthe average daily demand multiplied by a factor of 30.5, which shall be used to facilitate service billings. (E). The cost of sanitary sewer service up to the average monthly demand of SIXTY FOUR THOUSAND EIGHT HUNDRED THIRTEEN (64.813) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. 3 (F). The cost of sanitary sewer service for amounts in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of SIXTY FOUR THOUSAND EIGHT HUNDRED TIDRTEEN (64,813). Repeated sanitary sewer delivery greater than the established average monthly demand may result in termination of service. (H). COMPANY agrees that during periods when the CITY'S collection system is surcharged, the CITY may require the suspension of use of the sanitary sewer system for periods not to exceed thirty-six hours. (I). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to COMPANY if an emergency arises and there is not an adequate sewer collection or treatment capacity to meet the needs of the citizens of La Porte. (J). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article II of the Code of Ordinances) and any subsequent amendments or revisions. (K). The total cost for the engineering design and construction of any sanitary sewer main, service line, lift station, meter or other required appurtenances will be the responsibility of COMPANY. (L ). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of sanitary sewer service to customers within the corporate limits of CITY. (M). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval 4 of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to COMPANY. (N). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (0). COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development project may be subject to certain additional requirements as described in Exhibit "A", attached. These requirements shall be shown on the site plan and approved by City. V. All expenses of the installation of service lines from the main to the COMPANY'S facilities shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities. VI. In the event a State or Harris County license, permit, or permission to install the sanitary sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notifY COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (l0) days may result in termination of Agreement. CITY shall have the right to 5 summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public sanitary sewer system is threatened. IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another sanitary sewer service provider. If the transition is not complete within said six-month period, CITY shall have the right to terminate sanitary sewer service at its sole discretion. X. In the event of any conflict between the terms and provisions of this Sanitary Sewer Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions ofthe Sanitary Sewer Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall terminate on December 31, 2019. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. ENTERED INTO effective the I LfIIday of ~ - ,2009. Name: Title: Vresl ~'\+ Address: .;)05" M;/ \ @-c:l, t1 ~^ I NY O'br;)7 CITY OF LA PORTE ATTEST: ~tlft/tit/ c?t:iI~ Martha A. Gillett City Secretary AP~,O,. V D: ./ -r~ Clark T. Askins City Attorney 6 CITY OF LA PORTE BY:\~ Ron Bottoms City Manager 7 This is EXlDBIT A, consisting of I page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY Dated /;< ~ It( ;JtJ () 7 ~ial: CI~ COMPANY r ADDITIONAL REOUIREMENTS The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional actions as specifically set forth below. These actions represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by CITY for obtaining water and/or sanitary sewer service from CITY. All actions listed below shall be completed by COMPANY prior to obtaining a utility service account from CITY. 1) SAMPLING WELL: COMPANY shall install a sanitary sewer sampling well in accordance with CITY's standards. ,2) INDUSTRIAL WASTE PERMIT: COMPANY shall submit application to CITY for industrial waste permit. r c REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: December 14.2009 Source of Funds: N/A Requested By: Tim Tietiens Account Number: N/A Department: Plannin!!: Report: _Resolution: _Ordinance:-X- Amount Budgeted: N/A Amount Requested: N/A Exhibits: A. Ord. for Water & Sewer Service Agreements B. Water Service Agreement C. Sanitary Sewer Service Agreement D. Area Map Budgeted Item: _YES ...-X-NO SUMMARY & RECOMMENDATION Heller Industrial Parks, Inc. has approached the City for water and sanitary sewer service to its existing facility, ''Two Eighteen M Texas, LLC" located at 11935 SH 225 in the City's Battleground Industrial District (see Exhibit "0" - Area Map). Council has approved a policy to provide water and sanitary sewer service to companies located outside the city limits and within the City's industrial districts. These companies are required by the policy to execute and maintain a current Industrial District Agreement with the City. Council has previously approved an IDA with Heller Industrial Parks, Inc. for Two Eighteen M Texas (IDA-2007-113) and the company desires to obtain water and sanitary sewer service under the terms of this policy and its Settlement Agreement with the City of La Porte of January 22, 2009. Based on the company's stated demand for domestic uses, the average daily demand for domestic water and sewer usage is 2,800 gpd which is within the policy's limit of 30,000 gallons per day. The applicant, under the terms of the policy, will pay one and one-half (1-Y:z) times the City's current utility rate. Additionally, Two Eighteen M Texas, LLC is subject to a one-time connection fee associated with its water and sewer agreements in the amount of $5,600 each ($11,200 total), for which payment has been received. The terms of the company's Water Service Agreement and Sanitary Sewer Service Agreement will expire on December 31, 2019, plus any renewals and extensions thereof. However, the agreements shall automatically expire at such time as there is no effective IDA between the parties or, if the city exercises the right of termination. Action Reauired bv Council: App ove an ordinance authorizing the City to enter into a Water Service Agreement and a Sanitary Sewer Se ce Agreement with Two Eighteen M Texas, LLC. Ron Bottoms, City Manager tJJtt> /oj Drtte ORDiNANCB NO. 2009 - J d. 0 J AN ORDiNANCE APPROViNG AND AUTHORiZiNG A WATBR SERViCE AGREBNBN'T AND A SANiTARY SEWER SERViCB AGREBNBN"l' BETWEEN' THE CiTY 01" LA PORTE AND TWO BiGHTEEN' K TBXAS, LLCJ MAKiNG VARiOUS FiNDiNGS AND PROViSiONS RELATiNG TO THE SUBJECTJ FiND:IN'G COMPLiANCE WiTH THB OPEN' MEETiNGS LAWJ AND PROViDiNG AN EFFBCTiVE DATB HBREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by the reference. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Manager is hereby authorized to execute said contact, agreement, or other undertaking described in the title of this ordinance. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and SUbject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subj ect mat ter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This ordinance shall be effective from and after its passage and approval, and it is so ordered. e'X/l/e.rr ~~'~ ORDINANCE NO. 2009- ,j!lD j PAGE 2 PASSED AND APPROVED, this /1JI- day of fJ.e C, , 2009. ATTEST: \1h ~1ti!1. Iiw Martha A. Gillett City Secretary APPROVED: ~/~ r ,f~ Clat1C T. Askins City Attorney CITY OF LA PORTE By: STATE OF TEXAS S COUNTY OF HARRIS S WATER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and TWO EIGHTEEN M TEXAS. L.L.C. hereinafter called "COMPANY". I. COMPANY is the owner of certain real property, which is situated in CITY'S Battlel!found Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing potable water from CITY for usual human domestic consumption and uses. Previous planning considerations for the long-range potable water supply of CITY did not include the needs of property located outside the city limits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: III. COMPANY has made certain representations to CITY as to its number of employees, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. 2 Upon review of these representations, the City has determined the following: Number of Company Employees on site 20 Number of Contract Employees on site 36 Total on-site Employees 56 Potable Water Approved for Domestic Use (Total on-site Employees times 50 gpd per employee) 2800 Total Amount of Potable Water Approved for Company (Average Daily Demand, gpd) 2800 IV. CITY has determined that adequate facilities are available for CITY to furnish potable water to COMPANY based on the following terms and conditions, to-wit: (A) Company shall pay to CITY a one-time administrative connection charge of$5,600. (B) COMPANY shall file an application for water service with CITY'S Utility Billing Division and pay appropriate deposit and water meter charge. CITY shall be responsible for furnishing and installing meter at Company's expense. COMPANY shall be responsible for installing appropriate meter box to be approved by City. (C) The total amount of potable water approved (average daily demand) is established at TWO THOUSAND EIGHT HUNDRED (2.800) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (D) The average monthly demand of EIGHTY FIVE THOUSAND FOUR HUNDRED (85.400) gallons is established by multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate service billings. 3 (E) The cost of water up to the average monthly demand of EIGHTY FIVE THOUSAND FOUR HUNDRED (85.400) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (F) The cost of water for amounts used in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (G) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of EIGHTY FIVE THOUSAND FOUR HUNDRED (85.400) gallons per month. Repeated consumption greater than the established average monthly demand may result in termination of service. (H) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (I) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (1) The total cost for the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. (K) COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of potable water to customers within the corporate limits of CITY. (L) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of 4 COMPANY'S plans and specifications for the plumbing system(s). CITY personnel shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. (M) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross-connections. (N) The potable water supply system will be segregated from any existing and future COMPANY fire protection system. (0) There shall be no resale of the water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (P) COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. COMPANY'S development may be subject to certain additional requirements as described in Exhibit "A", attached. These requirements shall be shown on the site plan and approved by CITY. (Q) CITY does not guarantee its water system will provide specific water pressure and/or water volume requirements of COMPANY. (R) COMPANY is responsible for design of adequate and appropriate systems for fire suppression systems to its facilities. V. All expenses associated with installation of the meter; service lines from the main to the meter; and from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. 5 CITY shall retain ownership and maintenance responsibility for its water meter(s). In the event a State or Harris County license, permit, or permission to install the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of ingress and egress at all reasonable times for the purpose of reading, maintenance, installation, removal and/or relocation of its water meter(s) and for inspection of COMPANY'S water facilities in order to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another water supply. Ifthe transition is not complete within said six-month period, CITY shall have the right to terminate water service at its sole discretion. X. In the event of any conflict between the terms and provisions of this Water Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Water Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall terminate on December 31, 2019. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. ENTERED INTO and effective the ~ day of Vi C ,2009 Name: Title:_Y(~~J\U1+ Address: d. 0)' fl1 ;- ( ( ed j G:(lJo'1 J ms- 1) R!t37 / 6 r CIlY OF LA PORTE ATTEST: ~atl/(L 4tq Martha A. Gillett city Secretary APPROVEW Y~4r~ Clark T. Askins City Attorney 7 By.~~ Barry ley ( Mayor 8 Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY Dated / Z ~/if JD07 ~al: CIT~ COMPANY f+ ADDITIONAL REOUIREMENTS The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional actions as specifically set forth below. These actions represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by CITY for obtaining water and/or sanitary sewer service from CITY. All actions listed below shall be completed by COMPANY prior to obtaining a utility service account from CITY. 1) CITY METER LOCATION: The location of the City water meter should be at or near the SH 225 Right-of- Way. This will be the meter read and billed by the City. 2) PROVIDE SUB-METER FOR WATER SERVICE TO 218 M TEXAS: A formal agreement between 201M Texas and 218 M Texas to sub-meter the water service to 218 M Texas shall be provided to City. 3) DEDICATE PRIVATE JOINT-USE UTILITY EASEMENT Execute and record a "private" joint-use utility easement over the property of 201 M Texas extending to and benefitting the property of218 M Texas for water and sanitary sewer service lines. A copy of the subject recorded easement shall be furnished to the City. 4) NO INSTALLATION OF FIRE HYDRANTS ON PRIVATE SERVICE LINE: No fire hydrants shall be installed on Company's private water service line. ~ 1 STATE OF TEXAS S COUNTY OF HARRIS S SANITARY SEWER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and TWO EIGHTEEN M TEXAS. L.L.C.. hereinafter called "COMPANY". I. COMPANY is the owner of certain real property, which is situated in CITY'S Battleeround Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to COMPANY. For and in consideration offumishing sanitary sewer service by CITY, the parties hereto agree as follows, to-wit: III. COMPANY has made certain representations to CITY as to its number of employees, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. 2 Upon review ofthese representations, the City has determined the following. Number of Employees on-site 20 Number of Contract Employees 36 Total on-site Employees 56 Sanitary Sewer Desired for Domestic Use (Total on-site times 50 gpd per employee) 2800 Total Amount of Sanitary Sewer Approved by Company (Average Daily Demand, gpd) 2800 IV. CITY has determined that adequate facilities are available to allow CITY to furnish sanitary sewer to COMPANY based on the following terms and conditions, to-wit: (A). Company shall pay to CITY a one-time administrative connection charge of $5,600. (B). COMPANY shall file an application for sanitary sewer service with CITY'S Utility Billing Division and pay appropriate deposit. (C). The average daily demand is established at TWO THOUSAND EIGHT HUNDRED (2.800) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (D). The average monthly demand is calculated to be eighty-five percent (85%) of the average daily demand multiplied by a factor of30.5, which shall be used to facilitate service billings. (E). The cost of sanitary sewer service up to the average monthly demand of SEVENTY TWO THOUSAND FIVE HUNDRED NINETY (72.590) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. 3 (F). The cost of sanitary sewer service for amounts in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of SEVENTY TWO THOUSAND FIVE HUNDRED NINETY (72.590). Repeated sanitary sewer delivery greater than the established average monthly demand may result in termination of service. (H). COMPANY agrees that during periods when the CITY'S collection system is surcharged, the CITY may require the suspension of use of the sanitary sewer system for periods not to exceed thirty-six hours. (I). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to COMPANY if an emergency arises and there is not an adequate sewer collection or treatment capacity to meet the needs of the citizens of La Porte. (1). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article II of the Code of Ordinances) and any subsequent amendments or revisions. (K). The total cost for the engineering design and construction of any sanitary sewer main, service line, lift station, meter or other required appurtenances will be the responsibility of COMPANY. (L ). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of sanitary sewer service to customers within the corporate limits of CITY. (M). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval 4 of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to COMPANY. (N). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (0). COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development project may be subject to certain additional requirements as described in Exhibit "A", attached. These requirements shall be shown on the site plan and approved by City. V. All expenses of the installation of service lines from the main to the COMPANY'S facilities shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities. VI. In the event a State or Harris County license, permit, or permission to install the sanitary sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to 5 summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public sanitary sewer system is threatened. IX. Upon receipt of written notice oftermination, COMPANY shall have up to six (6) months to prepare for transition to another sanitary sewer service provider. If the transition is not complete within said six-month period, CITY shall have the right to terminate sanitary sewer service at its sole discretion. X. In the event of any conflict between the terms and provisions of this Sanitary Sewer Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Sanitary Sewer Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall terminate on December 31, 2019. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. ENTERED INTO effective the ILj~aYOf DlL ,2009. Name: Title: ?eS(l\,0\t Address: JQ'C" rv1;t \ Qj . ~~(\, tV5 co~~ 7 I r ATTEST: {flII~ ~PI Martha A. Gillett City Secretary APP~...D: / W(rl-#~ Clark T. Askins City Attorney 6 CITY OF LA PORTE By: 7 This is EXlUBIT A, consisting of I page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY Dated /) -r<-( ) () 01 Initial: CIT~ COMPANY r ADDITIONAL REOUIREMENTS The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional actions as specifically set forth below. These actions represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by CITY for obtaining water and/or sanitary sewer service from CITY. All actions listed below shall be completed by COMPANY prior to obtaining a utility service account from CITY. 1) SAMPLING WELL: COMPANY shall install a sanitary sewer sampling well in accordance with CITY's standards. . 2) INDUSTRIAL WASTE PERMIT: COMPANY shall submit application to CITY for industrial waste permit. r D / REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: December 14. 2009 Source of Funds: N/A Requested By: Tim Tietiens Account Number: N/A Department: Planninl!: Amount Budgeted: N/A Report: _Resolution: _Ordinance:...K...- Amount Requested: N/A Exhibits: A. Ordinance B. Water Service Agreement C. Area Map Budgeted Item: _YES ..LNO SUMMARY & RECOMMENDATION ELE Holdings La Porte, Ltd. has approached the City for water service to its existing facility at 11345 SH 225 in the City's Battleground Industrial District (see Exhibit "C" for area map). The company had an existing Water Service Agreement with the City for its entire 35 acre tract. However, the owner has recently subdivided the acreage into two individual parcels of 28 acres (located on the west side) and 7 acres (located on the east side). The owner has recently sold the 28 acre tract to another company and has relocated an existing fire suppression tank from the 28 acre tract to the 7 acre tract he has developed with an office/warehouse facility. As a result, the owner must execute a new Water Service Agreement for his 7 acre tract. A separate Water Service Agreement will be required when development occurs on the 28 acre tract. Council has approved a policy to provide water and sanitary sewer service to companies located outside the city limits and within the City's industrial districts. These companies are required by the policy to execute and maintain a current Industrial District Agreement with the City. Council has previously approved an IDA with ELE Holdings La Porte, Ltd. (2007-IDA-71) and the company desires to obtain water service under the terms of this policy. Based on the company's stated demand for domestic uses, the average daily demand for domestic water usage is 1,100 gpd which is within the policy's limit of 30,000 gallons per day. The applicant, under the terms of the policy, will pay one and one-half (1-Y2) times the City's current utility rate. An administrative fee of $5,000 associated with the company's Water Service Agreement has been received by the City. The terms of the company's Water Service Agreement will expire on December 31, 2019, plus any renewals and extensions thereof. However, the agreements shall automatically expire at such time as there is no effective IDA between the parties or, if the city exercises the right of termination. Action Required bv Council: Approve an ordinance authorizing the City Manager to execute a Water Service Agreement with ELE .ngs La Porte, Ltd. for water service to its facility at 11345 SH 225. /A.(;. A~ ate ORDINANCE NO. 2009- ,3 d.- (),2 AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND ELE HOLDINGS LA PORTE, LTD; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by the reference. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Manager is hereby authorized to execute said contact, agreement, or other undertaking described in the title of this ordinance. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subj ect matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This ordinance shall be effective from and after its passage and approval, and it is so ordered. Em/err' 'W" ORDINANCE NO. 2009-~'~ (\-1_ PASSED AND APPROVED, this I~ ATTEST: lJ!J !lAd.", f1~ Mart a A. Gillett City Secretary APPROVED: ~T-4~ C arK T. Askins City Attorney day of f).f C . . CITY OF LA PORTE By: 1~'9 Mayor PAGE 2 , 2009. STATE OF TEXAS ~ COUNTY OF HARRIS ~ WATER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and ELE HOLDING LA PORTE, LTD. hereinafter called "COMPANY". I. COMPANY is the owner of certain real property, which is situated in CITY'S Battleground Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing potable water from CITY for usual human domestic consumption and uses. Previous planning considerations for the long-range potable water supply of CITY did not include the needs of property located outside the city limits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: III. COMPANY has made certain representations to CITY as to its number of employees, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. 2 Upon review ofthese representations, the City has determined the following: Number of Company Employees on site 12 Number of Contract Employees on site 10 Total on-site Employees 22 Potable Water Approved for Domestic Use (Total on-site Employees times 50 gpd per employee) 1100 Total Amount of Potable Water Approved for Company (Average Daily Demand, gpd) 1100 IV. CITY has determined that adequate facilities are available for CITY to furnish potable water to COMPANY based on the following terms and conditions, to-wit: (A) Company shall pay to CITY a one-time administrative connection charge of$ N/A. (B) COMPANY shall file an application for water service with CITY'S Utility Billing Division and pay appropriate deposit and water meter charge. CITY shall be responsible for furnishing and installing meter at Company's expense. COMPANY shall be responsible for installing appropriate meter box to be approved by City. (C) The total amount of potable water approved (average daily demand) is established at One Thousand One Hundred (1, I 00) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (D) The average monthly demand of Thirty Three Thousand Five Hundred Fifty (33,550) gallons is established by multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate service billings. 3 (E) The cost of water up to the average monthly demand of Thirty Three Thousand Five Hundred Fifty (33,550) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (F) The cost of water for amounts used in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (0) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of Thirty Three Thousand Five Hundred Fifty (33,550) gallons per month. Repeated consumption greater than the established average monthly demand may result in termination of service. (H) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (1) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (1) The total cost for the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. (K) COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of potable water to customers within the corporate limits of CITY. (L) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors 4 shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. (M) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross-connections. (N) The potable water supply system will be segregated from any existing and future COMPANY fire protection system. (0) There shall be no resale of the water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (P) COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. COMPANY'S development may be subject to certain additional requirements as described in Exhibit "A", attached. These requirements shall be shown on the site plan and approved by CITY. (Q) CITY does not guarantee its water system will provide specific water pressure and/or water volume requirements of COMPANY. (R) COMPANY is responsible for design of adequate and appropriate systems for fire suppression systems to its facilities. V. All expenses associated with installation of the meter; service lines from the main to the meter; and from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. 5 CITY shall retain ownership and maintenance responsibility for its water meter(s). In the event a State or Harris County license, permit, or permission to install the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of ingress and egress at all reasonable times for the purpose of reading, maintenance, installation, removal and/or relocation of its water meter(s) and for inspection of COMPANY'S water facilities in order to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another water supply. If the transition is not complete within said six -month period, CITY shall have the right to terminate water service at its sole discretion. x. In the event of any conflict between the terms and provIsions of this Water Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Water Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall terminate on December 31, 2019. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the 6 parties or if CITY exercises its right of termination. ENTERED INTO and effective the J!I/!:. day of f).t (, - , 2009 Signature: Name: 0'aAJ;V.fIt IV It- Title: 1v',~.'d~ IJent.Y(t1t,...ut~ ,:) &(EChMe,-;J PaN' U4 ~ }k. Address; 2..3>45 -~~ b~ ~sk IX. {100~ J - CITY OF LA PORTE CITY OF LA PORTE ATTEST: YJlI1~ .6fA4J Martha A. Gillett City Secretary APtz' ~T /I-~ Clark T. Askins City Attorney 7 By: Ron Bottoms City Manager 8 referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY Dated \ -Z L1/'lQO? ' Initial: CITY /!L:- ADDITIONAL REOUIREMENTS COMPANY ~ The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement andlor Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by CITY for providing water service to COMPANY. 1) BEAUTIFICATION EFFORTS: COMPANY shall submit a Landscaping Plan subject to review and approval by CITY. COMPANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water service. 2) METERING OF ON-SITE WATER STORAGE TANK: COMPANY shall provide metering of its on-site water storage tank. Said metering shall be to City specifications and will be subject to inspection and approval by City. 3) TESTING OF PREVIOUSLY-INSTALLED ON-SITE WATER LINElS): COMPANY shall provide for testing of previously-installed on-site waterline(s). Said testing will be conducted under the supervision of appropriate City personnel present. F REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 14.2009 Aoorooriation Requested By: S. Gillett Source of Funds: N/A Department: Public Works Account Number: Report: Resolution: Ordinance: xx Amount Budgeted: Exhibits: Ordinance Amount Requested: N/ A Exhibits: Traffic Engineering Study Budgeted Item: Exhibits SUMMARY & RECOMMENDATION With the construction of the new elementary school on McCabe Road, a new school zone is needed. Attached is an excerpt from the Traffic Engineering Study performed by Traffic Engineers, Inc. on behalf of the LPISD to establishing this new school zone (page 11). The following page (Figure 5) is a map of the proposed zone. The attached ordinance amends The Code of Ordinances, Section 70-97 (a) to add the following: (30) Along McCabe Road from the east line of the right of way for State Highway 146 to the Harris county Flood Control District drainage easement, a distance of approximately 1,328 feet, 0.25 miles Signs will be placed at each end of the school zone, as recommended by the Study, after passage. Approve ordinance establishing a new school zone for McCabe 11 ~o ~ Date ORDINANCE NO. 2009 - ,,'3;2 D 3 AN ORDINANCE AMENDING CHAPTER 70 "TRANSPORTATION", ARTICLE III "OPERATION OF VEHICLES", DIVISION 2 "SPEED LIMITS", BY AMENDING SECTION 70-97(a) "SCHOOL ZONES", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE FOR THE PURPOSE OF ESTABLISHING A DESIGNATED SCHOOL ZONE ON A PORTION OF McCABE ROAD; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFOR BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The Code of Ordinances, City of La Porte, Harris County, Texas, Chapter 70, Article III, Division 2, Section 70-97 "School Zones", subparagraph "a", is hereby amended by adding the following clause, to be included in proper numerical sequence, to-wit: "(30) Along McCabe Road from the east line of the right of way for State Highway 146 to the Harris County Flood Control District drainage easement, a distance of approximately 1,328 feet, 0.25 miles." Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed to have committed a Class C misdemeanor and upon conviction shall be punished by a fine not to exceed TWO HUNDRED DOLLARS ($200.00). Section 5. 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 is 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 Chapter 551, Tx. Gov't 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 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte once within ten (10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter. PASSED AND APPROVED this the /~day of December, 2009. CITY ~ORTE By: ~~~ ( A')~;ST: \JU U [wk M City Secretary AP~ ?!It City Attorney r~ Traffic Impact Analysis Bayshore Elementary School Prepared for: Prepared by: TRAFFIC ENGINEERS, INC. 8323 Southwest Freeway, SUite 200 Houston, Texas 77074- I G09 PH: (713) 270-8145/ FAX: (713) 270-8/48 February 2009 Contents Introduction.................................................................................................................. ....... 1 Existing Conditions............................................................................................................. 2 Roadway Network ................................. ....................................... .......... .......... .............. 2 Critical Intersections ................. ..................................................... ........................... ...... 2 Future Conditions ................. ................. ....... ............. ........................................ ..... ............ 3 Trip Generation and Distribution.. ........................... .......... ......... ............................. ....... 5 On-Site Circulation ................................... ....................................................... ............... 7 Off-S ite Circulation. ..... ............................ ......... ............................ ...... .............. ............. 9 Capacity Analysis .... ............... ..... ................ .......... ..................................... .................... 9 Pedestrian Considerations.................... ......................................................................... I 1 Speed Zone....... ..... ......... ............................. ............. .......... ...... ................................ ..... II Left-turn Lanes on McCabe Road........ ....................................................... .................. 13 Summary of Findings and Recommendations .................................................................. 15 List of Tables Tab Ie 1 - Schoo I Characteristics......................................................................................... 5 Table 2 - Existing PM Pick-up School Data....................................................................... 6 Table 3 - Estimated Trip Generation .................................................................................. 6 Table 4 - Elementary School On-Site Storage .................................................................... 8 Table 5 - 2010 Peak Hour Levels-of-Service (LOS)/Delay.............................................. 10 List of Figures Figure 1 - Location of Bayshore Elementary SchooL....................................................... 1 Figure 2 - Site Plan and Vehicle Stacking ..........................................................................4 Figure 3 - Projected AM Peak Hour Turning Movement Counts....................................... 9 Figure 4 - Projected PM Peak Hour Turning Movement Counts ..................................... 10 Figure 5 - Proposed School Speed Zone........................................................................... 12 Figure 6 - Definition of Traffic Volumes ......................................................................... 13 Figure 7 - Exhibit 9-75 (in Graphical Form) for Two-Lane Roadways at 40 MPH......... 14 Traffic Impact Analysis Bayshore Elementary School Introduction La Porte ISO is planning to construct a new elementary school in La Porte, TX, northeast of the intersection of State Highway 146 and McCabe Road, as illustrated in Figure 1. The new elementary school will replace the existing Bayshore Elementary School, which was damaged by Hurricane Ike in 2008. Construction of the new elementary school will commence in 2009, and the school is planned to open in early 20 10. The purpose of this report is to assess the impacts of the construction of the elementary school on traffic on area roadways and intersections. It will also determine the adequacy of on-site storage for bus stacking and parent-pick up. Figure 1 - Location of Bayshore Elementary School Key Map Page 158-U Existing Conditions Roadway Network McCabe Road in the vicinity of the proposed school site is typically a two-lane, undivided roadway with unimproved shoulders. The posted speed limit is 30 MPH. Development along McCabe Road in the area consists of a trailer park east of the school site. McCabe Road dead-ends at Broadway Street, approximately 0.75 miles east of the school site. SH 146 is the main highway through the City of La Porte, connecting the city with communities to the south such as Seabrook and League City and to Houston via SH 225. North of the school site, SH 146 is composed of a full freeway cross section, but south of the site it has no frontage roads and provides access to adjacent properties; the transition to full freeway section begins at approximately McCabe Road, but the main lanes have not yet been constructed from McCabe Road to just north of Wharton Weems Boulevard. The posted speed limit on SH 146 in the vicinity of the study area is 60 MPH. No developments directly access SH 146 near the school site. Broadway Street, also known as Business SH 146, is an important north-south artery through La Porte, Texas. In the vicinity of the study area, it is a two-lane roadway with an unpaved shoulder on the west side and a paved sidewalk on the east side. The posted speed limit is 40 MPH. Development along Broadway Street near McCabe Road is predominantly single-family and multi-family residential. Critical Intersections The following intersections are included in the analysis of the impacts associated with the construction of the proposed elementary school: · McCabe Road at SH 146 · McCabe Road at Broadway Street · McCabe Road at Proposed School Driveways (Future) 2 SH 146 frontage roads begin at the intersection of McCabe Road with SH 146, but the main lanes and frontage road merge just north of the McCabe Road. At the intersection of McCabe Road with the SH 146 main lanes, northbound SH 146 is free flow and consists of a through lane and a through/right-turn lane. The westbound approach of McCabe Road consists of a right-turn lane. Concrete barriers run down the center of SH 146, so McCabe currently dead-ends into either side of SH 146. At the intersection of McCabe Road with the SH 146 northbound frontage road, the eastbound approach of McCabe Road consists of a shared left-turn/through lane, and the westbound approach of McCabe Road consists of a shared through/right-turn lane. The intersection of McCabe Road at Broadway Street is an unsignalized T-intersection. The eastbound approach of McCabe Road provides a shared left-turn/through/right-turn lane. The northbound approach of Broadway Street provides one shared left-turn/through lane. The southbound approach of McCabe Road consists of a shared through/right-turn lane. Peak hour Turning Movement Counts (TMCs) were collected during the proposed arrival and dismissal hours of the schools at the intersections of McCabe Road with SH 146 and with Broadway Street. The TMCs are included in Appendix A. Future Conditions The replacement facility for Bayshore Elementary School will be constructed north of McCabe Road, east of SH 146. Construction of the elementary school is planned to begin in 2009 and be completed by spring 20 10. The proposed site plan for Bayshore Elementary School is provided in Figure 2. Classroom hours at the new school will be from 8:00 AM until 3:00 PM. 3 1 I" u= I - -(el ~ ... hi , D)~ (; . ( IQ DI I i ~C~ =~ .. . .. NC:"C::J ~::J..."'= ==~~_:: ....=-c.=c .D.J:=';'::===~i_~=--~--c_--" TRAFFp_€N~!~EgR~~~I'!C. TH'fi. -rEAM You CAN DEPEND ON l ~ j Two driveways onto McCabe Road will serve as the main points of access for Bayshore Elementary School. The western driveway will serve the staff parking lot and bus pick- up/drop-off. The eastern driveway will serve the visitor parking lot as well as the parent and special needs vans pick-up/drop-off loops. The Reserve at Taylor Bayou is a proposed mixed-use development on the south side of McCabe Road, opposite the proposed school site. It will consist of 418 apartments, commercial land uses, and a nature preserve. This development will add some traffic to roadways used by Bayshore Elementary traffic, especially during the morning peak hour. However, its development schedule is unknown at this time. Trip Generation and Distribution La Porte ISD provided information for ultimate enrollment at Bayshore Elementary School, which is summarized in Table 1. -------~,-,.,.=,~-- ----.-.-,.-=-<.-~-~--~.-l j Table 1 - School Characteristics j Bayshore Elementary School I ",ac.<<~ I Ultimate Enrollment ! 750 ! i ~-- ! i Staff ! 62 , t I 1 :---"'~"'~~~-=-'~-"~~~<'.~~~~~-~---.{-'<'''~~'--~''~--'-''=--'~'--~'-'-"'~-"'-'~~'~~'1 I Buses ! 8 I j.,.__._._-_.--~._~- L____."__~_~_____~..~._.;;_q._j I Daycare Vans i 4 I L".,~.~<__~______<~.___,~_~_~..,l~__,..",....~_,_,_~_~__~...,.,.~~~,~.~_~,.".~,_.~J To determine the number of vehicles expected to drop-off/pick-up students at the elementary school, dismissal data was collected from La Porte Elementary School in La Porte, TX. It was assumed that the traffic generated by this school is a good approximation for the traffic that will be generated by Bayshore Elementary School because many students from the former Bayshore Elementary School now attend La Porte Elementary School. The total number of parents picking-up students at La Porte Elementary School during the afternoon, as well as the maximum queue length observed, is provided in Table 2. 5 Table 2 - Existing PM Pick-up School Data Bayshore Elementary School Total Total Parent Max Enrollment Vehicles Queue 658 68 43 ( existing) 78 49 (proposed) Additionally, Table 2 provides estimates for the total number of vehicles and maxim urn queues expected at the proposed Bayshore Elementary School during the afternoon dismissal hour. These numbers were calculated by scaling the number of vehicles and maximum queues from the enrollment at La Porte Elementary to the expected ultimate enrollment at Bayshore Elementary. Using these numbers, Bayshore Elementary is expected to generate 78 total vehicles for student pickup and a maximum queue of 49 vehicles. Table 3 shows the expected total number of vehicles that will enter and exit the school during weekday mornings and afternoons in 2010, the first year the school is expected to be open. The peak hours of analysis were 7:00 AM - 8:00 AM in the morning and 2:30 PM - 3:30 PM in the afternoon. Ninety percent of the school staff members are expected to enter the school during the morning peak hour and leave the school during the afternoon peak hour. Table 3 - Estimated Trip Generation Bayshore Elementary School AM AM PM Enter PM Exit Enter Exit Buses 8 8 8 8 Daycare vans 4 4 4 4 Parent Drop-off & Pick-up 78 78 78 78 Staff S6 0 0 S6 School Estimate Total 146 90 90 146 6 The distribution of teacher and staff trips is expected to differ from that of student-related trips because parents and buses must respect the attendance boundary whereas staff may live anywhere. As indicated in Figure 1, the expected distribution of parent trips is three percent to/from the neighborhoods directly north of the school site, two percent to/from the trailer park directly east of the school site, five percent to/from the neighborhoods directly south of the school site, 15 percent to/from the north along Broadway Street, and 75 percent to/from the south along Broadway Street. The expected distribution of teacher trips is 45 percent to/from the north along SH 146,35 percent to/from the south along SH 146, 15 percent to/from the north along Broadway Street, and five percent to/from the south along Broadway Street. On-Site Circulation Storage capacity was evaluated for vehicles and buses at the proposed Bayshore Elementary School. Storage capacity is illustrated in Figure 2, and summarized below: · Student drop-off/pick-up capacity: approximately 45 vehicles single-stacked along the school's parent vehicle loop · Bus loading/unloading storage capacity: 10 buses in a single line along the bus circle drive · Daycare van loading/unloading storage capacity: 12 vans in a single line along the daycare van circle drive · Staff Parking Lot: 103 spaces (including 2 handicapped parking spaces) · Visitor Parking: 68 spaces (including 6 handicapped parking spaces) All "exit" trips in the morning and the "enter" trips in the afternoon are expected to be made by parents, buses, and daycare vans. Ideally, every school should have adequate on- site storage space to accommodate these vehicles. Storage space is evaluated in terms of the afternoon entering trips because the queue of vehicles is typically greater during the afternoon peak hour than in the morning. This is because the arrival and departure times of parents dropping children off are dispersed with little wait time or accumulation of 7 vehicles in the morning, whereas in the afternoon the arrival of parents is concentrated directly after dismissal. The total number of vehicles picking up students at La Porte Elementary School was 68 vehicles; scaling this number from the enrollment at La Porte Elementary (658 students) to the enrollment at Bayshore Elementary (750 students) results in an estimate of 78 total vehicles picking up students at the new elementary, as shown in Table 2. The queue length was approximately 43 vehicles at La Porte Elementary; scaling this to the enrollment at the proposed elementary results in an estimated maximum queue of 49 vehicles. On-site stacking is provided by a driveway off McCabe Road that loops along the main visitor parking lot and runs along the south side of the school building. This loop provides stacking space for 45 vehicles. A westbound right-turn lane on McCabe Road could also provide storage for up to approximately six to seven more vehicles. Additionally, the two visitor parking lots provide parking for 68 vehicles. The stacking driveway and visitor parking lot together provide on-site storage for 108 vehicles, which is adequate for the predicted maximum queue of 49 vehicles. The staff parking lot on the west side of the school building will provide 103 parking spaces, which will adequately accommodate the predicted 62 staff members. The on-site storage analysis for the proposed elementary school is provided in Table 4. Table 4 - Elementary School On-Site Storage Bayshore Elementary School Type of Vehicle On-Site Stacking Needed On-Site Stacking Provided AM Peak AM peak hour should need minimal stacking 8 buses 4 daycare vans 62 vehicles Parent (max 78 vehicles) Buses (max 8 buses) Daycare vans (max 4) Staff PM Peak Parent (max 78 vehicles) 49 vehicles Buses (max 8 buses) Daycare vans (max 4) 8 buses 4 daycare vans 8 Visitor parking - 68 spaces On-site stacking - 45 vehicles Full-size bus loop - 10 buses Daycare van loop - 12 vans Staff parking - 106 spaces Visitor parking - 68 spaces On-site stacking - 45 vehicles Full-size bus loop - 10 buses Daycare van loop - 12 vans Off-Site Circulation The on-site stacking provided for parents and buses is expected to be adequate at Bayshore Elementary School based on the analysis of traffic operations at La Porte Elementary School. All vehicles queued to pick-up students should be accommodated on- site, and no school-generated traffic is expected to queue onto McCabe Road. Capacity Analysis To obtain projected year 20 I 0 peak hour turning movement counts, existing traffic was increased by three percent to reflect area development between 2009 and 2010 and then combined with the distributed trip generation of Bayshore Elementary School. The site- generated peak hour trips were distributed to the following intersections, as shown In Figure 3 (AM) and Figure 4 (PM): · McCabe Road at SH 146 · McCabe Road at Broadway Street · McCabe Road at Proposed School Driveways Ii u i i l3 ., l: 0:: ~ III Ie: C> '" ., '" 0 c: "8 ., ~ It ::I '" ClJ a. 0 ~16 OClO '-31 "'CIO '-78 '-0 ),. .;-115 ),. .;-144 McCabe Road if 0 3~-4 4 ....'" 42-4 13-4 ~~ <0 '" ... ~ :r: (f) Figure 3 - Projected AM Peak Hour Turning Movement Counts 9 i CIO o~ "'~ J 34--<: "1' 79 ..,.... ~.~ 'li) ~ U5 >- '" ~ u '" 0 m L if u j j ~ Ul c a: '" III II:: ~ 01 '" II> '" @ 'E "8 III II> 0; It :::l al a. """ 0 ~g2 r')N 1t 8 NO> '\.....78 McCabe Road '\.....() ). ~56 ).~2 if 0 0 3i-4 ~.... 7-4 6-4 ~ i Figure 4 - Projected PM Peak Hour Turning Movement Counts a; ~ i'i.i >- (II ~ ~ en L At the intersections of McCabe Road with both school driveways, it was assumed that the westbound approaches would consist of a shared through/right-turn lane, the eastbound approaches would consist of a shared left-turn/through lane, and the southbound approaches would consist of a shared left-turn/right-tum lane. The southbound approaches of both driveways were assumed to be stop controlled. A summary of the capacity analysis appears in Table 5; complete Synchro reports are contained in Appendix B. r<<-~--<T';~201(i P;ak Hour Levels-of-Service-(LOS)mel'ay-<---l . I Bayshore Elementary School i 't.~ rK!!.~~7t :ur ! AMl PM I t-__'~____________~________,_~-Q~/Dellay (se,c} I. L,OSlDelay (~_~ ~M~;b~RO;d~t Bro~~-~;~+:t ~~~\V1-::f: +;:5) WB1 ~~e~___,<_..._ ---!----+-L--~-T-.. l-._.-~.j I M~Cabe Road at West School I - I All a I A/6 "I A/a I - I A/9 i A/a I A/a i.. i Dnveway Iii'! I I I rMCEab~ Ro;d-;; E~~ts~hooiT-:-r BtioT~j2t~A1ot-:~rAiWlA7i I AIO 1 I_QDy~~ay ----<--------L~.---..L---_..~__L______.L<<.._<__L."_.___"L___"_l__J IO Results from Table 6 indicate that all approaches at the critical intersections are expected to operate at an acceptable LOS of C - which exceeds the minimum acceptable LOS D _ for all time periods in 20 I 0, except for the eastbound approach of McCabe Road at Broadway Street. That approach is expected to operate at LOS E during the PM peak hour, with approximately 35 seconds of delay per vehicle. Pedestrian Considerations Observations at La Porte Elementary indicated that many of the students at that school walked or biked, presumably because of that school's proximity to residential neighborhoods. Although the new site for Bayshore Elementary will probably not be as convenient for walking and biking, most of the school's students will be transferring from the previous Bayshore Elementary site, which was located in the middle of a residential neighborhood and probably attracted many walkers/bikers. Some of those students that previously walked or biked likely will continue to do so, and accommodations should be made to grant them safe and efficient travel to and from school. A sidewalk should be constructed along the north side of McCabe Road for at least the extent of the school property and preferably to Broadway Street, which already has an ample sidewalk that serves many of the neighborhoods zoned to Bayshore Elementary. Speed Zone School speed limit zones should be established on McCabe Road following Texas MUTCD guidelines. Figure 5 shows the recommended placement of signs along the roadways. The speed limit on McCabe Road should be reduced from 30 MPH to 20 MPH during the speed zone hours. In the morning, the zone should be in effect from 7:15 AM (45 minutes before the start of classes) until 8:00 (the start of school classes). In the afternoon, the zone should be in effect from 3:00 PM (school dismissal) until 3:30 PM (30 minutes after dismissal). I I '\ -- C?l:;] ,~ J \2=:J -- f-cc-=- -=- -~-- ,-:---=-: -=- \ SCHOOL SPEED LIMIT 20 ~lHDCAM :uxJ-J:Xl"lII ~ I i Q I ! C- \(: - --1::\ J P I I ~ I j II I ~? ~~) , 'LJ ~~ I ...~t, "'iI;.'" li~11 W ~~~._~-~~- -"-,,!,~- c=c~,;:i-:= .-=:. ~~~=~--,-==-- -~ ," i I :JRJP()Sl~) SCHJOL ZJi\E II TRAFFIC ENGINEERS, INC. I 3 (SHCRE _ E. i.,[i\E\JTLRY TI 1 THE TEAM You CAN DE..ENC ON I H.!\KKI5 i~7Y, TX ___ L--- ~____.._~_~ IIl;WI<Ci. /WI! -.---t SPEEDl LIMIT [ 30, , 11-' h i --101,-;r-'\=--~ I Agenda Date Requested: Requested By: Ron Bottoms T FOR CITY COUNCIL AGENDA ITEM ecember 14 2009 Bude:et Source of Funds: Department: Administration Account Number: Report: Resolution: Ordinance: Amount Budgeted: N/ A Rail Spur Agreement Amount Requested: Exhibits: Exhibits: Site Plan Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Tim and Stacey and I met recently with George Cook of Frontier Logistics and a consultant, former Houston City Councilwoman Helen Huey, who will be representing Frontier and the other partners in the rail service project just north of Barbours Cut Boulevard, at North Broadway. The city signed a rail agreement with Frontier and Dragon in 2007; the plan at that time was to extend rail service from the existing tracks just east of North Broadway, across a portion of the Flanagan Yard, over North Broadway and westward down the H Street right-of- way. The city received a down payment of $200,000 at the time, with the understanding that if Frontier and Dragon were not able to get eventual approval of the plan, all but $25,000 of the initial payment would be returned. Hurricane Ike forced a delay of the project, as the shipping industry in the area suffered a significant slowdown, and financing for such projects all but dried up. Mr. Cook and Mrs. Huey have asked that the rail agreement be extended another year. They pointed out that a number of advances have been made in the past year toward the eventual completion of this project. One is that Clay Development, which developed the large site at Underwood Road and Highway 225, has now become a pa11 of this project. Also, we have received from Frontier and Dragon the rail engineering drawing we needed in order to be able to proceed with the sale of the remainder of the Flanagan Yard property. We have also received a tentative site plan (attached) showing not only the rail, but also the warehouse that will be built on the west side of North Broadway near the Barbour's Cut intersection, just south of the new rail line. Staff recommends extending the agreement for another year. Should the extension be denied, we would be required to return $175,000 of the $200,000 down payment. . Action Required bv Council: Approve an additional one year extension to the Rail Spur Agreement. Approved for Citv Council Ae:enda Ron Bottoms, City Manager !r/. It" ~, Date RAIL SPUR AGREEMENT STATE OF TEXAS !;l !;l COUNTY OF HARRIS !;l This Agreement made Logistics, LLC, a Texas and entered into by and between Frontier limited liability company, and La Porte Real Property, LLC, a Texas limited liability company, of Harris County, Texas, hereinafter referred to as "Owners", and the CITY OF LA PORTE, a municipal corporation, of Harris County, Texas, hereinafter referred to as "City", Recitations 1. City is the owner of a 5.98 acre tract of land, situated near the intersection of North Broadway Street and East Barbours Cut Boulevard, in the City of La Porte, Harris County, Texas. The legal description of said tract of land (hereinafter referred to as "Property") is attached as Exhibit "A", to a Lease Agreement, by and between city, as Landlord, and James J. Flanagan Shipping Corporation, a Texas business corporation, as Tenant. A true and correct copy of said Lease Agreement is attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. 2. Article 3, on page 5 of said Lease Agreement, provides for a reservation by the Landlord to reduce the area of the Leased Premises, to accommodate a rail spur from the existing railroad tracks on the east side of the Property, across the south portion of the property and continuing on the former North "H" Street right-of-way. In the event that the city, as Landlord, exercises FINAL DRAFT: 02.11.08 such option, (a) the Landlord shall provide the Tenant with six months written notice of its intention to reduce the area of the Leased Premises, and (b) the area of the Leased Premises shall be reduced as shown on Exhibit "A-1" attached to said Lease Agreement, and the rental thereunder shall be reduced on a pro rata square foot or acreage basis, and City, as Landlord, agrees to reimburse the Tenant for the remaining undepreciated value of Tenant' s improvements on that portion of the Leased Premises, based on a 15 year level amortization from the Commencement Date of said Lease Agreement, which was January 1, 1997. 3. Owners own substantially all the real property which abuts the right-of-way of North "H" street in the City of La Porte, extending from the west right-of-way line of North Broadway street, to the east right-of-way line of North 8th street, in the City of La Porte. Owners desire to have the City of La Porte exercise the rail spur option, described in Paragraph 2, above. Owners request City to grant Owners a Rail Easement in form attached hereto as Exhibit "B", incorporated by reference herein, and made a part hereof for all purposes. WHEREFORE, in consideration of the paYment by Owners to City, of a cash sum, which shall be calculated by multiplying (i) that portion of the Railroad Easement located on the property described on Exhibit "A", attached hereto, and (ii) that portion of the Railroad Easement located on the right-of-way of North "H" Street; multiplied by $4.50 per square foot, payable as follows, to-wit: A. Owners shall, upon the execution hereof, make an initial deposit of Two Hundred Thousand Dollars ($200,000.00), to 2 the City, which shall be fully credited by the City to the total cash consideration hereunder; in the event that Owners are unable to secure permits from TCEQ and the other governmental agencies and utilities having jurisdiction over the property, the city shall refund said deposit to Owners, less Twenty-five Thousand Dollar ($25,000.00) thereof, to reimburse City for its administrative costs hereunder; and B. the balance of the consideration shall be paid by Owners to the City of La Porte, as hereinafter provided; and in further consideration of the mutual agreements herein set forth, Owners and City agree as follows: 1. Owners shall, at their sole cost and expense, with the prior written approval of City, engage the services of an engineer / surveyor with experience in railroad track design and construction matters, to prepare a survey plat, and metes and bounds description, with the survey plat showing the location of the proposed railroad spur, in accordance with Exhibit "A-I", to the Lease Agreement attached to this Agreement as Exhibit "A", and the portion thereof connecting to a rail easement in the right-of- way of North "H" street. Upon receipt and approval of said plat and metes and bounds description, City, as Landlord, agrees to give notice to the Tenant under said Lease Agreement, exercising the option hereinabove described. Owners agree to reimburse and save and hold harmless City for the loss in rental, and any other claims for reimbursement and damages, by Tenant under said Lease Agreement, as a result of the exercise of said option by City. Prior to the exercise of said option by City, Owners and City shall 3 enter into a Rail Easement Agreement on the tract of land, based on the plat and metes and bounds description obtained as provided herein. A copy of the proposed Rail Easement Agreement is attached hereto as Exhibit "B", incorporated by reference herein, and made a part hereof for all purposes. 2. City plans to accept bids for the sale of the remainder of the 5.98 acre tract of land, after the legal description of the rail spur option tract has been determined. City has obtained an appraisal of the entire tract, showing its fair market value as $2.25 per square foot. Owners agree to indemnify and hold harmless City, from any loss of value of the remaining tract to be sold by City, for a bid price of less than $2.25 per square foot. 3. Owners agree to prepare and file with City, on or before the 1st day of August, 2008, a development/business plan which shall address the planning and zoning issues that will be involved with development of the rail spur, from the existing railroad tracks, across the Property, and the properties owned by Owners contiguous to North "H street. Nothing contained in this Agreement or in the Rail Easement, shall be construed as a grant of zoning authorization for use of rail access to any of Owners' properties adjacent to the Rail Easement which property is not zoned HI, or a PUD with special exceptions for rail service. 4. Attached to this Agreement as Exhibit "C" is a list of un-resolved violations of City's ordinances, on certain of the properties owned by certain of the Owners. All of these violations shall be abated by the respective Owners, to the satisfaction of City, in accordance with the provisions of Exhibit "C". 4 5. All notices and other communications given pursuant to this Rail Spur Agreement shall be in writing and shall either be mailed by first class United States mail, postage prepaid, registered or certified with return receipt requested, and addressed as set forth in this paragraph, or delivered in person to the intended addressee. Notice mailed in the aforesaid manner shall become effective three business days after deposit; notice given in any other manner, and any notice given to City, shall be effective only upon receipt by the intended addressee. For the purposes of notice, the address of (a) City shall be: City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 Attention: City Manager (b) Owners shall be: Frontier Logistics, LLC 710 North Broadway La Porte, TX 77571 Attention: George Cook La Porte Real Property, LLC 1655 Louisiana Beaumont, TX 77701 Attention: Casey Crenshaw Each party shall have the continuing right to change its address for notice hereunder by the giving of 15 days' prior written notice to the other party in accordance with this paragraph. 5 6. Events of Default. Each of the following occurrences shall constitute an "Event of Default" by Owners under this Rail Spur Agreement: a. The failure of Owners to pay the monetary consideration provided for in this Rail Spur Agreement; and b. The failure of Owners to perform, comply with or observe any other agreement, obligation or undertaking of Owners, or any other term, condition or provision, of this Rail Spur Agreement, and the Rail Easement Agreement, and the continuance of such failure for a period of ten (10) days after written notice from City to Owners specifying the failure. Upon any Event of Default, city may, at City's option and in addition to all other rights, remedies, and recourses afforded City hereunder or by law or equity, do anyone or more of the following: a. Terminate this Rail Spur Agreement and Rail Easement Agreement, by the giving of written notice to Owners, in which event Owners shall pay to City upon demand, any monetary consideration then owed by Owners to city. b. Terminate Owners right to possession of the property described in Exhibit "A" of the Rail Easement Agreement. 7. If either the City or Owners initiate any litigation relating to this Rail Spur Agreement, the prevailing party in such litigation, shall be entitled to recover, in addition to all damages allowed by law and other relief, all court costs and reasonable attorneys' fees incurred in connection with such litigation. 6 ENTERED INTO this the 11th day of February, 2008. CJ!ltlif WI a tha ~ Ie t City Secretary APPROVED AS TO FORM: Kn11~iZ: / ~, I City Attorney "OWNERsn By: Frontier Logistics, LLC A--~ Name: Ge'c"~L- CcJldL Title: t:.~e:> La Porte Real Property, LLC By: ~~. j' -,-...../ (\ 7 STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ NOTICE TO BUYERS, LESSEES, AND OCCUPANTS 5361.539, TEXAS HEALTH AND SAFETY CODE The City of La Porte, a municipal corporation, whose mailing address is 604 West Fairmont Parkway, La Porte, Texas 77571, the owner of land that overlies a closed municipal solid waste landfill facility, hereby gives written notice stating the former use of the facility as a solid waste landfill, the legal description of said former solid waste landfill facility being attached hereto as Exhibit "A" Tract 1, incorporated by reference herein and made a part hereof for all purposes, and does further give notice of the restrictions on the development or lease of said land imposed by Subchapter R, "Use of Land Over Municipal Solid Waste Landfills", of the Texas Health and Safety Code, reference to which is here made for all purposes. The City of La porte, a municipal corporation, the owner of said real property, has filed this notice for record in the office of the County Clerk of Harris County, Tex , as required by said ~361.539, Texas Health and Safety Code, u er rris County Clerk's File No. S236608. WITNESS OUR HANDS AND THE SEAL 0 j:::: & ('-J R V fr(.. Y , 2 0 0 8 . , . I his II ~ of ,..........-- By: ATTEST: '-jjJ~ fl, ~il;/ Martha A. Gil ett City Secretary APbZ:~ ~ Knox W. Askins City Attorney STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ This f~nj Porte, on instrument was acknowledged before me on the'~ day of , 2008, by Ron Bottoms, City Manager of the City of La behalf of said City, in the capacity herein stated. ;a~lt!1t:e of Texas Exhibit "A" - Notice Lease Agreement, by and between City, as Landlord, and James J. Flanagan Shipping Corporation, as Tenant. Exhibit "A" Rail Easement Agreement Exhibit liB" Current violations of City Ordinances by Owners Not later than May 12, 2008: · In accordance with Code of Ordinances, Chapter 106, section 106-637, submit an application and General Plan for a special conditional use permit (SCUP), as required in a Planned unit Development Zoning District, to the Planning and Zoning Commission for recommendation, and the City Council for approval, including, but not limited to, the removal of all shipping containers from Blocks 349, 350, 351 and 352, in violation of the Code of Ordinances, Chapter 106, Section 106- 521, Table A. Applications may be obtained and coordinated through the Planning Department. The General Plan shall conform to the requirements of City Ordinance No. 1444, Section 4.01 and Appendix C. Upon approval of the SCUP: · Apply for a zoning permit for the entire site with the Inspections Division. · Submit a Major Development site Plan in accordance with Code of Ordinances, Chapter 106, Section 106-637 (c), and City Ordinance No. 1444, Section 4.08 and Appendix E, to the Planning Department for review, and approval by the Planning and Zoning Commission. Exhibit "C" a: w ....t-~ =>ffi1:1 uu.... I/)z~ a:o"" =>_l2 ot-s CD=>... a: CD 0 <(a:E= CDt-v I/) o t I r\ . \ I ~ L '\< , 'Ii . i · '\< t · i!i i~t 'l:~t I~i il~ f':'t I.J.ol.. "'IS i~ '. Elf' ~~ : i'" . ~Ii lii- E~:i ~~I t~'\< II i ~ ~ 111'( 'l ... i I 'I, ... I t " t n i t 'l ~ i I f i I . 'Ii '10 i ~ 'Ii ~ '\<- If 'It .. t 'l i \.'1, it .... z :5 c.. w I- Vi ("MoO'II.DOt) A.,MOlIOlIS ~!l1 18_1 ! ("M"OlI.OIJ.EERl.J.S H.J.~ c~ r: 2 ~ ~ C" z'-i~ \.17 ( [ ~ h-I ----- J .--.-----------. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 14,2009 Bud!!et Requested By: Jeff Suggs Source of Funds: Technology Fund Department: IT Account Number: 02360665195004 Report: Resolution: Ordinance: Amount Budgeted: $26,000 Exhibits: Schedule of work and pricing information Amount Requested: $4J,125 Exhibits: Budgeted Item: YES X NO Exhibits SUMMARY & RECOMMENDATION The City of La Porte's IT Department has identified various weaknesses within the current IT structure. In order to provide a closer examination of these weaknesses, the department believes it is necessary to perform an in-depth security assessment of the current system. The department solicited input from three companies and accepted proposals from all three. Each of them had experience in IT vulnerability and security assessments. We selected RSA which is a local firm that we have used in the past for other IT related consulting. RSA Corp can provide a detailed assessment, which will allow us to better identifY and strengthen our current weaknesses. We will sign a professional services agreement using the State DIR. This project is for a full network assessment, including internal and external penetration testing, wireless discovery and an internal network security audit. RSA will be assessing wireless access points, ease of penetration into web portals, VPN connection security, and social engineering tactics. At the conclusion of the project, RSA will present findings; documentation of the current network structure and provide recommendations and ratings relative to the findings. The additional funding for this project will be coming for the Technology Liability account. Action Reauired bv Council: Consider allowing the City Manager to sign and execute the agreement for the IT security assessment. ADD roved for City Council Al!enda Ron Bottoms City M , anager Date 11-/-0/09 PartnerlT - BUSINESS TECHNOLOGY SERVICES PREPARED FOR: Jeff Suggs, EOC Director, City of La Porte James Janoch, IT Manager, City of La Porte PREPARED BY: Tara Hayes, Business Development Manager, RSA Corp Jason Kuhn, VP-CIO, RSA Corp Dave Balcar, CSO, NDI DESCRIPTION This project is for a full network assessment, including internal and external penetration testing, wireless discovery and an internal network security audit. RSA will be assessing wireless access points, ease of penetration into web portals, VPN connection security, and social engineering tactics. At the conclusion of the project, RSA will present findings; documentation of the current network structure and provide recommendations and ratings relative to the findings. STATEMENT OF WORK: 09-0019-COLP DIR OBITS CONTRACT: DIR-SDD-872 DATE: December 8,2009 ~ t-" ' V (j) Q) business T exes IT job 1T suppot'l SolUTions D!R staffing seekers RSA CORP I business I technology ,67 p,o, Box 890646 I Houston, TX 77289 I 281,488]961 I www.RSAcorp.comlinfo@RSAcorp.com Contact Information City of La Porte 3001 N 23rd Street La Porte, TX 77571 EOC Director Jeff Suggs suggsj@laporte.gov (281) 470-0009 RSA Corporation P.O. Box 890646 Houston, TX 77289 BDM - Services Tara Hayes (281) 956-2229 Tara. Hayes@RSACORP.com Services CIO Jason Kuhn (281) 488-7961 Jason.Kuhn@RSACORP.com Chief Operating Officer Stephen Sweeney (281) 488-7961 Stephen.Sweeney@rsacorp.com PROPRIETARY NOTICE This proposal contains confidential information from RSA Corp, which is provided for the sole purpose of permitting the recipient to evaluate the proposal submitted herewith. In consideration of receipt of this document, the recipient agrees to maintain such information in confidence, and to not reproduce or otherwise disclose this information to any person outside the group directly responsible for evaluation of its contents, except that there is no obligation to maintain the confidentiality of any information which was known to the recipient prior to receipt of such infomlation from RSA Corp, or becomes publicly known through no fault of recipient. or is received without obligation of confidentiality from a third party owing no obligation of confidentiality to RSA Corp, {our P2lJ1ner for iT StraTegy, Services & Staffing, Vis't our blog at www.PartnerlT.com. RSA CORP I business I technology 167 P.O. Box 890646 , Houston, TX 77289 I 281.488.7961 I www.RSAcorp.comlinfo@RSAcorp.com Business Case In recent meetings and discussions with the City of La Porte, it was discovered that there were multiple wireless access points, open and vulnerable to intrusion. Upon gathering some additional information, it was also discovered that the city staff is not confident that the city network is adequately protected from viruses and intrusion that could potentially come across the shared services platform of Sungard's OSSI Public Safety Solution software. Finally, additional information revealed in meetings gave us pause for concern relating to Peripheral Component Interconnect (PCI) compliance and the city's current setup to relay payment information to third party processing centers. Business Value RSA Corp provides IT security assessment, remediation and training services through the Department of Information Resources (DIR) Deliverables Based IT Services (DBITS) contract. RSA Corp delivers these services to cities, counties, ISDs, banks and other institutions. The information provided in the findings report has been invaluable to our clients to assist them in hardening their security and lowering their risk for intrusion. It has also assisted them in hardening services provided by third party sources and protecting them from a liability standpoint. RSA Corp is more than happy to provide multiple references for similar work performed and from other sources in the community. Objective The objective of the IT security assessment for the City of La Porte is as follows: · Wireless Assessment o Run discovery and penetration testing for wireless access points in buildings where the city conducts business or operations · External Assessment o Outside penetration testing of public IP address range o Outside penetration testing of the city's two (2) websites \iour Partner for iT StrategYl Services & Staffing, V!sit our blog at www.PartnerIT.com. RSA CORP I business I technologyn7 ItJ P,O, Box 890646 I Houston, TX 77289 I 281,488.7961 I www.RSAcorp.comlinfo@RSAcorp.com · Internal Assessment o Review the configuration and setup of the server used to transmit payment information for utilities, court fees, etc. o Diagram network setup, review network security configuration and test for ease of penetration (all servers) o Social engineering tests at various city locations to test vulnerability of penetrating the city's systems via social tactics o Review of current IT policies and procedures for IT security Approach RSA Corp proposes to setup discovery tools and document all wireless access points which could potentially affect the security of the city's network. We propose to document whether or not the access points are completely open or utilize encryption and the type of encryption utilized. RSA Corp will attempt to gain access to the city's network and will document and take screen shots of findings up to administrative login pages, but will not use brute force methods to enter or potentially disrupt the network as a whole. RSA Corp will work both on- site and from remote locations during the duration of the project and will not notify the city of the specific times and dates of the penetration testing as to conduct the testing blindly. This methodology allows for accurate and realistic information to be gathered without potential staff intervention. Relating to the testing of external facing IP addresses and website penetration tests, RSA plans to utilize two separate security teams. One team will be provided a range of IP addresses to test, while another team will be tasked in locating potential IP addresses associated with the City of La Porte, without being provided technical information. All sources of information discovered will be tested and included in the findings report. Your Pai"1ner for IT Strategy, Services & Staffinq, Visit our brog at www.PartnerIT.com. RSA CORP I business I technology n.... f;J IfiJ P.O. Box 890646 I Houston, TX 77289 I 281.488.7961 I www.RSAcorp.comlinfo@RSAcorp.com Project Scope The scope of the project includes auditing 28 servers, 11 city locations for discovery and configuration of wireless access points (including fire stations, city hall, the EOC & police station, golf store and other locations disclosed to RSA as being of interest). The scope also includes external penetration testing on a range of external facing IP addresses, two city websites, a review of current IT policies and procedures for IT security and the ability to penetrate the cities systems through social engineering tactics. A portion of the scope of the project will reveal the security of the internal systems routed to the OSSl network and inherit security vulnerabilities related to the system that currently routes credit card payment information to a party payment processing center for utility billing and golf store purchases. Deliverables RSA Corp will deliver a minimum of two reports to the City of La Porte in both hard copy and soft copy. One report will be an executive summary, containing high level findings and providing the city with an overall rating of how they rank with other cities and other industries. A second report will disclose specific details relating to each area of the audit and specific findings, recommendations for remedies and or tools that would suffice to assist the city in hardening IT security. Additional reports may be provided via soft copy with screen shots of specific areas of concern and recommendations for remedy. Assumptions and Constraints . Authority has been granted to enter the network perimeter, up to the login page of the websites and external facing IP addresses, should penetration testing be successful. Screen shots of the login pages will be provided, should test prove successful. In addition, screen shots of other elements of concern within the website will be provided and discussed. . '{our Partner for IT Strategy, Services & Visit our blog at www.PartnerIT.com. RSA CORP I business I technology ,67 P.O. Box 890646 I Houston, TX 77289 I 281.488.7961 I www.RSAcorp.comlinfo@RSAcorp.com · A penetration into the city's network, past the login page is not authorized Estimate of Equipment and/or Professional Services Fees RSA Corp proposes to deliver this network security assessment for a fixed price of $43,125. The work breaks down into the following areas: Outside Penetration Testing: Wireless Testing: Internal Audit: $7,650 $6,125 $29,350 Schedule RSA Corp proposes the following delivery schedule for the project: Description Time Table Completion Penetration Research Begin within 10 TBD Analysis working days of executed proposal Synthesizing of the One Week Approximately 5 days after Findings completion of all tests Project Closure & Delivery TBD TBD - approximately 3-4 weeks of Findings from kick-off Service Level Agreements: · RSA Corp proposes to provide the City of La Porte with a kick-off schedule within ten (10) working days of receipt of the executed Statement of Work/Proposal. · RSA Corp commits to providing weekly verbal status reports to the client during the duration of the project. Your Panner for iT Str;::'ltegy, Services & Visit our biog at www.PartnerIT.com. RSA CORP I business I technology If;l P.O. Box 890646 I Houston, TX 77289 I 281.488.7961 I www.RSAcorp.comlinfo@RSAcorp.com · RSA Corp commits to responding to all communication from client within a timely manner. Standard communication will be responded to within the same working day; emergency situations will be responded to within one (1) hour. At any point, should the client feel uncomfortable in the resolution path, they are asked to escalate communication for immediate resolution. · RSA Corp utilizes a Change Control process and requires documentation for scope enhancements made during the duration of the project. These documents describe the changes to be made and the fees associated with the changes. They must be approved and signed by the client prior to the enhancements being added as a part of the overall project. A copy of the change request document is attached to the back of this Statement of Work. T arms and Conditions Each round trip to the Client location will be charged a trip fee of forty-five dollars ($45). For locations outside a thirty (30) mile radius of downtown (measured from La Porte, TX) the actual mileage will be charged at the current IRS mileage rate. This Statement of Work addresses servIces to be provided by Technology Transfer Incorporated dba/RSA Corporation (RSA) "Company" to the City of La Porte, hereinafter referred to as "Client". This entire agreement is in accordance to the terms and conditions set forth in RSA's DBITs contract to provide deliverables based IT services through DIR under contract number DIR-SDD-872 as disclosed at http://www.dir.state.tx.us/store/busops/dbits/docs/872.pdf.This Statement of Work sets forth all of the promises. agreements, conditions, understandings, warranties and representations between the parties with respect to the matters contemplated and supersedes all prior agreements, arrangements and understandings between the parties with respect thereto, whether written, oral or otherwise. There are no promises, agreements, conditions, understandings, warranties or representations, oral or written, Your Pailner for iT Strategy, Services & Staffin,]. V,si, our olog at www.PartnerIT.com. RSA CORP I business I technology ,fi"-' P.O. Box 890646 I Houston, TX 77289 I 281.488.7961 I www.RSAcorpcom I info@RSAcorp.com express or implied, between the parties concerning the subject matter hereof or thereof except as set forth herein or therein. Reporting RSA Corp will provide a verbal weekly progress report to the client's pre-designated primary point of contact. The verbal report will cover all work performed and completed during the week and present the work to be performed during the subsequent week. It will also detail any problems encountered during the course of the project and the resolution. Rules of Engagement One of the first tasks the RSA Corp project manager performs in any project is to review and update the project rules of engagement with the Client's project manager. They decide the details of how the project will be planned, executed, controlled, and closed. The below represents RSA Corp's project methodologies: Work Plan Management The RSA Corp project manager is responsible for maintaining the project work plan on a daily basis. The work plan is used to guide the project and to assign work to be accomplished. The work plan is based line to monitor what is planned to work that is accomplished. The work plan allows the project manager to keep up with all the tasks need to be accomplished. This plan will be updated and presented to the project team weekly to keep the team on schedule. 'fOUf Par1.ner for 11' Strategy, Services & StaffinG< Visit our blord at www.PartnerIT.com. RSA CORP I business I technology 167 P.O. Box 890646 I Houston, TX 77289 I 281.488.7961 I www.RSAcorp.comlinfo@RSAcorp.com Issue Management An issue is a formally defined topic that may impede the progress of the project or impact the design without a timely resolution. Issue identification and management are very important aspects of project management and may require involvement from the client. Any member of the technical team or client's end-user community may raise an issue for consideration. Most issues are generated within the context of the project and it is expected that most issues will be resolved quickly within the project team hierarchy. Change Request Process Any request or issue, resulting in a requirement that falls out of the scope of the project requires a change request. RSA Corp will complete the change request form along with the recommended resolution, cost and associated risks for the clients review. A change request will not be approved unless both parties agree, in writing, to the proposed change. {our Partner irx iT 8('21t89\1, Services .3c Staffing. Visit our blog at www.PartnerIT.com. RSA CORP I business I technology n7 /iLI P.O. Box 890646 I Houston, TX 77289 I 281.488.7961 I www.RSAcorp.comlinfo@RSAcorp.com Proposal Signature Agreement Statement of Work 09-0019-COLP This proposal is valid through January 8th, 2010. Name approves this scope of work. RSA Corp Signature -~ ~.~ Title Title Chief Operations Officer Name Stephen Sweeney Date Date \LI1. (0, Your Partner for iT Strategy, Services & St,lffing. Vis;t our r;log at www.PartnerIT.com. RSA CORP I business I technology ,lJl P.O. Box 890646 I Houston, TX 77289 I 281.488.7961 I www.RSAcorp.comlinfo@RSAcorp.com Appendix A - RSA Service Change Request (SCR) # Project: Performed under PSA# Client: Date: Requested by: Telephone Numbt'r: _ Nature of the proposed change: I Reasons for the change: I Potential Risl,s: I Risk Mitigation/Change Back-out Plan: I I mpact of change on project: I Nature of the proposed change: I Estimated Honrs: Estimated Pricing: Schednle Changes: I This Service Change Request is: Approved D ReJected 0 Heason(s) for Non-App,'oval: I Signatures: RSA Project Sponsor: Date: Client ProJect Sponsor: _ Date: Ycur P~~i"1ner h:-)l'" !T Services & Staffino. Visit our 0109 at www.PartnerIT.com. Contents Your Issues and Goals ........ 3 Our Recommendation ......... 4 Summary Pricing ................ Your AT&T Advantage......... 7 Your Account Team ............ 8 Additional Notes................. Natasha Pratt Tsc 1 Module Geh 6500 West Loop S Rm FI 1 Bellaire, TX 7740] Phone: 713-567-8508 Email: nI5132@semail.att.com ~ at&t November 16,2009 Mr. Jeff Suggs MIS Director City of La porte 3001 North 23rd Street La Porte, TX 77571 Dear Mr. Suggs: Tight budgets, expanding constituencies, and increased security are just a few of the factors driving government planning in our country. Government agencies have to behave as any other industry to keep up. You don't have time to digest tons of technical material to solve communications issues. You want straightforward solutions for your ever-complex issues. The AT&T companies are ready to help City of La porte rely on a communications provider that is committed to achieving results. We propose OPT-E-MAN@ Service, a high-speed data solution that connects your LANs within the same metropolitan area. OPT -E-MAN service gives you: . Competitive Pricing-Priced at 15-20% lower than similar services, OPT-E-MAN service has higher bandwidth levels and equivalent contract terms. . Reduced Complexity-oPT-E-MAN is easy to use and requires no additional training or administration. . Network Management-We fully manage and administer OPT-E-MAN service from edge to edge. Our management eliminates your need for costly maintenance. We offer an integrated solution that will enhance your communications network and provide greater access to information and communications. Our solution combines OPT-E-MAN service and Managed Internet Service (MIS). These products will perfectly complement each other. Together they . Offer versatility by accommodating different protocols, equipment, and applications . Support extensive record and data transfer capabilities . Provide the higher level of telecommunications quality inherent in digital technology When you consider the whole picture--our competitively priced solution combined with our reputation for reliability and support-you'll find we offer an excellent communications value. Please see the page 6 for pricing information. AT&T wants to provide City of La porte with a real solution to meet today's economic challenges and prepare you for tomorrow's opportunities. We know you have a choice of communications providers, and we want to earn your business. After you review this proposal, I know you'll agree that we have the right solution to meet your needs. We will strive to exceed your expectations when you do business with us. Sincerely, N atasha Pratt Tsc 1 Module Geh Your Issues and Goals Issues affecting City of La porte From our discussions with you and the experience we've gained from working, with other successful government agencies, we've learned about key issues you face and specific goals you want to accomplish. Issues surrounding Government Regulations regularly affect government organizations like City of La porte. These issues can influence your communications decisions. Even though people may believe you are on the other side of the red tape, you know that regulation can hamper your agency. Fortunately, they don't have to impede your communications provider. Goals you want to achieve To address these issues, we understand that City of La porte would like to rely on a communications provider that is committed to achieving results. Specifically, you want to . Reduce your agency's concerns about the reliability of its communications system . Trust your provider to stand behind the solution it offers your agency . Work with a provider who is committed to your agency's success Our solution addresses your key issues and supports your long- and short-term goals. In the following pages, we'll describe the solution, explain how it works, and define its key benefits. Then we'll summarize its cost. Our Recommendation To enhance your communications network, we recommend that City of La porte implement a complete, integrated solution that includes OPT-E-MAN@ Service and Managed Internet Service (MIS). Let's look at each of your "'- solution's components individually. Connect Multiple Sites in a City with OPT -E-MAN service OPT-E-MAN@ Service is a switched Ethernet service that connects your LANs within the same metropolitan area. OPT-E-MAN service provides a fully managed service that uses optical transport. How does it work? OPT -E-MAN service uses Ethernet LAN packets that run over optical fiber to the Internet or your network. The fiber transport connects to network terminating equipment at your location, and you connect to the service using a router, bridge, or switch. The service provides flexible bandwidth options from 10 Mbps to 1 Gbps. What will it do for me? You can ensure 24x7 connectivity among your sites with OPT-E-MAN service, a fiber optic solution. This Ethernet service is powerful enough to handle application access and data and video transport. It also supports dedicated Internet access, transparent LAN services, and network-based VPN. You can keep employees updated and involved with company issues without wasting time and money on travel. To help you achieve these goals, OPT-E-MAN service gives you these features: . Competitive Pricing-Priced at 15-20% lower than similar services, OPT-E-MAN service has higher bandwidth levels and equivalent contract terms. . Reduced Complexity-OPT-E-MAN is easy to use and requires no additional training or administration. . Network Management-We fully manage and administer OPT-E-MAN service from edge to edge. Our management eliminates your need for costly maintenance. OPT-E-MAN@ Service works seamlessly with Managed Internet Service (MIS) to ensure the success of this integrated communications solution. Converge your network with MIS Managed Internet Service (MIS) is an Internet access service that combines a high-speed, dedicated connection with consolidated application management. It lets you reliably access information resources and communicate with Internet users worldwide. MIS includes proactive, 24x7 network monitoring, enhar1ce& . network security features, and maintenance of the communications link between your locations and the AT&T network. How does it work? Managed Internet Service (MIS) with Voice over IP (VoIP) will help you get the most out of your communication investment. The MIS Access Redundancy Option (MARO) and V oIP can help to ensure uninterrupted Internet access. Private Transport Network and V oIP run with MIS at the core. MIS with V oIP gives you choices for speed, network access, component management, and network security. The service includes a dedicated port on our OC48/0C192 network backbone, industry-leading service level agreements (SLAs), 24x7 customer support, technical assistance, proactive monitoring, and network management tools. What will it do for me? This converged network solution can save time and money, help you to keep your competitive edge, and enhance your revenue growth potential. And since we manage the entire service, you can conduct business with confidence. To help you achieve these goals, MIS gives you these features: . Fully managed, dedicated Internet access-gives you reliable Internet access that we back with industry-leading service level guarantees and manage from end to end . 'Round-the-clock customer support-provides you with expert 24x7 technical assistance, proactive monitoring of your network, and coordinated service installation . Flexible access-lets you choose the speed and access method you need, including Ethernet, VoIP, and access redundancy options . Single provider-gives you both Internet service and access with one contract and one monthly bill for multiple services Summary Pricing Our recommendation offers a complete solution from the AT&T companies. We have the knowledge, experience, and financial stability to do the job right. The following table identifies the incremental and total costs of our integrated " solution for City of La porte. Product Quantity Monthly One-Time Charge Charge OPT-E-MAN Network on 5 year term $3,486.00 $0.00 Managed Internet Service (MIS) on 5 year term Totall11(mthly cost 1 $896.10 $0.00 $4,382.10 $0.00 Beyond the solution and price Other providers offer viable-often identical-solutions. The truth is that many of our competitors use our facilities to bring their service to you. Now that you know how our price compares with theirs, we want to tell you about the difference between them and us: real value. Your AT&T Advantage On the preceding pages, we described our recommendation, which includes OPT-E-MAN@ Service and Managed Internet Service (MIS). Together, these products provide a complete, cost effective communications solution. For the solution to be truly valuable, it must be cost effective. You've seen the costs. Our prices are competitive with those of any brand-name provider. With our integrated solution, you'll receive quality service from an industry leader who is committed to your organization and your bottom line. Plus, you'll receive excellent value: . Reliability-Our companies are some of the strongest, most dependable communication providers in the industry. We monitor our network to identify and correct service issues quickly. Your constituents trust you to deliver the services they rely on; you can trust us to provide sound, reliable data services. . Service-- W e offer you easy access to service and assistance, whether through online tools or a single phone number. As a result, you may spend less time on communication issues and have more time to focus on your business. Your government agency wants a solution-based approach to its data services. We're here to give you a complete solution that will see you through your communications challenges. . Complete Solutions-AT&T offers a complete range of solutions. We're qualified to work with a wide variety of communication products and can assess your needs to find the best solutions. Our advantage stems from being able to understand what your government agency needs and from having the resources to deliver the right data service. Let us put these assets to work for you today. If you believe that our solution will meet your needs, we're ready to negotiate all terms and conditions immediately. Your Account Team One thing consistently sets AT&T companies apart from other providers-a dedicated account team. This table lists contact information. Call us if you have questions or concerns. We'll come through for you. \. Additional Notes This proposal expires in thirty (30) days OPT-E-MAN@ Service OPT -E-MAN@ service is provided by Southwestern Bell Telephone Company, d/b/a AT&T Arkansas, AT&T Kansas, AT&T Missouri, AT&T Oklahoma, and AT&T Texas; Pacific Bell Telephone Company, dba AT&T California; The Southern New England Telephone Company, dba AT&T Connecticut; Nevada Bell Telephone Company, dba AT&T Nevada; Illinois Bell Telephone Company, dba AT&T Illinois; Indiana Bell Telephone Company, Incorporated, dba AT&T Indiana; Michigan Bell Telephone Company, dba AT&T Michigan; The Ohio Bell Telephone Company, dba AT&T Ohio; and/or Wisconsin Bell, Inc., dba AT&T Wisconsin, based upon the service address location. OPT-E-MAN service will be offered with guaranteed throughput thresholds based on the service configuration provided to the customer. There are distance limitations with OPT-E-MAN service based on the Network Terminating Equipment owned by the AT&T local phone companies to provide service to the customer. All service designs will need to be verified prior to selling and installing OPT -E-MAN service to ensure correct provisioning and maintenance. Subsidiaries and affiliates of AT&T Inc. provide products and services under the AT&T brand. Ii:> 2009 AT&T Intellectual Property. All rights reserved. AT&T, the AT&T logo, and all other AT&T marks contained herein are trademarks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks contained herein are the property of their respective owners. The contents of this document are unpublished, proprietary, and confidential and may not be copied, disclosed, or used, in whole or in part, without the express written permission of AT&T Intellectual Property or affiliated companies, except to the extent required by law and insofar as is reasonably necessary in order to review and evaluate the information contained herein. Managed Internet Service (MIS) Managed Internet Service is provided by AT&T Corp. Subsidiaries and affiliates of AT&T Inc. provide products and services under the AT&T brand. Ii:> 2009 AT&T Intellectual Property. All rights reserved. AT&T, the AT&T logo, and all other AT&T marks contained herein are trademarks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks contained herein are the property of their respective owners. The contents of this document are unpublished, proprietary, and confidential and may not be copied, disclosed, or used, in whole or in part, without the express written permission of AT&T Intellectual Property or affiliated companies, except to the extent required by law and insofar as is reasonably necessary in order to review and evaluate the information contained herein. PROPRIETARY: Not to be disclosed or reproduced without written permission 9 ~ at&t AT&T MA Reference No. AGREEMENT Customer City of La Porte 3001 North 23rd Sreet La Porte, TX 77571 USA Customer Contact Name: Jeff Suggs Tille: IT Director 3001 North 23rd Sreet La Porte , TX 77571 United Stat Telepho : 28147 3607 Fax: Ema' . suggsj@1 ortetx.gov B: Name: M"j Title: Date: This Agreement between the customer named above ("Customer") and AT&T Corp. ("AT&T") , is effective when signed by both parties, and continues as long as Services are provided under this Agreement. The terms and conditions of the services and equipment that AT&T provides to Customer under this Agreement ("Services") are found in this document and the following additional documents: (i)Tariffs, Guidebooks and Service Guides found at all. com/service publications; (ii) Pricing Schedules or other attachments now or later attached to this Agreement; (iii) the Acceptable Use Policy ("AUP") found at all.com/aup. AT&T may revise Tariffs, Guidebooks, Service Guides, or the AUP (collectively "Service Publications") at any time, and may direct Customer to websites other than listed above. The order of priority of the documents that form this Agreement is: Pricing Schedules; this Agreement; the AUP; and Tariffs, Guidebooks and Service Guides; provided that, Tariffs will be first in priority in any jurisdiction where existing law or regulation does not permit contract terms to take precedence over inconsistent tariff terms. An AT&T Affiliate or Customer Affiliate may sign a Pricing Schedule referencing this Agreement in its own name and such Affiliate contract will be a separate but associated contract incorporating the terms of this Agreement. Customer and AT&T will have their respective Affiliates comply with this Agreement. An "Affiliate" of a party is an entity that controls, is controlled by, or is under common control with such party. msa_ua_verJrtf AT&T AT&T Corp. AT&T Contact for notices 6500 WEST LOOP S BELLAIRE, TX 77401 With a copy to: AT&T Corp. One AT&T Way Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mastli.ilatt.com B: Name: Tille: Date: Services: AT&T will either provide or arrange to have its Affiliate provide Services to Customer under this Agreement, subject to availability and operational limitations of systems, facilities and equipment. Where required, an AT&T Affiliate authorized by the appropriate regulatory authority will be the service provider. Customer may not resell the Services to third parties (excluding Customer's Affiliates) without AT&T's written consent. Customer will cause Users (anyone who uses or accesses any Service provided to Customer) to comply with this Agreement, and Customer is responsible for their use of any Services, unless expressly provided to the contrary in a Service Publication. If a Service is provided over or accesses the Internet, Customer, its Affiliates, and Users will comply with the AUP. Customer will in a timely manner allow AT&T to access, or at Customer's expense obtain timely access for AT&T to, property (other than public property) and equipment reasonably required to provide the Services. Access includes information and the right to construct, install, repair, maintain, replace and remove access lines and network facilities, and use ancillary equipment space within the building, necessary for Customer's connection to AT&T's network. Customer will furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities, and other items required to perform installation of the Services, and obtain any necessary licenses, permits and consents (including easements and rights-of-way). MSA UA VER I 07/14/2008 AT&T and Customer Confidential Information Page 1 of4 eCRM ID Customer will ensure that the location at which AT&T installs, maintains or provides Services is a suitable and safe working environment, free of any substance or material that poses an unreasonable risk to health, safety, or property or whose use, transport, storage, handling, disposal, or release is regulated by any law related to pollution, protection of air, water, or soil, or health and safety. If AT&T encounters any such hazardous materials at a Customer location, AT&T may terminate the affected Service, or suspend performance until Customer removes the hazardous materials. AT&T Eauioment: Services may include use of certain equipment owned by AT&T that is located at the address in a Pricing Schedule ("AT&T Equipment"), but title to the AT&T Equipment will remain with AT&T. Customer must provide electric power for the AT&T Equipment and keep the AT&T Equipment physically secure and free from liens and encumbrances. Customer will bear the risk of loss or damage (other than ordinary wear and tear) to AT&T Equipment. Prices. Pricina Schedule Term. and Taxes: Unless a Pricing Schedule states otherwise, the prices listed in a Pricing Schedule are stabilized until the end of the Pricing Schedule Term. No promotion, credit or waiver set forth in a Service Publication will apply unless the Pricing Schedule states otherwise. At the end of a Pricing Schedule Term, Customer will have the option to either: (a) cease using the Service (which will require Customer to take all steps required by AT&T to terminate the Service); or (b) continue using the Service under a month-to-month service arrangement. Unless a Pricing Schedule states otherwise, during any month-to- month service arrangement, the prices, terms and conditions in effect on the last day of the Pricing Schedule Term will continue until changed by AT&T on 30 days' prior notice to Customer. Prices in the Pricing Schedules are exclusive of, and Customer will pay, all current or future taxes, regulatory surcharges, recovery fees, shipping charges, and other similar charges specified or allowed by any governmental entity relating to the sale, use or provision of the Services. Billina. Pavments. Deoosits and MARC: Payment is due 30 days after the invoice date (unless another date is specified in an applicable Tariff or Guidebook) and must refer to the invoice number. Restrictive endorsements or other statements on checks are void. If Customer does not dispute a charge in writing within 6 months after the invoice date, Customer waives the right to dispute the charge (except to the extent applicable law or regulation requires otherwise). AT&T may charge a late fee for overdue payments: (i) for Services contained in a Tariff or Guidebook, at the rate specified therein; or (ii) for all other Services, at the lower of 1.5% per month (18% per annum) or the maximum rate allowed by law; plus (iH) all costs (including attorney fees) of collecting delinquent or dishonored payments. AT&T may require Customer to establish a deposit as a condition of providing Services. Customer authorizes AT&T to investigate Customer's credit and share information about Customer with credit reporting agencies. If the Pricing Schedule includes a MARC, and Customer's annual MARC-Eligible charges (after deducting discounts and credits (other than outage or SLA credits) are less than the MARC in any period, Customer will be billed for the shortfall, and payment will be due 30 days after the invoice date. Termination and Susoension: Either party may terminate this Agreement immediately upon notice if the other party becomes insolvent, ceases operations, is the subject of a bankruptcy petition, or makes an assignment for the benefit of its creditors. AT&T may terminate or suspend a Service, and if the activity implicates the entire Agreement, terminate the entire Agreement, immediately upon notice if Customer: (i) commits a fraud upon AT&T; (H) utilizes the Service to commit a fraud upon another party; (iii) unlawfully uses the Service; (iv) abuses or misuses AT&T's network or Service; or (v) interferes with another customer's use of AT&T's network or services. Customer may msa_ua_verJrtf terminate an affected Service for material breach by AT&T, and AT&T may terminate or suspend (and later terminate) an affected Service for material breach by Customer, if such breach is not cured within 30 days of notice. If Customer fails to rectify a violation of the AUP within 5 days after receiving notice from AT&T, then AT&T may suspend or terminate the affected Service. AT&T has the right, however, to suspend or terminate the applicable portion of the Service immediately when: (i) AT&T's suspension or termination is in response to multiple or repeated AUP violations or complaints; (ii) AT&T is acting in response to a court order or governmental notice that certain conduct must be stopped; or (iH) AT&T reasonably determines: (a) that it may be exposed to sanctions, liability, prosecution, or other adverse consequences under applicable law if AT&T were to allow the violation to continue; (b) that such violation may cause harm to or interfere with the integrity or normal operations or security of AT&T's network or networks with which AT&T is interconnected or interfere with another customer's use of AT&T Services or the Internet; or (c) that such violation otherwise presents imminent risk of harm to AT&T or AT&T's customers or their respective employees. Notwithstanding that a Pricing Schedule may commit AT&T to provide a Service to Customer for a Pricing Schedule Term, and unless applicable local law or regulation mandates otherwise, AT&T may discontinue providing a Service upon 12 months' notice, or a Service Component upon 120 days' notice, but only where AT&T generally withdraws the Service or Service Component for similarly-situated customers. If Customer terminates a Service prior to the date Customer's obligation to pay for Services begins, Customer will reimburse AT&T for time and materials, including any third party charges, incurred prior to the effective date of termination. Thereafter, if Customer terminates a Service for Customer's convenience, or AT&T terminates a Service for any of the reasons specified in the first paragraph of this Section, Customer must pay all applicable termination charges: (i) if termination occurs before the end of the Minimum Payment Period (the minimum period specified in Pricing Schedules for which Customer is required to pay recurring charges for the Service), Customer must pay 50% (unless a different percentage is specified in the Pricing Schedule) of the monthly recurring charges for the terminated Service multiplied by the months remaining in the Minimum Payment Period, plus any waived or unpaid non-recurring charges identified in the Pricing Schedule (including, but not limited to, any charges related to a failure to satisfy a Minimum Retention Period), plus any third-party charges incurred by AT&T due to the termination, all of which will be, if applicable, applied to Customer's MARC-Eligible Charges; and (H) if Customer terminates a Pricing Schedule that has a MARC, Customer must pay an amount equal to 50% of the unsatisfied MARC for the balance of the Pricing Schedule Term, after applying amounts received pursuant to (i). The termination charge set forth in (i) above will not apply if a terminated Service is replaced with an upgraded Service at the same location, but only if (a) the Minimum Payment Period and associated charge for the replacement Service are equal to or greater than the Minimum Payment Period and associated charge for the terminated Service, and (b) the upgrade is not restricted in the Service Publication. In addition, Customer may terminate a Service without incurring termination charges if (a) AT&T revises a Service Publication and the revision has a materially adverse impact upon Customer; (b) Customer gives 30 days' notice of termination to AT&T within 90 days of the date of the revision; and (c) AT&T does not remedy the materially adverse impact prior to the effective date of termination. "Materially adverse impacts" do not include changes to non-stabilized rates, changes required by MSA UA VER I 07/14/2008 AT&T and Customer Confidential Information Page 2 of 4 eCRM ID governmental authority, or changes in additional charges such as surcharges or taxes. Disclaimer of Warranties and Liabilitv: AT&T MAKES NO EXPRESS OR IMPLIED WARRANTY AND DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR THOSE ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. FURTHER, AT&T MAKES NO WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING 911 CALLS), OR WARRANTY REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR LOAD BALANCED, THAT AT&T'S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER'S DATA, OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES RELATING TO: INTEROPERABILlTY, ACCESS TO OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR OTHERS; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR INTERRUPTIONS (EXCEPT FOR LIABILITY FOR SUCH EXPLICITLY SET FORTH HEREIN); ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS); LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER'S OR OTHERS' APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMS. Limitation of Liabilitv: AT&T'S ENTIRE LIABILITY, AND CUSTOMER'S EXCLUSIVE REMEDY, FOR DAMAGES ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE SERVICES, AND NOT CAUSED BY CUSTOMER'S NEGLIGENCE, SHALL IN NO EVENT EXCEED THE APPLICABLE CREDITS SPECIFIED IN THE SERVICE PUBLICATION, OR IF NO CREDITS ARE SPECIFIED, AN AMOUNT EQUIVALENT TO THE PROPORTIONATE CHARGE TO CUSTOMER FOR THE PERIOD OF SERVICE DURING WHICH SUCH MISTAKE, OMISSION, INTERRUPTION, DELAY ERROR OR DEFECT IN THE SERVICES OCCURS AND CONTINUES. IN NO EVENT SHALL ANY OTHER LIABILITY ATTACH TO AT&T. THIS LIMITATION WILL NOT APPLY TO: (I) BODILY INJURY, DEATH, OR DAMAGE TO REAL OR TANGIBLE PROPERTY DIRECTLY CAUSED BY AT&T'S NEGLIGENCE; OR (II) SETTLEMENT, DEFENSE OR PAYMENT OBLIGATIONS UNDER THE "THIRD PARTY CLAIMS" PARAGRAPH. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES. These disclaimers and limitations of liability will apply regardless of the form of action, whether in contract, tort, strict liability or otherwise and whether damages were foreseeable. These disclaimers and limitations of liability will survive failure of any exclusive remedies provided in this Agreement. Third Partv Claims: AT&T agrees at its expense to defend or settle any claim against Customer, its Affiliates, and its and their employees and directors, and to pay all compensatory damages finally awarded against such parties where the claim alleges that a Service infringes any patent, trademark, copyright, or trade secret, except where the claim arises out of: (i) Customer's or a User's content; (ii) modifications to the Service by Customer or third parties, or combinations of the Service with any services or products not provided by AT&T; (iii) AT&T's adherence to msa_ua_verJrtf Customer's written requirements; or (iv) use of the Service in violation of this Agreement. AT&T may at its option either procure the right for Customer to continue using, or may replace or modify, the alleged infringing Service so that the Service becomes non-infringing, or failing that to terminate the Service without further liability to Customer. Customer agrees at its expense to defend or settle any claim against AT&T, its Affiliates, and its and their employees, directors, subcontractors, and suppliers, and to pay all compensatory damages finally awarded against such parties where: (i) the claim alleges that a Service infringes any patent, trademark, copyright or trade secret, and falls within the exceptions under (i)-(iv) above; or (ii) the claim alleges a breach by Customer, its Affiliates, or Users of a software license agreement governing software provided with the Services. Import/Export Control: Customer, not AT&T, is responsible for complying with import and export control laws, conventions and regulations for all equipment, software, or technical information Customer moves or transmits between countries using the Services. ARBITRATION: ALL CLAIMS OR DISPUTES ARISING FROM THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES (SUBJECT TO THE REQUIREMENTS OF THE FEDERAL ARBITRATION ACT) AND ANY JUDGMENT ON ANY AWARD RENDERED MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN OR INITIATE CLASS ACTIONS; IF THE PARTIES CANNOT WAIVE THESE RIGHTS, THIS ENTIRE SECTION IS NULL AND VOID. General Provisions: This Agreement and any pricing or other proposals are confidential to Customer and AT&T. Neither party may publicly disclose any confidential information without the prior written consent of the other, unless authorized by applicable law, regulation or court order. Until directed otherwise by Customer in writing, if AT&T designates a dedicated account representative as Customer's primary contact with AT&T, Customer authorizes that representative to discuss and disclose Customer's customer proprietary network information to any employee or agent of Customer without a need for further authentication or authorization. This Agreement may not be assigned by either party without the prior written consent of the other party, which consent will not be unreasonably withheld or delayed. AT&T may: (i) assign in whole or relevant part its rights and obligations under this Agreement to an Affiliate, or (ii) subcontract work to be performed under this Agreement, but AT&T will in each such case remain financially responsible for the performance of such obligations. Any claim or dispute arising out of this Agreement must be filed within two years after the cause of action arises. This Agreement does not provide any third party (including Users) any remedy, claim, liability, cause of action or other right or privilege. Regulated Services will be governed by the law and regulations applied by the regulatory commission having jurisdiction over the Services. Otherwise, this Agreement will be governed by the law and regulations of the State set forth above for Customer's address, without regard to its conflict of law principles. This Agreement is limited to Services to be provided in the United States. The United Nations Convention on Contracts for International Sale of Goods will not apply. Except for payment of amounts due, neither party will be liable for any delay, failure in performance, loss or damage due to causes beyond such party's reasonable control. Any notice required or permitted under this Agreement must be in writing MSA UA VER I 07/14/2008 AT&T and Customer Confidential Information Page 3 of 4 eCRM ID and addressed to the parties at the address set forth above. This Agreement constitutes the entire agreement between the parties concerning the Services provided under this Agreement and supersedes all other written or oral agreements. This Agreement will not be modified or supplemented by any written or oral statements, proposals, service descriptions, or purchase order forms. msa_ua_verJrtf MSA UA VER 1 07/14/2008 AT&T and Customer Confidential Information Page 4 of 4 eCRM ID ~ at&t AT&T MA Reference No. CSM091111172450 AT&T Managed Internet Service Pricing Schedule Customer AT&T AT&T Sales Contact D Primary Contact City of La Porte AT&T Corp. NATASHA PRATT 6500 WEST LOOP S BELLAIRE, TX 3001 North 23rd Sreet 77401 La Porte, TX Telephone: 7135678508 77571 Fax: 7135678450 USA Email: nI5132@semail.att.com Branch Manager: Susan Caraway Sales Strata: Solutions commercial Sales Region: Southwestern Customer Contact (for notices) AT&T Contact (for notices) AT&T Solution Provider or Representative Information (if applicable) Name: Jeff Suggs 6500 WEST LOOP S Name: Title: IT Director BELLAIRE, TX Company Name: 3001 North 23rd Sreet 77401 La Porte , TX 77571 With a copy to: United States AT&T Corp. Telephone: Telephone: 2814713607 One AT&T Way Fax: Fax: Bedminster, NJ 07921-0752 Email: Email: suggsj@laportetx.gov ATTN: Master Agreement Support Agent Code: Customer Account Number or Team Master Email: mast@att.com Account Number: is part of the Agreement between AT&T and Customer referenced above. AT&T b its authorized re B: Name: Title: Title: Date: Date: 0911 sl0833 1-BU73RE 001.1 RAL# 226833 AT&T and Customer Confidential Information Page 1 of 16 11/12/09 sml eCRM ID ps _mis_all_no _security- svcs_20060528 _gcsm. rtf v.05/14/09 AT&T Managed Internet Service - Pricing Schedule AT&T MA Reference No. CSM091111172450 1. SERVICES . AT&T Managed Internet Service . AT&T Private Network Transport (PNT) Service is an option of MIS and can be ordered as an MPLS PNT feature under Tables 28 and 29. . AT&T's Acceptable Use Policy is located at htto:/Iwww.att.com/auo or such other AT&T-designated location. 2. PRICING SCHEDULE TERM AND EFFECTIVE DATES Pricing Schedule Term Start Date Term 60 Months Effective Date of this Pricing Schedule Effective Date of Effective Date of this Pricing Rates and Discounts Schedule 3. MINIMUM PAYMENT PERIOD Portion of Monthly Service Minimum Service Fees Components Payment Period Applicable to Minimum Payment Period 50% All Service Until end of Components Pricing Schedule Term, but not less than 12 months per component 0911 sl0833 1-BU73RE 001.1 RAL# 226833 11/12/09 sml AT&T and Customer Confidential Information Page 2 of 16 eCRM ID ps _mis _alLno _ securitLsvcs_20060528 _gcsm. rtf v.05/14/09 AT&T Managed Internet Service - Pricing Schedule 4. RATES (US Mainland, HI and Alaskat only) t Service in Alaska requires a separate AT&T Addendum for Service in Alaska. The rates stated in this Pricing Schedule apply to Service locations and/or Service Components in Alaska only in the event that a Service Component and/or Service location is not listed in the Addendum for Service in Alaska. In the event of the conflict between this Pricing Schedule and the Addendum for Service in Alaska, the Addendum for Service in Alaska controls. NOTE 1: MIS w/ Managed Router Option 2 available only as described in the Service Guide. NOTE 2: If Customer orders the MPLS PNT feature under Section I, Tables 28 and 29 as part of the MIS service, Customer will be billed for PNT transport and uplifts and all applicable taxes will be stated on the Customer's invoice. NOTE 3: The charges for the Class of Service (CoS) feature set forth in Section I, Table 23 through 25 are waived for Sites at which Customer also maintains AT&T Business Voice over IP (VoIP) Service. (*) = not available with MPLS PNT ICB = available only on an Individual Case Basis. N/A = Not Available AT&T MA Reference No. CSM091111172450 Section I: AT&T Managed Internet Service Access Bandwidth - Table 1: Tiered T-1, NxT-1, E-1 And Frame - Flat Rate Billina Ootion Access Speed MIS MISw/ MISw/ Discount Method Monthly Manage Manage Service d Router d Router Fee List Monthly Option 2 Price Service Monthly Fee Service List Fee Price List Price N/A 56/64 $190 $260 N/A N/A Kbps T-1 128 $225 $295 $285 N/A Kbos T-1 256 $280 $350 $340 N/A Kbos T-1 384 $335 $405 $395 N/A Kbps T-1 512 $390 $460 $450 N/A Kbps T-1 768 $410 $480 $470 N/A Kbps T-1- 1024 $425 $495 $485 N/A Frame* Kbps T-1 T-1 $470 $540 $530 N/A E-1* E-1 $470 $540 N/A N/A 2xT-1 3 Mbps $850 $1,145 N/A N/A 3xT -1 4.5 $1,100 $1,395 N/A N/A Mbps 4xT -1 6 Mbps $1 ,250 $1,545 N/A N/A 5xT -1 7.5 $1 ,480 $2,360 N/A N/A Mbps 6xT -1 9 Mbps $1,715 $2,595 N/A N/A 7xT-1 10.5 $1,915 $2,795 N/A N/A Mbps 8xT-1 12 $2,190 $3,070 N/A N/A Mbps v.2.3.06 0911 s108331-BU73RE 001.1 RAL# 226833 11/12/09 sml AT&T and Customer Confidential Information Page 3 of 16 eCRM ID ps _mis _alLno _securitLsvcS _20060528 _gcsm. rtf v.05/14/09 AT&T Managed Internet Service - Pricing Schedule Table 2: Burstable T-1 Discount: : N/A Sustained Undiscounted Undiscounted Undiscounted Usage MIS Monthly MIS w/Managed MIS w/Managed Service Fee Router Monthly Router Option 2 Service Fee Monthly Service Fee UD to 128kbDS $270 $340 $330 128.01 - 256 $340 $410 $400 KbDS 256.01 - 384 $405 $475 $465 KbDS 384.01 - 512 $470 $540 $530 Kbos 512.01 Kbps - $565 $635 $625 1.544 MbDS v.2.3.06 Table 3: DNS Services ODtion Monthlv Service Fee Additional Primary DNS (available in $100 per DNS increment increments of up to 15 zones with a maximum of 150 Kilobytes of zone file data) Additional Secondary DNS (available in $100 per DNS increment increments of up to 15 zones with a maximum of 150 Kilobytes of zone file data) v.07.01.04 Table 4: ATM And Tiered T-3 Discount: N/A Access Speed MIS Monthly MIS MIS w/Managed Method Service Fee w/Managed Router Option List Price Router 2 Monthly Monthly Service Fee Service Fee List Price List Price ATM. 2 Mbps $590 $885 $840 ATM. 3 Mbps $850 $1,145 $1,100 ATM. 4 Mbps $1,075 $1,370 $1,325 ATM. 5 Mbps $1 ,125 $1,420 $1,375 ATM. 6 Mbps $1,250 $1,545 $1,500 ATM. 7 Mbps $1,415 $2,295 $2,000 ATM. 8 Mbps $1,565 $2,445 $2,150 ATM. 9 Mbps $1,715 $2,595 $2,300 ATM.IT-3 10 Mbps $1,840 $2,720 $2,425 ATM.IT-3 15 Mbps $2,465 $3,345 $3,050 ATM.IT-3 20 Mbps $3,090 $3,970 $3,675 ATM.IT-3 25 Mbps $3,725 $4,605 $4,310 ATM.IT-3 30 Mbps $4,350 $5,230 $4,935 ATM.IT-3 35 Mbps $4,990 $5,870 $5,575 ATM.IT-3 40 Mbps $5,615 $6,495 $6,200 T-3 45 Mbps $6,250 $7,130 $6,835 v.2.3.06 AT&T MA Reference No. CSM091111172450 Table 5: Burstable T-3 Discount: N/A Sustained Usage Undiscounted Undiscounted Undiscounted MIS Monthly MIS w/Managed MIS w/Managed Service Fee Router Monthly Router Option 2 Service Fee Monthly Service Fee up to 6.0 Mbps $1,515 $1,810 $1,765 6.01 - 7.5 MbDS $1,790 $2,670 $2,375 7.51 - 9.0 Mbps $2,065 $2,945 $2,650 9.01 -10.5 Mbps $2,290 $3,170 $2,875 10.51 -12.0 Mbps $2,515 $3,395 $3,100 12.01 -13.5 MbDS $2,740 $3,620 $3,325 13.51 -15.0 Mbps $2,965 $3,845 $3,550 15.01 -16.5 Mbps $3,150 $4,030 $3,735 16.51 -18.0 Mbps $3,340 $4,220 $3,925 18.01 -19.5 MbDS $3,525 $4,405 $4,110 19.51 - 21.0 Mbps $3,715 $4,595 $4,300 21.01 - 45.0 Mbps $7,515 $8,395 $8,100 v.2.3.06 Table 6: Flexible Bandwidth Billing Option - Burstable T-3 Discount applied to MIS, MIS Incremental Usage Fee wlManaged Router, & MIS w/Managed Discount: N/A Router Option 2: N/A Tiered MIS MIS wI MIS wI Undisco Bandwidth Undiscou Managed Managed unted Minimum nted Router Router Increme Commitment Monthly Undiscou Option 2 ntal Fee nted Undiscount Usage Monthly ed Monthly Fee Fee Fee Per Mbps 2 MbDS $590 $885 $840 $355 3 MbDS $850 $1,145 $1,100 $340 4 Mbps $1,075 $1,370 $1,325 $325 5 Mbps $1,125 $1,420 $1,375 $270 6 MbDS $1,250 $1,545 $1,500 $250 7 MbDS $1,415 $2,295 $2,000 $245 8 Mbps $1,565 $2,445 $2,150 $235 9 Mbps $1,715 $2,595 $2,300 $230 10 MbDS $1,840 $2,720 $2,425 $225 15 MbDS $2,465 $3,345 $3,050 $200 20 Mbps $3,090 $3,970 $3,675 $190 25 Mbps $3,725 $4,605 $4,310 $180 30 MbDS $4,350 $5,230 $4,935 $175 35 MbDS $4,990 $5,870 $5,575 $175 40 Mbps $5,615 $6,495 $6,200 $170 45 Mbps $6,250 $7,130 $6,835 N/A v.2.3.06 0911 s108331-BU73RE 001.1 RAL# 226833 11/12/09 sml AT&T and Customer Confidential Information Page 4 of 16 eCRM 10 ps_mis _aiL no _security- svcs _20060528 _gcsm. rtf v.05/14/09 AT&T Managed Internet Service - Pricing Schedule Table 7: MIS Access Redundancy Option (MARO) - Burstable T-1 with Shadow Billing Option Discount: N/A Sustained Usage MIS w/Managed Router MIS w/Managed Router Undiscounted Monthly Option 2 Undiscounted Service Fee Monthlv Service Fee Up to 56 Kbps $170 $160 For MARO Redundant Link Service Only IShadow Billhial UD to 128kbDS $340 $330 128.01 - 256 KbDS $410 $400 256.01 - 384 KbDS $475 $465 384.01 - 512 KbDS $540 $530 512.01 Kbps- $635 $625 1.544 MbDS v.2.20.06 Table 8: MARO Burstable T -3 with Shadow Billing Option Discount: N/A Sustained Usage MIS w/Managed MIS w/Managed Router Router Monthly Option 2 Monthly Service Service Fee Fee Up to 56 Kbps $800 $790 For MARO Redundant Link Service Only IShadow Billinal UD to 6.0 MbDS $1 ,810 $1,765 6.01 -7.5 MbDS $2,670 $2,375 7.51 - 9.0 MbDS $2,945 $2,650 9.01 - 10.5 MbDS $3,170 $2,875 10.51 -12.0 MbDS $3,395 $3,100 12.01 -13.5 MbDS $3,620 $3,325 13.51 -15.0 MbDS $3,845 $3,550 15.01 -16.5 MbDS $4,030 $3,735 16.51 -18.0 MbDS $4,220 $3,925 18.01 -19.5 MbDS $4,405 $4,110 19.51 - 21.0 MbDS $4,595 $4,300 21.01 - 45.0 MbDS $8,395 $8,100 v.10.31.05 AT&T MA Reference No. CSM091111172450 Table 9: MARO Features - Monthly Service Fees Option Monthly Service Fee Service List Price Component Discount Alternate Backbone T-1: $500 N/A Node Option - NxT1: additional charges via Private Line, per $500 per T-1 Service Component T3: $5,000 OC-3 $12,000 CPE Redundant T-1: $120 N/A Configuration Option NxT-1: $350 - Per Service T3: $540 Component OC-3: $2,435 Backbone Node $500 per T-1 Redundant N/A Redundancy Option - Link additional charges via $5,000 per T-3 Private Line, per Redundant Link Redundant Link $12,000 per OC-3 Redundant Link Outbound Load T1 & NXT1 :$350 N/A Balancers (2) (Dual Managed T3 & OC3: $875 Customer Routersl v.2.3.06 Table 10: MIS and MARO Features - Installation Fees (ICB Only) Discount. 0 0 % Option Undiscounted Installation Fee List Price MIS, MIS w/Managed Router, & MIS wI Managed Router ODtion 2 MARO - Outbound $1000 Load Balancers (2) (Dual Managed Customer Routersl v.2.6.06 0911 s108331-BU73RE 001.1 RAL# 226833 11/12/09 sml AT&T and Customer Confidential Information Page 5 of 16 eCRM ID ps _mis _ alLno _security- svcs_20060528 _gcsm. rtf v.05/14/09 AT&T Managed Internet Service - Pricing Schedule Table 11: MIS Tele - Installation Discount: 100.0 % MIS Speed Undiscounted Undiscounted Undiscounted MIS MISw/ MISw/ Managed Managed Router Router Option 2 56 KbDS $1,000 $1,000 $1,000 128 Kbps- $1 ,000 $1,000 $1,000 1.5 MbDS NxT-1 $2,500 $2,500 $2,500 Tiered/Full $5,000 N/A N/A T-3 Tiered OC- $10,000 N/A N/A 3, OC-12,OC- 48 Ethernet $1,500 $1 ,500. N/A 10Gig $10,000 $10,000** $10,000.. Ethernet .Available for MIS speeds of 100 Mbps and below and with electrical interfaces only. .. Subject to availability v.10.01.08 Table 12: On-Site Installation Discount: 0 0 % MIS Speed Undiscounted MIS Undiscounted MIS w/ w/ Managed Managed Router Only Router Option 2 Only 56 KbDS $999 $999 128 Kbps -1.5 MbDS $999 $999 NxT-1 $999 $999 Tiered/Full T-3 $1,000 $1,000 Tiered OC-3, $10,000 OC-12,OC-48 $10,000 Ethernet $1,500 N/A v.11.08.08 AT&T MA Reference No. CSM091111172450 Table 13: ATM and Tiered OC-3 (ICB Only). Discount: N/A Speed Undiscounted Undiscounted Undiscounted MIS MIS Monthly MIS w/Managed wlManaged Router Service Fee Router Option 2 Monthly Service Monthly Service Fee Fee 2 Mbps $590 $885 $840 3 Mbps $850 $1,145 $1,100 4 Mbps $1,075 $1,370 $1,325 5 Mbps $1,125 $1,420 $1,375 6 Mbps $1,250 $1,545 $1,500 7 Mbps $1,415 $2,295 $2,000 8 Mbps $1,565 $2,445 $2,150 9 Mbps $1,715 $2,595 $2,300 10 Mbps $1,840 $2,720 $2,425 15 Mbps $2,465 $3,345 $3,050 20 Mbps $3,090 $3,970 $3,675 25 Mbps $3,725 $4,605 $4,310 30 Mbps $4,350 $5,230 $4,935 35 Mbps $4,990 $5,870 $5,575 40 Mbps $5,615 $6,495 $6,200 60 Mbps $7,825 $9,005 $8,450 155 Mbps (not available with ATM) $17,800 $18,980 $18,425 v.2.3.06 Table 14: Burstable OC-3 (ICB Only) Discount: N/A Sustained Usage Undiscoun Undiscounted Undiscounted MIS ted MIS MIS w/Managed w/Managed Router Monthly Router Monthly Option 2 Monthly Service Service Fee Service Fee Fee UD to 35.0 Mbps $5,990 $6,870 $6,575 35.01 to 45.0 Mbps $7,515 $8,395 $8,100 45.01 to 55.0 Mbps $8,765 $9,945 $9,390 55.01 to 65.0 Mbps $10,025 $11,205 $10,650 65.01 to 75.0 Mbps $11,290 $12,470 $11,915 75.01 to 85.0 Mbps $12,550 $13,730 $13,175 85.01 to 100.0 Mbps $14,440 $15,620 $15,065 100.01 to 125.0 Mbps $17,590 $18,770 $18,215 125.01 to 155.0 Mbps $21,365 $22,545 $21,990 v.2.3.06 0911510833 1-BU73RE 001.1 RAL# 226833 11/12/09sml AT&T and Customer Confidential Information Page 6 of 16 eCRM 10 ps _mis _alLno _ securitLsvcs _20060528 _gcsm. rtf v.05/14/09 AT&T Managed Internet Service - Pricing Schedule Table 15: Flexible Bandwidth Billing Option - Burstable OC-3 (ICB Only) Discount applied to MIS, MIS w/Managed Router, & Incremental MIS wI Managed Router Option 2: N/A Usage Fee Discount: N1A Tiered Undiscou Undiscoun Undiscou Undiscounte Bandwidth nted MIS ted MIS nted MIS dlncremental Minimum Monthly with with Usage Fee Commitme Fee Managed Managed Per Mbps nt Router Router Monthly Option 2 Fee Monthly Fee 35 Mbps $4,990 $5,870 $5,575 $175 40 Mbps $5,615 $6,495 $6,200 $170 45 Mbps $6,250 $7,130 $6,835 $170 60 Mbps $7,825 $9,005 $8,450 $160 70 Mbps $8,875 $10,055 $9,500 $155 80 Mbps $9,925 $11,105 $10,550 $150 90 Mbps $10,975 $12,155 $11,600 $150 100 Mbps $12,025 $13,205 $12,650 $145 120 Mbps $14,125 $15,305 $14,750 $145 144 Mbps $16,225 $17,405 $16,850 $140 155 Mbps $17,800 $18,980 $18,425 N/A v.2.3.06 Table 16: Tiered OC-12 (ICB Only) Discount: N/A Speed Undiscounted Undiscounted MIS w/Managed MIS Monthly Router Service Fee Monthlv Service Fee 622 Mbps $50,700 $52,505 v.2.3.06 Table 17: Burstable OC-12 (ICB Only) Discount: N/A Speed Undiscounted Undiscounted MIS MIS Monthly w/Managed Router Service Fee Monthlv Service Fee Up to 75.0 Mbps $11,290 $12,470 75.01 to 150.0 Mbps $18,750 $19,930 150.01 to 225.0 Mbps $26,215 $27,395 225.01 to 300.0 Mbps $33,665 $35,470 300.01 to 375.0 Mbps $40,040 $41,845 375.01 to 450.0 Mbps $46,415 $48,220 450.01 to 525.0 Mbps $52,715 $54,520 525.01 to 622.0 Mbps $60,850 $62,655 v.2.3.06 AT&T MA Reference No. CSM091111172450 Table 18: Flexible Bandwidth Billing Option - Burstable OC-12 (ICB Only) Discount applied to MIS & MIS w/Managed Incremental Router: N/A Usage Fee Discount: N/A Tiered Undiscount Undiscounted Undlscounted Bandwidth edMIS MIS with Incremental Minimum Monthly Managed Usage Fee Commitment Fee Router Per Mbps Monthlv Fee 70 Mbps $8,875 $10,055 $155 80 Mbps $9,925 $11,105 $150 90 Mbps $10,975 $12,155 $150 100 Mbps $12,025 $13,205 $145 120 Mbps $14,125 $15,305 $145 144 Mbps $16,225 $17,405 $140 155 Mbps $17,800 $18,980 $140 200 Mbps $20,975 $22,780 $130 250 Mbps $24,515 $26,320 $120 300 Mbps $28,050 $29,855 $115 350 Mbps $31,600 $33,405 $110 400 Mbps $35,140 $36,945 $110 450 Mbps $38,675 $40,480 $105 500 Mbps $42,215 $44,020 $105 550 Mbps $45,750 $47,555 $100 600 Mbps $49,290 $51,095 $100 622 Mbps $50,700 $52,505 N/A v.2.3.06 Table 19: Tiered OC-48 (ICB Only) Discount: N/A Speed Undiscounted MIS Undiscounted MIS Monthly Service Fee w/Managed Router Monthly Service Fee 2.5 Gbps $196,000 $199,055 v.2.3.06 0911 s108331-BU73RE 001.1 RAL# 226833 11/12/09 sm' AT&T and Customer Confidential Information Page 7 of 16 eCRMID ps _mis _ alLno _ securitLsvcS _20060528 _gcsm. rtf v.05/14/09 AT&T Managed Internet Service - Pricing Schedule Table 20: Burstable OC-48 (ICB Only) Discount: N/A Sustained Usage Undiscounted Undiscounted MIS MIS Monthly w/Managed Router Monthly Service Fee Service Fee Up to 1250 Mbps $121,500 $124,555 1251 to 1350 Mbos $130,975 $134,030 1351 to 1450 Mbos $140,450 $143,505 1451 to 1550 Mbos $149,925 $152,980 1551 to 1650 Mbos $159,400 $162,455 1651 to 1750 Mbos $168,875 $171,930 1751 to 1850 Mbps $178,350 $181,405 1851 to 1950 Mbos $187,825 $190,880 1951 to 2050 Mbos $197,300 $200,355 2051 to 2150 Mbos $206,775 $209,830 2151 to 2250 Mbos $216,250 $219,305 2251 to 2350 Mbos $225,725 $228,780 2351 to 2450 Mbos $235,200 $238,255 v.2.3.06 Table 21: Flexible Bandwidth Billing Option - Burstable OC-48 (ICB Only) Discount applied to MIS & MIS w/Managed Incremental Usage Router: N/A Fee Discount: N/A Tiered Undiscoun Undiscounte Undiscounted Bandwidth ted MIS d MIS with Incremental Usage Minimum Monthly Managed Fee Commitmen Fee Router Per Mbps t Monthlv Fee 600 Mbos $49,290 $51,095 $100 622 Mbos $50,700 $52,505 $100 700 Mbps $56,365 $58,170 $100 800 Mbos $63,440 $65,245 $100 1250 Mbos $101,250 $104,305 $100 1550 Mbos $125,000 $128,055 $100 1850 Mbos $148,750 $151,805 $100 2150 Mbos $172,500 $175,555 $100 2450 Mbos $196,000 $199,055 N/A v.2.3.06 AT&T MA Reference No. CSM091111172450 Table 22a: Flexible Bandwidth Billina Ootion - Ethernet Discount applied to MIS & MIS w/Managed Incremental Router: 71.0 % Usage Fee Discount: 0.0% Tiered MIS MIS with Undiscounted Bandwidth Undiscounted Managed Incremental Minimum Monthly Router Usage Fee Commitment Fee Undiscounted Per Mbps Monthlv Fee 0.5 Mbos $390 $460 $940 1.0 Mbos $425 $495 $510 1.5 Mbps $470 $540 $380 2 Mbps $590 $885 $355 3 Mbos $850 $1,145 $340 4 Mbps $1,075 $1,370 $325 5 Mbps $1,125 $1,420 $270 6 Mbps $1,250 $1,545 $250 7 Mbps $1,415 $2,295 $245 8 Mbps $1,565 $2,445 $235 9 Mbps $1,715 $2,595 $230 10 Mbps $1,840 $2,720 $225 15 Mbps $2,465 $3,345 $200 20 Mbps $3,090 $3,970 $190 25 Mbps $3,725 $4,605 $180 30 Mbps $4,350 $5,230 $175 35 Mbos $4,990 $5,870 $175 40 Mbps $5,615 $6,495 $170 45 Mbps $6,250 $7,130 $170 50 Mbps $6,770 $7,815 $165 60 Mbos $7,825 $9,005 $160 70 Mbps $8,875 $10,055 $155 75 Mbps $9,410 $10,595 $155 80 Mbps $9,925 $11,105 $150 90 Mbos $10,975 $12,155 $150 100 Mbos $12,025 $13,205 $145 120 Mbps $14,125 $15,305 $145 144 Mbps $16,225 $17,405 $140 150 Mbos $17,065 $18,250 $140 155 Mbos $17,800 $18,980 $140 200 Mbps $20,975 $22,780 $130 250 Mbps $24,515 $26,320 $120 300 Mbos $28,050 $29,855 $115 350 Mbos $31,600 $33,405 $110 400 Mbps $35,140 $36,945 $110 450 Mbps $38,675 $40,480 $105 500 Mbos $42,215 $44,020 $105 550 Mbos $45,750 $47,555 $100 600 Mbps $49,290 $51,095 $100 622 Mbps $50,700 $52,505 $100 700 Mbos $56,365 $58,170 $100 800 Mbps (ICBI $63,440 $65,245 $100 900 Mbps (lCBI $70,875 $73,930 $100 1000 Mbps (ICB) $78,250 $81,305 N/A v.10.01.08 0911 s108331-BU73RE 001.1 RAL# 226833 11/12/09 sml AT&T and Customer Confidential Information Page 8 of 16 eCRM ID ps _mis_all_no _security- svcs _ 20060528 _gcsm. rtf v.05/14/09 AT&T Managed Internet Service - Pricing Schedule Table 22b: Flexible Bandwidth Billing Option - MIS 10 Gig Ethernet Discount applied to MIS: N/A Incremental Usage Fee Discount: N/A Tiered Bandwidth MIS Undiscounted Incremental Minimum Undiscounted Usage Fee Commitment Monthly Per Mbps Fee .5 Gbos $42,215 $84.43 1.0 Gbos $78,250 $78.25 1.5 Gbps $119,625 $79.75 2.0 Gbps $161,000 $80.50 2.5 Gbos $196,000 $80.25 3.0 Gbps $240,000 $80.00 3.5 Gbps $279,125 $79.75 4.0 Gbos $318,000 $79.50 4.5 Gbps $356,625 $79.25 5.0 Gbps $390,000 $78.00 5.5 Gbos $433,125 $78.75 6.0 Gbos $471,000 $78.50 6.5 Gbos $508,625 $78.25 7.0 Gbps $539,000 $77.00 7.5 Gbos $583,125 $77.75 8.0 Gbps $620,000 $77.50 8.5 Gbps $656,625 $77.25 9.0 Gbps $684,000 $76.00 9.5 Gbos $719,625 $75.75 10.0 Gbps $755,000 $75.50 v.10.01.08 Table 23: Class Of Service Option - Tiered T-1, T-3 and Burstable Service - Monthly Service Fees Discount: N/A Speed I Class of Service Monthly Fee - List Price (wi 01 w/out Managed Router, including Managed I Router Ootion 2, exceot as indicatedl 56 Kbpst $225 128 Kbpst $225 256 Kbpst $225 384 Kbpst $225 512 Kbpst $225 768 Kbps $225 1024 Kbps' $225 1.5 Mbps $225 2xT-1 (3 Mbps) $225 3xT-1 (4.5 Mbps) $225 4xT-1 (6 Mbps) $225 5xT-1 (7.5 Mbps) $225 6xT-1 (9 Mbps) $225 7xT-1 (10.5 Mbps) $225 8xT-1 (12 Mbps) $225 AT&T MA Reference No. CSM091111172450 10 Mbps $825 15 Mbps $1,075 20 Mbps $1,325 25 Mbps $1,575 30 Mbps $1,825 35 Mbps $2,100 40 Mbps $2,350 45 Mbps $2,750 155 Mbpst $2,750 (t) no real-time class available (t) unmanaged only v.6.1.06 0911 s108331-BU73RE 001.1 RAL# 226833 11/12/09 sml AT&T and Customer Confidential Information Page 9 of 16 eCRM ID ps _mis_all_no _security- svcs _20060528 _gcsm. rtf v.05/14/09 AT&T Managed Internet Service - Pricing Schedule Table 24: Class Of Service Option - Flexible Bandwidth Billing Option - Monthly Service Fees Discount: N/A Speed Undiscounted MIS wI or w/out Managed Router including Managed Router Option 2 Monthlv Service Fee. Up to 1.5 Mbps $225 2.0 Mbps $285 2.01 - 3.0 Mbps $360 3.01 - 4.0 Mbps $435 4.01 - 5.0 Mbps $510 5.01 - 6.0 Mbps $575 6.01 - 7.0 Mbps $640 7.01 - 8.0 Mbps $705 8.01 - 9.0 Mbps $765 9.01 to 10.0 Mbps $825 10.01 to 15.0 Mbps $1,075 15.01 - 20.0 Mbps $1 ,325 20.01 - 25.0 Mbps $1,575 25.01 - 30.0 Mbps $1,825 30.01 - 35.0 Mbps $2,100 35.01 - 40.0 Mbps $2,350 40.01 - 45.0 Mbps $2,750 45.01 - 155 Mbps $5,000 200 - 250 Mbps $5,400 300 - 350 Mbps $5,800 400 - 600 Mbps $6,200 622 Mbps $7,000 700 -1000 Mbps $7,800 1.5 Gbps $7,900 2.0 Gbps $8,000 2.5 Gbps $8,100 3.0 Gbps $8,200 3.5 Gbps $8,300 4.0 Gbps $8.400 4.5 Gbps $8,500 5.0 Gbps $8,600 5.5 Gbps $8,700 6.0 Gbps $8,800 6.5 Gbps $8,900 7.0 Gbps $9,000 7.5 Gbps $9,100 8.0 Gbps $9,200 8.5 Gbps $9,300 9.0 Gbps $9,400 9.5 Gbps $9,500 10.0 Gbps $9,600 .Subject to availability v.10.01.08 AT&T MA Reference No. CSM091111172450 Table 25: Class Of Service Option - Installation Fees Discount: N/A Class of Service Undiscounted Installation Fee v.2.3.06 $1,000 Table 26: MIS+NCS Option (ICB Only) Discount: N/A Feature Undiscounted Monthly Service Fee MISOnl MIS + NCS Site License Fee 3 r MIS + NCS Site License Fee 5 r MIS + NCS Tier 1 Su ort v.04.29.02 $1,200 $1,050 $100 Table 27: MIS + NCS Installation Fees (ICB Only) Discount: 0.0 % Feature Undiscounted Installation Fee List Price MIS MIS + NCS Site $2,500 Preparation Fee v.2.3.06 0911510833 1-BU73RE 001.1 RAL# 226833 11/12/09sml AT&T and Customer Confidential Information Page 10 of 16 eCRMID ps _ mis _alLno _security- svcs_20060528 _gcsm. rtf v.05/14/09 AT&T Managed Internet Service - Pricing Schedule Table 28: MPLS PNT Feature Discount:N/A Access Method Speed Undiscounted Monthly Service Fee MIS, MIS w/Managed Router, and MIS wi Managed Router ODtion 2 Private Line Fractional T-1 Fractional T-1 (56K- (56K -768K)** 768K)** $200 Private Line NxT-1 Private Line NxT-1 /2 throuah 81 /3 Mbos -12 MbDSI $200 Private Line T1 T-1 1.54 MbDSI $200 Private Line T3 2 MbDS Hi-CaD Flex T3 $1,000 Private Line T3 3 MbDS Hi-CaD Flex T3 $1,000 Private Line T3 4 MbDS Hi-CaD Flex T3 $1,000 Private Line T3 5 MbDS Hi-CaD Flex T3 $1,000 Private Line T3 6 Mbps Hi-CaD Flex T3 $1,000 Private Line T3 7 MbDS Hi-CaD Flex T3 $1,000 Private Line T3 8 MbDS Hi-CaD Flex T3 $1,000 Private Line T3 9 MbDS Hi-CaD Flex T3 $1,000 Private Line T3 10 Mbps (Hi-Cap Flex T31 $1,000 Private Line T3 15 Mbps (Hi Cap Flex T3 or Fractional T31 $1,000 Private Line T3 20 Mbps (Hi-cap Flex T3, or Fractional T3) $2,000 Private Line T3 25 Mbps(Hi-cap Flex T3, or Fractional T3) $2,000 Private Line T3 30 Mbps (Hi-cap Flex T3, or Fractional T31 $2,000 Private Line T3 35 Mbps (Hi-cap Flex T3, or Fractional T31 $2,000 Private Line T3 40 Mbps (Hi-cap Flex T3, or Fractional T31 $2,000 Private Line T3 45 MbDS /Full T31 $2,000 Private Line T3 6-45 Mbps (Burstable T31 $2,000 Private Line OC3 OC-3 (35-155 Mbps) Flat rate, Burstable, or Hi- CaD flex $5,000 Private Line OC-12 (70-622 Mbps) OC12 Flat rate, Hi-Cap Flex, or Burstable $10,000 Private Line OC-48 (600-2500 Mbps) $20,000 OC48 Flat rate, Hi-Cap Flex or Burstable Ethernet 512KbDS -1.5 MbDS $200 Ethernet 2 - 15 MbDS $1,000 Ethernet 15.01 - 45 MbDS $2,000 Ethernet 45.01 - 155 MbDS $5,000 Ethernet 155.01 - 622 MbDS $10,000 Ethernet 622.01 - 1000 Mbps $20,000 ** (1024K not available with MPLS PNT) v.10.12.07 AT&T MA Reference No. CSM091111172450 Table 29: MPLS PNT UniLink Feature Discount: N/A Access Method Speed Undiscounted Monthly Service Fee MIS PNT and MIS PNT with Manaaed Router T-1 (1.54 Mbps) Private Line T-1 Burstable T1 $200 2- 45 Mbps (Flat Rate, Hi-Cap Flex or Private Line T-3 Burstable T3\ $2,000 OC-3 (35-155 Mbps) Flat rate, Burstable, Private Line OC-3 or Hi-CaD flex $5,000 OC-12 (70-622 Mbps) Flat rate, Hi- Private Line OC- Cap Flex, or 12 Burstable $10,000 Private Line OC- OC-48 $20,000 48 Ethernet 512 Kbps -1.5 $200 MbDS Ethernet 2 - 45 MbDS $2,000 Ethernet 45.01-155 Mbns $5,000 Ethernet 155.01-622 Mbos $10,000 Ethernet 622.01-1000 MbDS $20,000 v.10.12.07 Table 30: MultiCast Monthly Service Fee N/A IMultiCast Monthly Service Fee ICB Table 31: MultiCast Installation N/A IMultiCast Installation Fee ICB Section II: AT&T Business in a BoxSM Table 1: Service Component Replacement - Next Business Day Shipped (5x8) Monthly Charges Discount: N/A Service Component/Device Undiscounted Monthly Service Charge Base Unit 12 Port $50 Base Unit 24 Port $70 8 Port POE Add-On $30 24 Port POE Add-On $75 8 Port Analoa Module Add-On $35 v.5.14.09 Table 2: On-Site Maintenance (24X7X4) Monthly Charges Discount: N/A Option Base Unit 12 Port Undiscounted Monthly Service Char e $75 0911510833 1-BU73RE 001.1 RAL# 226833 11/12/09sml AT&T and Customer Confidential Information Page 11 of 16 eCRM 10 ps _rn is_all_no _security- svcs _20060528 _gcsm. rtf v.05/14/09 AT&T Managed Internet Service - Pricing Schedule AT&T MA Reference No. CSM091111172450 Base Unit 24 Port $95 8 Port POE Add-On $35 24 Port POE Add-On $85 8 Port Analog Module Add-On $40 v.5.14.09 Table 3: Life-Cycle Management Charges - Service Charges Discount. N/A Per Site I Per Occurrence Undiscounted Service Charge List during Standard Business Price Hours (Monday- Friday, 8:00 am- 5:00 pm, local time) Move, Addition, Change to $260 Service Delete Service $500 v.5.14.09 Table 4: Class Of Service Option - when ordered with AT&T BVolP Services only Discount: 100% Class of Service Monthly Service Fee v.1.9.09 $225 Section III: Additional Service Fees $1,000 er location Additional $500 per location 0911 s108331-BU73RE 001.1 RAL# 226833 11/12/09 sml AT&T and Customer Confidential Information Page 12 of 16 eCRM ID ps _mis _all_no _security- svcs _20060528 _gcsm.rtf v.05/14/09 @ at8ct Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory in the State of Texas Pursuant to Tariff(s) and/or Guidebook Pricing Schedule to AT&T Agreement Reference No. CUSTOMER ("Customer") AT&T ("AT&T") City of La Porte For purposes of this Pricing Schedule, AT&T means the Street Address: 3001 North 23rd Street Service Provider(s) specifically identified herein. City: La Porte State: TX Zip Code: 77571 Billina Address lif different) Street Address: City: State: Zip Code: CUSTOMER Contact (for Contract Notices) AT&T Sales Contact Information and for Contract Notices IZI Primary Sales Contact Name: Jeff Suggs Name: Natasha Pratt Title: IT Director Title: TSC Telephone: 281-471-3607 Fax: Telephone: 713-567-8508 Fax: 713-567-8450 Email: Email: suggsj@laportetx.gov nI5132@att.com Address for Notices Street Address: 6500 West Loop South, Zone 5.2 o Same as Cust. Address above 0 Same as Billing Address City: Bellaire State: TX Zip Code: 77401 Address for Notices lif different) With a coov to: Street Address: AT&T Corp. One AT&T Way, Bedminster, NJ 07921-0752 City: State: Zip Code: ATTN: Master Agreement Support Team Email: mast{Q)att.com AT&T Authorized Aaent or Representative Information (if applicable) 0 Primary Sales Contact Name: Company Name: Agent Street Address: City: State: Zip Code: Teleohone: Fax: Email: Aaent Code This Pricing Schedule ("Pricing Schedule") is an attachment to the Agreement between AT&T and Customer referenced above, and is part of the parties' Agreement. The Parties acknowledge and agree that this Pricing Schedule represents individual case pricing that is offered to Customer because of the unique or specialized conditions of the AT&T business services purchased by Customer, and, where required, that this Pricing Schedule will be filed with the state commission with competent jurisdiction over the service offering provided hereunder. Service is provided by the AT&T Incumbent Local Exchange Carrier (ILEC) Affiliate identified below as the Service Provider within its respective service area. References to "Pricing Schedule" refer to this Pricing Schedule and any attachments attached hereto, and referencing this document. L-J By initialing, Customer hereby acknowledges receipt of the AT&T customer building / site preparation document for OPT- E-MAN Service which describes the physical conditions of customer premises that must be made available before Service can be installed. Note: Customer site preparation is a major factor impacting service implementation dates. der: S uthwestern Bell Telephone Company d/b/a AT&T Texas AT&T (by its authorized representative) /I1.j B: Printed or Typed Name: Title: Title: Date: Date: ICB-P5# 226833 eCRM# 1-BU73RE 510833 /11/12/09 CM vs3635 11/12/09 AT&T and Customer Confidential Information Page 1 of 5 5 Telco_Data_(when CA included = 96a) 5 ICB Telco P5 v.1 0/27/09 ~. at&t Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory in the State of Texas Pursuant to Tariff(s) and/or Guidebook GENERAL TERMS AND CONDITIONS The following terms and conditions apply to the Services subscribed to by Customer under this Pricing Schedule. 1. DEFINITIONS "Cutover" of a Service Component occurs when the Service Component is first provisioned and made available for Customer's use at any single Site pursuant to this Pricing Schedule. "Effective Date" of this Pricing Schedule is the date on which the last party signs this Pricing Schedule, unless a later date is required by regulation or law. "Minimum Payment Period" means, in respect to any Service Component, the minimum period for which Customer is required to pay recurring charges for the Service Component. "Service Component" means an individual component of a Service provided under this Pricing Schedule. 2. GENERAL DESCRIPTION OF SERVICEIS) TO BE PROVISIONED,INSTALLED AND MAINTAINED. The Service(s) described below are provided solely by the AT&T entity or entities identified above and are not jointly provided with any other carrier. Service(s) are provided pursuant to the terms and conditions set forth in the appropriate Tariff(s) and/or Guidebook. The order of priority of the documents that form this agreement is: this Pricing Schedule; the Agreement; and Tariffs and/or Guidebook; provided that, Tariffs will be first in priority in any jurisdiction where existing law or regulation does not permit contract terms to take precedence over inconsistent tariff terms. Service Description OPT-E-MAN@ OPT-E-MAN@ Service. OPT-E-MAN@ Service transparently interconnects two or more Customer locations within a Metropolitan Area Network (MAN) as if they were segments on the same LAN using packet-based switching technologies. OPT-E-MAN@ Service provides dedicated bandwidth from 2 Mbps up to 1 Gbps. The hand off to Customer will be a 10/100 Mbps or 1 Gbps Ethernet interface. Customers may connect any two or more locations together, as long as they are in the same LATA or MAN and OPT-E-MAN@ Service is available. OPT-E-MAN@Service offers logical point-to-point or point- to-multipoint or multipoint-to-multipoint configurations that support Ethernet-to-Ethernet LAN connections. If Customer connects to the OPT-E-MAN network using a bridge or switch for Layer 2 connectivity, only 50 Media Access Control (MAC) addresses can be used per Layer 2 device, per port. Any additional MAC addresses will be assigned additional charges, with a limit of 100 MAC addresses total per port as set forth in the applicable Tariff or Guidebook. Special Construction Special Construction Charaes (if applicable to this Pricing Schedule and in accordance with the Tariff Charges (certain and/or Guidebook) - required when facilities are not available to meet an order for Service, and A T& T charges that may be must construct facilities that: (1) AT&T has no other requirement for; (2) is furnished by a type of facility, applicable to the or via a route, other than that which A T& T would normally utilize in furnishing the requested service; (3) Service(s) identified requires more facilities than would normally be required to satisfy an order; and/or (4) are requested on above) an expedited basis resulting in added cost to AT&T. Special construction shall remain the property of AT&T. 3. TERM START DATE: PRICING SCHEDULE TERM: MINIMUM PAYMENT PERIOD: PROVISION OF SERVICES AFTER PRICING SCHEDULE TERM Unless otherwise stated herein, the Term Start Date shall begin on the later of (1) Cutover of the first Service Component at the first Customer Site, or (2) the Effective Date or (3) the date of approval of this Pricing Schedule by an appropriate regulatory body, if regulatory approval is required for this Pricing Schedule for the Service(s). The term of this Pricing Schedule shall be sixty (60) months after the Term Start Date ("Pricing Schedule Term"). Unless otherwise stated herein, the Minimum Payment Period for all Service Components included in this Pricing Schedule is sixty (60) months. Rates or discounts under this Pricing Schedule shall be applied on the Term Start Date. Upon the expiration of the Pricing Schedule Term, no rates or discounts rovided under this Pricin Schedule will a I to the Service s . ICB-PS# 226833 eCRM# 1-BU73RE 810833/11/12/09 CM vs363511/12109 AT&T and Customer Confidential Information Page 2 of 5 8 Telco_Data_(when CA included = 96a) 8 ICB Telco P8 v.10/27/09 ~. at&t Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory in the State of Texas Pursuant to Tariff(s) and/or Guidebook Upon expiration of the Pricing Schedule Term, Customer will have the option to either (a) cease using the Service(s) (which will require Customer to take all steps required by AT&T to terminate the Service(s)), or (b) continue using the Service(s) on a month- to-month service arrangement, during which the prices in the Pricing Schedule will automatically be changed to the then-current monthly extension rates (if any) or month-to-month rate specified in the applicable Tariff or Guidebook. After expiration of the Pricing Schedule Term, AT&T may modify rates, terms and conditions applicable to the Service(s) on thirty days' notice. This Pricing Schedule will expire when Service(s) or Service Component(s) are no longer provided under this Pricing Schedule. New Service Component(s) in at least the minimum quantities specified in Section 11.2 must be ordered under this Pricing Schedule with a scheduled installation date not later than six (6) months after the Term Start Date. 4. ADDITIONAL SERVICES. INSTALLATION. ADDS. MOVES AND CHANGES "Add or Upgrade in Service" is defined as: Additional Service(s) or Service Component(s), or upgrade to a higher bandwidth capacity (increase in the Committed Information Rate (CIR)), and/or to a higher Grade of Service, at location(s) listed in Section 12 of this Pricing Schedule. Add or Upgrade in Service permitted under this Pricing Schedule is defined by Service Category in Section 4.1 below and limited to Add or Upgrade in Service within the specified category of Service. If the equipment and facilities (such as outside plant, cable, capacity and memory) are available, Service provided herein as requested by Customer as a Add or Upgrade in Service will (unless otherwise provided below) be at the monthly recurring rates and non-recurring charges as provided in Section 11.2. If the equipment or facilities are not available, special construction charges may apply. For additional Service, Customer will be responsible for payment for the new Service Component(s) in addition to the any Service Component(s) initially or subsequently installed under this Pricing Schedule. For an Upgrade, Customer will be responsible for payment for the Upgraded Service Component(s) in lieu of the charge for the Service Component(s) receiving the Upgrade and the Upgrade will be coterminous with the Minimum Payment Period for the Service Component(s) being Upgraded, but downgrade of any Service Component(s) will result in termination charges as identified elsewhere within this Pricing Schedule. Upgrades may be purchased at any time during the Pricing Schedule Term. Unless otherwise stated herein, for all other installations, adds, moves and changes of any Service Component provided hereunder, Customer will pay the prevailing Tariff or Guidebook recurring and non-recurring charge. If the Service or Service Component is available only under an individual case pricing, then for all other installations, adds, moves and changes of any Service or Service Component provided hereunder Customer will pay AT&T's price for such installation, add, move or change, as determined by AT&T at the time of the installation, add, move or change. For the Service Component(s) listed under the "Quantity New" column in Section 11.2 below, the monthly rate per USOC as provided in Section 11.2 includes the non-recurring charge (or portion thereof) to initially provision and install the new Service(s). 4.1. Add & UpClrade Capabilitv Service Category Add & Upgrade Capability OPT-E-MAN@ Upgrade in the Committed Information Rate (CIR) and/or Grade of Service up to the maximum speed supported by the physical connection and/or available for Service (whichever is lower), at a location listed in Section 12 of this Pricing Schedule is allowed as described in Section 4 above. The rate applied to the upgraded Service Component(s) will be 44% discount off of the Tariff or Guidebook rates then in effect for the higher speed CIR or Grade of Service for the term plan equal to the Pricing Schedule Term, or if no such term plan exists then the next lower term plan. The upgrade rates may not be applicable to Upgrades which require physical changes to AT&T's equipment or connections at the customer premises. 5. PRICING Customer will pay the rates set forth in Section 11.2 below. The rates and charges stated in this Pricing Schedule are stabilized until the end of the Pricing Schedule Term, and apply in lieu of the corresponding rates and charges set forth in the applicable Tariff or Guidebook. No discount, promotion, credit or waiver set forth in a Tariff or Guidebook will apply unless specifically set forth herein, and when set forth herein, such discount, promotion, credit or waiver shall only be applied in the manner set forth in the applicable Tariff or Guidebook. No other discount, promotion, credit or waiver set forth in a Tariff or Guidebook will apply. ICB-PS# 226833 eCRM# 1-BU73RE 810833 /11/12/09 CM vs3635 11/12/09 AT&T and Customer Confidential Information Page 3 of 5 8 Telco_Data_(when CA included = 96a) 8 ICB Telco P8 v.1 0/27/09 ~ at&t Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory in the State of Texas Pursuant to Tariff(s) and/or Guidebook 6. TAXES & OTHER CHARGES- 6.1 Other Rate Elements. Any rate elements not described herein will be subject to the applicable rates and charges outlined in the Tariff(s) or Guidebook(s). 6.2 Additional Charaes and Taxes. Rates set forth in this Pricing Schedule and the Tariff(s) or Guidebook(s) are exclusive of, and Customer will pay, all current and future taxes (excluding those on AT&T's net income), surcharges, recovery fees, end user access charges, and other similar charges (and any associated interest and penalties resulting from Customer's failure to timely pay such taxes or similar charges) relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent Customer provides satisfactory proof of a valid tax exemption prior to the delivery of Services. To the extent Customer is required by law to withhold or deduct any applicable taxes from payments due to A T& T, Customer will use reasonable commercial efforts to minimize any such taxes to the extent allowed by law or treaty, and Customer will furnish AT&T with such evidence as may be required by relevant taxing authorities to establish that such tax has been paid so that AT&T may claim any applicable credit. 7. TERMINATION BEFORE EXPIRATION OF PRICING SCHEDULE TERM tE.G.. TERMINATION FOR CONVENIENCE} 7.1. If Customer cancels Service(s), in whole or in part, for any reason other than default by AT&T, or AT&T terminates for Customer's default, prior to the Cutover Date, the Customer must reimburse AT&T for all expenses incurred in processing this Pricing Schedule and installing the required equipment and facilities completed up to the date of cancellation, and termination liability as provided in this section below shall not apply. 7.2 If Customer terminates a Service or Service Component, in whole or in part, for any reason other than default by AT&T, or AT&T terminates for Customer's default, on or after the Term Start Date but before the scheduled completion of the Pricing Schedule Term or Minimum Payment Period applicable to such Service or Service Component, Customer shall pay a termination liability of an amount equal to (a) all unpaid non-recurring charges (excluding non-recurring charges that were waived or incorporated into the monthly recurring rates), (b) fifty percent (50%) of the recurring monthly charges rate for the terminated Service or Service Component as set forth in this Pricing Schedule, multiplied by the number of months remaining in the Minimum Payment Period applicable to such Service or Service Component at the time of termination, and (c) any unpaid applicable special construction liabilities as specified in Section 7.3. 7.3 In consideration of Customer's commitments under this Pricing Schedule, Customer is receiving an accelerated discount for Special Construction Charges of $37,128.47 ("accelerated discount") and Customer will not be liable for such charges so long as the entire Pricing Schedule Term is completed. If Customer terminates Service(s), in whole or in part, for any reason other than default by AT&T, or AT&T terminates for Customer's default, Customer shall promptly pay to AT&T 100% of a prorated portion of the accelerated discount (accelerated discount divided by the number of months in the Pricing Schedule Term multiplied by the number of months remaining in the Pricing Schedule Term at point of termination) in addition to any other termination charges described herein. 7.4 Unless otherwise stated herein, Service(s) provided under this Pricing Schedule must remain at the location(s) at which the Service(s) are installed for the entire Pricing Schedule Term or the Minimum Payment Period applicable to such Service(s). If Customer fails to maintain the Service(s) provided under this Pricing Schedule at the locations required under the preceding sentence for any reason other than default by AT&T, Customer shall be liable for termination charges calculated in the manner specified in this Section. 8. TARIFFS AND REGULATORY REQUIREMENTS This Pricing Schedule may be subject to the jurisdiction of a regulatory commission and will be subject to changes or modifications as the controlling commission may direct from time to time in the exercise of its jurisdiction. Therefore, for this purpose, this Pricing Schedule will be deemed to be a separate agreement with respect to the Services offered in a particular jurisdiction. AT&T will, subject to the availability and operational limitations of the necessary systems, facilities, and equipment, provide the Services pursuant to the terms and conditions in the Tariff or Guidebook. If approval is required and not obtained, then this Pricing Schedule will immediately terminate, and Customer shall receive a refund of any non-recurring charges paid and pre-paid amounts for Services not received. 9. SPECIAL TERMS AND CONDITIONS 9.1 Texas Terms and Conditions. To the extent this Pricing Schedule relates to regulated Services provided in Texas, Customer acknowledges the possibility of purchasing the Services provided hereunder from other providers. ICB-PS# 226833 eCRM# 1-BU73RE 810833 /11/12/09 eM vs3635 11/12/09 AT&T and Customer Confidential Information Page 4 of 5 8 Telco_Data_(when CA included = 96a) 8 ICB Telco P8 v. 1 0/27/09 ~ at8ct Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory in the State of Texas Pursuant to Tariff(s) and/or Guidebook 10. SERVICES AND JURISDICTION CERTIFICATION Customer acknowledges and certifies that the total interstate traffic (including Internet traffic) on the Service(s) constitutes ten percent (10%) or less of the total traffic on the Service. 11. CUSTOMER COMMITMENT AND RATES 11.1. Customer Commitment SERVICE QUANTITY COMMITMENT I AS SPECIFIED IN SECTION 11.2 Customer agrees to purchase the Service(s) identified in Section 11.2 in the quantities identified in Section 11.2 for the duration of the applicable Minimum Payment Period. If Customer does not order at least the specified quantities of each of the New Service Component(s) identified in Section 11.2 below and have them installed pursuant to this Pricing Schedule, AT&T reserves the right to charge a one-time shortfall charge of 50% of the Monthly Recurring Rate for each such Service Component not installed by the end of such time period times the number of months in the applicable Minimum Payment Period. Customer will be billed for the shortfall charge, and payment will be due 30 days after the invoice date. The rates set forth in Section 11.2 below consist of the monthly recurring rate(s) for the Service Component(s) at the quantities as set forth and described in Section 11.2 below and non-recurring/one-time charges, if listed in Section 11.2. Special Construction Charges of $37,128.47 have not been included in the rates set forth below as customer is receiving an accelerated discount for these Special Construction Charges. Provided that Customer does not terminate Service(s) before expiration of the Pricing Schedule Term, and that AT&T does not terminate for Customer's default, these Special Construction Charges will not be charged to Customer. 11.2 Rates Service Components, Quantities, Monthly Rates Description - Service Components / Quantity Monthly Service USOC New Recurring Rate. each OPT-E-MAN OPT-E-MAN!!l! Basic Connect 10/100M / 4 $322.00 P9FEX OPT -E-MAN CIR Speed - 100 Mbps (Silver) / R6ELC 1 $784.00 OPT-E-MAN CIR Speed - 50 Mbps (Silver) / R6EHC 1 $686.00 OPT -E-MAN CIR Speed - 5 Mbps (Silver) / R6EAC 2 $364.00 12. SERVICE LOCATIONS 9832 Spencer Hwy, La Porte, TX, NOCILLlCODE 3005 N 23RD Street, La Porte, TX, LAPTTXRLWOO End of Document ICB-P8# 226833 eCRM# 1-BU73RE 810833/11/12/09 CM vs363511/12/09 AT&T and Customer Confidential Information Page 5 of 5 8 Telco_Data_(when CA induded = 96a) 8 ICB Telco P8 v.10/27/09 K REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 14.2009 Bud!!et Requested By: Jeff Su~~s Source of Funds: Technology Fund Department: IT Account Number: 015-9892-988-1100 Report: Resolution: Ordinance: Amount Budgeted: $214,288 Exhibits: SunGard Contract Supplement Amount Requested: $511,950 Exhibits: Module descriptions Budgeted Item: YES X NO Exhibits SUMMARY & RECOMMENDATION The 2009 - 2010 Budget includes a CIP to provide Internet based customer service for citizens via the SunGard Click2Govapplications. The areas affected are Utility Billing, Building Permits, Code Enforcement, Tax, Purchasing, Accounts Receivable, and Human Resources. The CIP also includes adding the Planning and Engineering module, Field Connect for Code Enforcement and Building Permits, and the Human Resources module. This agenda request includes adding the Planning and Engineering module and the Human Resources module. The Field Connect components are not yet available and are not included in this request. Field Connect is expected to be available next year. SunGard has waived the start-up fees for the Click2Gov modules providing this supplement to the existing contract is executed prior to January 1,2010. The estimated value of the savings offered by SunGard is $81,028. This estimate is based on the quote provided by SunGard when the CIP request was submitted for the budget. The result of this supplement is to increase the monthly payment to SunGard as follows: $ 9,992.00 Current monthly payment to SunGard $ 6,550.00 Proposed increase in monthly payment** $16,542.00 Total proposed monthly payment to SunGard $119,904.00 Total current annual payment to SunGard $198,504.00 Total proposed annual payment to SunGard* $78,600.00 Total increase in annual payment to SunGard* · The proposed amounts are based on 12 months for companson purposes. Actual payment term for first year is 9 months. .. The monthly payment increases each year of the agreement Please refer to the exhibit IJjttJ i) ') Date SUNGARDe PUBLIC SECTOR Supplement to the Sun Gard Public Sector Inc. Application Service Provider Agreement Schedule A - Order Form This Schedule A - Order Form is entered into under the terms and conditions of the SunGard Public Sector Inc. Application Service Provider Agreement dated December 8, 2008(Agreement), between SunGard Public Sector Inc. (SunGard Public Sector) and La Porte, TX (Customer). Unless otherwise stated below, all terms and conditions as stated in the Agreement shall remain in effect. Customer Name: La Porte, TX Yes No Initial Order Form X Replacement Order Form X Replaces Order Dated Agreement Number: LAPO-081240-3 1. Term: Begins January 1,2010 and expires commensurately with the expiration of the Agreement. 2. Application Groups: Start-Up Fees and Monthly Access Fees Applications and/or Services Monthly Access Start-UD Fee Fee New Products Click2GovCore Module - (K1); QRep Catalogs: K1 - $0 $438.00 (Not currently Licensedl (CJ) New Products Click2Gov CX - (K2) $0 $477.00 (Not currently Licensedl New Products Click2Gov BP - (K3) $0 $377.00 (Not currentlv Licensedl New Products Click2Gov OL - (K6) $0 $407.00 (Not currentlv Licensedl New Products Click2Gov CE - (KO) $0 $411 .00 (Not currently Licensedl New Products Click2GovTX- (KG) $0 $467.00 (Not currently Licensedl New Products Click2Gov PI - (K9) $0 $386.00 (Not currentlY Licensedl New Products CIick2Gov MR - (KR) $0 $386.00 (Not currentlY Licensedl New Products OnePoint Core Module - (KL) $0 $138.00 (Not currently Licensedl New Products One Point Point of Sale - (KM) $0 $138.00 (Not currently Licensedl New Products Planning & Engineering - (PZ), Click2Gov PZ - (K7), $0 $1,450.00 (Not currentlv Licensed\ QRep Cataloa: PZ- (CJ\ New Products Human Resources - (HR), Click2Gov Applicants - (KA), $0 $1,475.00 (Not currently Licensed) Click2Gov Employee Self Service - (KI), QRep Catalo~s: HR, KA KI- (CJ) Hardware Allocation Click2Govhardware and software will be hosted and Included in Start- Included in managed by SunGard Public Sector. Up fee Monthly Access Fee Services Setup, Implementation, Disaster Recovery Plan for Included in Start- Included in SunGard Public Sector applications Up fee Monthly Access Fee TOTAL S - $6 550.00 3. Payment Terms: Start-Up Fee: Due upon execution of this Order Form. Monthly Access Fee: The initial Monthly Access Fee will be due January 1,2010. Subsequent Monthly Access Fees will be due on the first of the month thereafter. Monthly Access Fees will be billed with current ASP ASP Agreement, Schedule A - Order Form Ver) 1.01.07 Page 1 of2 LAPO-081240-3.doc 11/30/2009 Monthly Access Fees. Additional ASP monthly fees will be billed with customers current ASP monthly fees at the rates listed below: January 1,2010 - December 31, 2010 January 1, 2011 - December 31, 2011 January I, 2012 - December 31, 2012 January 1,2013 - December 31, 2013 $6,550.00 per month or $78,600.00 per year, $6,812.00 per month or $81,744.00 per year, $7,085.00 per month or $85,020.00 per year, $7,368.00 per month or $88,416.00 per year. Travel and Living Expenses: Travel and living expenses are in addition to the prices quoted above and will be invoiced as incurred and shall be governed by the SunGard Public Sector Travel and Expense Reimbursement Policy. Travel and living expenses actually incurred in prior months for which SunGard Public Sector is seeking reimbursement, shall also be invoiced monthly. The terms and conditions contained in this Schedule A - Order Form, including the prices, will be honored as set forth herein, provo is Schedule A - Order Form is executed by December 27, 2009. Please sign below and Fax back to 407-386-8878. fJ-I r) /0 , Date e b~~~ Printed Name ASP Agreement, Schedule A - Order Form Ver) 1.01.07 LAPO..o81240-3.doc 11/30/2009 Page 2 of2 Click2Gov Modules Applicants The Applicants Click2Gov module will allow applicants to find and apply for positions via the Internet and to maintain an account to review the status oftheir applications. This module works in conjunction with the Human Resources Personnel Module. Building Permits The Building Permits Applicants Click2Gov module enables citizens and contractors to request inspections, view inspection results, and view all inspections required online via the Internet. Business Licenses The Business Licenses Applicants Click2Gov module allows citizens to inquire about a license application, pay for licenses, renew licenses, and print proof of renewal via the Internet. Code Enforcement The Code Enforcement Applicants Click2Gov module enables citizens to perform case inquiries, view case related data, view the next course of action regarding the case, and pay fines and fees online. Employee Self Service The Employee Self-Service Applicants Click2Gov module allows employees to view and update personal data as allowed by system configuration, review accrual balances, create "what-if" scenarios for payroll deductions, view check history. OnePoint Core Module The OnePoint Core module is required for processing on-line payments. Planning & Zoning The Planning and Zoning Click2Gov module allows the public to view planning and engineering project information online including general project and review information, review steps associated with a project. Purchasing & Inventory The Purchasing and Inventory Click2Gov module allows businesses to register as potential vendors, maintain their vendor information, review their account history, payments received, and payments in process. Tax The Tax Click2Gov module enables the customer to access property tax accounts and related information on the Internet and allows citizens to pay property taxes online using a credit card. Utility Billing The Utility Billing (CIS) Click2Gov module allows citizens to view up to date account information, billing history, and service and consumption summaries, and it allows electronic billing and online payments. Field Connect Modules Permits & Inspections The Field Connect module for Permits and Inspections makes data available to the inspectors while in the field. From the field, inspectors will be able to view permit and inspection history, schedule and maintain routes, schedule inspections and re-inspections, associate photographs with inspections, and generate permits and field notices. Code Enforcement The Field Connect module for Code Enforcement is expected to be released during the fourth quarter of 2009 or first quarter of 2010. It will allow the code enforcement officers to work from the field. Specific functions it will provide have not yet been released. When it is released, the functions it will provide will be reviewed and the decision to purchase the module will be made at that time. Human Resources Personnel Module The Human Resources module provides a means for maintaining a comprehensive profile for each employee including various metrics. It also includes an Applicant Tracking module which will track the entire applicant process online from job opening to employee selection. Planning & Zoning Module The Planning and Zoning module incorporates legal descriptions and zoning data from the Land Management module and provides features such as planning and construction reviews, summary and bond tracking, an integrated estimate calculator. QRep Catalogs The QRep Catalogs provide data definitions that permit staff to design and run reports which extract data from the SunGard applications. 7 '-~ REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 12. 2009 Budl!et Requested By: "prr SIl~~S Source of Funds: Technology Fund Department: IT Account Number: 02360665194022 Report: Resolution: Ordinance: x Amount Budgeted: $21,600 Exhibits: Interlocal Agreement with LPISD Amount Requested: $21,600 Exhibits: Ordinance Budgeted Item: YES X NO Exhibits SUMMARY & RECOMMENDATION The school district has recently completed and started the move in phase of the new Information Technology Center on Spencer Highway. The building is a highly rated and efficient structure able to with stand hurricane force winds and has auxiliary power to continue operations during and after a disaster. After many years of discussions between parties, a collaboration and joint usage agreement between the City and ISO has finally been reached. The City will house its IT staff and systems in the new building alongside the District. The City will pay a lease of $18,000 a year paid monthly and 5% of the monthly utility costs. The partnership will assist both groups with information sharing, equipment usage and continuity of operations. This Interlocal agreement has been passed by the School District and signed by the Superintendent. I; (16 J&j Date ORDINANCE NO. 2009- 3:1.01 AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE INDEPENDENT SCHOOL DISTRICT, AUTHORIZING THE CITY OF LA PORTE TO LEASE OFFICE SPACE AT 9832 SPENCER HIGHWAY, FOR A NETWORK OPERATING CENTER AND STORAGE SPACE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this I,-/I/.-day of fJf{'GIJ1f(yfYr: 2009. By: ATTEST: ~ atHt<-!J,f"fd artha A. Gillett City Secretary ~r~ Assistant City Attorney CITY ~~ORTE Barry Mayor USE AGREEMENT This Use Agreement (the "Agreement") is entered into by and between the LA PORTE INDEPENDENT SCHOOL DISTRICT, a public independent school district and political subdivision of the State of Texas, ("LPISD" or "District") and the CITY OF LA PORTE, TEXAS, a municipality located in Harris County, Texas and political subdivision of the State of Texas ("City") with an effective date of January 1,2010 ("Effective Date"). WHEREAS, the District owns certain real property and improvements located at 9832 Spencer Highway, La Porte, Texas 77571 ("Property"); and WHEREAS, the building located on the Property contains approximately 18,725 square feet of space ("Building"); and WHEREAS, the District currently does not have the need to use all the Building for its purposes; and WHEREAS, the City seeks to use a certain portion of the Building for City purposes and the District desires to grant use of certain areas of the Building to the City under the terms and conditions set forth herein. NOW THEREFORE, for the mutual covenants and promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the District and City, agree to the following: TERMS AND CONDITIONS OF AGREEMENT Article 1: Covenants of the District 1.1 The District hereby grants permi~c; ~ square feet on the second floor (\f'''' Building with the PrefY': consists of 8T'-- ~ Netv- ("Slo. p Vl 0 ~~medl j 11~ ,~rbrfC~ 1.3 Tl ' / V' , Storage S1 ? ,1111 ~ mutually a. Ur y'. . Section 1.2 ' 1 u by or at the t upon earlier tl to the City to use a total of approximately 920 "Premises"), as depicted on the floor plan of the attached Exhibit "A". The Leased Premises ce space ("Office Space"), 200 square feet for ximately 120 square feet for storage space " work space, storage, and public purposes ~inafter defined. ~mises and furnish the Office Space and ler fixtures as the District and the City ,es to be used by the City as set forth in xtures, and personal property installed 1's property at the end of the Term or 1.4 The Building shall be available for use by the City during normal business hours of 8:00 am to 5:00 pm Monday through Friday. The City shall have access to the Building after the normal business hours and on weekends on a twenty-four hour basis for network failure. If the City requires HV AC services during hours other than the normal business hours, it must give the District at least twenty-four (24) hours advance notice and may be charged an additional fee for the additional HV AC usage. 1.5 The District shall make available electricity and water (collectively "Utilities") to serve the Building and the Premises. The District shall not be liable for periodic or extended outages of the Utilities or for the failure of any provider to make such Utilities available at any time. 1.6 The District shall provide one (1) building standard door sign outside of the Premises identifying the Premises as space being used by the City. Article 2: Covenants of City 2.1 The City shall use the Premises solely for the purposes set forth in Section 1.2 of this Agreement. The City shall comply with all applicable laws and regulations and ordinances in its operations in the Premises and on the Property. 2.2 The City, at its sole cost and expense, shall furnish any materials, supplies, and equipment, including servers, switches, and data systems, that it deems necessary or advisable to conduct its operations at the Premises ("City Equipment"). The City shall be solely responsible for setting up, taking down, and installation of any City Equipment. The City, at its sole cost and expense, also shall be responsible for installation of any telephone or other telecommunications systems required by the City ("City Communications Equipment"). Prior to installation of any City Communications Equipment or installation of any City Equipment that will be attached to the Premises or any part of the Property, the City shall submit plans for such installation and obtain written approval from the District for such installation. The District shall not be responsible or liable for the security of or any damage to or loss of any City Equipment stored at the Property or any City Communications Equipment installed at the Premises or the Property. 2.3 At the end of the Term or upon earlier termination of this Agreement, except for any fixture(s) installed at the Premises that become part of the Building, any equipment supplied by the City for its use shall remain the City's property at the end of the Term or upon earlier termination of this Agreement. Notwithstanding the foregoing, the District shall have the right to remove the City Equipment from said Premises and/or the Property at the sole expense of the City. 2.4 The City shall not use, occupy, or permit any other person or entity to use the Premises or any portion of the Property for any unlawful or hazardous purpose or any act constituting a public or private nuisance; or do or engage in any act or thing that may disturb the quiet enjoyment of any other person at or near the vicinity of the Property; or keep any substance or carry on any operation that might emit significantly offensive odors into other portions of the -2- Premises, the Property, or the adjacent properties; or do anything that would increase the insurance rate of the Premises or the Property or its contents. 2.5 City assumes full responsibility for the conduct of any director, officer, employee, representative, agent, guest, or invitee using or present at the Premises or the Property. Prior to any employee or volunteer of the City being present at the Premises or on the Property, the City shall conduct criminal background checks on all such employees and volunteers. City warrants that it shall not permit and shall restrain any employee, volunteer, representative, or agent of City who has been convicted of a felony or crime of moral turpitude from coming in contact with any District student and/or from providing services at the Premises or the Property. Upon the request of the District, the City shall provide documentary evidence of such background checks, subject to any confidentiality requirements imposed by applicable law. 2.6 At the end of the Term or upon the effective date of termination under Section 3.2, the City shall deliver the Premises to the District in substantially the same condition as on the Commencement Date, normal wear and tear excepted. Article 3: Term of Agreement 3.1 Term. This Agreement shall commence on January 1, 2010 ("Commencement Date") and expire on December 31, 2012 ("Expiration Date"). The period between the Commencement Date and the Expiration Date shall be referred to as the "Initial Term". At the expiration of the Initial Term, this Agreement automatically shall renew for successive one (1) year terms (each a "Renewal Term"). The Initial Term and any and all Renewal Terms shall be referred to herein as "Term." 3.2 Termination. In addition to the right of termination set forth in Article 8, the parties also may terminate this Agreement prior to the end of the Term as set forth in this Section 3.2. Either party shall have the right to terminate this Agreement at any time upon ninety (90) days written notice for any reason. The City has the right to terminate this Agreement at the end of any fiscal year if the City Council, despite its best efforts, fails to appropriate sufficient funds to pay the Usage Fee as set forth in Article 4. Termination under this Section 3.2 shall be without any penalties and without further obligations upon the part of either party, other than those stipulated herein related to the terms of this Agreement, including, but not limited to, those set forth in Section 4.4 through 4.6. Article 4: Usage Fee and Expenses 4.1 Usage Fee: For the use of the Premises, the City agrees to pay the District in good funds the sum of Eighteen Thousand and No/lOO Dollars ($18,000) per year, payable monthly ("Usage Fee or Usage Fees"). The City hereby agrees to pay such Usage Fees to the District at the District's address as provided herein for notices (or any other address that may be designated by the District in writing to the City) on or before the 15th day of the month. The District reserves the right to refuse entry to the Property by the City if the City has not paid the Usage Fee by the Usage Time scheduled for which such Usage Fee applies. -3- 4.2 Expenses. In addition to the Usage Fees, the City shall pay to the District its pro-rata share of the cost of any Utilities, which shall be five percent (5%) of the monthly cost to the District for Utilities and shall pay to the District the additional costs for the usage of Utilities other than during normal business hours ("Expenses"). 4.3 Interest: If the City fails to pay the Usage Fees or any Usage Fee within the time frame required under Section 4.1 or fails to pay any Expenses within thirty (30) days after submission of invoice by the District, the City shall owe to the District interest on all amounts not paid when due in the maximum amount permitted under Section 2251.025 of the Texas Government Code ("Interest"). If any portion of any Usage Fee payment, Expenses, or Interest is not paid as required or by the dates due under this Article 4, the amount of Usage Fee due for the next month or for any succeeding period shall be calculated first by crediting the amount paid by the City against any Interest due with the remainder of the amounts so paid being credited toward any Usage Fee(s) or Expenses then due and owing. If after making such credits, additional amounts are due by the City for Usage Fees, Expenses, or Interest not paid, interest shall continue to accrue until such time as the City pays all outstanding Usage Fees, Expenses, and Interest. 4.4 The City's obligation to pay any Usage Fees, Expenses, and Interest that are outstanding and have not been paid at the end of the Term or upon the earlier termination of this Agreement shall survive the expiration or earlier termination of this Agreement and late charges shall continue to accrue until such Usage Fees, Expenses, and late charges are paid. The District reserves the right to pursue any action or remedy available at law or in equity if the City fails to pay Usage Fees, Expenses, and/or Interest as required under this Agreement. 4.5 The City shall be liable for and shall reimburse the District for the costs of repairing any damage to the Premises, or Property, or any of the District's personal property located at, in, or near the Premises or Property caused by or resulting from the City or any of the City's officers, employees, guests, members, invitees, and/or agents' use of the Premises or presence on the Property. The City's obligations under this Section 4.5 shall survive expiration or earlier termination of this Agreement. 4.6 The District reserves the right to charge and the City agrees to pay any additional charges that may accrue due to the City's usage of the Premises, such as costs for the City's failure to perform its obligations under this Agreement including, but not limited to, the failure to leave the Premises in a clean condition at the end of the Term; damage to the Property or the District's property, equipment, or grounds; and the costs associated with checks returned for insufficient funds. Article 5: Use and Operation 5.1 The City shall not nor shall it permit any person, including without limitation, its officers, employees, guests, members, invitees, and/or agents, to: a) commit any violation of applicable present and future laws, ordinances, orders, rules and regulations regarding the use of the Premises and Property; -4- b) commit at the Premises or on the Property any nuisance or other act or thing against public policy; c) commit at the Premises or on the Property any act that disturbs the quiet enjoyment of any other persons occupying or utilizing the Property; d) bring onto the Premises or on the Property any weapons, alcoholic or intoxicating beverages, any illegal drugs, or any controlled substance, except as such controlled substance is prescribed by a physician; e) bring onto the Premises or on the Property any firearms, knives, or any other item that could be construed as a weapon; f) bring onto the Premises or on the Property any glass containers or receptacles, or any other item that potentially could cause harm or injure a person; g) bring onto the Premises or on the Property any pets or animals; and/or h) use the Premises for any illegal, improper, immoral, or objectionable purpose. 5.2 Except as otherwise expressly permitted under this Agreement and except upon advance written consent from the District after review and approval of plans for any improvements, additions, or alterations, the City shall not make any additions or alterations to the Premises or the improvements, fixtures, furnishings, and equipment owned by the District at the Property except. 5.3 The District and its agents and employees shall have access to the Premises to the extent deemed necessary by the District (a) for the performance of its obligations under this Agreement and for any and all purposes related thereto; (b) to investigate any suspected violations of the terms and conditions of this Agreement; or (c) otherwise in connection with the ownership of the Property. The City shall not interfere with the District's right of access. 5.4 The District reserves the right through its representatives to eject any person or persons who act in violation of the terms of this Agreement from the Premises or the Property and upon the exercise of this authority, THE CITY WAIVES ITS RIGHT AND CLAIM FOR RELIEF AND/OR DAMAGES AGAINST THE DISTRICT OR ANY OF ITS TRUSTEES, OFFICERS, EMPLOYEES, OR AGENTS. Article 6: Liability 6.1 DISCLAIMER OF LIABILITY; RELEASE. (a) NEITHER THE DISTRICT NOR ANY OF ITS TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS (collectively and anyone of them shall be referred to herein as "DISTRICT PARTIES") SHALL BE LIABLE OR RESPONSIBLE FOR ANY CLAIMS, LOSSES, DEMANDS, SUITS, COSTS, AND EXPENSES, AND OTHER FORMS OF LIABILITY INCLUDING, BUT NOT LIMITED -5- TO, ATTORNEYS' FEES AND LITIGATION EXPENSES (EACH A "CLAIM") OR ANY INJURY TO ANY PERSON OR TO ANY PROPERTY (EACH A "LOSS") OF THE CITY, ITS OFFICERS, EMPLOYEES, AGENTS, MEMBERS, GUESTS, INVITEES, OR ANY THIRD PARTY, IN OR UPON THE PROPERTY OR PREMISES, RESULTING FROM ANY CAUSE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, THEFT, OR VANDALISM AND THE CITY RELEASES THE DISTRICT PARTIES FROM ANY LIABILITY FOR SUCH CLAIM OR LOSS. (b) EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT OR AS OTHEWISE PERMITTED BY LAW, NEITHER THE CITY NOR ANY OF ITS OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS (collectively and anyone of them shall be referred to herein as "CITY PARTIES") SHALL BE LIABLE OR RESPONSIBLE FOR ANY CLAIMS, LOSSES, DEMANDS, SUITS, COSTS, AND EXPENSES, AND OTHER FORMS OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND LITIGATION EXPENSES (EACH A "CLAIM") OR ANY INJURY TO ANY PERSON OR TO ANY PROPERTY (EACH A "LOSS") OF THE DISTRICT PARTIES RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, THEFT, OR VANDALISM TO THE EXTENT CAUSED SOLELY BY THE DISTRICT AND THE DISTRICT RELEASES THE CITY PARTIES FROM ANY LIABILITY FOR SUCH CLAIM OR LOSS. 6.2 Survival of the Disclaimer and Release. THE DISCLAIMER AND RELEASE OF LIABILITIES SET FORTH IN THIS ARTICLE 6 SHALL SURVIVE THE EXPIRATION OF THE TERM OR EARLIER TERMINATION OF THIS AGREEMENT. Article 7: Insurance 7.1 At all times during the Term of this Agreement, the City shall obtain and keep in force, at its sole cost and expense, (i) a comprehensive general liability insurance policy with a single limit of at least two million dollars ($2,000,000), including coverage for bodily injury or death, property damage, and personal injury liability; and (ii) an all-risk property insurance policy covering the District's property located within the Premises in accordance with the terms of this Agreement for the full replacement cost of such District property. 7.2 Prior to the City's use of the Premises and before the insurance policies required to be maintained under this Agreement shall expire, the City shall deliver to the District a certificate and copies of all endorsements evidencing the issuance of such insurance policies. Upon request by the District, the City shall provide a copy of the insurance policies required under Section 7.1 of this Agreement. The City's comprehensive general liability insurance policy and certificate and endorsements evidencing such insurance shall include the District as additional insured and require that the District be notified of the cancellation or expiration of the policy in advance. Further, both policies required of the City under this Section 7.1 shall (i) contain provisions by which the insurer agrees that neither policy shall be canceled or substantially changed except after thirty (30) days written notice to the District; and (ii) be issued by insurance companies reasonably satisfactory to the District and qualified to do business in the State of Texas. Any -6- liability insurance carried or to be carried by the City under this Agreement shall be primary and non-contributory over any insurance policy or self-insurance coverage maintained or carried by any of the additional insured. The City's failure to obtain or maintain the required insurance shall constitute a material breach of this Agreement and shall result in the City being required to immediately cease its use of the Premises. 7.4 Any and all insurance policies required of the City under this Agreement shall contain a waiver of subrogation of any right against the District or any insurance policy owned or held by either the District. Article 8: Default 8.1 If the either party fails to comply with any prOVlSlon in this Agreement, the non- breaching party shall give the breaching party written notice of the default. If within ten (10) business days after notice is given, the breaching has not cured the default, or in the other party's sole discretion and judgment has not made substantial efforts to cure the default, (which shall be fully cured no later than 20 business days after notice), the non-breaching party may terminate this Agreement immediately and seek the redress and remedies as set forth below. 8.2 In addition to the termination rights under Section 8.1, in the event of any such default or breach by the City and the failure to cure within the time frames required, the District may at any time thereafter, in its sole discretion, with or without notice or demand (except as otherwise stipulated and expressly provided for herein) terminate the City's right to use the Premises and shall remove City Equipment and/or City Communications Equipment by any lawful means, in which case this Agreement shall terminate and the City shall immediately cease its use of the Premises and entry to the Property and shall pay all amounts owed to the District under this Agreement up to the time of such termination, except that Interest shall continue to accrue as set forth in this Agreement until such time as all delinquent amounts are paid in full and in such event the District shall be entitled to recover from the City all damages incurred by the District by reason of the City's default, including collection costs and attorney's fees. 8.3 The City waives any claim to "possession" of the premises as that term is defined by law and agrees that since this is merely an agreement for the City's use of the Premises rather than a property right in the form of a lease, and the City waives necessity of, or entitlement to, a forcible detainer or other similar action to remove the City from the Premises. Article 9: Parking Area 9.1 The District reserves the right to change the entrances, exits, traffic lanes, and the boundaries and locations of parking area at the Property without notice to the City. 9.2 The District shall keep the motor vehicle parking areas in a neat, clean and orderly condition. 9.3 The City, for the use and benefit of the City, its employees, guests, and invitees, shall have the non-exclusive right in common with the District and the District's officers, employees, -7- guests, and invitees to use the parking area during the Term of this Agreement for ingress, egress, and motor vehicle parking. 9.4 In the use of the parking area, the City agrees to comply with such reasonable rules and regulations as the District may adopt from time to time for the orderly and proper operation of said parking area. Such rules may include, but shall not be limited to, the restricting of parking to a limited or designated area or areas. Article 10: Nature of Agreement and Relationship of the Parties 10.1 This Agreement provides the City only with the right and privilege to use the Premises in the manner set forth in this Agreement. Nothing herein is intended to grant to the City a leasehold or tenancy interest in the Premises. 10.2 Nothing contained in this Agreement shall be construed as constituting a joint venture or partnership between the District and the City or as creating the relationship of principal and agent. Nothing contained herein shall be construed as permitting the City to bind the District or serve as agent of the District with regard to the Premises, the Property, or any subject matter contained in this Agreement. Article 11: Miscellaneous Provisions 11.1 This Agreement represents the entire agreement and understanding between the parties as to the subject matter herein and supersedes all previous agreements or understandings between the parties, whether verbal or written. This Agreement may not be altered or amended except by written agreement signed by both parties. 11.2 This Agreement shall be governed interpreted by, and construed in accordance with the laws of the State of Texas without regard to its choice of law provisions. Exclusive venue for any dispute relating to this Agreement or the subject matter hereof shall be in a court of competent jurisdiction located in Harris County , Texas. 11.3 Nothing contained in or contemplated by this Agreement shall be construed to waive any immunities to which the District or the City may be entitled under any law. 11.4 This Agreement shall not be assignable by either party in whole or in part without the prior written consent of the other party. Notwithstanding the foregoing, the District shall have the right to assign this Agreement to any successor in interest obtaining title to the Property. 11.5 No waiver by either party of any default or breach by the other party of its obligations under this Agreement shall be construed to be a waiver or release of any subsequent default or breach under this Agreement. No failure or delay by either party in the exercise of any remedy provided for in this Agreement shall be construed a forfeiture or waiver thereof or of any other right or remedy available. -8- 11.6 Any provisions of this Agreement that shall prove invalid, void, or illegal shall be reformed to the fullest extent possible to comply with any legal restrictions or limitations and such invalidity or illegality of one or more provisions in no way affects, impairs, or invalidates any other provision hereof and such other provisions shall remain in full force and effect. 11.7 Notices. All notices and other communications required by the terms of this Agreement will be in writing and sent to the parties hereto at the addresses set forth below (and such addresses may be changed upon proper notice to such addresses). Unless otherwise agreed in writing by the receiving party, notice may be given by: (i) certified or registered mail, postage prepaid, return receipt requested; (ii) reputable overnight carrier, postage prepaid; (iii) facsimile (with confirmation of transmission by sender's facsimile machine); or (iv) personal delivery (with written receipt confirming such delivery). Notice will be deemed to have been given (i) two (2) business days after mailing as described in clauses (i) and (ii) of this Section 11.7; (ii) on the date of personal delivery; or (iii) on the date of transmission of a facsimile if on a business day during normal business hours (or, if not, the next succeeding business day). Unless otherwise agreed in writing by the receiving party, electronic mail does not constitute official notice under this Agreement. The addresses of the parties are: TO THE DISTRICT: La Porte Independent School District Attn: 1002 San Jacinto Street La Porte, Texas 77571 Telephone: 281-604-_ Facsimile: 281-604- Email: WITH COPY TO: Thompson & Horton LLP Attn: Maureen R.M. Singleton 711 Louisiana Street, Suite 2100 Houston, Texas 77002 Telephone: 713-554-6750 Facsimile: 713-583-7909 Email: MSingleton@thompsonhorton.com TO THE CITY: City of La Porte, Texas r L Attn: ---Lt1 t1,rJh Lt. G ; I k l-r .... - La Porte, Texas 0'),1 Telephone: 281- 4-'70- 5DIL7 Facsimile: J Email: ~ i II e l-/ m ~ {lJ.vpo(tc: -J ~ 'J 0 WITH COPY TO: -9- 11.8 The District and the City each represent that it has the authority to execute this Agreement and to perform its obligations under this Agreement. 11.9 This Agreement may be executed in two (2) or more counterparts, each of which shall be considered an original and binding upon the party executing the same, but both of which shall constitute one and the same agreement. 11.10 Exhibits. The following exhibits are attached hereto and incorporated herein for all purposes: Exhibit "A" Depiction of the Floor Plan of the Building and the Premises This Agreement is executed below on (2 -/4-01 Effective Date. and entered into as of the DEPENDENT SCHOOL DISTRICT 445220 -10- 8 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 14.2009 Budl!et Requested By: "pIT Sllgg~ Source of Funds: Technology Fund Department: IT Account Number: 02360665195007 Report: Resolution: Ordinance: Amount Budgeted: $22,000 Exhibits: A IT Opt-e-man and Internet Contracts Amount Requested: SJ9,43S 90/151 J'r Exhibits: Exhibits Budl!eted Item: YES X NO SUMMARY & RECOMMENDATION This project is part of the relocation of the City IT department to the new LPISD ITC building. Adding the additional Opt-e-man and fiber is paramount to continue operations from that building. We have designed a system that will also give the City continuity of operations and redundancy should a disaster take place. This contract will be like the current contract we have with A TT for fiber and internet service. It is based on a 5 year term where we pay monthly charges. Managed Internet Service (MIS) with Voice over IP (VoIP) will help us get the most out of our communication investment. The MIS Access Redundancy Option (MARO) and VolP can help to ensure uninterrupted Internet access from dual paths. Private Transport Network and VolP run with MIS at the core. MIS with VolP gives us choices for speed, network access, component management, and network security. The service includes a dedicated network backbone, industry-leading service level agreements, 24x7 customer support, technical assistance, proactive monitoring, and network management tools. This solution can save time and money, help us enhance your revenue growth potential and stay up and running to serve the citizens during a disaster. The additional funding for this project will come from the Technology Liability account. f!- f,t> ~9 Date Contents YOUr Issues and Goals ........3 Our Recommendation.... 4 SUmmary PriCing ................ Your AT&T AdVantage......... Your Account Team ............ Additional Notes................. 9 ---------- Natasha Pratt Tsc ] Module Geh 6500 West Loop S Rm FI 1 Bellaire, TX 77401 Phone: 713-567-8508 Email: nI5132@semail.att.com ~.'.'-'..' ~ at&t November 16, 2009 Mr. Jeff Suggs MIS Director City of La porte 3001 North 23rd Street La Porte, TX 77571 Dear Mr. Suggs: Tight budgets, expanding constituencies, and increased security are just a few of the factors driving government planning in our country. Government agencies have to behave as any other industry to keep up. You don't have time to digest tons of technical material to solve communications issues. You want straightforward solutions for your ever-complex issues. The AT&T companies are ready to help City of La porte rely on a communications provider that is committed to achieving results. We propose OPT-E-MAN@ Service, a high-speed data solution that connects your LANs within the same metropolitan area. OPT-E-MAN service gives you: . Competitive Pricing-Priced at 15-20% lower than similar services, OPT-E-MAN service has higher bandwidth levels and equivalent contract terms. · Reduced Complexity-DPT-E-MAN is easy to use and requires no additional training or administration. · Network Management-We fully manage and administer OPT-E-MAN service from edge to edge. Our management eliminates your need for costly maintenance. We offer an integrated solution that will enhance your communications network and provide greater access to information and communications. Our solution combines OPT-E-MAN service and Managed Internet Service (MIS). These products will perfectly complement each other. Together they . Offer versatility by accommodating different protocols, equipment, and applications . Support extensive record and data transfer capabilities . Provide the higher level of telecommunications quality inherent in digital technology When you consider the whole picture--our competitively priced solution combined with our reputation for reliability and support-you'll find we offer an excellent communications value. Please see the page 6 for pricing information. A T&T wants to provide City of La porte with a real solution to meet today's economic challenges and prepare you for tomorrow's opportunities. We know you have a choice of communications providers, and we want to earn your business. After you review this proposal, I know you'll agree that we have the right solution to meet your needs. We will strive to exceed your expectations when you do business with us. Sincerely, Natasha Pratt Tsc 1 Module Geh Your Issues and Goals Issues affecting City of La porte From our discussions with you and the experience we've gained from working with other successful government agencies, we've learned about key issues you face and specific goals you want to accomplish. Issues surrounding Government Regulations regularly affect government organizations like City of La porte. These issues can influence your communications decisions. Even though people may believe you are on the other side of the red tape, you know that regulation can hamper your agency. Fortunately, they don't have to impede your communications provider. Goals you want to achieve To address these issues, we understand that City of La porte would like to rely on a communications provider that is committed to achieving results. Specifically, you want to · Reduce your agency's concerns about the reliability of its communications system . Trust your provider to stand behind the solution it offers your agency . Work with a provider who is committed to your agency's success Our solution addresses your key issues and supports your long- and short-term goals. In the foJlowing pages, we'JI describe the solution, explain how it works, and define its key benefits. Then we'll summarize its cost. Our Recommendation To enhance your communications network, we recommend that City of La porte implement a complete, integrated solution that includes OPT-E-MAN@ Service and Managed Internet Service (MIS). Let's look at each of your solution's components individually. Connect Multiple Sites in a City with OPT -E-MAN service OPT-E-MAN@ Service is a switched Ethernet service that connects your LANs within the same metropolitan area. OPT-E-MAN service provides a fully managed service that uses optical transport. How does it work? OPT-E-MAN service uses Ethernet LAN packets that run over optical fiber to the Internet or your network. The fiber transport connects to network terminating equipment at your location, and you connect to the service using a router, bridge, or switch. The service provides flexible bandwidth options from 10 Mbps to 1 Gbps. What will it do for me? You can ensure 24x7 connectivity among your sites with OPT-E-MAN service, a fiber optic solution. This Ethernet service is powerful enough to handle application access and data and video transport. It also supports dedicated Internet access, transparent LAN services, and network-based VPN. You can keep employees updated and involved with company issues without wasting time and money on travel. To help you achieve these goals, OPT-E-MAN service gives you these features: . Competitive Pricing-Priced at 15-20% lower than similar services, OPT-E-MAN service has higher bandwidth levels and equivalent contract terms. . Reduced Complexity-OPT-E-MAN is easy to use and requires no additional training or administration. . Network Management-We fully manage and administer OPT-E-MAN service from edge to edge. Our management eliminates your need for costly maintenance. OPT-E-MAN@ Service works seamlessly with Managed Internet Service (MIS) to ensure the success of this integrated communications solution. Converge your network with MIS Managed Internet Service (MIS) is an Internet access service that combines a high-speed, dedicated connection with consolidated application management. It lets you reliably access information resources and communicate with Internet users worldwide. MIS includes proactive, 24x7 network monitoring, enhanced network security features, and maintenance ofthe communications link between your locations and the AT&T network. How does it work? Managed Internet Service (MIS) with Voice over IP (VoIP) will help you get the most out of your communication investment. The MIS Access Redundancy Option (MARO) and VoIP can help to ensure uninterrupted Internet access. Private Transport Network and VoIP run with MIS at the core. MIS with VoIP gives you choices for speed, network access, component management, and network security. The service includes a dedicated port on our OC48/0Cl92 network backbone, industry-leading service level agreements (SLAs), 24x7 customer support, technical assistance, proactive monitoring, and network management tools. What will it do for me? This converged network solution can save time and money, help you to keep your competitive edge, and enhance your revenue growth potential. And since we manage the entire service, you can conduct business with confidence. To help you achieve these goals, MIS gives you these features: . Fully managed, dedicated Internet access-gives you reliable Internet access that we back with industry-leading service level guarantees and manage from end to end . 'Round-the-clock customer support-provides you with expert 24x7 technical assistance, proactive monitoring of your network, and coordinated service installation . Flexible access-lets you choose the speed and access method you need, including Ethernet, VoIP, and access redundancy options . Single provider-gives you both Internet service and access with one contract and one monthly bill for multiple services Summary Pricing Our recommendation offers a complete solution from the AT&T companies. We have the knowledge, experience, and financial stability to do the job right. The following table identifies the incremental and total costs of our integrated solution for City of La porte. Product Quantity Monthly One-Time Charge Charge OPT-E-MAN Network on 5 year term $3,486.00 $0.00 Managed Internet Service (MIS) on 5 year term Totalmollthly cost 1 $896.10 $0;00 $4,382.10 $0.00 Beyond the solution and price Other providers offer viable--{)ften identical-solutions. The truth is that many of our competitors use our facilities to bring their service to you. Now that you know how our price compares with theirs, we want to tell you about the difference between them and us: real value. Your AT&T Advantage On the preceding pages, we described our recommendation, which includes OPT-E-MAN@ Service and Managed Internet Service (MIS). Together, these products provide a complete, cost effective communications solution. For the solution to be truly valuable, it must be cost effective. You've seen the costs. Our prices are competitive with those of any brand-name provider. With our integrated solution, you'll receive quality service from an industry leader who is committed to your organization and your bottom line. Plus, you'll receive excellent value: · Reliability--Our companies are some ofthe strongest, most dependable communication providers in the industry. We monitor our network to identifY and correct service issues quickly. Your constituents trust you to deliver the services they rely on; you can trust us to provide sound, reliable data services. · Service--We offer you easy access to service and assistance, whether through online tools or a single phone number. As a result, you may spend less time on communication issues and have more time to focus on your business. Your government agency wants a solution-based approach to its data services. We're here to give you a complete solution that will see you through your communications challenges. · Complete Solutions-A T &T offers a complete range of solutions. We're qualified to work with a wide variety of communication products and can assess your needs to find the best solutions. Our advantage stems from being able to understand what your government agency needs and from having the resources to deliver the right data service. Let us put these assets to work for you today. If you believe that our solution will meet your needs, we're ready to negotiate all terms and conditions immediately. Your Account Team One thing consistently sets AT&T companies apart from other providers-a dedicated account team. This table lists contact information. Call us if you have questions or concerns. We'll come through for you. Additional Notes This proposal expires in thirty (30) days OPT-E-MAN@ Service OPT-E-MAN@ service is provided by Southwestern Bell Telephone Company, d/b/a A T&T Arkansas, AT&T Kansas, A T&T Missouri, AT&T Oklahoma, and AT&T Texas; Pacific Bell Telephone Company, dba AT&T California; The Southern New England Telephone Company, dba AT&T Connecticut; Nevada Bell Telephone Company, dba AT&T Nevada; Illinois Bell Telephone Company, dba AT&T Illinois; Indiana Bell Telephone Company, Incorporated, dba AT&T Indiana; Michigan Bell Telephone Company, dba AT&T Michigan; The Ohio Bell Telephone Company, dba AT&T Ohio; and/or Wisconsin Bell, Inc., dba AT&T Wisconsin, based upon the service address location. OPT-E-MAN service will be offered with guaranteed throughput thresholds based on the service configuration provided to the customer. There are distance limitations with OPT-E-MAN service based on the Network Terminating Equipment owned by the AT&T local phone companies to provide service to the customer. All service designs will need to be verified prior to selling and installing OPT-E-MAN service to ensure correct provisioning and maintenance. Subsidiaries and affiliates of AT&T Inc. provide products and services under the AT&T brand. <<:l2009 AT&T Intellectual Property. All rights reserved. AT&T, the AT&T logo, and all other AT&T marks contained herein are trademarks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks contained herein are the property of their respective owners. The contents ofthis document are unpublished, proprietary, and confidential and may not be copied, disclosed, or used, in whole or in part, without the express written permission of AT&T Intellectual Property or affiliated companies, except to the extent required by law and insofar as is reasonably necessary in order to review and evaluate the information contained herein. Managed Internet Service (MIS) Managed Internet Service is provided by AT&T Corp. Subsidiaries and affiliates of AT&T Inc. provide products and services under the AT&T brand. <<:l2009 AT&T Intellectual Property. All rights reserved. AT&T, the AT&T logo, and all other AT&T marks contained herein are trademarks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks contained herein are the property of their respective owners. The contents of this document are unpublished, proprietary, and confidential and may not be copied, disclosed, or used, in whole or in part, without the express written permission of AT&T Intellectual Property or affiliated companies, except to the extent required by law and insofar as is reasonably necessary in order to review and evaluate the information contained herein. PROPRIETARY: Not to be disclosed or reproduced without written permission 9 ~ at&t AT&T MA Reference No. AGREEMENT Customer AT&T City of La Porte AT&T Corp. 3001 North 23rd Sreet La Porte, TX 77571 USA Customer Contact (for notices) AT&T Contact (for notices) Name: Jeff Suggs 6500 WEST LOOP S Title: IT Director BELLAIRE, TX 3001 North 23rd Sreet 77401 La Porte, TX With a copy to: 77571 AT&T Corp. United States One AT&T Way Telephone: 2814713607 Bedminster, NJ 07921-0752 Fax: ATTN: Master Agreement Support Team Email: suggsj@laportetx.gov Email: mastrcI!att.com Customer (by its authorized representative) AT&T (by its authorized representativel By: By: Name: Name: Title: Title: Date: Date: This Agreement between the customer named above ("Customer") and AT&T Corp. ("AT&T") , is effective when signed by both parties, and continues as long as Services are provided under this Agreement. The terms and conditions of the services and equipment that A T& T provides to Customer under this Agreement ("Services") are found in this document and the following additional documents: (i)Tariffs, Guidebooks and Service Guides found at att.com/service publications; (ii) Pricing Schedules or other attachments now or later attached to this Agreement; (iii) the Acceptable Use Policy ("AUP") found at att.com/aup. AT&T may revise Tariffs, Guidebooks, Service Guides, or the AUP (collectively "Service Publications") at any time, and may direct Customer to websites other than listed above. The order of priority of the documents that form this Agreement is: Pricing Schedules; this Agreement; the AUP; and Tariffs, Guidebooks and Service Guides; provided that, Tariffs will be first in priority in any jurisdiction where existing law or regulation does not permit contract terms to take precedence over inconsistent tariff terms. An A T& T Affiliate or Customer Affiliate may sign a Pricing Schedule referencing this Agreement in its own name and such Affiliate contract will be a separate but associated contract incorporating the terms of this Agreement. Customer and A T& T will have their respective Affiliates comply with this Agreement. An "Affiliate" of a party is an entity that controls, is controlled by, or is under common control with such party. msa_ua_ver_Lrtf Services: A T& T will either provide <;>r arrange to have its Affiliate provide Services to Customer under this Agreement, subject to availability and operational limitations of systems, facilities and equipment. Where required, an AT&T Affiliate authorized by the appropriate regulatory authority will be the service provider. Customer may not resell the Services to third parties (excluding Customer's Affiliates) without A T& T's written consent. Customer will cause Users (anyone who uses or accesses any Service provided to Customer) to comply with this Agreement, and Customer is responsible for their use of any Services, unless expressly provided to the contrary in a Service Publication. If a Service is provided over or accesses the Internet, Customer, its Affiliates, and Users will comply with the AUP. Customer will in a timely manner allow AT&T to access, or at Customer's expense obtain timely access for AT&T to, property (other than public property) and equipment reasonably required to provide the Services. Access includes information and the right to construct, install, repair, maintain, replace and remove access lines and network facilities, and use ancillary equipment space within the building, necessary for Customer's connection to A T& T's network. Customer will furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities, and other items required to perform installation of the Services, and obtain any necessary licenses, permits and consents (including easements and rights-of-way). MSA UA VER I 07/14/2008 AT&T and Customer Confidential Information Page 1 of 4 eeRM ID Customer will ensure that the location at which AT&T installs, maintains or provides Services is a suitable and safe working environment, free of any substance or material that poses an unreasonable risk to health, safety, or property or whose use, transport, storage, handling, disposal, or release is regulated by any law related to pollution, protection of air, water, or soil, or health and safety. If AT&T encounters any such hazardous materials at a Customer location, AT&T may terminate the affected Service, or suspend performance until Customer removes the hazardous materials. AT&T Equipment: Services may include use of certain equipment owned by AT&T that is located at the address in a Pricing Schedule ("AT&T Equipment"), but title to the AT&T Equipment will remain with AT&T. Customer must provide electric power for the AT&T Equipment and keep the AT&T Equipment physically secure and free from liens and encumbrances. Customer will bear the risk of loss or damage (other than ordinary wear and tear) to AT&T Equipment. Prices. Pricinq Schedule Term. and Taxes: Unless a Pricing Schedule states otherwise, the prices listed in a Pricing Schedule are stabilized until the end of the Pricing Schedule Term. No promotion, credit or waiver set forth in a Service Publication will apply unless the Pricing Schedule states otherwise. At the end of a Pricing Schedule Term, Customer will have the option to either: (a) cease using the Service (which will require Customer to take all steps required by AT&T to terminate the Service); or (b) continue using the Service under a month-to-month service arrangement. Unless a Pricing Schedule states otherwise, during any month-to- month service arrangement, the prices, terms and conditions in effect on the last day of the Pricing Schedule Term will continue until changed by A T& Ton 30 days' prior notice to Customer. Prices in the Pricing Schedules are exclusive of, and Customer will pay, all current or future taxes, regulatory surcharges, recovery fees, shipping charges, and other similar charges specified or allowed by any governmental entity relating to the sale, use or provision of the Services. Billinq, Payments, Deposits and MARC: Payment is due 30 days after the invoice date (unless another date is specified in an applicable Tariff or Guidebook) and must refer to the invoice number. Restrictive endorsements or other statements on checks are void. If Customer does not dispute a charge in writing within 6 months after the invoice date, Customer waives the right to dispute the charge (except to the extent applicable law or regulation requires otherwise). AT&T may charge a late fee for overdue payments: (i) for Services contained in a Tariff or Guidebook, at the rate specified therein; or (ii) for all other Services, at the lower of 1.5% per month (18% per annum) or the maximum rate allowed by law; plus (iii) all costs (including attorney fees) of collecting delinquent or dishonored payments. AT&T may require Customer to establish a deposit as a condition of providing Services. Customer authorizes A T& T to investigate Customer's credit and share information about Customer with credit reporting agencies. If the Pricing Schedule includes a MARC, and Customer's annual MARC-Eligible charges (after deducting discounts and credits (other than outage or SLA credits) are less than the MARC in any period, Customer will be billed for the shortfall, and payment will be due 30 days after the invoice date. Termination and Suspension: Either party may terminate this Agreement immediately upon notice if the other party becomes insolvent, ceases operations, is the subject of a bankruptcy petition, or makes an assignment for the benefit of its creditors. AT& T may terminate or suspend a Service, and if the activity implicates the entire Agreement, terminate the entire Agreement, immediately upon notice if Customer: (i) commits a fraud upon AT& T; (ii) utilizes the Service to commit a fraud upon another party; (iii) unlawfully uses the Service; (iv) abuses or misuses A T& Ts network or Service; or (v) interferes with another customer's use of AT&T's network or services. Customer may msa_ua_verJrtf terminate an affected Service for material breach by AT&T, and AT&T may terminate or suspend (and later terminate) an affected Service for material breach by Customer, if such breach is not cured within 30 days of notice. If Customer fails to rectify a violation of the AUP within 5 days after receiving notice from AT&T, then AT&T may suspend or terminate the affected Service. AT&T has the right, however, to suspend or terminate the applicable portion of the Service immediately when: (i) AT&T's suspension or termination is in response to multiple or repeated AUP violations or complaints; (ii) AT&T is acting in response to a court order or governmental notice that certain conduct must be stopped; or (iii) AT&T reasonably determines: (a) that it may be exposed to sanctions, liability, prosecution, or other adverse consequences under applicable law if A T& T were to allow the violation to continue; (b) that such violation may cause harm to or interfere with the integrity or normal operations or security of A T& T's network or networks with which AT&T is interconnected or interfere with another customer's use of AT&T Services or the Internet; or (c) that such violation otherwise presents imminent risk of harm to AT&T or AT&T's customers or their respective employees. Notwithstanding that a Pricing Schedule may commit AT&T to provide a Service to Customer for a Pricing Schedule Term, and unless applicable local law or regulation mandates otherwise, AT&T may discontinue providing a Service upon 12 months' notice, or a Service Component upon 120 days' notice, but only where AT&T generally withdraws the Service or Service Component for similarly-situated customers. If Customer terminates a Service prior to the date Customer's obligation to pay for Services begins, Customer will reimburse A T& T for time and materials, including any third party charges, incurred prior to the effective date of termination. Thereafter, if Customer terminates a Service for Customer's convenience, or AT& T terminates a Service for any of the reasons specified in the first paragraph of this Section, Customer must pay all applicable termination charges: (i) if termination occurs before the end of the Minimum Payment Period (the minimum period specified in Pricing Schedules for which Customer is required to pay recurring charges for the Service), Customer must pay 50% (unless a different percentage is specified in the Pricing Schedule) of the monthly recurring charges for the terminated Service multiplied by the months remaining in the Minimum Payment Period, plus any waived or unpaid non-recurring charges identified in the Pricing Schedule (including, but not limited to, any charges related to a failure to satisfy a Minimum Retention Period), plus any third-party charges incurred by AT&T due to the termination, all of which will be, if applicable, applied to Customer's MARC-Eligible Charges; and (ii) if Customer terminates a Pricing Schedule that has a MARC, Customer must pay an amount equal to 50% of the unsatisfied MARC for the balance of the Pricing Schedule Term, after applying amounts received pursuant to (i). The termination charge set forth in (i) above will not apply if a terminated Service is replaced with an upgraded Service at the same location, but only if (a) the Minimum Payment Period and associated charge for the replacement Service are equal to or greater than the Minimum Payment Period and associated charge for the terminated Service, and (b) the upgrade is not restricted in the Service Publication. In addition, Customer may terminate a Service without incurring termination charges if (a) A T& T revises a Service Publication and the revision has a materially adverse impact upon Customer; (b) Customer gives 30 days' notice of termination to AT&T within 90 days of the date of the revision; and (c) AT&T does not remedy the materially adverse impact prior to the effective date of termination. "Materially adverse impacts" do not include changes to non-stabilized rates, changes required by MSA UA VER I 07/14/2008 AT&T and Customer Confidential Information Page 2 of 4 eCRM ID governmental authority, or changes in additional charges such as surcharges or taxes. Disclaimer of Warranties and Liability: AT&T MAKES NO EXPRESS OR IMPLIED WARRANTY AND DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR THOSE ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. FURTHER, AT&T MAKES NO WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING 911 CALLS), OR WARRANTY REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR LOAD BALANCED, THAT AT&T'S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER'S DATA, OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES RELATING TO: INTEROPERABILlTY, ACCESS TO OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR OTHERS; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR INTERRUPTIONS (EXCEPT FOR LIABILITY FOR SUCH EXPLICITLY SET FORTH HEREIN); ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS); LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER'S OR OTHERS' APPLICATIONS, CONTENT, DATA, NETWORK OR SYSTEMS. Limitation of Liability: AT&T'S ENTIRE LIABILITY, AND CUSTOMER'S EXCLUSIVE REMEDY, FOR DAMAGES ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE SERVICES, AND NOT CAUSED BY CUSTOMER'S NEGLIGENCE, SHALL IN NO EVENT EXCEED THE APPLICABLE CREDITS SPECIFIED IN THE SERVICE PUBLICATION, OR IF NO CREDITS ARE SPECIFIED, AN AMOUNT EQUIVALENT TO THE PROPORTIONATE CHARGE TO CUSTOMER FOR THE PERIOD OF SERVICE DURING WHICH SUCH MISTAKE, OMISSION, INTERRUPTION, DELAY ERROR OR DEFECT IN THE SERVICES OCCURS AND CONTINUES. IN NO EVENT SHALL ANY OTHER LIABILITY ATTACH TO AT&T. THIS LIMITATION WILL NOT APPLY TO: (I) BODILY INJURY, DEATH, OR DAMAGE TO REAL OR TANGIBLE PROPERTY DIRECTLY CAUSED BY AT&T'S NEGLIGENCE; OR (II) SETTLEMENT, DEFENSE OR PAYMENT OBLIGATIONS UNDER THE "THIRD PARTY CLAIMS" PARAGRAPH. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES. These disclaimers and limitations of liability will apply regardless of the form of action, whether in contract, tort, strict liability or otherwise and whether damages were foreseeable. These disclaimers and limitations of liability will survive failure of any exclusive remedies provided in this Agreement. Third Party Claims: AT&T agrees at its expense to defend or settle any claim against Customer, its Affiliates, and its and their employees and directors, and to pay all compensatory damages finally awarded against such parties where the claim alleges that a Service infringes any patent, trademark, copyright, or trade secret, except where the claim arises out of: (i) Customer's or a User's content; (ii) modifications to the Service by Customer or third parties, or combinations of the Service with any services or products not provided by AT&T; (iii) AT&T's adherence to msa_ua_ver_Lrtf Customer's written requirements; or (iv) use of the Service in violation of this Agreement. A T& T may at its option either procure the right for Customer to continue using, or may replace or modify, the alleged infringing Service so that the Service becomes non-infringing, or failing that to terminate the Service without further liability to Customer. Customer agrees at its expense to defend or settle any claim against A T& T, its Affiliates, and its and their employees, directors, subcontractors, and suppliers, and to pay all compensatory damages finally awarded against such parties where: (i) the claim alleges that a Service infringes any patent, trademark, copyright or trade secret, and falls within the exceptions under (i}-(iv) above; or (i1) the claim alleges a breach by Customer, its Affiliates, or Users of a software license agreement governing software provided with the Services. Import/Export Control: Customer, not AT&T, is responsible for complying with import and export control laws, conventions and regulations for all equipment, software, or technical information Customer moves or transmits between countries using the Services. ARBITRATION: ALL CLAIMS OR DISPUTES ARISING FROM THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES (SUBJECT TO THE REQUIREMENTS OF THE FEDERAL ARBITRATION ACT) AND ANY JUDGMENT ON ANY AWARD RENDERED MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN OR INITIATE CLASS ACTIONS; IF THE PARTIES CANNOT WAIVE THESE RIGHTS, THIS ENTIRE SECTION IS NULL AND VOID. General Provisions: This Agreement and any pricing or other proposals are confidential to Customer and AT&T. Neither party may pUblicly disclose any confidential information without the prior written consent of the other, unless authorized by applicable law, regulation or court order. Until directed otherwise by Customer in writing, if AT&T designates a dedicated account representative as Customer's primary contact with AT&T, Customer authorizes that representative to discuss and disclose Customer's customer proprietary network information to any employee or agent of Customer without a need for further authentication or authorization. This Agreement may not be assigned by either party without the prior written consent of the other party, which consent will not be unreasonably withheld or delayed. AT&T may: (i) assign in whole or relevant part its rights and obligations under this Agreement to an Affiliate, or (ii) subcontract work to be performed under this Agreement, but AT&T will in each such case remain financially responsible for the performance of such obligations. Any claim or dispute arising out of this Agreement must be filed within two years after the cause of action arises. This Agreement does not provide any third party (including Users) any remedy, claim, liability, cause of action or other right or privilege. Regulated Services will be govemed by the law and regulations applied by the regulatory commission having jurisdiction over the Services. Otherwise, this Agreement will be governed by the law and regulations of the State set forth above for Customer's address, without regard to its conflict of law principles. This Agreement is limited to Services to be provided in the United States. The United Nations Convention on Contracts for International Sale of Goods will not apply. Except for payment of amounts due, neither party will be liable for any delay, failure in performance, loss or damage due to causes beyond such party's reasonable control. Any notice required or permitted under this Agreement must be in writing MSA UA VER I 07/14/2008 AT&T and Customer Confidential Information Page 3 of 4 eCRM 10 and addressed to the parties at the address set forth above. This Agreement constitutes the entire agreement between the parties concerning the Services provided under this Agreement and supersedes all other written or oral agreements. This Agreement will not be modified or supplemented by any written or oral statements, proposals, service descriptions, or purchase order forms. msa_ua_ver_Lrtf AT&T and Customer Confidential Information Page 4 of 4 MSA UA VER I 07/14/2008 eCRM ID ~ at&t AT&T MA Reference No. CSM091111172450 AT&T Managed Internet Service Pricing Schedule Customer AT&T AT&T Sales Contact D Primary Contact City of La Porte AT&T Corp. NA T ASHA PRATT 6500 WEST LOOP S BELLAIRE, TX 3001 North 23rd Sreet 77401 La Porte, TX Telephone: 7135678508 77571 Fax: 7135678450 USA Email: nI5132@semail.att.com Branch Manager: Susan Caraway Sales Strata: Solutions commercial Sales Region: Southwestern Customer Contact (for notices) AT&T Contact (for notices) AT&T Solution Provider or Representative Information (if applicable) Name: Jeff Suggs 6500 WEST LOOP S Name: Title: IT Director BELLAIRE, TX Company Name: 3001 North 23rd Sreet 77401 La Porte, TX 77571 With a copy to: United States AT&T Corp. Telephone: Telephone: 2814713607 One AT&T Way Fax: Fax: Bedminster, NJ 07921-0752 Email: Email: suggsj@laportetx.gov ATTN: Master Agreement Support Agent Code: Customer Account Number or Team Master Email: mast@att.com Account Number: ricing Schedule is part of the Agreement between A T& T and Customer referenced above. AT&T b its authorized representative) B: I\N) Name: Title: Title: Date: Date: . "//:.::::\/.: 0911 sl0833 1-BU73RE 001.1 RAL# 226833 AT&T and Customer Confidential Information Page 1 of 16 11/12f09 sml eCRM ID ps _ mis _ a "_ no _security- svcs _ 20060528 --9csm. rtf v.05/14/09 AT&T Managed Internet Service - Pricing Schedule AT&T MA Reference No. CSM091111172450 1. SERVICES . AT&T Managed Internet Service . AT&T Private Network Transport (PNT) Service is an option of MIS and can be ordered as an MPLS PNT feature under Tables 28 and 29. . A T& T's Acceptable Use Policy is located at htto://www.att.com/auD or such other A T& T -designated location. 2. PRICING SCHEDULE TERM AND EFFECTIVE DATES Pricing Schedule Term Start Date Term 60 Months Effective Date of this Pricinq Schedule Effective Date of Effective Date of this Pricing Rates and Discounts Schedule 3. MINIMUM PAYMENT PERIOD Portion of Monthly Service Minimum Service Fees Components Payment Period Applicable to Minimum Payment Period 50% All Service Until end of Components Pricing Schedule Term, but not less than 12 months per component 0911 sl0833 1-BU73RE 001.1 RAL# 226833 11/12109 sml AT&T and Customer Confidential Information Page 2 of 16 eCRM ID ps _ mis_all_no _security- svcs _ 20060528 --9csm. rtf v.05/14/09 AT&T Managed Internet Service - Pricing Schedule 4. RATES (US Mainland, HI and Alaskat only) t Service in Alaska requires a separate AT&T Addendum for Service in Alaska. The rates stated in this Pricing Schedule apply to Service locations and/or Service Components in Alaska only in the event that a Service Component and/or Service location is not listed in the Addendum for Service in Alaska. In the event of the conflict between this Pricing Schedule and the Addendum for Service in Alaska, the Addendum for Service in Alaska controls. NOTE 1: MIS wI Managed Router Option 2 available only as described in the Service Guide. NOTE 2: If Customer orders the MPLS PNT feature under Section I, Tables 28 and 29 as part of the MIS service, Customer will be billed for PNT transport and uplifts and all applicable taxes will be stated on the Customer's invoice. NOTE 3: The charges for the Class of Service (CoS) feature set forth in Section I, Table 23 through 25 are waived for Sites at which Customer also maintains AT&T Business Voice over IP (VoIP) Service. (*) = not available with MPLS PNT ICB = available only on an Individual Case Basis. N/A = Not Available AT&T MA Reference No. CSM091111172450 Section I: AT&T Managed Internet Service Access Bandwidth - T bl 1 r d T 1 N T 1 E 1 A d F FI t R t B'II' 0 f a e : lere - X-I, - n rame - a ae I m9 Ipllon Access Speed MIS MIS wI MIS wI Discount Method Monthly Manage Manage Service d Router d Router Fee List Monthly Option 2 Price Service Monthly Fee Service List Fee Price List Price N/A 56/64 $190 $260 N/A N/A Kbos T-1 128 $225 $295 $285 N/A Kbos T-1 256 $280 $350 $340 N/A Kbos T-1 384 $335 $405 $395 N/A Kbos T-1 512 $390 $460 $450 N/A Kbos T-1 768 $410 $480 $470 N/A Kbos T-1 - 1024 $425 $495 $485 N/A Frame* Kbos T-1 T-1 $470 $540 $530 N/A E-1* E-1 $470 $540 N/A N/A 2xT-1 3 Mbps $850 $1 ,145 N/A N/A 3xT-1 4.5 $1,100 $1,395 N/A N/A Mbos 4xT-1 6 Mbps $1,250 $1,545 N/A N/A 5xT-1 7.5 $1,480 $2,360 N/A N/A Mbos 6xT-1 9 Mbps $1,715 $2,595 N/A N/A 7xT-1 10.5 $1,915 $2,795 N/A N/A Mbos 8xT-1 12 $2,190 $3,070 N/A N/A Mbos v.2.3.06 0911 sl0833 1-BU73RE 001.1 RAL# 226833 11/12/09 sml AT&T and Customer Confidential Information Page 3 of 16 eCRM 10 ps _m is_all_no _ securitLsvcs _20060528 -9csm. rtf v.05/14/09 AT&T Managed Internet Service - Pricing Schedule Table 2: Burstable T-1 Discount: : N/A Sustained Undiscounted Undiscounted U ndiscounted Usage MIS Monthly MIS w/Managed MIS w/Managed Service Fee Router Monthly Router Option 2 Service Fee Monthly Service Fee uo to 128kbos $270 $340 $330 128.01 - 256 $340 $410 $400 Kbos 256.01 - 384 $405 $475 $465 Kbos 384.01 - 512 $470 $540 $530 Kbos 512.01 Kbps - $565 $635 $625 1.544 Mbos v.2.3.06 Table 3: DNS Services o tion Additional Primary DNS (available in increments of up to 15 zones with a maximum of 150 Kilob es of zone file data Additional Secondary DNS (available in increments of up to 15 zones with a maximum of 150 Kilob es of zone file data v.07.01.04 Monthl Service Fee $100 per DNS increment $100 per DNS increment Table 4: ATM And Tiered T-3 Discount: N/A Access Speed MIS Monthly MIS MIS w/Managed Method Service Fee wlManaged Router Option List Price Router 2 Monthly Monthly Service Fee Service Fee List Price List Price ATM* 2 Mbps $590 $885 $840 ATM* 3 Mbps $850 $1,145 $1,100 ATM* 4 Mbps $1,075 $1,370 $1,325 ATM* 5 Mbps $1 ,125 $1,420 $1,375 ATM* 6 Mbps $1,250 $1,545 $1,500 ATM* 7 Mbps $1,415 $2,295 $2,000 ATM* 8 Mbps $1,565 $2,445 $2,150 ATM* 9 Mbps $1,715 $2,595 $2,300 ATM*IT-3 10 Mbps $1,840 $2,720 $2,425 ATM*IT-3 15 Mbps $2,465 $3,345 $3,050 ATM*IT-3 20 Mbps $3,090 $3,970 $3,675 ATM*IT-3 25 Mbps $3,725 $4,605 $4,310 ATM*/T-3 30 Mbps $4,350 $5,230 $4,935 ATM*IT-3 35 Mbps $4,990 $5,870 $5,575 ATM*IT-3 40 Mbps $5,615 $6,495 $6,200 T-3 45 Mbps $6,250 $7,130 $6,835 v.2.3.06 AT&T MA Reference No. CSM091111172450 Table 5: Burstable T-3 Discount: N/A Sustained Usage Undiscounted Undiscounted Undiscounted MIS Monthly MIS w/Managed MIS w/Managed Service Fee Router Monthly Router Option 2 Service Fee Monthly Service Fee uo to 6.0 Mbos $1,515 $1 ,81 0 $1,765 6.01 - 7.5 Mbos $1,790 $2,670 $2,375 7.51 - 9.0 Mbos $2,065 $2,945 $2,650 9.01 -10.5 Mbos $2,290 $3,170 $2,875 10.51 -12.0 Mbos $2,515 $3,395 $3,100 12.01 -13.5 Mbos $2,740 $3,620 $3,325 13.51 -15.0 Mbos $2,965 $3,845 $3,550 15.01 -16.5 Mbos $3,150 $4,030 $3,735 16.51 -18.0 Mbos $3,340 $4,220 $3,925 18.01 -19.5 Mbos $3,525 $4,405 $4,110 19.51 - 21.0 Mbos $3,715 $4,595 $4,300 21.01 - 45.0 Mbos $7,515 $8,395 $8,100 v.2.3.06 Table 6: Flexible Bandwidth Billing Option - Burstable T-3 Discount applied to MIS, MIS Incremental Usage Fee w/Managed Router, & MIS w/Managed Discount: N/A Router Option 2: N/A Tiered MIS MIS wI MISw/ Undisco Bandwidth Undiscou Managed Managed unted Minimum nted Router Router Increme Commitment Monthly Undiscou Option 2 ntal Fee nted Undiscount Usage Monthly ed Monthly Fee Fee Fee Per Mbos 2 Mbos $590 $885 $840 $355 3 Mbos $850 $1,145 $1,100 $340 4 Mbos $1,075 $1,370 $1,325 $325 5 Mbos $1,125 $1,420 $1,375 $270 6 Mbos $1,250 $1,545 $1,500 $250 7 Mbos $1,415 $2,295 $2,000 $245 8 Mbos $1,565 $2,445 $2,150 $235 9 Mbos $1,715 $2,595 $2,300 $230 10 Mbos $1,840 $2,720 $2,425 $225 15 Mbos $2,465 $3,345 $3,050 $200 20 Mbos $3,090 $3,970 $3,675 $190 25 Mbos $3,725 $4,605 $4,310 $180 30 Mbos $4,350 $5,230 $4,935 $175 35 Mbos $4,990 $5,870 $5,575 $175 40 Mbos $5,615 $6,495 $6,200 $170 45 Mbos $6,250 $7,130 $6,835 N/A v.2.3.06 0911 s108331-BU73RE 001.1 RAL# 226833 11/12/09 sml AT&T and Customer Confidential Information Page 4 of 16 eCRM 10 ps _ m is _ a"_ no _security- svcs _ 20060528 -.9csm. rtf v.05/14/09 A T& T Managed Internet Service - Pricing Schedule Table 7: MIS Access Redundancy Option (MARO) - Burstable T-1 with Shadow Billing Option Discount: N/A Sustained Usage MIS w/Managed Router MIS w/Managed Router Undiscounted Monthly Option 2 Undiscounted Service Fee Monthlv Service Fee Up to 56 Kbps $170 $160 For MARO Redundant Link Service Only (Shadow Billinal uo to 128kbos $340 $330 128.01 - 256 Kbas $410 $400 256.01 - 384 Kbos $475 $465 384.01 - 512 Kbos $540 $530 512.01 Kbps - $635 $625 1.544 Mbps v.2.20.06 Table 8: MARO Burstable T-3 with Shadow Billing Option Discount: N/A Sustained Usage MIS w/Managed MIS w/Managed Router Router Monthly Option 2 Monthly Service Service Fee Fee Up to 56 Kbps $800 $790 For MARO Redundant Link Service Only (Shadow Billin!:!l uo to 6.0 Mbos $1,810 $1,765 6.01 - 7.5 Mbps $2,670 $2,375 7.51 - 9.0 Mbps $2,945 $2,650 9.01 -10.5 Mbps $3,170 $2,875 10.51 -12.0 Mbps $3,395 $3,100 12.01 -13.5 Mbps $3,620 $3,325 13.51 -15.0 Mbps $3,845 $3,550 15.01 -16.5 Mbos $4,030 $3,735 16.51 -18.0 Mbos $4,220 $3,925 18.01 -19.5 Mbos $4,405 $4,110 19.51 - 21.0 MbDs $4,595 $4,300 21.01 - 45.0 Mbos $8,395 $8,100 v.10.31.05 A T& T MA Reference No. CSM091111172450 Table 9: MARO Features - Monthly Service Fees Option Monthly Service Fee Service List Price Component Discount Alternate Backbone T-1: $500 N/A Node Option - NxT1: additional charges via Private Line, per $500 per T-1 Service Component T3: $5,000 OC-3 $12,000 CPE Redundant T-1:$120 N/A Configuration Option NxT-1: $350 - Per Service T3:$540 Component OC-3: $2,435 Backbone Node $500 per T-1 Redundant N/A Redundancy Option - Link additional charges via $5,000 per T-3 Private Line, per Redundant Link Redundant Link $12,000 per OC-3 Redundant Link Outbound Load T1 & NXT1 :$350 N/A Balancers (2) (Dual Managed T3 & OC3: $875 Customer Routers) v.2.3.06 Table 10: MIS and MARO Features -Installation Fees (ICB Only) Discount. 0 0 % Option Undiscounted Installation Fee List Price MIS, MIS w/Managed Router, & MIS wi Manaaed Router Ootion 2 MARO - Outbound $1000 Load Balancers (2) (Dual Managed Customer Routersl v.2.6.06 0911 sl0833 1-BU73RE 001.1 RAL# 226833 11/12/09 sml AT&T and Customer Confidential Information Page 5 of 16 eCRMID ps _m is_aiL no _security- svcs _ 20060528 _gcsm. rtf v.05/14/09 AT&T Managed Internet Service - Pricing Schedule Table 11: MIS Tele -Installation Discount' 1000% MIS Speed Undiscounted Undiscounted Undiscounted MIS MISw/ MISw/ Managed Managed Router Router Option 2 56 Kbps $1,000 $1,000 $1,000 128 Kbps- $1,000 $1,000 $1,000 1.5 Mbps NxT-1 $2,500 $2,500 $2,500 Tiered/Full $5,000 N/A NfA T-3 Tiered OC- $10,000 N/A N/A 3, OC-12,OC. 48 Ethernet $1,500 $1,500' N/A 10 Gig $10,000 $10,000" $10,000" Ethernet "Available for MIS speeds of 100 Mbps and below and with electrical interfaces only. "" Subject to availability v.10.01.08 Table 12: On-Site Installation Discount: 0.0 % MIS Speed Undiscounted MIS Undiscounted MIS w/ w/ Managed Managed Router Onlv Router Option 2 Onlv 56 Kbps $999 $999 128 Kbps -1.5 Mbos $999 $999 NxT-1 $999 $999 Tiered/Full T-3 $1,000 $1,000 Tiered OC-3, $10,000 OC-12 OC-48 $10,000 Ethernet $1,500 N/A v.11.08.08 AT&T MA Reference No. CSM091111172450 Table 13: ATM and Tiered OC-3 (1GB Only)" Discount: N/A Speed Undiscounted Undiscounted Undiscounted MIS MIS Monthly MIS w/Managed w/Managed Router Service Fee Router Option 2 Monthly Service Monthly Service Fee Fee 2 Mbps $590 $885 $840 3 Mbps $850 $1,145 $1,100 4 Mbps $1,075 $1,370 $1,325 5 Mbps $1,125 $1,420 $1,375 6 Mbps $1,250 $1,545 $1,500 7 Mbps $1,415 $2,295 $2,000 8 Mbps $1,565 $2,445 $2,150 9 Mbps $1,715 $2,595 $2,300 10 Mbps $1,840 $2,720 $2,425 15 Mbps $2,465 $3,345 $3,050 20 Mbps $3,090 $3,970 $3,675 25 Mbps $3,725 $4,605 $4,310 30 Mbps $4,350 $5,230 $4,935 35 Mbps $4,990 $5,870 $5,575 40 Mbps $5,615 $6,495 $6,200 60 Mbos $7,825 $9,005 $8,450 155 Mbps (not available with A TMl $17 ,800 $18,980 $18,425 v.2.3.06 Table 14: Burstable OG-3 (1GB Only) Discount: N/A Sustained Usage Undiscoun Undiscounted Undiscounted MIS tad MIS MIS w/Managed w/Managed Router Monthly Router Monthly Option 2 Monthly Service Service Fee Service Fee Fee Uo to 35.0 Mbos $5,990 $6,870 $6,575 35.01 to 45.0 Mbos $7,515 $8,395 $8,100 45.01 to 55.0 Mbos $8,765 $9,945 $9,390 55.01 to 65.0 Mbos $10,025 $11,205 $10,650 65.01 to 75.0 Mbos $11,290 $12,470 $11,915 75.01 to 85.0 Mbps $12,550 $13,730 $13,175 85.01 to 100.0 Mbos $14,440 $15,620 $15,065 100.01 to 125.0 Mbos $17,590 $18,770 $18,215 125.01 to 155.0 Mbps $21,365 $22,545 $21,990 v.2.3.06 0911 sl0833 1-BU73RE 001.1 RAL# 226833 11/12/09 sml AT&T and Customer Confidential Information Page 6 of 16 eCRM 10 ps _mis _ alLno _security _ svcs _20060528 -9csm. rtf v.05/14/09 AT&T Managed Internet Service - Pricing Schedule Table 15: Flexible Bandwidth Billing Option - Burstable OC-3 (ICB Only) Discount applied to MIS, MIS w/Managed Router, & Incremental MIS wI Managed Router Option 2: N/A Usage Fee Discount: N/A Tiered Undiscou Undiscoun Undiscou Undiscounte Bandwidth nted MIS ted MIS nted MIS dlncremental Minimum Monthly with with Usage Fee Commitme Fee Managed Managed Per Mbps nt Router Router Monthly Option 2 Fee Monthly Fee 35 Mbps $4,990 $5,870 $5,575 $175 40 Mbps $5,615 $6,495 $6,200 $170 45 Mbps $6,250 $7,130 $6,835 $170 60 Mbps $7,825 $9,005 $8,450 $160 70 Mbps $8,875 $10,055 $9,500 $155 80 Mbps $9,925 $11,105 $10,550 $150 90 Mbps $10,975 $12,155 $11,600 $150 100 Mbps $12,025 $13,205 $12,650 $145 120 Mbps $14,125 $15,305 $14,750 $145 144 Mbps $16,225 $17,405 $16,850 $140 155 Mbps $17,800 $18,980 $18,425 N/A v.2.3.06 Table 16: Tiered OC-12 (ICB Only) Discount: N/A Speed Undiscounted Undiscounted MIS w/Managed MIS Monthly Router Service Fee Monthly Service Fee 622 Mbps $50,700 $52,505 v.2.3.06 Table 17: Burstable OC-12 (ICB Only) Discount: N/A Speed Undiscounted Undiscounted MIS MIS Monthly w/Managed Router Service Fee Monthly Service Fee Up to 75.0 Mbps $11,290 $12,470 75.01 to 150.0 Mbps $18,750 $19,930 150.01 to 225.0 Mbps $26,215 $27,395 225.01 to 300.0 Mbps $33,665 $35,470 300.01 to 375.0 Mbps $40,040 $41,845 375.01 to 450.0 Mtms $46,415 $48,220 450.01 to 525.0 Mtms $52,715 $54,520 525.01 to 622.0 Mbps $60,850 $62,655 v.2.3.06 AT&T MA Reference No. CSM091111172450 Table 18: Flexible Bandwidth Billing Option - Burstable OC-12 (ICB Only) Discount applied to MIS & MIS w/Managed Incremental Router: N/A Usage Fee Discount: N/A Tiered Undiscount Undiscounted Undiscounted Bandwidth edMIS MIS with Incremental Minimum Monthly Managed Usage Fee Commitment Fee Router Per Mbps Monthly Fee 70 Mbps $8,875 $10,055 $155 80 Mbps $9,925 $11,105 $150 90 Mbps $10,975 $12,155 $150 100 Mbps $12,025 $13,205 $145 120 Mbps $14,125 $15,305 $145 144 Mbps $16,225 $17,405 $140 155 Mbps $17,800 $18,980 $140 200 Mbps $20,975 $22,780 $130 250 Mbps $24,515 $26,320 $120 300 Mbps $28,050 $29,855 $115 350 Mbps $31,600 $33,405 $110 400 Mbps $35,140 $36,945 $110 450 Mbps $38,675 $40,480 $105 500 Mbps $42,215 $44,020 $105 550 Mbos $45,750 $47,555 $100 600 Mbos $49,290 $51,095 $100 622 Mbos $50,700 $52,505 N/A v.2.3.06 Table 19: Tiered OC-48 (ICB Only) Discount: N/A Speed Undiscounted MIS Undiscounted MIS Monthly Service Fee wlManaged Router Monthlv Service Fee 2.5 Gbps $196,000 $199,055 v.2.3.06 0911510833 1-BU73RE 001.1 RAL# 226833 11/12/09sml AT&T and Customer Confidential Information Page 7 of 16 eCRM 10 ps _ m is_aiL no_security _ svcs _ 20060528....9csm. rtf v.05/14/09 A T& T Managed Internet Service - Pricing Schedule Table 20: Burstable OC-48 (ICB Only) Discount: N/A Sustained Usage Undiscounted Undiscounted MIS MIS Monthly w/Managed Router Monthly Service Fee Service Fee Up to 1250 MbJls $121,500 $124,555 1251 to 1350 Mbps $130,975 $134,030 1351 to 1450 Mbps $140,450 $143,505 1451 to 1550 Mbps $149,925 $152,980 1551 to 1650 Mbps $159,400 $162,455 1651 to 1750 Mbps $168,875 $171,930 1751 to 1850 MQj)s $178,350 $181,405 1851 to 1950 Mbps $187,825 $190,880 1951 to 2050 Mbps $197,300 $200,355 2051 to 2150 Mbps $206,775 $209,830 2151 to 2250 Mbps $216,250 $219,305 2251 to 2350 Mbps $225,725 $228,780 2351 to 2450 MbJls $235,200 $238,255 v.2.3.06 Table 21: Flexible Bandwidth Billing Option - Burstable OC-48 (ICB Only) Discount applied to MIS & MIS w/Managed Incremental Usage Router: N/A Fee Discount: N/A Tiered Undiscoun Undiscounte Undiscounted Bandwidth ted MIS d MIS with Incremental Usage Minimum Monthly Managed Fee Commitmen Fee Router Per Mbps t Monthlv Fee 600 Mbps $49,290 $51,095 $100 622 Mbps $50,700 $52,505 $100 700 Mbps $56,365 $58,170 $100 800 Mbps $63,440 $65,245 $100 1250 Mbps $101,250 $104,305 $100 1550 Mbps $125,000 $128,055 $100 1850 Mbps $148,750 $151,805 $100 2150 Mbps $172,500 $175,555 $100 2450 Mbps $196,000 $199,055 N/A v.2.3.06 A T& T MA Reference No. CSM091111172450 T bl 22 FI 'bl B d 'dth B'II" 0 f Eth a e a: eXI e an WI I mg )p' Ion - erne Discount applied to MIS & MIS w/Managed Incremental Router: 71.0 % Usage Fee Discount: 0.0% Tiered MIS MIS with Undiscounted Bandwidth Undiscounted Managed Incremental Minimum Monthly Router Usage Fee Commitment Fee Undiscounted Per Mbps Monthly Fee 0.5 Mbos $390 $460 $940 1.0 Mbos $425 $495 $510 1.5 Mbps $470 $540 $380 2 Mbps $590 $885 $355 3 Mbps $850 $1,145 $340 4 Mbps $1,075 $1,370 $325 5 Mbps $1,125 $1,420 $270 6 Mbps $1,250 $1,545 $250 7M~s $1,415 $2,295 $245 8 MbJls $1,565 $2,445 $235 9M~s $1,715 $2,595 $230 10 M~s $1,840 $2,720 $225 15 Mbps $2,465 $3,345 $200 20 Mbps $3,090 $3,970 $190 25 Mbps $3,725 $4,605 $180 30 Mbps $4,350 $5,230 $175 35 Mbps $4,990 $5,870 $175 40 Mbps $5,615 $6,495 $170 45 Mbps $6,250 $7,130 $170 50 Mbps $6,770 $7,815 $165 60 Mbps $7,825 $9,005 $160 70 Mbps $8,875 $10,055 $155 75 Mbps $9,410 $10,595 $155 80 Mbps $9,925 $11,105 $150 90 Mbps $10,975 $12,155 $150 100 Mbps $12,025 $13,205 $145 120 Mbps $14,125 $15,305 $145 144 Mbps $16,225 $17,405 $140 150 Mbps $17,065 $18,250 $140 155 Mbps $17,800 $18,980 $140 200 Mbps $20,975 $22,780 $130 250 Mbps $24,515 $26,320 $120 300 Mbps $28,050 $29,855 $115 350 Mbps $31,600 $33,405 $110 400 Mbps $35,140 $36,945 $110 450 Mbps $38,675 $40,480 $105 500 Mbps $42,215 $44,020 $105 550 Mbps $45,750 $47,555 $100 600 Mbos $49,290 $51,095 $100 622 Mbos $50,700 $52,505 $100 700 Mbps $56,365 $58,170 $100 800 Mbps (ICB) $63,440 $65,245 $100 900 Mbps (ICB) $70,875 $73,930 $100 1000 Mbps (ICB) $78,250 $81,305 N/A v.10.01.08 0911 sl0833 1-BU73RE 001.1 RAL# 226833 11/12/09 sml AT&T and Customer Confidential Information Page 8 of 16 eCRM ID ps _ mis_all_no _ secu ritL svcs _20060528 _gcsm. rtf v.05/14/09 AT&T Managed Internet Service - Pricing Schedule Table 22b: Flexible Bandwidth Billing Option - MIS 10 Gig Ethernet Discount applied to MIS: N/A Incremental Usage Fee Discount: N/A Tiered Bandwidth MIS Undiscounted Incremental Minimum Undiscounted Usage Fee Commitment Monthly Per Mbps Fee .5 GbJ.!s $42,215 $84.43 1.0 GbJ.!s $78,250 $78.25 1.5 Gbps $119,625 $79.75 2.0 Gbps $161,000 $80.50 2.5 Gbps $196,000 $80.25 3.0 Gbps $240,000 $80.00 3.5 Gbps $279,125 $79.75 4.0 Gbps $318,000 $79.50 4.5 Gbps $356,625 $79.25 5.0 Gbps $390,000 $78.00 5.5 Gbps $433,125 $78.75 6.0 Gbps $471,000 $78.50 6.5 Gbps $508,625 $78.25 7.0 Gbps $539,000 $77.00 7.5 Gbps $583,125 $77.75 8.0 GbJ.!s $620,000 $77.50 8.5 GbJ.!s $656,625 $77.25 9.0 Gbps $684,000 $76.00 9.5G~ $719,625 $75.75 10.0 Gbps $755,000 $75.50 v.10.01.08 Table 23: Class Of Service Option - Tiered T-1, T-3 and Burstable Service - Monthly Service Fees Discount: N/A Speed Class of Service Monthly Fee - List Price (wI 01 wlout Managed Router, including Managed Router Option 2, exc~ as indicatedl 56 Kbpst $225 128 Kppst $225 256 Kbpst $225 384 Kbpst $225 512 Kbpst $225 768 Kbps $225 1024 Kbps' $225 1.5 Mbps $225 2xT-1 (3 Mbps) $225 3xT-1 (4.5 Mbps) $225 4xT-1 (6 Mbps) $225 5xT-1 (7.5 Mbps) $225 6xT-1 (9 Mbps) $225 7xT-1 (10.5 Mbps) $225 8xT-1 (12 Mbps) $225 AT&T MA Reference No. CSM091111172450 10 Mbps $825 15 Mbps $1,075 20 Mbps $1,325 25 Mbps $1,575 30 Mbps $1,825 35 Mbps $2,100 40 Mbps $2,350 45 Mbps $2,750 155 Mbps; $2,750 (t) no real-time class available (;) unmanaged only v.6.1.06 0911510833 1-BU73RE 001.1 RAL# 226833 11/12/09sml AT&T and Customer Confidential Information Page 9 of 16 eCRM 10 ps _ m is_all_no _security- svcs _20060528 -9csm. rtf v.05/14/09 AT&T Managed Internet Service - Pricing Schedule Table 24: Class Of Service Option - Flexible Bandwidth Billing Option - Monthly Service Fees Discount: N/A Speed Undiscounted MIS wI or w/out Managed Router including Managed Router Option 2 Monthlv Service Fee . Up to 1.5 Mbps $225 2.0 Mbps $285 2.01 - 3.0 Mbps $360 3.01 - 4.0 Mbps $435 4.01 - 5.0 Mbps $510 5.01 - 6.0 Mbps $575 6.01 - 7.0 Mbps $640 7.01 - 8.0 Mbps $705 8.01 - 9.0 Mbps $765 9.01 to 10.0 Mbps $825 10.01 to 15.0 Mbps $1,075 15.01 - 20.0 Mbps $1,325 20.01 - 25.0 Mbps $1,575 25.01 - 30.0 Mbps $1,825 30.01 - 35.0 Mbps $2,100 35.01 - 40.0 Mbps $2,350 40.01 - 45.0 Mbps $2,750 45.01 -155 Mbps $5,000 200 - 250 Mbps $5,400 300 - 350 Mbps $5,800 400 - 600 Mbps $6,200 622 Mbps $7,000 700 - 1000 Mbps $7,800 1.5 Gbps $7,900 2.0 Gbps $8,000 2.5 Gbps $8,100 3.0 Gbps $8,200 3.5 Gbps $8,300 4.0 Gbps $8,400 4.5 Gbps $8,500 5.0 Gbps $8,600 5.5 Gbps $8,700 6.0 Gbps $8,800 6.5 Gbps $8,900 7.0 Gbps $9,000 7.5 Gbps $9,100 8.0 Gbps $9,200 8.5 Gbps $9,300 9.0 Gbps $9,400 9.5 Gbps $9,500 10.0 Gbps $9,600 .Subject to availability v.10.01.08 AT&T MA Reference No. CSM091111172450 Table 25: Class Of Service Option -Installation Fees Discount: N/A Class of Service Undiscounted Installation Fee v.2.3.06 $1,000 Table 26: MIS+NCS Option (ICB Only) Discount: N/A Feature Undiscounted Monthly Service Fee MIS Onlv MIS + NCS Site License Fee /3 vrl $1,200 MIS + NCS Site License Fee /5 vrl $1,050 MIS + NCS Tier 1 Support $100 v.04.29.02 Table 27: MIS + NCS Installation Fees (ICB Only) Discount: 0.0 % Feature Undiscounted Installation Fee List Price MIS MIS + NCS Site $2,500 Preoaration Fee v.2.3.06 0911510833 1-BU73RE 001.1 RAL# 226833 11/12/09sml AT&T and Customer Confidential Information Page 10 of 16 eCRM ID ps _m is _al'-no _security- svcs _ 20060528 -9csm. rtf v.05/14/09 AT&T Managed Internet Service - Pricing Schedule Table 28: MPLS PNT Feature Discount:NIA Access Method Speed Undiscounted Monthly Service Fee MIS, MIS wlManaged Router, and MIS wI Managed Router Ootion 2 Private Line Fractional T-1 Fractional T-1 (56K- (56K - 768Kl** 768Kl** $200 Private Line NxT-1 Private Line NxT-1 (2 throuah 81 (3 Mb s -12 Mbosl $200 Private Line T1 T-1 1.54 Mbosl $200 Private Line T3 2 Mbos Hi-CaD Flex T3 $1,000 Private Line T3 3 Mbos Hi-CaD Flex T3 $1,000 Private Line T3 4 Mbos Hi-Cao Flex T3 $1,000 Private Line T3 5 Mbos Hi-Cao Flex T3 $1,000 Private Line T3 6 Mbos Hi-Cao Flex T3 $1,000 Private Line T3 7 Mbos Hi-Cao Flex T3 $1,000 Private Line T3 8 Mbos Hi-Cao Flex T3 $1,000 Private Line T3 9 Mbos (Hi-Cao Flex T3 $1,000 Private Line T3 10 Mbps (Hi-Cap Flex T31 $1,000 Private Line T3 15 Mbps (Hi Cap Flex T3 or Fractional T31 $1,000 Private Line T3 20 Mbps (Hi-cap Flex T3, or Fractional T31 $2,000 Private Line T3 25 Mbps(Hi-cap Flex T3, or Fractional T31 $2,000 Private Line T3 30 Mbps (Hi-cap Flex T3, or Fractional T3l $2,000 Private Line T3 35 Mbps (Hi-cap Flex T3, or Fractional T3l $2,000 Private Line T3 40 Mbps (Hi-cap Flex T3, or Fractional T31 $2,000 Private Line T3 45 Mbos (Full T3l $2,000 Private Line T3 6-45 Mbps (Burstable T3l $2,000 Private Line OC3 OC-3 (35-155 Mbps) Flat rate, Burstable, or Hi- Cao flex $5,000 Private Line OC-12 (70-622 Mbps) OC12 Flat rate, Hi-Cap Flex, or Burstable $10,000 Private Line OC-48 (600-2500 Mbps) $20,000 OC48 Flat rate, Hi-Cap Flex or Burstable Ethernet 512Kbos -1.5 Mbos $200 Ethernet 2-15Mbos $1,000 Ethernet 15.01 - 45 Mbos $2,000 Ethernet 45.01 - 155 Mbos $5,000 Ethernet 155.01 - 622 Mbps $10,000 Ethernet 622.01 -1000 Mbps $20,000 ** (1024K not available with MPLS PNT) v.10.12.07 AT&T MA Reference No. CSM091111172450 Table 29: MPLS PNT UniLink Feature Discount: NIA Access Method Speed Undiscounted Monthly Service Fee MIS PNT and MIS PNT with ManaQed Router T-1 (1.54 Mbps) Private Line T-1 Burstable T1 $200 2- 45 Mbps (Flat Rate, Hi-Cap Flex or Private Line T-3 Burstable T3) $2,000 OC-3 (35-155 Mbps) Flat rate, Burstable, Private Line OC-3 or Hi-Cao flex $5,000 OC-12 (70-622 Mbps) Flat rate, Hi- Private Line OC- Cap Flex, or 12 Burstable $10,000 Private Line OC- OC-48 $20,000 48 Ethernet 512 Kbps -1.5 $200 Mbos Ethernet 2 - 45 Mbos $2,000 Ethernet 45.01-155 Mbos $5,000 Ethernet 155.01-622 Mbos $10,000 Ethernet 622.01-1000 Mbos $20,000 v.10.12.07 Table 30: MultiCast Monthly Service Fee NIA IMulticast Monthly Service Fee ICB Table 31: MultiCast Installation NIA IMulticast Installation Fee ICB Section II: AT&T Business in a BoxSM Table 1: Service Component Replacement - Next Business Day Shipped (5x8) Monthly Charges Discount. NIA Service ComponenUDevice Undiscounted Monthly Service Charae Base Unit 12 Port $50 Base Unit 24 Port $70 8 Port POE Add-On $30 24 Port POE Add-On $75 8 Port Analoq Module Add-On $35 v.5.14.09 Table 2: On-Site Maintenance (24X7X4) Monthly Charges Discount- NIA Option Undiscounted Monthly Service Charoe Base Unit 12 Port $75 0911 sl0833 1-BU73RE 001.1 RAL# 226833 11/12109 sml AT&T and Customer Confidential Information Page 11 of 16 eCRM ID ps _m is _ all_no _security- svcs _ 20060528 -9csm. rtf v.05/14/09 A T& T Managed Internet Service - Pricing Schedule A T& T MA Reference No. CSM091111172450 Base Unit 24 Port $95 8 Port POE Add-On $35 24 Port POE Add-On $85 8 Port Analog Module Add-On $40 v.5.14.09 Table 3: Life-Cycle Management Charges - Service Charges Discount: NIA Per Site I Per Occurrence Undiscounted Service Charge List during Standard Business Price Hours (Monday- Friday, 8:00 am- 5:00 pm, local time) Move, Addition, Change to $260 Service Delete Service $500 v.5.14.09 Table 4: Class Of Service Option - when ordered with AT&T BVolP Services only Discount: 100% Class of Service Monthly Service Fee v.1.9.09 $225 Section III: Additional Service Fees $1,000 er location Additional $500 per location 0911 sI08331-BU73RE 001.1 RAL# 226833 11/12/09 sml AT&T and Customer Confidential Information Page 12 of 16 eCRM ID ps _ m is _ all_no _ securitLsvCs _20060528 ..9csm. rtf v.05/14/09 ~ at&t Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory in the State of Texas Pursuant to Tariff(s) and/or Guidebook Pricing Schedule to AT&T Agreement Reference No. BillinQ Address (if different) Street Address: City: State: Zip Code: CUSTOMER Contact (for Contract Notices) Name: Jeff Suggs Title: IT Director Telephone: 281-471-3607 Fax: Email: suggsj@laportetx.gov Address for Notices o Same as Cust. Address above 0 Same as Billing Address Address for Notices (if different) Street Address: City: State: Zip Code: AT&T Authorized A ent or Re resentative Information Name: Company Name: Agent Street Address: City: Tele hone: Fax: Email: State: Zip Code: A ent Code For purposes of this Pricing Schedule, AT&T means the Service Provider(s) specifically identified herein. AT&T Sales Contact Information and for Contract Notices ~ Prima Sales Contact Name: Natasha Pratt Title: TSC Telephone: 713-567-8508 Fax: 713-567-8450 Email: nI5132@att.com Street Address: 6500 West Loop South, Zone 5.2 City: Bellaire State: TX Zip Code: 77401 With a copy to: AT&T Corp. One AT&T Way, Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mastatt.com Iicable 0 Prima Sales Contact This Pricing Schedule ("Pricing Schedule") is an attachment to the Agreement between AT&T and Customer referenced above, and is part of the parties' Agreement. The Parties acknowledge and agree that this Pricing Schedule represents individual case pricing that is offered to Customer because of the unique or specialized conditions of the A T& T business services purchased by Customer, and, where required, that this Pricing Schedule will be filed with the state commission with competent jurisdiction over the service offering provided hereunder. Service is provided by the AT&T Incumbent Local Exchange Carrier (ILEC) Affiliate identified below as the Service Provider within its respective service area. References to "Pricing Schedule" refer to this Pricing Schedule and any attachments attached hereto, and referencing this document. L-J By initialing, Customer hereby acknowledges receipt of the AT&T customer building / site preparation document for OPT- E-MAN Service which describes the physical conditions of customer premises that must be made available before Service can be installed. Note: Customer site preparation is a major factor impacting service implementation dates. Service Provider: Southwestern Bell Telephone Company d/b/a AT&T Texas Customer (by its authorized representative) AT&T (by its authorized representative) By: By: Printed or Typed Printed or Typed Name: Name: Title: Title: Date: Date: ICB-PS# 226833 eCRM# 1-BU73RE 810833 111/12/09 CM vs3635 11/12/09 AT&T and Customer Confidential Information Page 1 of 5 8 Telco_Data_(when CA included = 96a) S ICB Telco PS v.10/27/09 ~J at&t Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory in the State of Texas Pursuant to Tariff(s) and/or Guidebook GENERAL TERMS AND CONDITIONS The following terms and conditions apply to the Services subscribed to by Customer under this Pricing Schedule. 1. DEFINITIONS "Cutover" of a Service Component occurs when the Service Component is first provisioned and made available for Customer's use at any single Site pursuant to this Pricing Schedule. "Effective Date" of this Pricing Schedule is the date on which the last party signs this Pricing Schedule, unless a later date is required by regulation or law. "Minimum Payment Period" means, in respect to any Service Component, the minimum period for which Customer is required to pay recurring charges for the Service Component. "Service Component" means an individual component of a Service provided under this Pricing Schedule. 2. GENERAL DESCRIPTION OF SERVICE(S) TO BE PROVISIONED. INSTALLED AND MAINTAINED. The Service(s) described below are provided solely by the AT&T entity or entities identified above and are not jointly provided with any other carrier. Service(s) are provided pursuant to the terms and conditions set forth in the appropriate Tariff(s) and/or Guidebook. The order of priority of the documents that form this agreement is: this Pricing Schedule; the Agreement; and Tariffs and/or Guidebook; provided that, Tariffs will be first in priority in any jurisdiction where existing law or regulation does not permit contract terms to take precedence over inconsistent tariff terms. Service Description OPT-E-MAN@ OPT-E-MAN@ Service. OPT-E-MAN@ Service transparently interconnects two or more Customer locations within a Metropolitan Area Network (MAN) as if they were segments on the same LAN using packet-based switching technologies. OPT-E-MAN@ Service provides dedicated bandwidth from 2 Mbps up to 1 Gbps. The handoff to Customer will be a 10/100 Mbps or 1 Gbps Ethernet interface. Customers may connect any two or more locations together, as long as they are in the same LATA or MAN and OPT-E-MAN@ Service is available. OPT-E-MAN@ Service offers logical point-to-point or point- to-multipoint or multipoint-to-multipoint configurations that support Ethernet-to-Ethernet LAN connections. If Customer connects to the OPT-E-MAN network using a bridge or switch for Layer 2 connectivity, only 50 Media Access Control (MAC) addresses can be used per Layer 2 device, per port. Any additional MAC addresses will be assigned additional charges, with a limit of 100 MAC addresses total per port as set forth in the applicable Tariff or Guidebook. Special Construction Special Construction Charqes (if applicable to this Pricing Schedule and in accordance with the Tariff Charges (certain and/or Guidebook) - required when facilities are not available to meet an order for Service, and A T& T charges that may be must construct facilities that: (1) AT&T has no other requirement for; (2) is furnished by a type of facility, applicable to the or via a route, other than that which AT&T would normally utilize in furnishing the requested service; (3) Service(s) identified requires more facilities than would normally be required to satisfy an order; and/or (4) are requested on above) an expedited basis resulting in added cost to A T& T. Special construction shall remain the property of AT&T. 3. TERM START DATE: PRICING SCHEDULE TERM: MINIMUM PAYMENT PERIOD: PROVISION OF SERVICES AFTER PRICING SCHEDULE TERM Unless otherwise stated herein, the Term Start Date shall begin on the later of (1) Cutover of the first Service Component at the first Customer Site, or (2) the Effective Date or (3) the date of approval of this Pricing Schedule by an appropriate regulatory body, if regulatory approval is required for this Pricing Schedule for the Service(s). The term of this Pricing Schedule shall be sixty (60) months after the Term Start Date ("Pricing Schedule Term"). Unless otherwise stated herein, the Minimum Payment Period for all Service Components included in this Pricing Schedule is sixty (60) months. Rates or discounts under this Pricing Schedule shall be applied on the Term Start Date. Upon the expiration of the Pricing Schedule Term, no rates or discounts rovided under this Pricin Schedule will a I to the Service(s). ICB-PS# 226833 eCRM# 1-BU73RE 510833/11/12/09 CM vs3635 11/12/09 AT&T and Customer Confidential Information Page 2 of 5 5 Telco_Data_(when CA included = 96a) 5 ICB Telco P5 v.10/27/09 ~. at&t Pricing Schedule for ILEC Services Provided Within AT&T's Franchise Territory in the State of Texas Pursuant to Tariff(s) and/or Guidebook Upon expiration of the Pricing Schedule Term, Customer will have the option to either (a) cease using the Service(s) (which will require Customer to take all steps required by AT&T to terminate the Service(s)), or (b) continue using the Service(s) on a month- to-month service arrangement, during which the prices in the Pricing Schedule will automatically be changed to the then-current monthly extension rates (if any) or month-to-month rate specified in the applicable Tariff or Guidebook. After expiration of the Pricing Schedule Term, AT&T may modify rates, terms and conditions applicable to the Service(s) on thirty days' notice. This Pricing Schedule will expire when Service(s) or Service Component(s) are no longer provided under this Pricing Schedule. New Service Component(s) in at least the minimum quantities specified in Section 11.2 must be ordered under this Pricing Schedule with a scheduled installation date not later than six (6) months after the Term Start Date. 4. ADDITIONAL SERVICES. INSTALLATION. ADDS. MOVES AND CHANGES "Add or Upgrade in Service" is defined as: Additional Service(s) or Service Component(s), or upgrade to a higher bandwidth capacity (increase in the Committed Information Rate (CIR)), and/or to a higher Grade of Service, at location(s) listed in Section 12 of this Pricing Schedule. Add or Upgrade in Service permitted under this Pricing Schedule is defined by Service Category in Section 4.1 below and limited to Add or Upgrade in Service within the specified category of Service. If the equipment and facilities (such as outside plant, cable, capacity and memory) are available, Service provided herein as requested by Customer as a Add or Upgrade in Service will (unless otherwise provided below) be at the monthly recurring rates and non-recurring charges as provided in Section 11.2. If the equipment or facilities are not available, special construction charges may apply. For additional Service, Customer will be responsible for payment for the new Service Component(s) in addition to the any Service Component(s) initially or subsequently installed under this Pricing Schedule. For an Upgrade, Customer will be responsible for payment for the Upgraded Service Component(s) in lieu of the charge for the Service Component(s) receiving the Upgrade and the Upgrade will be coterminous with the Minimum Payment Period for the Service Component(s) being Upgraded, but downgrade of any Service Component(s) will result in termination charges as identified elsewhere within this Pricing Schedule. Upgrades may be purchased at any time during the Pricing Schedule Term. Unless otherwise stated herein, for all other installations, adds, moves and changes of any Service Component provided hereunder, Customer will pay the prevailing Tariff or Guidebook recurring and non-recurring charge. If the Service or Service Component is available only under an individual case pricing, then for all other installations, adds, moves and changes of any Service or Service Component provided hereunder Customer will pay AT&T's price for such installation, add, move or change, as determined by AT&T at the time of the installation, add, move or change. For the Service Component(s) listed under the "Quantity New" column in Section 11.2 below, the monthly rate per USOC as provided in Section 11.2 includes the non-recurring charge (or portion thereof) to initially provision and install the new Service(s). 4.1. Add & UDarade CaDabilitv Service Category Add & Upgrade Capability OPT-E-MAN@ Upgrade in the Committed Information Rate (CIR) and/or Grade of Service up to the maximum speed supported by the physical connection and/or available for Service (whichever is lower), at a location listed in Section 12 of this Pricing Schedule is allowed as described in Section 4 above. The rate applied to the upgraded Service Component(s) will be 44% discount off of the Tariff or Guidebook rates then in effect for the higher speed CIR or Grade of Service for the term plan equal to the Pricing Schedule Term, or if no such term plan exists then the next lower term plan. The upgrade rates may not be applicable to Upgrades which require physical changes to AT&T's equipment or connections at the customer premises. 5. PRICING Customer will pay the rates set forth in Section 11.2 below. The rates and charges stated in this Pricing Schedule are stabilized until the end of the Pricing Schedule Term, and apply in lieu of the corresponding rates and charges set forth in the applicable Tariff or Guidebook. No discount, promotion, credit or waiver set forth in a Tariff or Guidebook will apply unless specifically set forth herein, and when set forth herein, such discount, promotion, credit or waiver shall only be applied in the manner set forth in the applicable Tariff or Guidebook. No other discount, promotion, credit or waiver set forth in a Tariff or Guidebook will apply. ICB-PS# 226833 eCRM# 1-BU73RE SI0833 /11/12/09 CM vs3635 11/12/09 AT&T and Customer Confidential Information Page 3 of 5 S Telco_Data_(when CA included = 96a) S ICB Telco PS v.10/27/09 ~ at&t Pricing Schedule for (LEC Services Provided Within AT&T's Franchise Territory in the State of Texas Pursuant to Tariff(s) and/or Guidebook 6. TAXES & OTHER CHARGES- 6.1 Other Rate Elements. Any rate elements not described herein will be subject to the applicable rates and charges outlined in the Tariff(s) or Guidebook(s). 6.2 Additional Charqes and Taxes. Rates set forth in this Pricing Schedule and the Tariff(s) or Guidebook(s) are exclusive of, and Customer will pay, all current and future taxes (excluding those on AT&T's net income), surcharges, recovery fees, end user access charges, and other similar charges (and any associated interest and penalties resulting from Customer's failure to timely pay such taxes or similar charges) relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent Customer provides satisfactory proof of a valid tax exemption prior to the delivery of Services. To the extent Customer is required by law to withhold or deduct any applicable taxes from payments due to AT&T, Customer will use reasonable commercial efforts to minimize any such taxes to the extent allowed by law or treaty, and Customer will furnish A T& T with such evidence as may be required by relevant taxing authorities to establish that such tax has been paid so that AT&T may claim any applicable credit. 7. TERMINATION BEFORE EXPIRATION OF PRICING SCHEDULE TERM (E.G.. TERMINATION FOR CONVENIENCE) 7.1. If Customer cancels Service(s), in whole or in part, for any reason other than default by AT&T, or AT&T terminates for Customer's default, prior to the Cutover Date, the Customer must reimburse AT&T for all expenses incurred in processing this Pricing Schedule and installing the required equipment and facilities completed up to the date of cancellation, and termination liability as provided in this section below shall not apply. 7.2 If Customer terminates a Service or Service Component, in whole or in part, for any reason other than default by AT&T, or AT&T terminates for Customer's default, on or after the Term Start Date but before the scheduled completion of the Pricing Schedule Term or Minimum Payment Period applicable to such Service or Service Component, Customer shall pay a termination liability of an amount equal to (a) all unpaid non-recurring charges (excluding non-recurring charges that were waived or incorporated into the monthly recurring rates), (b) fifty percent (50%) of the recurring monthly charges rate for the terminated Service or Service Component as set forth in this Pricing Schedule, multiplied by the number of months remaining in the Minimum Payment Period applicable to such Service or Service Component at the time of termination, and (c) any unpaid applicable special construction liabilities as specified in Section 7.3. 7.3 In consideration of Customer's commitments under this Pricing Schedule, Customer is receiving an accelerated discount for Special Construction Charges of $37,128.47 ("accelerated discount") and Customer will not be liable for such charges so long as the entire Pricing Schedule Term is completed. If Customer terminates Service(s), in whole or in part, for any reason other than default by AT&T, or AT&T terminates for Customer's default, Customer shall promptly pay to AT&T 100% of a prorated portion of the accelerated discount (accelerated discount divided by the number of months in the Pricing Schedule Term multiplied by the number of months remaining in the Pricing Schedule Term at point of termination) in addition to any other termination charges described herein. 7.4 Unless otherwise stated herein, Service(s) provided under this Pricing Schedule must remain at the location(s) at which the Service(s) are installed for the entire Pricing Schedule Term or the Minimum Payment Period applicable to such Service(s). If Customer fails to maintain the Service(s) provided under this Pricing Schedule at the locations required under the preceding sentence for any reason other than default by AT&T, Customer shall be liable for termination charges calculated in the manner specified in this Section. 8. TARIFFS AND REGULATORY REQUIREMENTS This Pricing Schedule may be subject to the jurisdiction of a regulatory commission and will be subject to changes or modifications as the controlling commission may direct from time to time in the exercise of its jurisdiction. Therefore, for this purpose, this Pricing Schedule will be deemed to be a separate agreement with respect to the Services offered in a particular jurisdiction. A T& T will, subject to the availability and operational limitations of the necessary systems, facilities, and equipment, provide the Services pursuant to the terms and conditions in the Tariff or Guidebook. If approval is required and not obtained, then this Pricing Schedule will immediately terminate, and Customer shall receive a refund of any non-recurring charges paid and pre-paid amounts for Services not received. 9. SPECIAL TERMS AND CONDITIONS 9.1 Texas Terms and Conditions. To the extent this Pricing Schedule relates to regulated Services provided in Texas, Customer acknowledges the possibility of purchasing the Services provided hereunder from other providers. ICB-PS# 226833 eCRM# 1-BU73RE 510833 f 11 f12f09 CM vS363? 11f12f09 AT&T and Customer Confidential Information Page 4 of 5 5 Telco_Data_(when CA included = 96a) 5 ICB Telco P5 v.10/27f09 t: at&t Pricing Schedule for (LEC Services Provided Within AT&T's Franchise Territory in the State of Texas Pursuant to Tariff(s) and/or Guidebook 10. SERVICES AND JURISDICTION CERTIFICATION Customer acknowledges and certifies that the total interstate traffic (including Internet traffic) on the Service(s) constitutes ten percent (10%) or less of the total traffic on the Service. 11. CUSTOMER COMMITMENT AND RATES 11.1. Customer Commitment SERVICE QUANTITY COMMITMENT I AS SPECIFIED IN SECTION 11.2 Customer agrees to purchase the Service(s) identified in Section 11.2 in the quantities identified in Section 11.2 for the duration of the applicable Minimum Payment Period. If Customer does not order at least the specified quantities of each of the New Service Component(s) identified in Section 11.2 below and have them installed pursuant to this Pricing Schedule, AT&T reserves the right to charge a one-time shortfall charge of 50% of the Monthly Recurring Rate for each such Service Component not installed by the end of such time period times the number of months in the applicable Minimum Payment Period. Customer will be billed for the shortfall charge, and payment will be due 30 days after the invoice date. The rates set forth in Section 11.2 below consist of the monthly recurring raters) for the Service Component(s) at the quantities as set forth and described in Section 11.2 below and non-recurring/one-time charges, if listed in Section 11.2. Special Construction Charges of $37,128.47 have not been included in the rates set forth below as customer is receiving an accelerated discount for these Special Construction Charges. Provided that Customer does not terminate Service(s) before expiration of the Pricing Schedule Term, and that AT&T does not terminate for Customer's default, these Special Construction Charges will not be charged to Customer. 11.2 Rates Service Components, Quantities, Monthly Rates Description - Service Components / Quantity Monthly Service USOC New Recurring Rate, each OPT-E-MAN OPT-E-MAN'" Basic Connect 10/100M / 4 $322.00 P9FEX OPT -E-MAN CIR Speed - 100 Mbps (Silver) / R6ELC 1 $784.00 OPT-E-MAN CIR Speed - 50 Mbos (Silver) / R6EHC 1 $686.00 OPT-E-MAN CIR Speed - 5 Mbos (Silver) / R6EAC 2 $364.00 12. SERVICE LOCATIONS 9832 Spencer Hwy. La Porte, TX, NOCILLlCODE 3005 N 23RD Street. La Porte, TX, LAPTTXRLWOO End of Document ICB-PS# 226833 eCRM# 1-BU73RE 510833 /11/12/09 CM vs363511/12/09 AT&T and Customer Confidential Information Page 5 of 5 5 Telco_Data_(when CA included = 96a) 5 ICB Telco PS v.10/27/09 9 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 14,2009 Budl!et Requested By: D. Wilmore Source of Funds: General Funds Department: Planning Account Number: #001-9092-524-6021 Report: X Resolution: Ordinance: X Amount Budgeted: $45,65R 00 Exhibits: List of Tabled Dangerous Buildings Amount Requested: Exhibits: InsDection ReDorts & Condemnation Ordinances Budgeted Item: YES NO Exhibits Photo Presentation SUMMARY & RECOMMENDATION The August 10, 2009 public hearing was continued until October 12,2009 for the structures at 704 So. Holmes and 40 I N. 6th Street. The October 12th public hearing was then continued until December 14, 2009. Subsequent to the first public hearing meeting, legal notices in accordance with Article VIII; Section 82-475 ofthe Code of Ordinances, were provided to the structure owners. While the individuals attended each public hearing and were aware of the continuance granted by Council, staff sent letters reminding them of this meeting. A December 2nd site visit to 704 So. Holmes shows minor progress in the last 60-days. The roof and the front exterior walls are complete but doors & windows are still needed to secure the home and the interior is still gutted. There has been no change to 401 N. 6th Street. The 0\\11er'S representative (Mary Riley) advised staff that as of December 2nd, two California signatures are still needed to complete the affidavit and deed. Ownership transfer cannot occur until the deed is recorded and Harris County assistance cannot be requested without ownership. 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 the Dangerous Building Inspections Board is aware of the circumstances relating to each location, we also see limited progress. On 704 So. Holmes there is a mortgage company involved and there was some progress, so we recommend continuinl! the DubHc hearinl! for a final 60-davs to allow completion ofthe structure. Since the I st goal of securing ownership has not yet been met and that completion time remains unknown, staff recommends condemnation of 401 N. 6th Street. fJ~() ~~ Tabled Substandard Buildings List (Summer 2009 Group) The August 10,2009 and October 12,2009 public hearings were continued by Council until the December 14, 2009 meeting. 1) 704 So. Holmes (Sing1e- family dwelling in a Low Density [R -1 ] zone) HCAD #: #006-111-000-0056 Legal Description: B1k. 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-I] zone) HCAD #: #023-2 10-000-0017 Legal Description: Blk. 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 J. & 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 SERVe: 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 ELECTRICAL: III III SEWER: GAS: IlZI IlZI FACILITIES AVAILABLE: WATER: NO.OF DWELLING UNITS: VACANT: IlZI 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: III I. 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; III 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 of the 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; III 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 INPSECTION FORM 2 6ZI 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; 6ZI 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; 6ZI 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 aU of the following is applicable: 6ZI 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; 6ZI 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; 6ZI 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 WIlli THE CITY'S DANGEROUS BUILDING REGULATIONS. THE 2006 INTERNATIONAL RESIDENTIAL CODE AND lliE 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 lliE DANGEROUS BUILDING INSPECTION BOARD lliAT TI-IIS 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 WIlli WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS lliEN THE OPINION OF lliE 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 BUILIDINGS INPSECTION FORM A = Adequate I. STRUCTURAL A. Foundation I. Slab 2. Pier & Beam a. Footings b. Sills c. Joists Walls I. Exterior 2. Interior Means of Egress I. Doors a. Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof I. Rafters 2. Deck, Shingles E. Ceilings I. Joists 2. Ceiling F. Floors G. Other II. MEHCANICAL SYSTEMS A. Electrical I. Service Entrance & Panel 2. Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing I. 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 2. Condition of Grounds 3. Other Comments: 3 BUILDING EVALUATION CHECKLIST D = Deficient N/ A = Not Applicable COMMENT / EXPLANATION N/A N/A D UNK UNK NOT LEVEL NOT VISIBLE NOT VISIBLE D D FIRE DAMAGED FIRE DAMAGED STUDS D D REMOVED FRONT DOOR MISSING, DOOR HEADER FIRE DAMAGED D D CRACKED BROKEN D D FIRE DAMAGED FIRE DAMAGED D N/A D N/A FIRE DAMAGED REMOVED FIRE DAMAGED N/A D D D D N/A FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED FIRE DAMAGED N/A N/A N/A N/A N/A UNK UNK NOT IN HOUSE NOT IN HOUSE NOT IN HOUSE NOT IN HOUSE NEED TO CHECK FOR FIRE DAMAGE NEED TO CHECK FOR FIRE DAMAGE UNK UNK UNK NEED TO CHECK FOR FIRE DAMAGE UNKNOWN UNKNOWN N/A N/A N/A N/A N/A D N/A WEEDS, DEBRIS Fire Date September 26, 2008 S:\CPShare\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang BuiIdings\DANG BLDG INSP FORM2.doc 02-2004 Rev. ACTION OF CITY COUNCIL On this, the day of , the City Secretary of the 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 ORDINANCE NO. 2009- P Uv bile fk:1 e i V;; 4-0 r e,tr0t ; j\.J Opg/l U n{j } 3 J(o 4 Jiif (to J IJ H (/Jt1 AJ Df c;t vi ~c-( OJ? AN ORDINANCE DECLARING THE BUlLDING(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 BUlLDING(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 BUlLDING(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 BUlLDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUlLDING(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 ofthe 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 1. & Mary C. Gomez, whose address is 704 South Holmes St.: La Porte. TX 77571-5831. and Tim 1. Gomez, whose address is 1026 South 6th St. #16: 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 Addres&) 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; that such hearing was continued for 60 days, to October 12,2009, and on that date the hearing continued for another 60 days, to December 14,2009; WHEREAS, City Counci~ 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 December 14. 2009 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: Ordinance No. 2009- Page 3 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. & MaIy C. Gome~ who resides at 704 South Holmes S1.: La Porte. TX 77571-5831 and Tim 1. Gomez, who resides at 1026 South 6th S1. #16: 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 1. & MaIy C. Gomez have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said Tim 1. & Mary C. Gomez to entirely remove or tear down such building(s), and further orders the said Tim 1. & 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 of this Ordinance, to the record owner( s) of said property, the said Tim 1. & Mary C. Gomez. by registered mail, return receipt requested. Section 8. Should the said Tim 1. & MaIy 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 Ordinance No. 2009- Page 4 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 Tim 1. & 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 ! 1/11- day of {)i@W,~ , 2009. CITY OF LAPORTE By: Mayor fJl!4dtf1IA-~41 Ity Secretary AP~;r~ -r ~ City Attorney ACTION OF CITY COUNCIL On this, the day of " the City Secretary of the 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 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 vm, Section 82-478. CITY OF LA PORTE By: Mayor 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 vm, 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 OTIIER STUFF\Code Enforcement\Dang Buildings\Action by City Council Form.doc City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: JUNE 26. 2009 STREET ADDRESS: 704 S HOLMES HCAD OWNER: TIM J. & 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 STE:M:M:ONS 9TII FLR:DALLAS. TX 75247 TIM J. GOMEZ; 1026 S 6111 # 18. LA PORTE. TX 77571 OTHER: LEGAL: L T 57. TRS 56& 58A. BLK 21. BA YFRONT TO LA PORTE OCCUPANCY TYPE: RESIDENTIAL ZONIN"G: R-l NON-CONFORMING ISSUES: N/A GAS: III 1ZI ELECTRICAL: ~ lZ1 SEWER: F AClLITIES AVAILABLE: WATER: NO.OF DWELLING UNITS: 1 VACANT: o OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF lNSPECTION MADE AN lNSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDlNG 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: o 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; 1ZI 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 of the 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; [;2] 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 INPSECTION FORM 2 21 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; I{] 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 of the following is applicable: I{] 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 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; 21 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 msafety; . EZI 4. Whenever any installation m 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. FINDJNGS AND CONCLUSIONS OF THE BOARD OF JNSPECTION: OPTION # 1. (REPAIRABLE-RESIDENTIAL) IN ACCORDANCE WITH TIffi CITY'S DANGEROUS BUll.,DING REGULATIONS, TIlE 2006 INTERNATIONAL RESIDENTIAL CODE AND TIlE 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 TIffi OPINION OF THE DANGEROUS BUll.,DING INSPECTION BOARD THAT TIllS BUll.,DING IS IN FACT DANGEROUS, BUT STILL PREPAlRABLE. ALL REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WIlli ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT VOMJ>LIED WITH WITIllN TIffi TIMETABLE SET OUT IN ARTICLE Vllr, SECTION 82-478, IT IS THEN THE OPINION OF TIffi BOARD iliA T TIllS BUILDING BE DEMOLISHED. X g cI W:.l1~ BUliDJNG OFFICIAL'S OFFICE ;rfE~L~ OFFICE X tJ .m. ~.a.. FIRE CHIEF'S OFFICE Ob -.Jd'-~7 DATE' L/~~ ( DA o [,!3D/rt DATE DANGEROUS BUILIDINGS INPSECTION FORM 3 1. STRUCTURAL A. Foundation 1. Slab N/ A 2. Pier & Beam a. Footings D b.Sills ~ c. JoUrts ~ 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. MEHCANlCAL SYSTEMS A. Electrical 1. Service Entrance & Panel D 2. Wiring D 3. Lights, Switches D 4. Outlets D 5. Ofucr NM 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 ~ 2. Water Piping ~ 3. Drain, Waste & Vent ~ 4. Sewer/Septic tank ~ 5. Gas System ~ C. Heating & AlC 1. Heating N/ A 2. Air Conditioning N/ A m. PROPERTY CONDmONS 1. Accessory Structures N/ A 2. Condition of Grounds D 3. Oilier Comments: Fire Date September 26: 2008 A = Adequate BUILDING EVALUATION CHECKLIST D = Deficient N/A = Not Applicable COMMENT / EXPLANATION N/A NOT LEVEL NOT VISIBLE NOT VISIBLE FIRE DAMAGED FIRE DAMAGED STUDS REMOVED FRONT DOOR MISSrnG. 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 rn HOUSE NOT rn HOUSE NOT rn HOUSE NOT rn HOUSE NEED TO CHECK FOR FIRE DAMAGE NEED TO CHECK FOR FIRE DAMAGE NEED TO CHECK FOR FIRE DAMAGE UNKl'IOWN UNKl'IOWN N/A N/A N/A WEEDS. DEBRIS S:\CPShare\lNSPECTION DIVISION\AU OTHER STUFF\Code Enforcement\Dang Buildings\DANG BLDG rnsp FORMl.doc 02-2004 Rev. City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: June 26, 2009 STREET ADDRESS: 401 N 6TH ST HCAD OWNER: GEORGE EUGE1\TE RILEY; 904 S KANSAS ST, LA PORTE, TX 77571-5808 DEED OWNER: EUGENIA MAE RILEY C/O 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-I NON-CONFORMING ISSUES: N/A ELECTRICAL: iii iii SEWER: GAS: iii iii FACILITIES AVAILABLE: WATER: NO.OF DWELLING UNITS: VACANT: iii OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE Vlll, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPIN10N, 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: iii I. 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; iii 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 of the 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; iii 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 PAGE2 bZl 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; bZl 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; liZI 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: 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 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; liZI 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; iii 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 WlTH 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 WlTH ALL APPLICABLE CrIY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WlTH WlTHIN 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 L STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a. Footings b. Sills c. Joists B. Walls 1. Exterior 2. Interior Means of Egress I. Doors a. Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof 1. Rafters 2. Deck, Shingles E. Ceilings I. Joists 2. Ceiling F. Floors G. Other n. MEHCANlCAL 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 1. Heating 2. Air Conditioning III. PROPERTY CONDITIONS 1. Accessory Structures ~ 2. Condition of Grounds 1L-- 3. Other Comments: Date of Fire October 12,2005 DANGEROUS BUILDINGS INSPECTIONS FORM A = Adequate PAGE 3 BUILDING EV ALVA nON CHECKLIST o = Deficient N/ A = Not Applicable COMMENT / EXPLANATION UNK UNABLE TO INSPECT ~ ~ ~ N/A N/A N/A UNK . UNK UNABLE TO INSPECT UNABLE TO INSPECT UNK UNK UNABLE TO INSPECT UNABLE TO INSPECT !L- !L- !:L- !:L- FIRE DAMAGE POOR CONDITION UNK !:L- !L- ~ UNABLE TO INSPECT HOLES VISIBLE THRU 1 WINDOW /DOOR N/A 1L-- UNK UNK UNK ~ NO DEAD FRONT; 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 02.2004 Rev S:\CPSharc\1NSPECTION DIVlSIONv\LL OTHER STUFF\Codc Enforccmcnt\Dang Buildings\DANG BLDG INSP FORM2.doc ACTION OF CITY COUNCIL On this, the day of , the City Secretary of the 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 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 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 Enforeement\Dang Buildings\Aetion by City Council Form.doc ORDINANCE NO. 2009- Pu b/I'L Hear/ilq '-fo remat'/\ D~~ Hem YJo-f ac/ed ov 31G{) AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 91: 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 Ril~. 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 TIllS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF TIllS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COpy OF TIllS 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 Blk 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 mai~ 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; that such hearing was continued for 60 days, to October 12,2009, and on that date the hearing continued for another 60 days, to December 14,2009 WHEREAS, City Counci~ 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 December 14. 2009 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: On:tinance No. 2009- Page 3 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 S1.: La Porte. TX 77571-5808 and Eugenia Mae Riley clo George Eugene Riley, who resides at 904 S Kansas S1.: 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 clo 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 clo George Eugene Riley to entirely remove or tear down such building(s), and further orders the said George Eugene Riley and Eugenia Mae Riley clo 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 clo 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: ATTEST: Mayor City Secretary APu: ~T~ City Attorney ACTION OF CITY COUNCIL On this, the day of " the City Secretary of the 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 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 vrn, 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 DNISION\ALL OTIffiR STUFF\Code EnforcementIDang BuildingS\ACtiOD by City COWlell Form.doc City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: June 26. 2009 STREET ADDRESS: 401 N 61E ST HCAD OWNER.: GEORGE EUGENE RILEY: 904 SKANSAS ST. LA PORTE. TX 77571-5808 DEED OWNER.: GEORGE RILEY C/O EUGENIA MAE RILEY: 904 S KANSAS ST. LA PORTE. TX 77571-5808 LEGAL: LOTS 17. 18. BLK 91: LA PORTE OCCUPANCY TYPE: RESIDENTAL ZONING: R-1 NON-CONFORMING ISSUES: N/A ELECTRICAL: o Ell SEWER: GAS: o o FACILITIES A V AlLABLE: WATER: NO.OF DWELLING UNITS: 1 VACANT: o OCCUPIED: AS REQUIRED rn TIlE CITY'S CODE OF ORDrnANCE, CHAPTER 82; ARTICLE vm, THE BOARD OF rnSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED TIffi BUILDrnG LOCATED THEREON, IN THEIR OPINION, IS rn FACT A DANGEROUS BUILDrnG, FOR TIffi 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: o 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; IZJ 2. Whenever any portion thereofhas been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the s1ructural 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 thereot: because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its fD1mdation, or (e) any other cause, is likely to partially or completely collapse; [;2J 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 BllILDlNGS INSl'ECDONS FORM PAGE 2 o 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; Ii] 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 structIrre, 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 of the 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 mainterui.nce, which in relation to existing use constitutes a hazard to life, health, property or safety; o 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. FJNDJNGS AND CONCLUSIONS OF TIm BOARD OF INSPECTION: SELECT OPTION #: 1. (REPAIRABLE-RESIDENTIAL) IN ACCORDANCE WITII 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 TIlE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD TIIAT 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 WITII WITIDN TIlE TIMETABLE SET OUT IN ARTICLE VIII.. SECTION 82-478. IT IS TIffiN THE OPINJON OF THE BOARD THAT TIllS BUILDING BE DEMOLISHED. xQ-~ ~)~ BUlLDJNG OFFICIAL'S OFFICE C' (::J CT -0 ,9 DATE ~dL~ MARsHAL'S OFFICE &/bla>s ( ATE x LJ.m, 00~ FIRE CHIEF'S OFFICE O&/3~/", DATE . ' . DANGEROUS BUILDINGS INSPECTIONS FORM A = Adequate D = Deficient BUlLDING EVALUATION CHECKLIST PAGE 3 UNK N/A N/A N/A UNK UNK UNK UNK A- A- IL-- IL-- UNK IL-- A- N/A ~ UNK UNK UNK NlA UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK UNK N/A = Not Applicable COMMENT / EXPLANATION UNABLE TO WSPECT N/A NlA N/A UNABLE TO WSPECT UNABLE TO WSPECT UNABLE TO WSPECT UNABLE TO WSPECT FIRE DAMAGE POOR CONDmON UNABLE TO WSPECT HOLES VISIBLE THRU 1 WlNDOw!DOOR N/A NO DEADFRONT: BROKEN CONDUIT UNABLE TO WSPECT UNABLE TO INSPECT UNABLE TO INSPECT N/A UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT N/A WEEDS, DEBRIS & DOWNED TREE L STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a. Footings b.Sills c. Joists B. Walls 1. Exterior 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 1. Heating 2. Air Conditioning Ill. PROPERTY CONDmONS 1. Accessory Structures NI A 2. Condition of Grounds ~ 3. Other Comments: Date of Fire October 12, 2005 S..\Cl'Shzrc\lNSPEC!10N DIVISJDNIALL onIER.S1UFFICado~ BmldiDplDANG llI.DG INS!' FORM2..dac: 02.,2[JD4 Rev. UPDATE ON STRUCTURES TABLED AT THE AUGUST 10} 2009 PU BLIC HEARl NG 704 SOUTH HOLMES BEFORE ORIGINAL PUBLIC HEARING 704 S HOLMES OCTOBER 12} 2009 704 S HOLMES CURRENT STATUS 12-2-09 401 NORTH 6TH ST BEFORE ORIGINAL PUBLIC HEARING 401 NORTH 6TH ST CURRENT STATUS -,I 10 A REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 14.2009 Bud!!:et Requested By: Tim Tietjens Source of Funds: N/A Department: Planning Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Sylvan Beach Plan Proposal Amount Requested: Exhibits: Budgeted Item: YES NO_ Exhibits SUMMARY & RECOMMENDATION In accordance with the City Economic Development Strategic Plan, the La Porte Development Corporation recently approved a proposal to engage Gateway Planning Group, Inc. for the development of a proposed Sylvan Beach District Plan. The project lead, Scott Polikov, will lead a workshop to discuss the plan and its components. Ilfo f9 ~ o u July 28, 2009 Mr. John Joern Assistant City Manager Mr. Tim Tietjens Planning Director City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Re: Downtown Plan, Code and Sylvan Beach Implementation Initiative OJ 0\ o " Dear Messrs. Joerns and Tietjens: If) ~t We appreciated the opportunity to serve on the Avalanche Consulting Team for the Economic Development Plan. Knowing that a vital downtown is a center piece of the new economic development strategy, we are proposing a downtown planning initiative as requested. This initiative includes harnessing the redevelopment of Sylvan Beach by leveraging the County's park strategy, as well as activating and connecting the key corridors identified in the initial economic development plan to link not only historic Main Street but also the retail opportunities down Fairmont and across the highway to the west. N ,..., If) N o rl \.D N "1 rv x ill I- ....., I- o LL. We propose in this implementation initiative to not only develop a detailed building and block plan to pull together the development opportunities for a walkable mixed use downtown; but also to once again reactivate Sylvan Beach as a regional draw fully integrated into downtown and not just as an isolated recreation park. The key will be to translate a detailed mixed use plan into a prioritized capital program through the utilization of a new form-based code and an infrastructure phasing program. The detailed scope and budget below sets forth the tasks to accomplish this work plan. <.D o ill ill := :::; en CJ > <( Jon Hockenyos of TXP will remain involved with this new phase of work. His involvement will facilitate the translation of this implementation initiative back into the ED Plan. This will enable the most efficient use of the City's fiscal capacity for needed infrastructure improvements to implement the downtown plan. :':::! E E ~ lf1 M o You and your colleagues are familiar with me, but you are not with the remainder of our planning team that will join the effort: Jay Narayana, Senior Planner-Jay joined Gateway Planning after serving as chief planner for Southlake, Texas. There, she oversaw the second phase development of Town Square, one of the most successful new downtowns anchored by retail and a new city hall. With her MBA in real estate, Jay also understands the critical needs of project investment as phasing and use evolution are considered to position downtown environments for sustained investment. Milosav, Cekic, Senior Urban Designer-a Fulbright Scholar, former Chairman of the Austin Design Commission, UT Faculty Member and former Town Architect from Nis, Serbia, Milosav served for more than 20 years as the architect of record for the San Antonio Shoe (SAS) Company. His retail experience in urban design and architecture as well as his urban park planning has made him invaluable to the Gateway Planning design process. He is practical yet creative in integrating entertainment, parks and urban living. www.gatewayplanning.com Michael Huston, Urban Designer-delivering functional mixed use became a love for Mike as he moved from the Louisville, Kentucky Downtown Redevelopment Authority to the design team for Glassworks, Downtown Louisville's most successful downtown adaptive reuse project. Michael focuses on linking the building, its program and the public spaces around it to embrace the cultural and historical precedents of a community. Downtown Owensboro, KY Redevelopment Plan linking downtown to new waterfront Park In addition to the scope and budget provided below, we have provided some select examples of our work pertinent to the Downtown La Porte initiative. We look forward to using this experience to build on the ED Plan repositioning Downtown La Porte as one of the premier destinations in the Greater Houston Region. If we may provide additional information, please let us know. Once you have reviewed the scope and budget, I am happy to meet to finalize scope details. Again, we appreciate the opportunity to serve you and the La Porte Community. Sincerely, ~ Scott Polikov Attachments Page 2 Task Sub Tot. 1. Assessment of existing conditions, parking, buildings and land uses; preparation of basemap and 1-day Kick off meeting w/city and county to program shared opportunities with sylvan beach and other key planning elements $12,875 2. Market Analysis for buildout potential to support design process $14,375 3. Transportation traffic and street design assessment of West Main, Broadway, Farimont and San Jacinto (4 corridors) $10,750 4. 2-day Design charrette for the 4 corridors as well as integrated Sylvan Beach mixed use development approach $31,000 5. Draft Master Plan for 4 corridors and ingegrated Sylvan Beach at Building Scale for 4 Corridors and Sylvan Beach; Three (3) perspective renderings; and Master Plan Report including recommendation on conceptual transportation design recommendations and refinements to the Economic Development Plan (finalized before code) $36,875 6. 1-Day workshop with City and County to determine final revisions for Master Plan, CIP Priorities for implementation, governance needs and initial structure of new code $6,250 7. Final Revised Master Plan (only 1 revision included; additional revisions priced on hourly basis) $4,175 8. Preparation for and facilitation of Joint worksession-- Council and P&Z to review master plan and code implementation strategy $7,500 9. Draft form-based Code to implement plan for 4-corridors and Sylvan Beach Mixed Use Plan $22,250 10. Preparation for and facilitation of Community Meeting to review draft form-based code $5,250 11. Revise form-based Code based on community input $2,550 12. Preparation for and facilitation of Planning Commission Meetings for Code Adoption and rezoning (2 meetings included; additional meetings priced on an hourly basis) $7,625 13. Preparation for and facilitation of City Council Meetings for Code Adoption and rezoning (2 meetings included; additional meetings priced on an hourly basis) $7,625 labor Total (not including reimbursable expenses) $169,100 Page 3 :3) ro 3 v ~ ro tr'\ U In the fall of 2007, the residents of Owensboro identified downtown revitalization as an important commwlity priority. Tlus provided the impetus for a comprehensive downtown planning initiative lead by the Gateway Planning Team. Working with partners TXP and Kimley-Horn and Associates, the Gateway Planning Team "eventually produced a plan that not only will work, but also stirs the imagination and creates excitement." (T\fessenger- Inquirer Editorial, February 7,2009) Bringing the \X'aterfront into the lustoric downtown became the critical focus. In addition, reinventing the design of major roadway corridors, linking downtown with other parts of downtown, created additional opportilllities. One of these corridors emerged as a candidate for a Regional Streetcar Une. Downtown Placemaking Initiative, Owensboro, Kentucky ....1IF..~~~1.-.N_....~;;; '''8' __._"_ , _'~..._..' -=e::- ::;:i:.'::"...-; .. =--":::............ MESSENGER-INQUIRER Based on extensive stakeholder input, analysis of existing conditions, focused public participation events, and buy-in from elected officials, the team developed a market-based master plan and a comprehensive package of catalyst projects to jump start downtown revitalization. The package of catalyst projects was based on strengthening existing destinations and planned improvements v.ritbin downtown while taking advantage of the community's roots - the Ohio River. Public Process The Gateway Team's public participation approach built on the successful "America Speaks - We the People" community involvement framework already in place. Public participation during this initiative was carefully structured to provide appropriate community input throughout the process. Maximum public input was collected at the outset with detailed meetings ",rith key stakeholders and the project steering comnUttee. The input received duting this phase of the initiative was used to identify issues, commwlity priorities, opportunities, and key aspects of the plan. The Community Design Workshop provided for more open public feedback on dle physical master plan for downtown as it was being developed. Finally, a Commwlity Validation meeting was held to present d'le final illustrative master plan and the package of catalyst projects. Community support for this initiative has never been stronger with public momentum building up for the upcoming phase of implementation. Master Plan and Form-Based Code The final Master Plan will provide an overall urban design framework within which the commwlity can come togeilier and reassess priorities and itutiatives as market conditions evolve. Facilitating rezoning, ilie Master Plan will be implemented by a form-based code. TIus will enable Downtown Owensboro to once agaitl be a linked collection of urban neighborhoods, each wiili its own development and activity focus. \X'idl several large-scale redevelopment opportunities, the Master Plan provides ilie community flexibility in evaluating a variety of redevelopment options. DOWNTOWN OWENSBOIlO --- ......,... ..:-.- --.'" .,...- ~-- ---- --- -!"J--- --- Focus on Implementation Wiili a strong focus on a practical but ambitious plan, ilie Design Team recommended a core set of catalyst projects that built on the e.xisting commwlity assets. In addition to providing order-of-magnitude cost estimates, ilie Design Team identified financial strategies to fund these initial projects. With tremendous public support and ownership, the City and County approved the Master Plan and approximately $100 million to fund ilie infrastructure for the catalyst projects in February 2009. Despite the tough econonUc times, the elected officials saw this as an incredible opportunity to invest in Owensboro's future. \X'ith tlus bold undertaking, ilie community, for the first time, is taking control of its downtown destiny. Currendy, Gateway Planning is managing dle implementation of the catalyst projects includitlg a new convention center hotel on the \X'aterfront as well as a new market plaza to anchor ilie hotel with the \'iV'aterfront and ilie historic second street corridor. :3) co ~ v ~ co \J Downtown McKinney, Redevelopment and TOD Initiative The new Town Center Master Plan is McKinney Texas' V1.sion for the future of its central neighborhoods and historic center. The Plan is also the roadmap for redevelopment, preservation, and future growth, including transit oriented development (TOO) to connect into the Rail North Texas System. An extension of the City of McKinney's 2004 Comprehensive Plan, the plan provides a community-based strategy for sustaining the vibrancy of the heart of McKinney. MeGnn.. town Centw ....., ftall '1IIit:" ~ Linking the Master Plan Phase 1 of the planning process was inclusive, not simply allm.ving for, but actively soliciting public input through each part of the process. As a result, dle process captured valuable public input while still capitalizing on dle professional expertise of City Officials and dle Gateway PlalU1ing Team hired to lead me process. The results of dle stakeholdcrprocess provide key linkages to neighborhoods and devvelopments surrounding me future TOO adjacent to dle historic downtown. Implementation After the City Council adopted the master plan, the Gateway Planning Team (Gateway Planning, Kinlley Horn and TXP) was engaged to position downtown, including the future TOO, with a critical mass of neighborhood linkages for investment in new businesses. To this end, the Gateway Team is assessing market demand; developing a detailed form- based code and design framework to inlplement llie master plan. In addition, the team is locating and programming the first public structured parking garage as identified in the Phase 1 Plan. The parking garage initiative is part of a comprehensive parking plan that will be finalized in concert willi the market analysis and code reforms to ensure an effective leveraging of existing assets and new investment in downtown. :3) ro 3 v ~ ro . r-1 U Duncanville, Texas, seeks to reinvent its J\1ain Street ulto a true rnL'{ed use destination. Main Street anchors histonc retail and the center of city government, but has lacked sustained growth for many years. ' ~ Located just @-- I south of I Dallas on IH20 and a future commuter rail transit line, Downtown Duncanville has initiated an economic development strategy to grow a market for downtown housing, higher quality retail, additional upscale restaurants and eventually substantial professional office users. The key to sustained success will be the attraction of young professionals and empty- nesters to live in Duncanville as a complement to the great family environment well established in the community. City of DuncanviUe Downtown TOD Plan and Initiative r!:1 =:=-.:: ~ _ow 4.~~I-!f I~ ~. ."",- ~ , I I I ,.,.,,1 -41 :l.u~fi"!ifl Ii.:.. ~..~ 1_, .... - .-: I ~=._._-=-..- I i i I i I , lm..llVli'oiiij,C~' I ~~'= I 1 .I .= -.. ~= UH'X'.~'",,'iui. '''m''~'e- Gateway Planning Group, TXP and Kimley Horn were retained in order to assist the city in this mission. The initiative entailed facilitation of a community committee for input, and the development of a detailed redevelopment master plan, including the conceptual design of transit-oriented development (rOD) around the likely future location of a commuter rail station at Center and Main Streets. The master plan delineates areas for enhancement and likely locations for substantial redevelopment. The master plan includes a redesign of Main Street, with a better functioning traffic, improved on-street parking and a pedestrian- supportive streetscape. The master plan is being implemented through a regulating plan and a form-based zoning district prescribing urban design standards, while allowing \vide latitude of appropriate downtown uses with the increased tax base projections from the initiative, the city has retained Kimley Horn and Gateway Planning to redesign and reconstruct Main Street to implement the TaD vision. '!!':; @ .:=-~ t..... ~._~_ ~_' .. ~ ~::u~~~ "",-.,;,.~ .j..-~ ''''''''':::::.., "'-~j City of EI Paso Downtown Plan Phase II (Implementation) \X1orking with our economist, Texas Perspectives (TXP), the Gateway Planning Team developed the second phase of the City of El Paso's Downtown Plan. The Phase IT Plan focused on refinement and implementation of the Downtown 2015 Plan. It provides the implementation pathway to assist City Council, the TIRZ rrax Increment Financing) Board, and city staff in implementing the plan successfully One of the keys to successful implementation of the Downtown Plan is the creation of a cohesive management structure. Such a management structure should be sustainable, adaptive and facilitative of public-private partnerships. The Gateway Planning Team recommends a new management framework through the creation of a new Downtown Management Coordinating Entity that would coordinate development projects, public services, and events. The Phase IT plan recommends discrete action items to work towards realizing the vision established in the Downtown 2015 Plan. Based on the catalyst projects moving forward, the Team establishes critical pedestrian linkages required within downtown to take advantage of emerging project which include new mixed use and rehabilitation of existing buildings. Investment in streetscape improvements will be undertaken in the context of this Linkages Plan in conjunction with projects as they come on line. ""'-....;: '!'- ~ -- --a\ ;- aJ: ~~l - ,...., _~ll:. I __.. . ~ ~ i~...n\ . l.~, In addition, the Phase 11 plan recommends the use of public art to better coordinate art-related activities and develop a cohesive streetscape plan with amenities designed by local artists. The plan also recommends pedestrian and streetscape improvements that focus on linking wayfinding and public art with transit amenities such as bus shelters, bike racks, and transit sil,,>11age to support Sun Metro's Downtown Trolley Circulator. The most critical aspect of implementation provides the city and the TIRZ board criteria to evaluate different projects requesting public incentives and funding of public infrastructure improvements. To this end, the plan recommends higher priority to projects that promote downtown living, linkages to .("'~ ~::~~ p::fectssyn~:~j~:ts ~~:~ leverage private funds as well as that promote the cultural arts will also be given priority. Based on this criteria and project impact, development projects will be classified as "Site-Specific Private" projects or "Public" projects. "Site-Specific" projects are generally smaller in scope, affecting one or two property owners and public participation would be in the form of regulatory reform or refunding for public infrastructure improvements; while "Public" projects are larger in scope, often reqU1:rtng the city's 1l1itiative for successful implementation. Tnese generally include larger streetscape projects, streets, open space, and plazas. In addition to generating "order of mat,>nitude" costs for critical strectscape linkages, the Phase 11 Plan also updates the TIRZ projections, providing the TIRZ Board with the public sector's capacity to support downtown redevelopment. www.gatewayplanning.com G~~~~~'y PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is entered into as of August 25, 2009 (the "Effective Date"), by and between GATEWAY PLANNING GROUP, INC. ("Contractor"),located at 101 Summit Ave. Suite 606, Fort Worth. Texas 76102 and the CITY OF LA PORTE DEVELOPMENT CORPORATION. ("Client"), located at 604 Fairmont Parkway, La Porte, Texas 77571 phone 281.471.5020; Attn: John Joerns, Asst. City Manager I. ENGAGEMENT. Client hereby retains Contractor and Contractor hereby accepts engagement from Client to provide services set forth in the tasks delineated on Schedule ".", attached hereto (the "Services") for the development of a Master Plan and Code for the Sylvan Beach District. 2. COMPENSATION. Client shall pay Contractor a fixed fee of $169,100.00 based on the tasks in Schedule ".", plus reimbursable expenses not to exceed $16,910.00, including, without limitation, travel, lodging, reprographics, facilities rental, workshop supplies, and plotting. Specific allocations, deductions or credits affecting the compensation to Contract must be detailed in writing on Schedule "I" and established at the outset of the engagement contemplated herein. Contractor shall invoice client on a monthly basis pursuant to a percentage completion of the tasks delineated in Schedule "I", along with reimbursable expenses incurred to date. All invoices shall be due upon presentation and payable within twenty (20) business days. Any local, state or federal taxes applicable to any of the services provided by Contractor shall be added to the amount due. All other services undertaken by Contractor and authorized by Client in writing beyond those specified in Schedule "." shall be compensated at the rate of $300.00 per hour for principals, $225.00 per hour for senior designers and planners, $175.00 per hour for designers and planners, and $105.00 per hour for professional support staff, unless other arrangements are made by mutual agreement. Contractor may sub-contract any portion of the Services set forth on Schedule "I"; provided, however, any increase in fees or compensation due to the use of such sub- contracted services shall be approved in writing and signed by Client. 3. PROFESSIONAL STANDARDS. Contractor shall be responsible, to the level of competency presently maintained by other practicing professionals in the same type of work in Client's community, for the professional and technical soundness, accuracy, and adequacy of the work furnished under this Agreement. 4. TERMINATION. Either Client or Contractor may terminate this Agreement by giving 30 days written notice to the other party. In such event, Client shall forthwith pay Contractor in full for all work previously authorized and performed prior to the effective date of termination. If no notice of termination is given, relationships and obligations created by this Agreement shall be terminated upon completion of all applicable requirements of this Agreement. 5. ACCESS TO RECORDS and WORKPRODUCT. Contractor agrees that Client shall, until expiration of one (I) year after final payment by Client to Contractor, have access to and the right to examine and photocopy directly pertinent documents, papers and records of Contractor involving transactions relating to this Agreement. Upon forty-eight (48) hours notice, Contractor shall give Client access during normal working hours to all necessary facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. Contractor at all times shall retain co- ownership of all final work product resulting from this Agreement and may utilize it for any purposes including, without limitation, marketing. Contractor shall retain sole ownership of source files, digital files, drafts and working documents for all work product. If Contractor displays contractor's logo or copyright designation on any draft or final workproduct provided to Client, Client shall continue to utilize and display on the workproduct that logo or copyright designation if the workproduct is reproduced, used, disseminated or displayed publicly or disseminated to any third party unless other arrangements have been made by mutual agreement. Contractor reserves the right to enforce its copyright through all legal means including common law, statutory and equitable remedies. 6. INSURANCE. During the term of this Agreement, Contractor shall keep in force General Liability and Professional Liability Insurance coverage up to $1,000,000.00 per occurrence and $1,000,000.00 in aggregate total coverage, respectively. 7. ENTIRE AGREEMENT! MODIFICATION. This Agreement, including Schedule "I", attached, is the entire agreement between the parties and supersedes all prior negotiations, agreements and understanding relating to the subject matter of this Agreement. This Agreement may only be modified or amended in writing. Email communication constitutes a writing. PROFESSIONAL SERVICES AGREEMENT Page 1 8. ASSIGNMENT. Client understands that it may not assign this Agreement or its rights hereunder, or delegate any or all of its duties under this Agreement without written authorization from Contractor. Except for the use of sub-contractors to perform services, Contractor understands that it may not assign this Agreement or its rights hereunder, without written authorization from Client. 9. LEGAL EXPENSES. In the event that legal action is taken by either party to enforce any rights or remedies under this Agreement, it is hereby agreed that the successful or prevailing party shall be entitled to receive any costs, disbursements and reasonable attorney's fees. 10. SEVERABILITY. In the event that anyone or more of the provisions contained in this Agreement shall be held invalid, illegal or unenforceable in any respect, this Agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, and the enforceability of the remaining provisions contained herein shall not be impaired thereby. II. BINDING EFFECT. The parties to this Agreement further agree that the promises, covenants, and conditions herein shall be binding upon the parties to this Agreement, their heirs, assigns, successors, administrators, and representatives forever. GI~I~~~.Y 12. INDEMNIFICATION AND HOLD HARMLESS. Each party agrees to indemnify and hold the other party, its heirs, assigns, successors, administrators, and representatives harmless of and from any and all claims, actions, liabilities, losses, damages, suits or causes of action brought by any third party, person or entity as a result of any incident, event or occurrence giving rise to such claims, to the extent such claims, actions, liabilities, losses, damages, suits or causes of action are caused by any negligent act, error or omission of the indemnifying party or any person or organization for whom indemnifying party is legally liable. 13. LIMITATION OF LIABILITY. Contractor's liability for any cause or combination of causes is, in the aggregate, limited to an amount no greater than the fee paid to Contractor hereunder or available insurance coverage delineated herein, whichever is greater. 14. GOVERNING LAW. It is understood and agreed by the parties that this Agreement shall be governed by and enforced in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, this Agreement was executed by the parties as of the Effective Date. GATEWAY PLANNING GROUP,INC. ~ By: Date: November 18, 2009 (Authorized signature) Scott Polikov Its: President By: Date: (Client Authorized signature) Pat Muston Its: President, La Porte Economic Development Corporation PROFESSIONAL SERVICES AGREEMENT Page 2 G~~~~,"~'y Schedule" I" Gateway Planning Group, Inc. shall undertake the tasks and provide the deliverables as follows: Task Sub Tot. 1. Assessment of existing conditions, parking, buildings and land uses; preparation of basemap and 1-day Kick off meeting w/city and county to program shared o ortunities with s Ivan beach and other ke lannin elements $12,875 $14,375 3. Transportation traffic and street design assessment of West Main, Broadway, Farimont and San Jacinto 4 corridors $10,750 4. 2-day Design charrette for the 4 corridors as well as integrated Sylvan Beach mixed use develo ment a roach 5. Draft Master Plan for 4 corridors and ingegrated Sylvan Beach at Building Scale for 4 Corridors and Sylvan Beach; Three (3) perspective renderings; and Master Plan Report including recommendation on conceptual transportation design recommendations and refinements to the Economic Development Plan (finalized before code $31,000 $36,875 6. 1-Day workshop with City and County to determine final revisions for Master Plan, CIP Priorities for implementation, governance needs and initial structure of new code 7. Final Revised Master Plan (only 1 revision included; additional revisions priced on houri basis $6,250 $4,175 8. Preparation for and facilitation of Joint worksession-- Council and P&Z to review master Ian and code im lementation strate 9. Draft form-based Code to implement plan for 4-corridors and Sylvan Beach Mixed Use Plan 10. Preparation for and facilitation of Community Meeting to review draft form- based code 11. Revise form-based Code based on communit in ut $7,500 $22,250 $5,250 $2,550 12. Preparation for and facilitation of Planning Commission Meetings for Code Adoption and rezoning (2 meetings included; additional meetings priced on an houri basis $7,625 13. Preparation for and facilitation of City Council Meetings for Code Adoption and rezonin 2 meetin s included; additional meetin s riced on an houri basis $7,625 $169,100 Client shall perform tasks or secure additional services, as necessary for implementation of the Services as described herein. Contractor is not providing legal services in anyway; accordingly, legal review of the Contractor's work may be necessary. PROFESSIONAL SERVICES AGREEMENT Page 3 B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 14.2009 Bud!!:et Requested By: Tim Til'tjl'm: Source of Funds: N/A Department: PlllAning Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Ordinance Draft Amount Requested: Exhibits: Model Ordinance Exhibit A Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION In 1987, the Clean Water Act was amended to include the National Pollution Discharge Elimination System (NPDES) program, promulgated by the Environmental Protection Agency (EP A), which requires further protection of U.S. waters by treating point and non-point source pollution in storm water discharges to the maximum extent practicable. Addressed in two phases, phase 1 began in 1990 and applied to larger municipal separate storm sewer systems (MS4) and 11 industrial categories including construction sites disturbing five or more acres. Phase 2 began in 2003 and applied to smaller MS4 (including La Porte in the 30,000 to 100,000 population category) and to construction sites of one or more acres. The TCEQ, through the State of Texas, has the responsibility of implementing the NPDES program to cities in both phases, and in 2007, required the City of La Porte to generate a Storm Water Management Plan (SWMP) to implement the program at the local level. Under the prepared plan, we are responsible for using each of the following six minimum control measures (MCMs), identified as standardized Best Management Practices (BMPs). 1) Public Education and Outreach 2) Public Involvement in Storm Water Management Program Development 3) Illicit Discharge Detection and Elimination 4) Construction Site Storm Water Controls 5) Post Construction Storm Water Management for New Development/Redevelopment 6) Pollution Prevention/Good Housekeeping for Municipal Operations We have entered into our third year of the five-year plan which requires that the city assume full control of the program by August 2010 and pass a local ordinance which sets out construction process standards, assigns additional departmental responsibilities, defines enforcement provisions and sets out BMPs. In the first two years of the plan, the City continued to perform the MCM's 1-4 that were done in the past, through previously established processes and requirements. The responsibility for all MCMs will now lie fully with the City as mandated by the state. From the developer's perspective, the same things that the TCEQ has been requiring through their program will continue to occur, but now they will be required by our program instead, as mandated by the TCEQ. We will be responsible for generating annual reports to the TCEQ for monitoring purposes, but all day to day coordination will be conducted by the city. The proposed draft ordinance addresses those requirements. Action Reauired bv Council: Conduct workshop on draft amendment to Chapter 34 "Environment" of the Code of Ordinances by adding Article V rm Water Discharges" and amending Appendix-B, "Fines." Ill" /~ Date DRAFT ORDINANCE NO. 2009- AN ORDINANCE AMENDING CHAPTER 34, "ENVIRONMENT", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADDING ARTICLE VI, "STORM WATER DISCHARGES", AND AMENDING APPENDIX-B, "FINES", OF SAID CODE; PROVIDING FOR THE PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS FOR EACH VIOLATION, AND EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of La Porte hereby amends Chapter 34, "Environment", of the Code of Ordinances of the City of La Porte, by adding Article VI, "Storm Water Discharges", a true and correct copy of which is attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. Section 2. The City of La Porte hereby amends Appendix B, "Fines", of the Code of Ordinances of the Ci ty of La Porte, by adding to Chapter 34, "Environment", the following: "Article VI. Storm Water Discharge (a) Fine for violation of article..... 2,000.00 34-191" Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the ordinance by causing the caption to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of the ordinance. PASSED AND APPROVED, this ____ day of CITY OF LA PORTE , 2009. By: Barry Beasley, Mayor ATTEST: Martha A. Gillett, City Secretary APPROVED: Clark T. Askins, Assistant City Attorney 2 ARTICLE VI. STORM WATER DISCHARGES EXHIBIT A DIVISION 1. IN GENERAL Sec. 34-190. Definitions. As used in this article, the following terms shall have the meanings ascribed in this section unless the context of their usage clearly indicates another meaning: Accessory structure shall mean a non-commercial structure of the type typically associated with a single-family residential dwelling unit, including, but not limited to, a garage, carport or barn. Applicant shall mean the owner of the land on which new development or significant redevelopment will occur or his authorized agent. CFR shall mean the Code of Federal Regulations, as it may be amended from time to time. Clean Water Act shall mean the federal Water Pollution Control Act, 33 D.S.C. S 1251, et seq., as amended from time to time. Commercial activity shall mean any profit or not-for-profit activity involved in the manufacture, storage, transportation, distribution, exchange or sale of goods or commodities, or the sale or lease of real property in the provision of professional or nonprofessional services, or in the use of property for residential purposes other than single-family residential purposes. Construction permit shall mean an official document or certification issued by either the building official or the city engineer authorizing performance of a specified construction activity, including, but not limited to, building permits, plumbing permits, electrical permits, HV AC permits, lateral storm sewer permits, excavation permits, utility construction permits, paving permits, demolition permits, and development permits. Design manual shall mean the Public Improvement Criteria Manual of the City of La Prote for Wastewater Collection Systems, Water Lines, Storm Drainage and Street Paving, as it may be amended from time to time. Developed parcel shall mean a parcel that is not undeveloped. Development shall mean (i) any activity that requires a subdivision plat or site plan per City of La Porte development criteria manual; (ii) the further subdivision of any reserve tract that is part of a subdivision plat approved by the city planning commission; or (iii) any activity that requires a construction permit. 1 Discharge shall mean the introduction or addition of any pollutant, storm water or other substance into the MS4, or to allow, permit or suffer any such introduction or addition. Discharger shall mean a person who causes or threatens to cause a discharge. Dwelling unit shall mean a structure, or a portion of a structure, that has independent living facilities including provisions for nontransient sleeping, cooking and sanitation. EPA shall mean the Federal Environmental Protection Agency and any successor agency thereto. Home occupation shall mean a commercial activity conducted entirely in a dwelling unit or accessory structure by a resident thereof that is incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof. Homeowners' Association shall mean an incorporated or unincorporated association owned by or whose members consist primarily of the owners of the property covered by a dedicatory instrument and through which the owners, or the board of directors or similar governing body, manage or regulate the single-family residential subdivision that has as one of its purposes the continued care and maintenance of all commonly-owned properties within the subdivision, particularly the areas established for storm water quality controls, and the authority and means to impose binding assessments upon the lot owners for that purpose. Impervious surface shall mean any area that does not readily absorb water including, but not limited to, building roofs, parking and driveway areas, compacted or rolled areas that are not revegetated, sidewalks, and paved recreation areas. Industrial activity certification or lAC shall mean a certification filed with the City. Lot shall mean an undivided tract ofland intended for single-family residential use contained within a block and designated on a subdivision plat by alphabetical or numerical designation. Municipal separate storm sewer system or MS4 shall mean the system of conveyances owned or operated by the city or any co-permittee of the city that is designed or used for collecting or conveying storm water. New development shall mean development of an undeveloped parcel of land one acre or larger without regard to the amount of land that will actually be disturbed. The term does not include development on an undeveloped and undivided parcel of five acres or more of one dwelling unit and one or more accessory structures. The term also does not include a stormwater detention basin that includes a water quality feature. 2 Non-structural control shall mean a maintenance or operational practice designed to prevent or reduce the potential of storm water runoff contact with pollution-causing activities. Notice of intent or NO! shall mean a notice of intent that is required by the TPDES General Permit No. TXR150000 (construction more than one acre) or TXR 50000 (Industrial activities), the EPA NPDES General Permit for Storm Water Discharges From Construction Activities in Region 6, or any similar general permit to discharge storm water associated with industrial or construction activity that is issued by the EP A or TCEQ. Notice of termination or NOT shall mean the notice of termination that is required by the TPDES General Permit No. TXR150000 (construction more than one acre) or TXR 50000 (Industrial activities), the EPA NPDES General Permit for Storm Water Discharges From Construction Activities in Region 6, or any similar general permit to discharge storm water associated with industrial or construction activity that is issued by the EP A or TCEQ. NPDES shall mean National Pollutant Discharge Elimination System. NPDES permit shall mean a permit issued by the EPA (or by the state under authority assumed pursuant to Section 1342(b) of Title 33 of the United States Code) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general basis. Parcel shall mean a contiguous piece of land that is under common ownership or control or that is part of a larger common plan of development or sale. Person shall mean an individual, corporation, organization, governmental entity, business trust, partnership, association, or other legal entity, or an agent or an employee thereof. Pollutant shall mean, but shall not be limited to, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, filter backwash, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and other material discharged into the MS4 or any waters of the United States. Pollution shall mean the alteration of the physical, thermal, chemical or biological quality of, or the contamination of, any waters of the United States that renders the water harmful, detrimental or injurious to humans, animal life, vegetation or property or to public health, safety or welfare, or impairs the usefulness or public enjoyment of the water for any lawful or reasonable purpose. Public utility shall mean a water line, sanitary sewer, storm sewer, pump station or lift station in a public right-of-way that is or will be owned and operated by the city or other political subdivision of the state for public purposes. 3 Publicly owned treatment works or POTW shall mean any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes ofa liquid nature that is owned by the state or a municipality, and includes sewers, pipes, or other conveyances only ifthey convey wastewater to a POTW. Representative storm event shall mean a storm event that is greater than one-tenth of an inch in magnitude and that occurs at least 72 hours after the previously measurable (greater than one-tenth of an inch rainfall) storm event. Significant redevelopment shall mean changes of one acre or more to the impervious surface on a five acre or larger developed parcel, but does not include a storm water detention basin that includes a water quality feature. Single-family residential shall mean the use of a lot with one building designed for and containing not more than two dwelling units. Storm water management handbook for construction activities shall mean the Storm Water Management Handbook for Construction Activities promulgated by the city, Harris County and Harris County Flood Control District, as it may be amended from time to time. Storm water discharges associated with construction activity shall mean storm water discharges from construction activity, including clearing, grading, excavation and demolition activities. The term does not include discharges from facilities or activities excluded from the NPDES program under 40 CFR Part 122. Storm water discharges associated with industrial activity shall have the meaning provided in Section 122.26(b)(l4) of Title 40 of the CFR, other than subsection (x) of that Section. Storm water quality management plan or SWQMP shall mean a plan prepared pursuant to the requirements of division 2 of this article and the design manual. Storm water quality permit or SWQ permit shall mean a current, valid permit issued pursuant to division 2 of this article. Structural control shall mean a structure or vegetative practice that is generally designed to reduce pollutant levels in storm water runoff. Structural control maintenance agreement shall mean an agreement entered into pursuant to section 34-263 of this Code. Structure shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work, including, but not limited to, a paved surface, that is artificially built up or 4 composed of parts joined together in some definite manner. The term does not include a street or a public utility. Substantial deviation shall mean a deviation that: (1) Increases the designed flow rate by more than five percent; (2) Increases or decreases the designed storage volume by more that five percent; (3) Increases or decreases the designed water surface elevation by more than six inches; or SWQ permittee shall mean the holder of a SWQ permit. SW3P shall mean Stormwater Pollution Prevention Plan. Third-party agreement shall mean an agreement that satisfies the requirements of section 34-262(b) of this Code. TCEQ shall mean the Texas Commission on Environmental Quality and any successor agency thereto. TPDES means the Texas Pollutant Discharge Elimination System that was assumed by the state from the EPA pursuant to Section 1342(b) of Title 33 of the United States Code. TPDES permit shall mean a permit issued by the TCEQ that authorizes the discharge of pollutants to water in the state, whether the permit is applicable on an individual, group, or general basis. Type 1 facility shall mean a municipal landfill, a hazardous waste treatment, disposal and recovery facility, a facility that is subject to Section 11023 of Title 42 of the United States Code, as it may be amended from time to time, or any other industrial facility that the city determines is contributing a substantial pollutant loading to the MS4. Type 2 facility shall mean any other municipal waste treatment, storage or disposal facilities (including, but not limited to, POTW s, transfer stations, and commercial incinerators) or any other industrial or commercial facility the city believes is contributing a pollutant to the MS4. Undeveloped parcel shall mean a parcel on which there are no structures at the time that a construction permit, subdivision plat or other city approval is applied for or required. Waters of the United States shall mean all waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce; all interstate waters, 5 including interstate wetlands; all other waters the use, degradation or destruction of which would affect or could affect interstate or foreign commerce; all impoundments of waters otherwise defined as "waters of the United States" under this definition; all tributaries of water identified in this definition; all wetlands adjacent to waters identified in this definition; and any other waters within the federal definition of "waters of the United States" in Section 122.2 of Title 40 of the CFR; but not including any waste treatment systems, treatment ponds, or lagoons designed to meet the requirements of the Federal Clean Water Act. Wetlands shall mean an area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Sec. 34-191. Penal provisions applicable. (a) Any person who violates any provision of this article shall be guilty of an offense and upon conviction thereof, shall be punished by a fine of not less than $250.00 nor more than $2,000.00 for each violation. Each day in which any violation shall occur shall constitute a separate offense. Prosecution or conviction under this section shall not preclude any civil remedy or relief for a violation of this article. (b) In addition to criminal prosecution, where applicable, the city shall have the right to seek the judicial remedies provided in section 34-192 of this Code for any violation ofthis article. Sec. 34-192. Judicial provisions applicable. (a) The city, acting through the city attorney or any other attorney representing the city, is hereby authorized to file an action in a court of competent jurisdiction to: (1) Enjoin any person from violating or threatening to violate the terms, conditions and restrictions of any permit issued under this article; (2) Enjoin the violation or threatened violation of the provisions of this article; or (3) Recover civil penalties for violation of the terms, conditions and restrictions of any permit issued under this article; (4) Recover civil penalties for violation for the provisions of this article; or (5) Recover damages from the owner of a parcel in an amount adequate for the city to undertake any construction or other activity necessary to bring about compliance with this chapter. 6 (b) The city, acting through the city attorney or any other attorney representing the city, is hereby authorized to enter into agreements in lieu of litigation to achieve compliance with the terms, conditions and restrictions of any permit issued under this article or the provisions of this article. The city's authority in Subsections (a) and (b) is in addition to all provisions of this Code relative to the definition of offenses and the provision of penalties for violations of such offenses. Sec. 34-193. Stop orders. (a) Whenever any work authorized by a construction permit is being performed contrary to the provisions of divisions 2 or 3 of this article, or other pertinent laws or ordinances implemented through the enforcement of this article, the building official or the city engineer may order the work (other than work to cure a violation) stopped by notice in writing served on any persons performing the work or causing the work to be performed, and any such persons shall forthwith stop the work until authorized by the building official or the city engineer to proceed with the work. (b) At the time a stop order is issued, the person performing the work and the permit holder shall be given notice of a right to a hearing on the matter pursuant to section 116.2 of the Building Code for permits authorized by that code or pursuant to section 34-197 of this Code for all other construction permits. Upon request, such a hearing shall be held within three business days unless the permit holder or person who was performing the work requests an extension of time. Any stop order that has been issued shall remain in effect pending any hearing that has been requested unless the stop order is withdrawn by the building official or the city engineer. Sec. 34-194. Nuisances. An actual or threatened discharge to the MS4 that violates or would violate this article is hereby declared to be a nuisance and shall be subject to enforcement pursuant to this Code. Sec. 34-195. Emergency suspension of utility service and MS4 access. (a) When the director of the department of public works determines that a person is causing or threatening to cause a discharge to the MS4 or a publicly owned treatment work in violation of this article that: (1) Presents or may present an imminent and substantial danger to the environment or to the health or welfare of persons; or (2) Presents or may present an imminent and substantial danger to the MS4 or waters of the United States; 7 the director or deputy director may, without prior notice, suspend city water service, sanitary sewer service, and MS4 discharge access to the person causing or threatening to cause the discharge when the director of the department of public works determines that the service or access is an instrumentality of or contributes to the unlawful discharge and suspension is necessary to stop the actual or threatened discharge. (b) As soon as practicable after the suspension of service or MS4 discharge access, the public works director shall notify the discharger of the suspension of service or access by delivering notice by hand to the person in charge of the premises for which service is terminated or access denied if such person is present on the premises. The director of public works shall send a notice by certified mail, return receipt requested, to the person and address identified in the city's water service records for the account at the property for which service is suspended or access denied. If there is no water service account, the director of public works shall send notice to the address of the owner of the property as shown on the Harris County Appraisal District's appraisal roll. The notice shall specify the basis for the suspension of service or access and shall order the discharger to cease the discharge or threatened discharge immediately. (c) If the discharger fails to comply with an order issued under subsection (b), the director of public works may take such steps as the director of public works deems necessary to prevent or minimize damage to the MS4 or waters of the United States or to minimize the danger to persons. (d) The city shall not reinstate suspended services or MS4 access to the discharger until: (1) The discharger presents proof that the noncomplying discharge or threatened discharge has been eliminated and its cause determined and corrected; (2) The discharger pays the city for all costs the city incurred in responding to, abating, and remediating the discharge or threatened discharge or otherwise provides financial assurance to cover such expenses; and (3) The discharger pays the city for all costs the city will incur in reinstating service or access or otherwise provides financial assurance to cover such expenses. (e) A discharger whose service or access has been suspended or disconnected may appeal such enforcement action pursuant to section 34-197 by filing a written request with the director of public works not later than the tenth day after the day the service is suspended or the access denied. (f) If the discharger does not pay the costs as provided by this section, the city shall be entitled to a lien against the property that is the subject of the suspension of service or access to recover its response costs pursuant to the procedures set out in section 34-197 of this Code. 8 (g) The remedies provided in this section are in addition to any other remedies set out in this article. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other action against a discharger. (h) A person commits an offense if the person reinstates water service, sanitary sewer service or MS4 access that has been terminated pursuant to this section without the prior written approval of the director of public works. Sec. 34-196. Non-emergency suspension of utility service and MS4 access. (a) When the director of public works determines that a person is discharging or threatening to discharge to the MS4 in violation of this article, the director of public works may terminate city water supply, sanitary sewer connection and MS4 access to the person discharging or threatening to discharge to the MS4 if the director of public works determines that: (1) The service or access is an instrumentality of or contributes to the unlawful discharge or threatened discharge; and (2) Termination would prevent, abate or reduce: 1. The discharge of a pollutant; or 11. The commission of any other act or activity which in itself or in conjunction with any other discharge or activity causes, continues to cause, or may cause pollution of any of the waters of the United States. (b) The director of public works shall notify a discharger of the proposed suspension of its water supply, sanitary sewer connection or MS4 access pursuant to this section before the service is suspended or access denied. Notice shall be mailed, certified mail, return receipt requested, to the name and address on the city water service records for the account of the property where service is proposed to be suspended or access denied. If there is no water service account, the director of public works shall send notice to the address ofthe owner of the property as shown on the Harris County Appraisal District's appraisal roll. The notice shall specify the basis for the proposed suspension of service or access and shall order the discharger to cease the discharge or threatened discharge immediately. The discharger may request a hearing prior to termination pursuant to section 34-197 by filing a written request with the director of public works not later than the tenth day after the day the notice is deposited in the mail. Upon timely receipt of a request for a hearing, the city shall not suspend service or deny access until after the hearing officer renders a decision authorizing the suspension of service or denial of access. If the discharger does not request a hearing within the time specified, the city shall suspend the service or deny the access as described in the notice. 9 ( c) The city shall not reinstate suspended services or MS4 access to the discharger until: (1) The discharger presents proof that the unlawful discharge or threatened discharge has been eliminated and its cause determined and corrected; and (2) The discharger pays the city for all costs the city will incur in reinstating service or MS4 access or otherwise provides financial assurance to cover such expenses. (3) The remedies provided by this section are in addition to any other remedies set out in this chapter. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other action against a discharger. (d) A person commits an offense if the person reinstates water service, sanitary sewer service or MS4 access suspended pursuant to this section without the prior approval of the director of public works. Sec. 34-197. Appeals; hearing. Any person whose permit is denied or revoked, whose water supply, sanitary sewer connection or MS4 access has been terminated or may be terminated, or who is otherwise aggrieved by a notice, action or decision by the director of public works or building official undertaken pursuant to this article shall, upon written request, be entitled to a hearing to be conducted by a hearing officer designated by the director of public works, who shall promulgate rules for hearings. The decision of the hearing officer shall be final. For an appeal filed pursuant to section 34-196, the hearing officer shall render a decision within five days after the close of the hearing. Where time is ofthe essence, the aggrieved person may so advise and state the reason therefore in the request and, to the extent reasonably warranted and allowed by the circumstances, an expedited hearing of and decision on the issue shall be afforded. Sec. 34-198. Compliance monitoring; methods. (a) The director of public works shall have the right to install at a facility that discharges storm water to the MS4, or to require the installation of, such devices as are necessary to conduct sampling or metering of the discharger's operations. (b) The director of public works may require any facility that the city engineer determines has discharged or is discharging a pollutant or any substance that causes, continues to cause, or will cause pollution, to conduct specified sampling, testing, analysis and other monitoring of its storm water discharges. The director of public works may specify the frequency and parameters of any required sampling or monitoring. (c) The director of public works may require any facility that the director of public works determines has discharged or is discharging a pollutant or any substance that causes, continues to 10 cause, or will cause pollution to install monitoring equipment as necessary at the discharger's expense. The discharger, at its own expense, shall at all times maintain the facility's sampling and monitoring equipment in a safe and proper operating condition. Each device used to measure storm water flow and quality must be calibrated to ensure accuracy. The director of public works may also require monitoring of non-storm water discharges if the director of public works reasonably believes that such discharges violate the city's MS4 permit requirements. (d) Upon written request of the director of public works, the facility shall submit in writing the results of any sampling or monitoring undertaken pursuant to the requirements of this article. ( e) The facility shall maintain for three years the results of any monitoring undertaken pursuant to the requirements ofthis article as well as any supporting documentation. (f) All monitoring required by this article shall be performed in accordance with the methodologies and protocols established in Chapter 319 of Title 30 of the Texas Administrative Code, as amended from time to time. Sec. 34-199. Regulations and forms authorized. The director of public works and the building official shall jointly promulgate regulations and forms regarding compliance with the requirements of this article. Such regulations and forms shall be available: (1) At the office of the director of public works; and (2) At the office of the building official. The regulations and forms established hereunder may be amended or supplemented from time to time as is mutually agreeable to the director of public works and the building official. Sec. 34-200. Cumulative effect. (a) This article is cumulative of other requirements imposed by ordinances and regulations of the city. To the extent of any inconsistency, the more restrictive provision shall govern. (b) Any authorization granted by or any affirmative defense to a violation allowed pursuant to this article does not excuse compliance with federal or state law or any other provisions of this Code or any other city ordinance relating to the activities regulated by this article. Sec. 34-201. Remedies not exclusive. 11 The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion ofthe city to seek cumulative remedies. The suspension, revocation, cancellation, or denial of any permit issued under this article shall not prohibit imposition of any civil or criminal penalty. The imposition of a civil or criminal penalty shall not prohibit any other remedy and shall not prohibit the suspension, revocation, or denial of any permit issued under this article. Sec. 34-202. Access to facilities and records. (a) When it is necessary to make an inspection to enforce the provisions of this article or to inspect or investigate conditions related to water quality, an authorized city official may enter a building or premises at reasonable times to inspect or to perform the duties imposed by this article or to inspect or review records, reports, data, plans, or other documents relating to compliance with this article or with any TPDES or NPDES storm water permit. If the building or premises is occupied, credentials must be presented to the occupant and entry requested. If the building or premises is unoccupied, the authorized city official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. Ifrefused, the authorized city official shall have recourse to the remedies provided by law to secure entry. (b) When, due to emergency, immediate entry is necessary to protect life or property, or when the authorized city official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner, occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the authorized city official for the purpose of inspection and investigation pursuant to this article or other laws relating to water quality. (c) Any temporary or permanent obstruction to safe and easy access to a facility that is to be inspected or sampled must be promptly removed by the discharger at the written or verbal request ofthe city engineer and may not be replaced. The cost of clearing access to the facility shall be borne by the discharger. (d) The director of public works, city engineer, utility official, building official, health officer or any city peace officer is hereby authorized to undertake the activities authorized by this section. Sees. 34-203-34-219. Reserved. DIVISION 2. POST -CONSTRUCTION CONTROLS ON NEW DEVELOPMENT AND SIGNIFICANT REDEVELOPMENT Subdivision A. In General 12 Sec. 34-220. Applicability. (a) This division shall apply to new development and significant redevelopment within the city (i) of any kind by a private individual or entity, except for the construction of major thoroughfares and major collector streets designated on the City's Major Thoroughfare and Freeway Plan and any public utilities in the rights-of-way for such thoroughfares and streets, or (ii) of a structure, parking or storage area, or park or recreational facility by a governmental entity. (b) If the use of a parcel that was previously excluded from the definition of new development because it was development on an existing undeveloped and undivided parcel of five acres or more of one dwelling unit and one or more accessory structures changes to a commercial activity that is not a home occupation, or the property is further subdivided, the owner of the parcel shall at that time comply with all requirements of this article. (c) This division shall not apply to demolition authorized by action of City Council pursuant to Chapter 82 of this Code.. Sec. 34-221. General requirements. (a) Subject to the limitation in subsection (c) of this section, all new development and significant redevelopment subject to this article shall either obtain and continuously maintain a storm water quality permit or file an industrial activity certification. If a parcel subject to the requirements ofthis section is located partially in the city and partially in the unincorporated area of Harris County and storm water from any portion ofthe parcel drains into the MS4, a SWQ permit or IAC shall be required for the parcel. If a parcel subject to the requirements of this subsection is located partially in the city and partially in the unincorporated area of a county other than Harris County, a SWQ permit or IAC shall be required for the parcel. (b) The SWQ permit is in addition to any other construction permit required for the new development or significant redevelopment. (c) Subject to the limitations in this subsection, the obligation to have and comply with a SWQ permit shall continue in perpetuity and shall run with all the land covered by the original SWQ permit. The owner of the land shall have the obligation to have and comply with a SWQ permit unless that obligation is transferred to another person pursuant to this Code. If pursuant to this Code the obligation to comply is transferred to a homeowners' association or a person other than the city, the homeowners' association or the other person shall have the obligation to maintain and comply with a SWQ permit. Ifpursuant to this Code, the obligation to comply is transferred to the city, the obligation to obtain and continuously maintain a SWQ permit for the land covered by the SWQ permit shall cease. 13 (d) For new development or significant redevelopment that includes, in whole or in part, the platting of a single-family residential subdivision, a SWQ permit for the single-family residential portion of the subdivision shall be obtained before the release of the plat for recordation. For all other new development or any significant redevelopment, a SWQ permit shall be obtained before the issuance of any construction permit for the new development or significant redevelopment. Sec. 34-222. Industrial activity certification. If the new development or significant redevelopment occurs at a facility that either has or will have permit coverage for storm water discharges from industrial activity issued by the state before the industrial activity will commence, the operator shall either submit an industrial activity certification in a form approved by the city engineer or obtain a SWQ permit. The industrial activity certification shall include any of the following: (a) A copy of the application for an individual permit from the state for storm water discharges from industrial activity at the facility; (b) A copy of the permit issued by the state for storm water discharges from industrial activity at the facility; (c) A copy of the NOI for coverage under a general permit for storm water discharges associated with industrial activity issued by the state; (d) A statement of commitment to file an application for an individual permit from the state for storm water discharges from industrial activity at the facility; or ( e) A statement of commitment to file a NOI for coverage under a general permit for storm water discharges associated with industrial activity issued by the state. Sec. 34-223. Denial of plat recordation. The planning and development department shall not release for recordation a subdivision plat for new development or significant redevelopment consisting in whole or in part of single- family residential lots that does not have a SWQ permit for the residential lots. Sec. 34-224. Denial of construction permit. (a) Neither the city engineer nor the building official shall issue any construction permit required for new development or significant redevelopment that has not filed an IAC or that has not obtained or is not in compliance with a SWQ permit. 14 (b) Ifthe SWQMP on which the SWQ permit is based includes one or more structural controls, neither the building official nor the city engineer shall issue any construction permit for streets, public utilities, demolition or storm water controls for all or part of the new development or significant redevelopment unless the requirements of this article of this Code have been met. (c) If the SWQMP on which the SWQ permit is based includes one or more structural controls, neither the building official nor the city engineer shall issue any construction permit, except permits for streets, public utilities, demolition or storm water controls, for all or part of the new development or significant redevelopment unless either: (1) The city engineer has confirmed the proper installation of all structural controls included in the SWQMP for all or that portion of the new development or significant redevelopment and the SWQ permittee has satisfied the requirements of this chapter; or (2) The city has assumed maintenance of all structural controls included in the SWQMP for all or that portion of the new development or significant redevelopment. (d) If the SWQMP on which the SWQ permit is based does not include one or more structural controls, neither the building official nor the city engineer shall issue any construction permit for all or a part of the new development or significant redevelopment. Sec. 34-225. Denial of utility connections. The utility official shall not permit any new development or significant redevelopment to receive any service from the city water distribution or wastewater collection systems unless, at the time of the application for service, the new development or significant redevelopment has and is in compliance with a SWQ permit or an industrial activity certification. Sec. 34-226. Denial of certificate of occupancy. (a) Except as provided in subsection (b) of this section, the building official shall not issue a certificate of occupancy for any new development or significant redevelopment unless the new development or significant redevelopment has and is in compliance with a SWQ permit or an industrial activity certification (b) Subsection (a) shall not apply if the city has assumed maintenance of all controls specified in the SWQMP on which the SWQ permit is based. Sec. 34-227. Fees. 15 The city engineer and the building official shall, from time to time, prepare and submit for approval by motion of the city council a schedule of fees that shall be paid pursuant to this division. Payment of any applicable fees when due is a condition of the processing of any application, renewal, amendment or structural control maintenance agreement under this article. Sees. 34-228--34-239. Reserved. Subdivision B. Storm Water Quality Permit Process Sec. 34-240. Storm water quality permit application generally. An applicant for a SWQ permit shall submit a storm water quality permit application on the form specified by the city engineer. The application shall include a storm water quality management plan that: (a) Complies with the design manual; (b) Includes a proposed inspection checklist, maintenance plan, and associated construction drawings; and (c) Is sealed by a professional engineer licensed as such in Texas. Each application for a SWQ permit shall be accompanied by the applicable application fee. Sec. 34-241. Bond. (a) Except as provided in subsection (d), if the SWQMP includes structural controls, the applicant shall provide a performance bond that satisfies the following requirements: (1) The bond shall name the owner or operator of the parcel subject to the SWQ permit as principal and a corporate bonding company licensed to conduct business in the state as surety to secure the city that the proposed structural controls to be covered by the bond will be constructed and installed in accordance with the SWQ permit, the SWQMP, and any plans and specifications contained therein, and securing the city against loss, damage, claim, or liability in connection therewith. (2) The bond shall be in a sum that includes at a minimum the total estimated costs of the controls to be constructed. (3) The bond shall be in favor of and for the use and benefit of the city. (4) The bond shall describe, by reference to the number ofthe application together with such other brief descriptive matter as is necessary, the work proposed to be 16 done or to be covered by the SWQ permit in connection with which the bond is gIVen. (5) The bond required by this section shall be conditioned that the work therein referred to will be performed in strict and full accordance with the terms and provisions of the SWQ permit, the SWQMP, and the plans and specifications therein; and that if any of the work is not performed in accordance therewith, or if any materials not in accordance therewith are used in the process of such work, such failure and default shall be promptly remedied and any defective material or work removed and replaced with material and by workmanship in accordance with the terms of the SWQ permit, the SWQMP, and plans and specifications therein without cost or expense to the city up to the sum of the bond. The bond must guarantee materials and workmanship for a period of one year after the city's initial inspection that confirms proper installation of the controls. (6) The bond shall provide that the surety company will notify the city in writing 30 days prior to a cancellation, nonrenewal, or material change in the policy. In the case of nonrenewal or cancellation, the SWQ permittee shall then have 21 days after the surety company's notice to the city to replace the coverage or the SWQ permittee's SWQ permit shall be revoked after notice and the opportunity for a hearing without further action on the part of the city. (7) The bond shall be in a form approved by the city attorney and must be accompanied by a power of attorney or other convincing evidence of the issuing agent's authority to act for the surety company and must meet the requirements of Article 7.19-1 (b) of the Insurance Code. (8) The bond shall be furnished to the city prior to the issuance of a construction permit for any construction on the parcel. (b) The applicant must present to the city its estimate of the costs to construct the structural controls included in the SWQMP, and the city will assess the reasonableness of the estimate. If the city determines that the estimate is insufficient and the applicant does not provide a substitute bond in an amount deemed sufficient by the city, the city shall deny the SWQ permit that is supported by the bond. (c) The bond shall be released one year after the date of the city's inspection that confirms that the structural controls covered by the bond have been properly installed and are performing as intended. (d) A bond shall not be required if all structural controls will be completed and the certifications required by section 34-261 (a) will be filed before any additional construction, including the construction of streets and utilities, commences. 17 (e) If the project is on public property, the owner or operator shall also provide a payment bond to the city to secure the payment of mechanics, materialmen and suppliers liens. Sec. 34-242. Issuance of SWQ permit. (a) The city engineer shall review the SWQ permit application and the SWQMP and either approve or deny the application based on compliance with the applicable provisions of this article and the design manual. The city engineer shall also deny the application if any statement made in the application or any documents submitted therewith were known to be false or should have been known to be false by the applicant. (b) The SWQ permit shall be issued to the owner of the land covered by the SWQ permit and shall run with the land and be binding on all subsequent owners unless responsibility for compliance has been transferred pursuant to section 34-262 of this Code. (c) The applicant may seek a hearing for reconsideration of the denial of a SWQ permit pursuant to section 34-197 of this article by filing a written request with the city engineer not later than the tenth day after the applicant has been notified that the application has been denied. (d) The granting of a SWQ permit does not imply that federal or state storm water management requirements or criteria have been met. Sec. 34-243. Amendment of SWQ permit. (a) An amendment to the SWQ permit is required in the following events: (1) The person responsible for compliance with the SWQ permit changes either as a result of: (i) The transfer of ownership of the parcel to a different person; or (ii) The transfer of the obligation to comply with this Code to a third-party permittee pursuant to section 34-262 of this Code. (2) Any substantial deviation is made to a structural control or any change is made to a non-structural control in the SWQMP on which the SWQ permit is based; or (3) The subsequent new development or significant redevelopment of any parcel covered by that SWQ permit (unless the subsequent new development or significant redevelopment has already been anticipated and provided for in the SWQMP on which the SWQ permit is based). 18 (b) Applications to amend a SWQ permit to satisfy subsection (a)(1) of this section shall be submitted within ten days after any such transfer to a subsequent owner or to a third-party permittee. Amendments to a SWQ permit to satisfy subsections (a)(2) and (a)(3) of this section must be obtained before commencement of the activity that triggers the need for the amendment. (c) An application to amend a SWQ permit to transfer the SWQ permit to a subsequent owner or a third-party permittee shall include an attestation by the subsequent owner or third-party permittee that he has read the SWQMP and agrees to adhere to the operation and maintenance requirements specified therein. (d) To amend a SWQ permit, the SWQ permittee must submit a revised SWQMP, including any revisions to the inspection checklist, maintenance plan and associated construction drawings, together with the appropriate form and amendment fee. The city engineer shall review the amendment application and either approve or deny the amendment application based on compliance with the applicable provisions of this article and the design manual. (e) If the amendment includes the transfer of responsibility for compliance with this division to a third-party permittee pursuant to section 34-262(b) of this Code, the legal agreement documenting that transfer shall be referred to the city attorney for a determination of whether the legal agreement is adequate to assure compliance. If the city attorney determines that the legal agreement is not adequate and the applicant does not provide a substitute legal agreement deemed adequate by the city attorney, the amendment application shall be denied. (f) The applicant may seek a hearing to reconsider the denial of an amendment to a SWQ permit pursuant to section 34-197 of this Code. Sec. 34-244. Revocation of SWQ permit. (a) The city engineer shall revoke a SWQ permit after notice and opportunity for a hearing pursuant to section 34-197 of this article if he finds that: (1) The applicant knew or should have known that a statement made in the application for the SWQ permit was false; (2) The SWQ permittee has violated any provision of its SWQ permit or of this division including, but not limited to, failure to amend a SWQ permit as required by section 34-243 of this Code; (3) The SWQ permittee or anyone acting on his behalf commits or threatens to commit an act of violence against a city official either on or off the job for the purpose of intimidating the official so that he will not perform his duties under this division; or 19 (4) The SWQ permit has been issued in error. (b) The city engineer shall send a written notification by certified mail, return receipt requested, to the SWQ permittee informing him of the grounds for revoking his SWQ permit. The SWQ permittee may request a hearing pursuant to section 34-197 by filing a written request with the city engineer not later than the tenth day after notification by the city of the grounds for revocation. Sec. 34-245. Duration. An initial SWQ permit shall be valid for one year from date of issuance, but may be renewed. All subsequent renewals of a SWQ permit shall be valid for one year. Sec. 34-246. Renewal. To renew a SWQ permit, the SWQ permittee shall submit a renewal application on a form prescribed by the city engineer and the applicable renewal fee not more than 30 days but not less than five days prior to expiration of the SWQ permit. As part of the renewal application, the SWQ permittee shall certify that all controls have been maintained as specified in the SWQMP. If structural controls are used, a state licensed professional engineer shall also certify that all structural controls still generally conform to the plans and technical specifications in the SWQMP. The city engineer shall deny a renewal application if it is found that the SWQ permittee failed to seek an amendment to its SWQ permit if required to do so pursuant to section 34-243 ofthis Code. Sees. 34-247--34-259. Reserved. Subdivision C. Storm Water Quality Permit Requirements Sec. 34-260. Incorporation by reference. The SWQMP, including the proposed inspection checklist, maintenance plan and associated construction drawings, shall be incorporated into the SWQ permit by reference. Failure to comply with the SWQMP shall be a violation of this article. Sec. 34-261. Certifications and attestations. (a) If the SWQMP on which the SWQ permit is based includes one or more structural controls, the SWQ permittee shall submit a certificate sealed by a professional engineer licensed as such in Texas within 14 days after the structural controls specified in the SWQMP for all or that part of the new development or significant redevelopment have been installed. The certificate shall certify that all structural controls are in general accordance with the plans and technical specifications in the SWQMP. At the same time 20 this certificate is filed, the SWQ permittee shall also submit an attestation that he has read the SWQMP and agrees to adhere to the operation and maintenance requirements specified therein. (b) If the SWQMP on which the SWQ permit is based does not include one or more structural controls, the SWQ permittee shall, before the issuance of a construction permit for any structure on land included in the SWQMP, submit an attestation that he has read the SWQMP and agrees to adhere to the operation and maintenance requirements specified therein. Sec. 34-262. Transfer of permit; third-party permittees. (a) The provisions of this subsection (a) shall apply to subdivisions that include lots for single-family residential use. Prior to the sale ofthe first lot in the subdivision or any section thereof, the owner of land that is being subdivided, in whole or in part, into single-family residential lots shall either: (1) Transfer the obligation to comply with all requirements of this division to a homeowners' association established for all or that part of the subdivision. The homeowners' association must have fee simple title to all structural controls and, at a minimum, an easement in favor of the homeowners' association allowing access to maintain structural controls or to implement non-structural controls. Further, the owner must require that any homeowners' association for the subdivision have the authority to impose fees or otherwise generate monies to fund operation and maintenance measures and bond requirements. After a homeowners' association complying with the provisions of this subsection has been established, the owner may seek to amend the SWQ permit pursuant to section 34-243 of this Code to transfer the SWQ permit to the homeowners' association. Until the city has approved the transfer to the homeowners' association, the owner shall remain responsible for compliance with the requirements of this division; or (2) Transfer the obligation to comply with all requirements of this division to the city pursuant to a structural control maintenance agreement. (b) The provisions ofthis subsection (b) shall apply to all new development or significant redevelopment that is not governed by subsection (a) above. The SWQ permit may be transferred to a person other than the owner of the land subject to the SWQ permit if the person and the owner enter into a binding legal agreement that meets the requirements of this subsection. The person must agree to comply with the requirements of this division and with the terms and conditions of the SWQ permit, including adherence to the operation and maintenance requirements specified therein. The third-party agreement shall grant fee simple title to all structural controls to the person, provide an easement if necessary to allow access by person across the owner's property to maintain structural 21 controls or to implement non-structural controls, and if necessary, to allow storm water from the owner's property to drain across any adjacent property to a designated structural control. The legal agreement shall also provide that in the event of its termination for any reason, including by either choice or default, the obligation to comply with the provisions of this division shall revert to the owner of the land. Sec. 34-263. Assumption of maintenance requirements. (a) The city shall only enter into a structural control maintenance agreement to assume responsibility for long-term maintenance of structural controls pursuant to section 34- 262(a)(2) if the city engineer determines that: (1) The SWQMP on which the SWQ permit is based only includes structural controls; (2) The structural controls serve either: (a) Only the single-family residential lots in a recorded subdivision; or (b) The single-family residential lots and reserves in a recorded subdivision if the single-family residential lots constitute more than 80 percent of area served by the controls and the aggregate of all reserves served by the controls equals less than five acres; (3) The structural controls are suitable for public maintenance; and (4) The structural controls have been properly installed. (b) The city engineer shall develop a list of structural controls suitable for public maintenance and the design criteria for the controls on the list, and shall publish them in the design manual. A structural control shall be suitable for public maintenance if maintenance of it will involve activities the same or similar to the activities performed by the department of public works and engineering's maintenance and right-of-way division. (c) The city shall assume the long-term maintenance requirements of all structural controls specified in the SWQMP only in exchange for a payment in an amount equivalent to the estimated cost of maintaining the structure for ten years as determined by the city engmeer. (d) The structural control maintenance agreement shall grant the city all easements necessary to allow access for maintenance. The city's assumption of maintenance of the structural controls does not affect ownership of the underlying fee. Sec. 34-264. Accounting for structural control maintenance agreements. 22 (a) All payments collected pursuant to structural control maintenance agreements shall be deposited in a dedicated fund to which interest is allocated. All such amounts, together with all interest earned thereon, shall be used solely for the purposes set forth in subsection (b). (b) The fees collected pursuant to structural control maintenance agreements may be used to finance or to recoup the costs of the operation, maintenance, equipment, labor or capital of structural controls assumed pursuant to a structural control maintenance agreement and for meeting any other ongoing regulatory requirements imposed on such structures, such as annual certifications of compliance or to finance or recoup the costs of any other subsequent measures undertaken by the city to address storm water quality to achieve the same purposes as the structural controls. Maintenance shall include, but not be limited to, mowing, dredging and repair. (c) Consistent with the city charter and state budget laws, disbursement of funds shall be authorized by the department of public works and engineering at such times as are reasonably necessary to carry out the purposes and intent of this article. Sec. 34-265. Recordation. (a) The SWQ permit requirements for each parcel shall be recorded in the real property records of the county in which the parcel is located. The recordation shall note that none of the structural or non-structural controls on or for the parcel may be changed from the plans and technical specifications in the SWQ permit for the parcel, except as may otherwise be provided in this article.. (b) For new development that includes the platting of a reserve tract, a notation shall be placed on the subdivision plat that a SWQ permit must be obtained before the issuance of any construction permit for a structure on all or a part of the reserve tract. (c) Third-party permittees: For subdivisions oflots for single-family residences, the homeowners' association agreement or structural control maintenance agreement shall be recorded for all parcels in the subdivision at the time of the transfer of the SWQ permit to the homeowners' association. For other new development or significant redevelopment for which there is a third-party permittee, the third-party agreement shall be recorded for all parcels subject to the rights and obligations specified in the agreement at the time of the transfer of the SWQ permit to the third-party permittee. (d) The SWQ permit applicant or, if the SWQ permit has already been issued, the SWQ permittee, shall pay all recording fees required by the county clerk's office. Sees. 34-266-34-279. Reserved. 23 DIVISION 3. STORM WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY Sec. 34-280. Applicability. This division shall apply to all facilities located within the city that have storm water discharges associated with construction activity. Sec. 34-281. Unpermitted discharges prohibited. A person who is the operator of a facility that has storm water discharges associated with construction activity commits an offense if the person discharges, or causes to be discharged, storm water associated with construction activity without first having obtained an NPDES or TPDES permit to do so. Sec. 34-282. Submission of NOI. (a) The operator of a facility required to have an NPDES or TPDES permit to discharge storm water associated with construction activity shall submit a certification that he has submitted an NOI to the EP A or TCEQ, a copy of that NOI, and a copy of a site plan and a Stormwater Pollution Prevention Plan detailing the location of erosion control measures to the city engineer or the building official prior to obtaining a construction permit for that activity. (b) A person commits an offense if the person operates a facility that is discharging storm water associated with construction activity without having submitted a copy of the NOI to do so to the city. Sec. 34-283. Submission of NOT. (a) If required to submit an NOT to EPA pursuant to an NPDES or TPDES permit to discharge storm water associated with construction activity, an operator shall submit a certification that he has submitted an NOT to the EP A or TCEQ and a copy of that NOT to the city engineer at the same time the operator submits the NOT to the EP A or the TCEQ as applicable. If final stabilization as required by EP A has not been achieved at the time the operator submits the NOT, the operator shall also submit a copy of the NOI for the operator who is assuming responsibility for the site. (b) A person subject to the requirements of subsection (a) ofthis section commits an offense if the person fails to submit a copy of the NOT to the city. Sec. 34-284. Compliance with permit. 24 (a) A facility that has storm water discharges associated with construction activity shall be operated in strict compliance with the requirements of its NPDES or TPDES permit to discharge storm water associated with construction activity. (b) The storm water pollution prevention plan implemented to satisfy the requirements of an NPDES or TPDES permit to discharge storm water associated with construction activity shall comply with the storm water management handbook for construction activities. (c) A person commits an offense if the person operates a facility that has storm water discharges associated with construction activity in violation of the facility's NPDES or TPDES permit to discharge storm water associated with construction activity. Sec. 34-285. Modification of storm water pollution prevention plans. (a) The city engineer and the building official may require the operator of a facility that has storm water discharges associated with construction activity to modify the facility's storm water pollution prevention plan if, in the best professional judgment of the city engineer or the building official, the storm water pollution prevention plan does not comply with the requirements of the facility's NPDES or TPDES permit to discharge storm water associated with construction activity. (b) Notification of the deficiencies in a facility's storm water pollution prevention plan shall be made in writing, and the facility operator will be given a reasonable amount of time, not to exceed 30 days, to make the necessary changes in the storm water pollution prevention plan. Sees. 34-286--34-289. Reserved. DIVISION 4. STORM WATER DISCHARGES FROM INDUSTRIAL AND HIGH RISK FACILITIES Subdivision A. Storm Water Discharges Associated With Industrial Activity Sec. 34-290. Unpermitted discharges prohibited. (a) A person who is the owner or the operator of a facility that has storm water discharges associated with industrial activity commits an offense if the person discharges, causes to be discharged, or threatens to discharge storm water associated with industrial activity without having first obtained an NPDES or TPDES permit to do so. (b) A person who is the owner or the operator of a facility that has storm water discharges associated with industrial activity commits an offense if the person submits a certification pursuant to 34-303 and fails to comply with the applicable standards established by the TCEQ. 25 Sec. 34-291. Submission of NO I. (a) A person who is the owner or the operator of a facility that has storm water discharges associated with industrial activity shall submit to the city engineer a copy of: (1) The notice of intent to obtain coverage under TPDES permit number TXR050000 for the facility; (2) The notice of intent to obtain coverage under any other TPDES general storm water permit for the facility; (3) The individual TPDES storm water permit for the facility; or (4) The no exposure certification form submitted to TCEQ for the facility pursuant to the provisions ofTPDES permit number TXR050000. (b) A copy ofthe NOI or the no exposure certification form shall be submitted to the city no later than 14 calendar days after filing the NOI or no exposure form with the TCEQ for such coverage. A copy of the individual TPDES permit shall be submitted to the city no later than 14 calendar days after TCEQ signs the permit. (b) A copy ofthe approved Stormwater Pollution Prevention Plan when the permit is issued. Sec. 34-292. Submission of NOT. (a) A person who is the owner or operator of a facility that has storm water discharges associated with industrial activity shall submit to the city engineer a copy of an NOT for the facility which shall include any information required for notice of termination under TPDES permit number TXR050000 or any other TPDES general storm water permit, whenever: (1) All storm water discharges associated with industrial activity are eliminated at the facility; or (2) The operator ofthe facility changes. If the NOT is being submitted because the operator of the facility has changed, a copy of the NOI for the new operator shall be submitted with the NOT. (b) The copy of the NOT shall be submitted no later than 24 calendar days after either all storm water discharges associated with industrial activity are eliminated at the facility or the operator of the facility changes. Sees. 34-293-34-299. Reserved. 26 Subdivision B. Monitoring and Reporting Sec. 34-300. Applicability. This subdivision shall apply to municipal landfills, hazardous waste treatment, disposal and recovery facilities, facilities that are subject to Section 11023 of Title 42 of the United States Code, as it may be amended from time to time, and other municipal waste treatment, storage or disposal facilities (including, but not limited to, POTWs, transfer stations and commercial incinerators). The industrial activity operator shall submit a copy oftest results required under the TPDES permit TXR 050000 to the city engineer pursuant to section 34-301 ofthis Code. Sec. 34-301. Designation as a type 1 or type 2 facility. (a) The city engineer shall promulgate regulations to determine whether a facility is contributing a substantial pollutant loading to the MS4 and so should be designated as a type 1 facility. The city engineer shall further promulgate regulations to determine whether a facility is contributing a pollutant to the MS4 and so should be designated as a type 2 facility. The city engineer shall consider, but shall not be limited to, such factors as the nature ofthe activities at the facility and drainage patterns in the area ofthe facility. The city engineer shall provide the facility with a written notice of the facility's designation. (b) The city engineer shall send written notification by certified mail, return receipt requested, to each type 1 or type 2 facility designated pursuant to subsection (a) of this section informing the operator of that designation. The notice shall specify the parameter or parameters that the facility will have to monitor for pursuant to section 34-302(b)( 12) or section 34-302(c)(5), whichever is applicable. The facility operator may appeal the designation pursuant to section 34-197 of this Code. Designation as a type 1 or type 2 facility shall be effective on the third day following the date notice is deposited in the mail to the facility. (c) The city engineer shall further promulgate regulations for determining whether a facility designated as a type 1 or type 2 facility pursuant to subsection (a) is no longer contributing a substantial pollutant loading or a pollutant to the MS4 and for terminating the facility's designation as a type 1 or type 2 facility. Upon terminating the facility's designation as a type 1 or type 2 facility, the city engineer shall send written notification by certified mail, return receipt requested to the facility informing it of that termination. Sec. 34-302. Monitoring required. (a) Every type 1 and type 2 facility that has storm water discharges associated with industrial activity shall undertake all monitoring: 27 (1) Required by an individual NPDES or TPDES storm water permit if the facility has an individual storm water permit; (2) Required by a general NPDES or TPDES storm water permit, other than TPDES permit number TXR050000 if the facility has coverage under such a permit; or (3) Required by TPDES permit number TXR050000, or any successor permit thereto, if neither (i) or (ii) above apply. (b) If a type I facility does not have storm water discharges associated with industrial activity, the facility annually shall analytically monitor and analyze storm water discharges from its facility during a representative storm event on an outfall-by-outfall basis for each of the following parameters: (1) Any pollutants limited in an existing NPDES or TPDES permit for the facility; (2) Total oil and grease; (3) Chemical oxygen demand; (4) pH; (5) Biochemical oxygen demand, five-day; (6) Total suspended solids; (7) Total phosphorus; (8) Total Kjeldahl nitrogen; (9) Nitrate plus nitrite nitrogen; (10) Any other discharges required to be monitored under Section 122.2 I (g)(7)(iii) and (iv) of Title 40 of the CFR; (II) Any pollutants for which effluent limitations are imposed in the city's storm water permit for its MS4; and (12) Any other pollutant that the city has determined the facility is discharging that contributes a substantial pollutant loading to the MS4. (c) If a type 2 facility does not have storm water discharges associated with industrial activity, the facility annually shall analytically monitor and analyze storm water 28 discharges from its facility during a representative storm event on an outfall-by-outfall basis for each of the following parameters: (1) Chemical oxygen demand; (2) Total oil and grease; (3) pH; (4) Any pollutants for which effluent limitations are imposed in the city's storm water permit for its MS4; and (5) Any other pollutant that the city believes the facility may be contributing to the MS4 or waters of the United States. Sec. 34-303. No exposure certification. In lieu of the monitoring required by section 34-302, a facility may submit once every five years a certification that raw and waste materials, final and intermediate products and by- products, material handling equipment or activities, industrial machinery or operations, or significant materials from past industrial activity are not presently exposed to storm water and are not expected to be exposed to storm water. If the facility is eligible for coverage under TPDES permit number TRX050000, the certification shall be on the form provided by TCEQ pursuant to TPDES permit number TXR050000. If the facility is not eligible for coverage under TPDES permit number TRX050000, the certification shall be on a form provided by the city. A facility that submits a certification pursuant to this section shall notify the city at least 14 days before changing operating or management procedures that would result in exposure of storm water to industrial activities, and upon such a change shall become subject to the monitoring requirements of section 34-302 of this Code. Sec. 34-304. Establishment of reporting thresholds. The city engineer shall establish a reporting threshold for every parameter for which monitoring is required of type 1 or type 2 facilities that do not have storm water discharges associated with industrial activity under this subdivision, which may be amended from time to time as deemed warranted by the city engineer. Sec. 34-305. Reporting of monitoring results. (a) If the results of any monitoring required by this subdivision: (1) Exceed a benchmark or effluent limitation in the NPDES or TPDES storm water permit for a facility that has storm water discharges associated with industrial activity, or 29 (2) Exceed the threshold established by the city engineer pursuant to section 34-304 for a facility that does not have storm water discharges associated with industrial activity, the owner and operator of the facility shall submit the results in writing to the city engineer within 30 days after conducting the monitoring. Failure to report the results of such monitoring shall constitute a violation of this article. (b) The city engineer may request in writing by certified mail, return receipt requested, the results of any other monitoring required by this division. The facility shall then submit the requested data in writing to the city engineer within 30 days after the date the city engineer's request is deposited in the mail to the facility. Sec. 34-306. Record retention. Each type 1 and type 2 facility shall retain the results of all monitoring required by this division and supporting documentation for three years. Sec. 34-307. Investigation, corrective measures, and additional monitoring. (a) If the results of any monitoring required by this division: (1) Exceed a benchmark or effluent limitation in an NPDES or TPDES storm water permit for a facility that has storm water discharges associated with industrial activity; or (2) Exceed the thresholds established by the city engineer pursuant to section 34-304 for a facility that does not have storm water discharges associated with industrial activity; the owner and operator of the facility shall investigate the cause of each exceedance and take appropriate corrective measures to eliminate each exceedance as soon as possible. The owner and operator shall notify the city engineer of the corrective measures that will be taken and a schedule for implementation. (b) The city engineer may require additional monitoring at a frequency to be determined by the city engineer to ascertain the effectiveness of any corrective measures taken pursuant to subsection (a). (c) Failure to undertake appropriate corrective measures to eliminate an exceedance within a reasonable amount of time as determined by the city engineer shall constitute a violation of this article. Secs. 34-308--34-319. Reserved. DIVISION 5. ILLICIT DISCHARGES AND CONNECTIONS 30 Sec. 34-320. Discharge to MS4 prohibited. (a) A person commits an offense if the person threatens to introduce, introduces, or causes to be introduced into the MS4 any discharge that is not composed entirely of storm water. (b) It is an affirmative defense to any enforcement action for a violation of subsection (a) that the discharge was composed entirely of one or more of the following categories of discharges: (1) A discharge authorized by, and in strict compliance with, an NPDES or TPDES permit (other than the NPDES permit for discharges from the MS4); (2) A discharge or flow resulting from fire fighting by the fire department if that discharge is not reasonably expected to be a significant source of pollutants to the MS4; (3) A discharge or flow of fire protection water if that discharge is not reasonably expected to be a significant source of pollutants to the MS4; (4) Water line flushing, provided that the water is not significantly chlorinated when reaching a receiving water; (5) Landscape irrigation; (6) Diverted stream flows; (7) Rising ground waters; (8) Ground water infiltration; (9) Infiltration (as defined in Section 35.2005(20) of Title 40 of the CFR) to separate storm sewers; (10) Pumped ground water; (11) Discharges from foundation drains; (12) Discharges from potable water sources, providing the water is not significantly chlorinated when reaching a receiving water; (13) Irrigation water; (14) Air conditioning condensation; 31 (15) Water from crawl space pumps; (16) Springs; (17) Lawn watering; (18) Discharges from footing drains; (19) Flows from riparian habitats and wetlands; (20) Non-commercial car washing (until such time as TCEQ issues a general permit for such discharges); (21) Pavement wash waters provided cleaning chemicals are not used (until such time as TCEQ issues a general permit for such discharges); (22) Dechlorinated swimming pool discharges; or (23) Materials resulting from a spill where the discharge is necessary to prevent loss of life, personal injury or severe property damage provided that the party responsible for the spill takes all reasonable steps to minimize or prevent any adverse effects to human health or the environment. (c) No affirmative defense shall be available under subsection (b) if: (1) The discharge or flow in question has been determined by the city engineer to be a source of a pollutant or pollutants to the waters of the United States or to the MS4; (2) Written notice of such determination has been provided to the discharger; and (3) The discharge has continued after the expiration of the time given in the notice to cease the discharge. Sees. 34-321-34-349. Reserved. 32 c REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 14. 2009 ADDroDriation Requested By: John Joerns, Asst. City Manager Source of Funds: N/A Department: Administration Account Number: N/A Report: Resolution: Ordinance: Amount Budgeted: N/ A Exhibits: Economic Development Strategic Plan Amount Requested: Nt '" Exhibits: Summary of Ha. Co. Tax Abatements Budgeted Item: Yes No Exhibits: Summary of City of La Porte Rxpired Tax Ahatements SUMMARY & RECOMMENDATION In January 2009, the City's guidelines for tax abatement expired. The Council was notified of the pending expiration and the recommendation to wait for completion of the Economic Development (ED) Strategic Plan before consideration ofre- establishing the guidelines or consideration of other incentives. The ED Strategic Plan has been completed and is included in your Council package. Suggestions for incentive policies are specifically included in pages 22-25. Recently, the City was requested to consider incentives for a warehouse development on Barbours Cut Blvd. The workshop is intended to discuss incentives and receive input and direction from Council. There is also an additional consideration regarding owner/applicants requesting incentives from Harris County's tax abatement program. Ha. Co. cannot participate in tax abatement unless the municipality also has an abatement program in place. However, as shown in the attachment, municipal incentives can vary from minimal to more aggressive (Le.! % -50+ %). . Taken as a whole, the Strategic Plan policy recommendations regarding incentives provide the following key points; -adopt guidelines that are competitive but protect the tax base -benefits should exceed public sector costs -geographic location within La Porte is a consideration -establish a framework for evaluating projects -consider Ch. 380 agreements for their flexibility and simplicity -incentives should not be front end loaded-rather based on agreed performance based criteria -for extraordinary opportunities reserve the right to craft unique incentives that offer exceptional economic impact or leveraging of other funds -recognize situations where exceptions to the policy may be favorable Our discussion should also include an applicant's access to Harris County's program which as noted above, requires a municipal abatement policy to be in place. Previous incentives utilized by La Porte include Industrial District Agreements, a Tax Increment Reinvestment Zone, a Public Improvement District, Tax Abatements, Foreign Trade Zones and a Chapter 380 Agreement. Action Reauired bv Council: omic Development incentives and provide staff with further direction. IJ !f) ft~ Date _1.~Ci '" """"~ .,.,j'/:;:"'" , n , Chapter 3: Strategic Plan y' " C l - \i, $':.;11/' & "- "~".. ft Filii ? ,Iff! " I , ~, , ; 1: t valanche CONSULTING . G~~~~~ 1601 D West 6th Street Austin,Texas 78703 (512)472-1555 i nfo@avalancheconsulting.net Table of Contents Acknowledgements... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 2 I ntrod uction... .. . ... ... ... ... ... ... ... ... ... .. . .. . .. . .. . ... .. . . .. .. . ... ... ... ... .. 3 Section 1: Community Development Policy Review................... 4 Section 2: Strategic Plan......... ...... ....................................... 17 Appendix: I ncentive Policy Example...... ...... ... ...... ...... ... ........... 35 Forward La Porte Economic Development Strategic Plan I 2009-2013 Acknowledgements Avalanche Consulting, TXP, and Gateway Planning would like to thank the City of La Porte's City Council, staff, and Economic Development Board for their tireless support throughout the course of this project. We would also like to recognize the input and support of the members of the project Steering Committee for setting aside their time and providing invaluable insight during the creation of this Economic Development Strategic Plan. Members of the Steering Committee included: Stephen Barr - Parks and Recreation Manager, City of La Porte Ron Bottoms - City Manager, City of La Porte Martha Gillett - City Secretary, City of La Porte Karen Gregory - Economic Development Director, CenterPoint Energy Gary Huffman - Plant Manager, Invista John Joerns - Assistant City Manager, City of La Porte Susan Muha - San Jacinto College District Russell Plank - Principal, National Property Holdings Jeff Suggs - Emergency Management, City of La Porte Tim Tietjens - Planning Director, City of La Porte Debbie Westbeld - Economic Development Coordinator, City of La Porte In addition, the project team greatly appreciates the many other community leaders who contributed insight during interviews and focus groups. Their input helped shape this plan. These individuals included: Katherine Aguilar, Resident Margaret Anderson, Main Street Advisory Board Nick Barrera, Planning & Zoning Commission Barry Beasley, La Porte EDC Board Member John Black, La Porte City Council Jerry Carpenter, Main Street Advisory Board Mike Clausen, La Porte City Council Chuck Dibala, Imperial Homes Dennis Dunham, Resident Chuck Engelken, La Porte City Council Mark Follis, Main Street Advisory Board Debra Gallington, Main Street Advisory Board David Janda, Planning & Zoning Commission Paul Larson, Main Street Advisory Board Hal Lawler, Planning & Zoning Commission Bill Love, La Porte EDC Board Member Ronda Lunsford, Main Street Advisory Board Shar Lynch, Main Street Advisory Board Georgia Malone, La Porte City Council Bill Manning, Jr., Main Street Advisory Board Ed Matuszak, Main Street Advisory Board J.J. Meza, TIRZ Board Member Tommy Moser, La Porte EDC Board Member Mike Mosteit, La Porte City Council Fred Muston, La Porte Heritage Society Pat Muston, La Porte EDC Board Member Bob Pizzitola Alton Porter, Mayor Louis Rigby, La Porte City Council Garson Silvers, Silvers Development Co. Adam Yanelli, Bayshore Sun Forward La Porte Economic Development Strategic Plan I 2009-2013 Introduction The economic development environment facing the City of La Porte and other Texas communities has changed significantly over the past twenty years. Economic development was once largely about corporate relocation and expansion, with cost considerations the driving force and the competition almost entirely domestic. Today, while competition from other communities has never been fiercer, there a variety of additional considerations shaping the overall competitive landscape. These factors include, but are not limited to: the influence that quality of place has on economic growth; the emerging role of the "creative class;" the convergence of retail, tourism, entrepreneurship, and industry in economic development planning; and globalization. La Porte has long been a center of commerce and industry, and its bayside location has attracted residents seeking a coastal lifestyle. The desire to refresh the city's appearance, build on its core assets, and continue to increase leisure opportunities inspired this economic development strategy. Local leaders recognize that quality of life is critical to helping local businesses and residents thrive. La Porte is home to many unique assets. Currently, some of those assets are not well linked or leveraged. Better connecting La Porte's historic downtown district, the renaissance of Sylvan Beach, and diversifying residents' leisure and job options can transform La Porte into one of the most desired destinations in the Greater Houston Area. Success is dependent on a well executed planning effort that can be implemented and sustained long into the future. Planning Process Crafting La Porte's economic development strategy involved large-scale community input. Through the course of this project, the consulting team interviewed 42 local leaders and surveyed more than 300 residents. Their input, combined with economic research, formed the platform on which the goals and recommendations in this plan were founded. The six-month planning process began in November 2008. Prior to this document, the consulting team provided city leaders with two reports that form the initial chapters of the strategy: a Community Assessment Report and a SWOT Analysis I Target Audience Report. Both reports were presented to the Steering Committee for review and finalized based on their comments. This final chapter of the strategy contains two sections. The first is a review of the City's community development policies. The second contains La Porte's economic development mission, vision, goals, and strategies. It is accompanied by an implementation calendar, estimated budget, and performance metrics. Forward La Porte Economic Development Strategic Plan I 2009-2013 A _ ___________________________________:~_:__::__~~=_=_:___=-_=-==;.l Section 1: Community Development Policy Review La Porte's New Opportunity - Place-Based Economic Development The Greater Downtown of La Porte offers a unique opportunity to link multiple destinations that serve a broad market. The prospects to grow synergistically two different kinds of retail markets (destination and local service), a tourism base and downtown living can establish La Porte as one of the best places in the Houston Region to live and visit. Sustainable development today means harnessing and coordinating real estate development, architecture, urban planning and public-private partnerships. The nature of economic development has changed, necessitating a review of current land use planning practices. Not so long ago, economic development was mostly focused on recruiting businesses to locate in your community. That is still important. But today, economic development has become firmly connected to place and the environment. "Quality of life" was once just a buzzword used as the calling card of the local neighborhood activist. As measured by the quality of our neighborhoods, our cities and our regions, quality of life has now become a bottom-line factor for many business decisions. Why? Business decisions continue to be driven by competition. And competition is more and more about recruiting the best talent-people who have the luxury of living and working wherever they desire. Accordingly, attracting the best and the brightest means that companies must also provide access to an attractive quality of life in addition to merely providing competitive compensation. Similarly, tourism has become a growing part of the economy, especially for those communities that can harness historical, local assets such as Sylvan Beach. The tendency towards more local spending because of the economy-rather than longer trips, and La Porte's location in the Greater Houston Region, position La Porte to draw tourists out of its own community and from those living within the larger region. This strategy takes advantage of the fact that economic development now is inextricably tied to sustaining quality of life, fundamentally creating the concept of sustainable economic development. A planning approach that takes advantage of this opportunity is the New Urbanism. The goal of New Urbanism is to remarry real estate development, architecture and urban planning. New Urban projects can include downtown redevelopment, infill and large-scale new growth in suburban greenfield locations. Based on time-tested neighborhood design principles, the New Urban approach to growth and development gained some traction in 1991. That year, the Local Government Commission, a California-based non-profit promoting healthy, walkable and resource-efficient communities, invited a group of urban architects to develop a policy for planning sustainable communities. Forward La Porte Economic Development Strategic Plan I 2009-2013 Named the "Ahwahnee Principles" after the location of their formal presentation to a group of public officials, these Principles include the supposition that "planning [should] form complete and integrated communities containing housing, shops, work places, schools, parks and civic facilities essential to the daily life of the residents." The Principles also call for a diversity of housing types and transportation options within each neighborhood. The environment plays a central role, too, as the Principles call for respect for the natural site conditions and the environmental resources of areas to be developed. At the regional level, the Principles call for connected greenbelts, the locating of civic infrastructure in downtowns as well as transportation networks built around both roads and transit. In terms of implementation, the document calls for comprehensive planning that is community-based. These principles provide support for the strategy of Sustainable Economic Development for La Porte: · Main Street is positioned to provide a community gathering place to anchor expanding residential urban living in the Greater Downtown. · Downtown La Porte has the opportunity to link this expanding opportunity for urban living to the natural assets of the area including the waterfront and the watershed corridors, providing natural linkages for the planned system of trails that in turn will enhance the ability to attract and sustain high quality downtown neighborhoods. Tnlls I}~.~..~~~~::~:.\~ eIi '-...k.i-~ Cit'\<, of l.a Porte , . --...... Pam &; Open Space Masterplan .IlJ..'..4Tfti1........,NM · This sustained living environment will then make service retail for tourists and neighborhoods more viable on Main Street and on key locations on Fairmont Parkway, providing a competitive advantage to attract even higher potential destination retail at SH 146 Forward La Porte Economic Development Strategic Plan I 2009-2013 The "new" in the New Urbanism is really just a new appreciation for more sustainable approaches to planning and development recognized by prescient leaders of earlier generations. Developer J.C. Nichols, a founding member of the Urban Land Institute (ULI), was one of them. Wayne Nichols, grandson of J.C. Nichols, says that the goal of his grandfather and his peers in planning "was to create beautiful communities-not subdivisions, not shopping centers-but long-term, integrated planned communities. They saw themselves as building human environments. Today, Nichols' strategies are used by those of us in town planning who recognize that place- making is the new frontline of economic development. When combined with the New Urbanism, the Community Builders' approach creates opportunities for real estate value capture. Critical to sustaining all business, value capture is fundamental to economic development. In the context of town planning and development, value capture recognizes that with each infrastructure investment some marginal improvement or marginal decline occurs in the value of the surrounding land. A second form of value capture recognizes that planning and implementing development under the same vision and set of rules over multiple parcels creates adjacency predictability and thus increasing value. This additional value created in terms of property tax revenue and sales tax revenue can then be captured through an expanded Tax Increment Financing District (TIF), empowerment zone, chapter 380, or other vehicles to provide sustainable funding streams for capitalizing and maintaining the needed infrastructure for Greater Downtown La Porte. The utilization of an enhanced, well funded infrastructure system for Greater Downtown will provide the basis for linking the key opportunities and destinations. In this context, it is critical that the street network for Greater Downtown makes it convenient and inviting for people to walk from destination to destination. The power of linking the Main Street Gateway, Five- Points, Sylvan Beach and the emerging retail at SH 146 and Fairmont will provide economic and market leveraging necessary to create increases in tax base to energize value capture for infrastructure. Forward La Porte Economic Development Strategic Plan I 2009-2013 ,.~}, L:~_ -"...... '-j (;~~;~\:.>~~::>: ,,\~ ~ ~p' ',j" :.' "."! [~~. ..1 It ~~~g[ '::'t~~~11 ~~ ,b, .,- ..-.ar U: iFbt ~:~i );: ':~\~ c,'- S ~l~ )-' 1'1 Downtown La Porte F ,[a :1, !~ l(tl~ 'c . 0 *;p:i1 'l. :b ] rJ"! ~Map p~Ei \ ,. ]! · W~l! FclnJIty21,2009 L,:l\Li \ _! tiii, ;c,., ~~ ~ ' Note: T\RZ botlndofy includes " ii' i 'X ,.:I;:i -"'-': ,tEl'], &~ ~~t~ y,\ \'~; \ 't~ I~'f( R.o.w 01: I ."Hi L'BJ ] . Main SInlet '.Ji '-" . Fairmont Pllwy :l ". k. \~:\\;::') (</, lr "=- . San JacinlD SInlet "" 'l/t;' :~:',: Vi' ;. , !." \\.~",! 'G li;~! !," tH'. ~-~ t'J i i \.'11/< ,,\"\:~~ &JJ ?II' . ,: "', ~i:i .. !:!)\,~;~~\~~i w~, Lt, :' \, \~J?, :Ii . ir:f.;!',:-f,[T::[ VIHX fF.\.' ':b;'~ .,; .~\ ... "" 0 ... .!=. !, ~- '\ '" i'~~;!'!J=!:Plr--\ f,'f ['(HZ)! i= &vahnr'h" : - ii_.: . LH"'lItI',' 'f~~I"'/ -.'''''....,1 .\_.........c "'"ltJl" ,~ -JIIII(", ,I' ~ Gatewa,y ,~ E.... ~iE!iLl!!Tn i:: 1'llInn",!G1I'"4' 1 A key link that can be facilitated by tax base value capture will be reinventing San Jacinto Boulevard. Reinventing the street as a safe, inviting pedestrian corridor will bring the emerging trail system to and from Sylvan Beach directly to the Main Street Corridor. The right-of-way of San Jacinto and the predominance of public ownership of adjacent parcels on the west side of the road can accommodate a dedicated trail as part of a reinvented cross- section. t=;tr ~ . i';:~~ ..' ~-~'_.A The key to value capture to support enhanced street infrastructure and other needed public amenities will be the creation of a de facto master developer environment across multiple parcels controlled by different owners within a given area. This de facto master developer environment is why downtowns create and sustain value over time. The chart below shows the difference between conventional single-use projects and development under value capture environments. Forward La Porte Economic Development Strategic Plan I 2009-2013 Figure 1. Financial Characteristics of Downtowns with Critical Mass (Bh.1e) versus Suburban J)evelopm~nt (iled) + -. * '-' ~ a: ~ = ~ !i :i 1 1 3 .. S 6 '1 8 9 10 II u 13 14 IS .6 1'1 18 19 10 TIme (years) SofUC8: CbristopMr B. ~ An:aJUa Umd Co. """ Robm C'-Ies LIISSBr. Co. The term "suburban development" (the red line) does not refer to the "where" but to the "how," in terms of the type of development. These projects are typically isolated and accessible only by driving to them, such as strip-commercial centers or single-use office complexes. In this Team's experience with town planning, we are finding that communities that both (i) leverage the infrastructure and transportation systems through value capture and (ii) use adjacency predictability through a de facto "master developer" environment are realizing value curves such as those depicted for downtowns (the blue line) in the chart above. "Empty-nesters" and young professionals can become key market targets for this strategy. They tend to have more disposable income and put less pressure on the costs of serving communities in terms of kids, social services, etc.. Attracting and maintaining empty-nesters is like attracting tourists. Empty nesters like to spend money; and their children only visit, lessening burdens on the local schools. Moreover, both empty-nesters and young professionals like to live in smaller lot homes, town homes and lofts. More dense in design, those residences tend to be much more efficient in terms of community services such as police, fire and the maintenance of utility systems. Accordingly, empty-nesters and young professionals are an important target market for any meaningful economic development strategy. Communities that attract empty-nesters and young professionals are also attractive locations for corporate investment. People like "cool" communities. So if a suburban community can use good design and value capture to create great places to live and work, those communities will have a competitive advantage in attracting a class of "knowledge workers," such as artists, Forward La Porte Economic Development Strategic Plan I 2009-2013 scientists and engineers, university professors and architects. This "creative class," the term Richard Florida-who penned two national bestsellers, The Rise of the Creative Class and The Flight of the Creative C/ass-coined, are the intellectual assets of the new economy. The mortgage crisis may be an early indication of why a New Urbanism strategy makes sense. Those communities that are not attractive to the broader market of living preferences are showing signs of potential long-term decline. In many locations around the country, those areas that offer only "cookie-cutter" housing (often times expensive, but homogenous) and only strip commercial at the major highway interchanges are facing higher foreclosure rates than mixed use centers and walkable downtowns. Accordingly, the key to La Porte sustaining its new economic development prospects will be a focus on the livability and sustainability of Greater Downtown. The key here will be activating a vision for downtown that will be embraced effectively by the market under a master plan implemented through responsive city policies and regulations. Some of the current policies and regulations support the recommended place-based economic development strategy, while others do not. Assessment of La Porte's Comprehensive Plan and Regulations to Implement New Economic Development Plan Generally, the Comprehensive Plan sets up support for the recommended place-based economic development strategy. The current code, however, would need to build on substantially the Main Street Overlay and Design Guidelines in order to implement walkable urbanism in Greater Downtown, the key to the initiative. La Porte's Comprehensive Plan provides support for the sustainable economic development strategy recommended herein. The City's pronouncement of the following principle sets the stage: "We have the ability and the resources to shape a more positive future. We do not have to accept a declining quality of life. By planning for the future and involving the entire community, we can maintain the qualities and make La Porte even better." The keys to utilizing walkable urbanism to anchor a new place-based economic development strategy are supported in the following comprehensive plan policies: "Encourage an active, vital downtown with a variety of uses" (Goal 4.4) "Provide an appropriate amount of land for various densities and types of residential uses and ensure the highest quality living environment" (Goal 4.5) "Develop a [pedestrian] network... through the La Porte area, including an interconnected system of paths, trails, lanes and routes (Goal 7.7) Forward La Porte Economic Development Strategic Plan I 2009-2013 "Meet the future housing needs in La Porte by providing for a variety of housing options" (Goal 9.2) "Preserve the integrity of existing neighborhoods and create livable and safe neighborhood environments" (Goal 9.6) · "Stabilize and improve the quality of neighborhoods and other areas of decline by attracting renewed private investment activity." (Goal 12.1) "Revitalize the City's historic downtown area" (Goal 12.2) "Revise existing ordinances and adopt new ordinances as necessary to implement the La Porte 2020 Comprehensive Plan Update." (Goal 13.5) The select policies implicitly recognize that linking destinations and quality neighborhoods is necessary to sustain quality of life and to create the base for the recommended economic development strategy. However, the following policies set up a possible conflict in terms of being able to make it convenient by walking to link neighborhoods to improved downtown destinations. "Protect Neighborhoods from encroaching incompatible development" (Obj.9.6.d) Amend the zoning ordinance to incorporate provisions regarding lot sizes, setbacks and buffering (Action 1) Use the Land Use Plan to protect existing neighborhoods from adjacent incompatible land uses (Action 3) These policies of buffering uses from neighborhoods are depicted in the following schematic. Forward La Porte Economic Development Strategic Plan I 2009-2013 FIGURE ,.. NEIGHBORHOOD PROTECTION STA.~1)ARDS La Port. 2020 C~.... Plm Update La P~, Texas \;vi /~ / i I I I iL I, I I -- -- ....--- ...... . ........ .. -.. I D c=:lr-.....,- ...10_ ------ Pagd-18 ..................................................................lA P"rte 1010 Comprehellsnoe Plfln llptltll# The resulting development under this current policy likely will result in more conventional development patterns, which will stunt the ability to transform the Greater Downtown into a walkable urban environment because the policy reinforces the following conditions, which tend to put development on the unsustainable "red" curve in the graph above. Forward La Porte Economic Development Strategic Plan I 2009-2013 Conventional Development · single use pods of development · buffers instead of transitions · lack of a transportation network · not pedestrian-friendly. so not transit-friendly · narrowly stratified market · planned obsolescence. so constructed accordingly · scrape. rezone and sometimes re-subdivide to redevelop · value drops when the intended use no longer viable G~~'y Specifically in regard to the Main Street and the Historic District east of Highway 146, the objective currently in the Comprehensive Plan of "neighborhood buffering" will make it difficult to implement good transitions to connect neighborhoods with high quality adjacent destinations. A better strategy will be to revise the land use plan through the creation of a Comprehensive Master Plan for Greater Downtown and corresponding performance-based regulations to facilitate good pedestrian connections and transitions between neighborhoods and commercial areas. The key is to rely on quality pedestrian transitions between uses, not buffers. The resulting development will take on the following characteristics, placing Greater Downtown on the sustainable "blue" curve on the graph above. Note that while this consistently holds true for La Porte's downtown and historic area, neighborhood buffering may be desired for some residential developments located west of Highway 146. These homeowners will expect a degree of buffering between their houses and surrounding industrial or heavy commercial uses. Forward La Porte Economic Development Strategic Plan I 2009-201 · mixed use Neighborhood Development · transitions instead of buffers · a network of transportation, encouraging choice · easy to walk · broad market (age. socio-economic. race, lifestyle) · planned to endure · change of use often times instead of redeveloping · value holds when the current use is no longer viable Gatewau """""'--;:) Additional policies make the development of a walkable linked downtown challenging. For example, the current land use plan does not provide for mixed use as indicated as critical to the strategy in the graphic above. Notwithstanding the Main Street Overlay, the current land use plan provides strictly for separated uses, again reinforcing the need for a new Master Plan for Greater Downtown. LEGEND "I j DlOWD"","",,~ _ IlII>HIGH 00<Sn'Y IWIIll1<1IAl _ ...........CIAL .~ mMMlXa.\.IANllUSTlUAL a~ _ IUIWC AND lNSl1M1UNAL _ PA.U.!- AND OI"EN JP'AO!- '.' lIl."Ya.i AM> PWIi$I1UAN TRAIL< . Pltorosm NflGftJkJlUtOOl)-pdi(,S . .....-r...>>....UMrY P.uu<! JIM) YIWl fLOOOfIL.A.l:N Forward La Porte Economic Development Strategic Plan I 2009-2013 The new approach underlying the need for a new master plan is somewhat reflected in the Main Street Overlay and Design Guidelines. Those regulatory vehicles establish the following: Main Street Overlay Allows mixed use: commercial and residential Creates urban pedestrian environment through build-to lines Substantially reduces off-street parking requirements · Main Street Design Program Establishes standards for awnings, signs and colors Both of these regulations provide a good starting point. However, they both should be refined, and the reach of the intent of the overlay should be expanded as discussed above. The Overlay supports mixed use, but it does not provide enough certainty of the form of the buildings and the transitions beyond Main Street. Similarly, the Design Standards provide aesthetic guidance such as color; but they do not provide enough guidance for architectural function such as storefront design and public space design. The key to creating a successful walkable Greater Downtown will be revising these standards to implement the recommended new comprehensive master plan for Greater Downtown with a higher level of detail that creates investment certainty from property to property and from street to street. See below for an example of the kind of regulatory performance-based approach that could take the initiative to the next level of quality development by providing more certainty of how buildings interact with public spaces for walkability and retail success. Dmt S, pttril1, 2009 D. GENERAL MIXED USE ZONE - IRON HORSE , i I~ :; ------e,,--------, .~ j't- I + --'-~,;e----' ~===-: Pmray Stn.eI Forward La Porte Economic Development Strategic Plan I A key to the success of Greater Downtown overall will be the proper design of streets so that they both support a well functioning street network for mobility; but so that they also complement walkable mixed use environments at the pedestrian-scale. The Comprehensive Plan policies support this approach: "Develop a [pedestrian] network... through the La Porte area, including an interconnected system of paths, trails, lanes and routes (Goal 7.7) "Maximize network continuity to provide for the free flow of people...." (Obj. 5.2.d) "Provide a safe and effective means to accommodate pedestrian traffic and prioritize sidewalk improvement areas based on type of street and adjacent land use (Goal 5.7) But the tools available in terms of support for streets design to accomplish these goals are in some sense in conflict with another comprehensive plan policy that states "[e]stablish a hierarchy of thoroughfare classifications that will provide for safe and convenient flow of traffic throughout the community" (Obj.9.6.d). The figure below shows the application of this policy of mobility to the street network of Greater Downtown. If the streets depicted below are designed strictly to move cars, they will not provide the kind of context that will support sustained investment in walkable urbanism, an underpinning of the place-based economic development recommendation herein. CitII,'\r:M- IIr,.\.JI.~riU.NnJtUti4~' 1 ~ o LEGEND I\f l~nltm"U$.~~mw"l' ", R.Mt<o."'flltOUJJ) J\t"{'l.1I urot,_" N fatXltAl' .unu.Lu. The potential refinement of the cross-sections implementing the thoroughfare plan, with the guidance of the new Manual for Walkable Urban Thoroughfares by the Institute for Transportation Engineers (ITE), will enable the effective marriage of the mobility needs of the Forward La Porte Economic Development Strategic Plan I 2009-2013 network and the adjacent land uses in Greater Downtown. Adopting these design practices will further support La Porte's new place-based economic development strategy. Forward La Porte Economic Development Strategic Plan I 2009-2013 Section 2: Strategic Plan This strategy was designed to address what is needed to generate sustained prosperity for La Porte through economic diversification and improvements in quality of life. Core Themes During the planning process, a number of themes emerged from discussions with stakeholders, economic analysis, input obtained from the community survey, and the SWOT analysis. Avalanche has grouped these major themes into broad categorize that capture the essence of where the City of La Porte should focus its economic development energy in the coming years. . Over half the employment base in La Porte (51.9%) is in the production sectors of manufacturing and construction, a much greater concentration than neighboring communities, Houston (17.2%), and the state as a whole (15.9%). La Porte's proximity to the Port of Houston and transportation infrastructure should enable future growth in the warehousing sector as well. While these sectors provide some counter- cyclical benefit, little new job growth is expected in the near future. . La Porte's location within Greater Houston is a blessing, and Houston area residents should be a primary target audience for economic development. By the same token, La Porte has a number of unique assets (such as Sylvan Beach) that help it stand out within the region and the state. . The community appears primed to support economic development. When asked as part of the community survey if they supported the statement that economic development success is defined as "Enhanced prosperity and quality of life for La Porte," 4 out of 5 respondents said "yes." . Unlike some communities that are struggling to revive their economies, La Porte is in an enviable position. A strong industrial base generates jobs and healthy tax revenue for the city. Despite recent fluctuations, the oil and gas sector will remain the dominant force in the La Porte economy. The challenge is to diversify in order to maximize the community's economic potential. . Downtown is a priority for near-term action. The downtown area has the potential to be a focal point for the community, both in terms of the day-to-day lives of local residents and as a significant element of the attractions that make La Porte appealing to both tourists and those relocating to the area. . Expanding the recreational and retail capacity of the community will serve both residents and tourists. In La Porte, entertainment, retail trade, and enhanced tourism amenities are valid targets for economic development. As an example, a destination Forward La Porte Economic Development Strategic Plan I 2009-201 retail/entertainment project not only attracts regional shoppers, but also helps stop retail leakage to neighboring communities. La Porte's Economic Development Mission and Vision A mission statement describes what the Economic Development Corporation is charged with doing throughout the duration of its existence. The mission of the La Porte Economic Development Corporation is to plan, provide, and promote economic development in the city of La Porte, Texas. A vision statement describes what the city of La Porte will look like in 20+ years from now as a result of the City's economic development activities. A doorway of commerce for the nation, La Porte, Texas, is a vibrant, historic city that offers a diversity of economic opportunity and a healthy coastal lifestyle for residents and visitors alike. Mission and vision statements serve as the cornerstone of an economic development strategy. All goals and tactics contained within the plan support the overarching vision of the city. La Porte's Economic Development Goals Avalanche Consulting created three goals that are critical to La Porte's ability to succeed in economic development and that move the city forward toward accomplishing its vision. These goals are both attainable (reachable outcomes that will require commitment) and sustainable (consistent with the long-term economic growth that does not harm the community's unique character). · Goal 1 - Adopt policies that encourage high quality development. · Goal 2 - Engage in an economic development marketing campaign that increases awareness and perception of La Porte to residents and the outside world. Forward La Porte Economic Development Strategic Plan I · Goal 3 - Implement the strategies in such as way that maximum flexibility and accountability are maintained. Forward La Porte Economic Development Strategic Plan I GOAL 1.0: Adopt pOlicies that encourage high quality development. To provide a more competitive environment to recruit new businesses, to increase tourism, to create a more attractive retail context and to expand the residential market in terms of variety and quality of housing types, the Consultant Team recommends the following package of steps to implement the place-based aspects of this new strategy: Strategy 1.1 - Develop a Comprehensive Master Plan for Greater Downtown that links key destinations and neighborhoods. A master plan is the business plan of a particular focus point within a community such as a downtown. City policy has been calling for a downtown master plan, understanding that the real potential of La Porte cannot be realized ad hoc. A downtown master plan must be seen not only as a planning tool that harnesses a vision to the opportunities at the street, block and building level; but also, the master plan becomes the policy framework going forward for a host of related issues such as infrastructure phasing, connecting key destinations, supporting catalytic projects and determining how best to invest the public-sector's limited resources. In short, the master plan becomes the basis for creating and sustaining economic investment in the context of creating a great place for people to live, work, visit, shop and play in Greater Downtown La Porte. The basic steps of the kind of master plan that is needed to realize the vision of downtown's renaissance includes the following: . Creating a block, street, public space and building level scale plan that respects and builds upon the existing fabric of downtown; . Creating a revised street network concept that balances pedestrian-scale development with good local access and regional mobility; . Identified catalytic development projects in the context of the master plan framework, including a integrated mixed use strategy to link the Sylvan Beach Park Plan with the remainder of downtown; . Undertake a fiscal impact analysis of the tax base impacts to determine the level of public revenue that would be realized over time; . Develop a priority and phasing plan for infrastructure; and Forward La Porte Economic Development Strategic Plan I 2009-2013 · Develop select renderings of key catalytic projects to provide a means to communicate effectively the goals of the master plan to the community, developers and future members of the City Council. All of these steps would be taken in the context of an integrated public process. Based on our evaluation of La Porte's assets and opportunities, as well as our review of current development policies, we strongly recommend that the Master Plan reflect the following direction: Develop and implement performance-based development standards beyond the Main Street Overlay and Design Guidelines to implement the new Master Plan, including refinement of street cross-sections to accommodate walkable urbanism. . Increase the boundaries of the TIF beyond the limited street rights-of-way within Greater Downtown to capture more value for needed infrastructure improvements for downtown. . · Reinvent San Jacinto as a walkable corridor with a trail to extend the reach of Main Street conveniently to Sylvan Beach. · Create a partnership with the Harris County to make the Sylvan Beach Park a true mixed use tourist destination, building on the impending investment in the Park. · Consider Fairmont Parkway as a means to bring the reach of future destination retail at the SH 146 Interchange into downtown towards (i) the intersection of Broadway and over to (ii) Sylvan Beach. · Preserve Broadway as a key connector street between the emerging gravity of Main Street and the reinvention of Fairmont Parkway. Strategy 1.2: Prepare the City for retail development. The key to aggregating land is to make protective acquisitions in the context of potential land swaps, infrastructure coordination and potential city-initiated rezoning to protect long-term destination retail opportunities. Retail Development: Main Street and Fairmont Fairmont developed as the new location for the relocation of some key destinations that once were anchors for Main Street, the seat of government, the post office, etc. In addition, new retail sprung up on Fairmont, while Main Street's declined. Today, La Porte has the opportunity to have complementary retail in both locations. Main Street offers a place well suited for entertainment, fine dining, neighborhood cafes and boutique shopping. On the other hand, Fairmont has developed as a place for auto- oriented retail that is not necessarily a good fit for the pedestrian and tourist-focus emerging on Main Street. The two can become a symbiotic opportunity to offer the full range of retail needed to make any livable downtown a success. Forward La Porte Economic Development Strategic Plan I 2009-2013 Strategy 1.3: Ensure that the City has appropriate tools to finance and incentivize quality economic development. Tactic 1.3.1: Adopt incentive policv auidelines that are competitive with other reaions while protectina the tax base. Before offering a prospect an incentive package, La Porte should conduct a cost-benefit analysis to determine the potential value of the project to the community. As part of this process, La Porte should be able to answer a number of general questions about each project: . Would this project happen absent the provision of incentives? . What is the opportunity cost of the incentive (in other words, what alternative uses of these resources are foregone by supporting this project)? . How much economic activity will occur because of the project? . What is the total present value of the incentive package? . How much will it cost the city to adequately service (e.g., utilities, public safety, etc.) the project during its construction and operational phases? . What will be the environmental impact? . What return can government expect in terms of tax revenues from the project? Beyond the questions outlined above, La Porte should consider adopting the following policy guidelines. Policy Guideline #1: Benefits should exceed costs, even after incentives are granted. Except in extraordinary situations, the public sector should not be willing to "go upside down," meaning that tax revenues must exceed public sector costs. This may appear obvious, but many communities do not accomplish this goal because they do not correctly measure the costs and benefits. For other communities, the challenge is to balance immediate jobs creation with long-term tax revenue required to provide city services. La Porte is in a unique position because of its large industrial districts and high percentage of workers who commute to the area for work. For La Porte, what counts as success is linked more closely with quality of life projects rather than strictly job creation. This translates into La Porte being more selective about which projects to incentivize. The success measures for La Porte should focus on: 1. Total tax revenue generated, with emphasis on sales tax revenue 2. Industry sector diversification (retail trade or business/professional service firms) 3. Geographic location within La Porte Forward La Porte Economic Development Strategic Plan I 2009-2013 Evaluation Framework Based on discussions with local economic development stakeholders and professional expertise and experience, the project team has created a preliminary framework (Scoring System) by which La Porte can assess the impact of future projects. This process not only allows evaluation of projects, but also provides guidance on the level of incentives that the community might ultimately offer. Our approach strives to offer competitive incentives to important projects while protecting the community's unique position and cultural heritage. The Scoring System is an approach that uses points for each of the major criteria discussed in the next section. This Scoring System evaluates both the traditional (economic impact) and non-traditional (quality of life) elements of the project. These point values are for illustration, and should be refined as La Porte sees fit. Table 1: Preliminary Scoring System OveraUEconomic and Fiscal Impact Minimal Acceptable o 10 Character of Jobs Poor/Minimal Acceptable Good o 10 15 Connection to Economic O$velopmentFocps Areas Unconnected Acceptable Good o 10 20 Additional Contribution to Community Vitality Minimal Acceptable Good o 10 15 Good 20 Excellent 30 Excellent 20 Excellent 30 Excellent 20 Total Possible Points 100 Bonus Points for Desired Development Location In DowntownlSylvan Beach Corridor Policy Guideline #2 Projects with a score between 70-100 may qualify for return of up to 50% of the net present value of the estimated total tax liability, minus direct city and or county costs, for a term that may be as long as 10 years. Projects with a score between 50-70 may qualify for up to 30% of the net present value of the estimated total tax liability for a term that may be as long as 10 years. Projects that score 50 and below do not qualify. In addition, tax revenue returned will not exceed 80% of the total tax liability in any single year. Forward La Porte Economic Development Strategic Plan I 2009-2013 Scorinq Svstem Factors Economic/Fiscallmpact and Character of the Jobs La Porte's primary considerations when evaluating whether or not to offer an incentive package is the potential aggregate economic and fiscal impact on the community and the character of the jobs to be created. Standard questions asked when evaluating firm-based incentives requests may include: · What is the absolute size of the net benefit (economic and fiscal)? · Is the firm a headquarters operation? Does it represent the "headquarters" of a new product line/service for the firm? · Is the firm growing? Is the firm in a growing industry? How stable is the firm? · Does the project represent a significant enhancement of the local tax base over and above the economic impact (Le., a new entertainment/lodging facility that can choose whether or not to locate in the city limits)? · Will the project make a disproportionate demand on the community's environmental and infrastructure resources? Policy Guideline #3: Chapter 380 of the Texas Local Government Code, due to its flexibility and simplicity, is likely to be the preferred vehicle for any financial incentive agreement between La Porte and a potential recipient. Within this structure, sales taxes, property taxes, and other fees paid by the company could be eligible to be included in the agreement, although all should be returned, rather than waived/abated. Property taxes can be an incentive for existing space as well. For end-user purchase, La Porte can offer to structure an agreement that returns, on a performance basis, the taxes that accrue based on the incremental growth of the property over time. The same process could be applied to end-user tenants, since commercial/industrial leases can be written as "triple net," where the tenant directly pays the cost of taxes, insurance, and utilities. What this structure does is to insure that La Porte covers its costs before offering incentives, while essentially forgoing the right to use the "profit" from the firm to cross- subsidize residents (as with utilities, commercial property taxpayers tend to provide a disproportionate share of revenue). At the same time, the community (and the city) gain in a number of additional ways, such as economic activity in the form of jobs and spending plus additional tax revenues. Policy Guideline #4: Financial incentives should not be "front-loaded." Rather, the community should set an incentive policy based on returning taxes and/or fees paid by a company upon execution of a specific set of agreed-upon performance criteria between the applicant and the City. Forward La Porte Economic Development Strategic Plan I 2009-2013 Standard economic development practice has moved toward using performance- based standards to safeguard the public interest in incentive agreements. The extent of the incentive(s) to be offered could be a substantial percentage of the net gain to the community, as measured by the expected tax revenue gains minus direct costs, and the community should be aggressive in working with companies and projects that meet the criteria established. However, the return of these funds must be performance-based, and must occur after the funds have been paid initially to the City. Policy Guideline #5: La Porte should reserve the right to craft a unique incentive package in the case of extraordinary opportunities for economic development in La Porte. These may include cases with: 1) exceptionally high levels of economic impact as measured by investment, jobs, or tax revenue; or, 2) opportunities to leverage significant funds from other public sector jurisdictions, for example federal or state sources. Inevitably, there will be situations that should be exceptions to the policy guidelines outlined above. This guideline provides some indication about the conditions under which an exception should be made, and acknowledges that overall policy must be flexible. The Appendix of this report contains an example of an incentive policy in action. Tactic 1.3.2: Create soecific incentive strateaies for Svlvan Beach. Main Street. and a new retail center. These three areas of focus likely will each require additional elements beyond those outlined in the incentive policy above. For example, Harris County is a significant stakeholder in Sylvan Beach, and policy & plans for its redevelopment and/or reuse should reflect their cooperation and participation. Some tools that could facilitate the revitalization of Main Street and the development of the retail site(s) are already in place (such as the TIRZ). These may need to be modified or augmented (through boundary expansion, regulatory reform, etc.) Forward La Porte Economic Development Strategic Plan I 2009-2013 GOAL 2.0: Launch a coordinated economic development marketing campaign that increases awareness and perception of the community to the outside world. Economic development entails both capacity building and marketing. Capacity building improves a community's readiness for its target audiences. As addressed in Goal 1 , master planning and changes to City policies will greatly contribute to La Porte's capacity for economic development. Marketing alerts a community's target audiences of a city's interest in them and its ability to serve their needs. The mix of audiences vary from city to city. Many traditional economic development programs market to industry, encouraging those businesses to relocate or expand into the city. In La Porte's case, local industry is strongly dominant. The community has overwhelmingly stated its desire for economic development to prioritize quality of life enhancements, specifically in four areas: 1. Beautification 2. Downtown 3. Sylvan Beach 4. Retail La Porte's marketing audiences are those that will complement these objectives and be attracted to the city as a result. As discussed in Chapter 2: SWOT and Target Audiences, Avalanche Consulting highly recommends the following four targets: . Tourists. La Porte should focus on attracting day visitors from the Greater Houston area. · Hospitality Businesses. As La Porte invests in its tourism amenities, hospitality businesses become a natural target. Full service restaurants are a prime target immediately. Long-term, small grocers, wellness businesses, art studios, and bed and breakfasts will fit well in La Porte. · Real Estate Developers. Several of the larger projects under consideration by the city should involve a real estate development company. · Retailers. Ensure that the city has the appropriate infrastructure and policies in place to attract retailers. Big retail centers will require a sizable, shovel-ready property. Niche retailers, such as the type that would locate in the Main Street District, along Fairmont, or in neighborhood centers, need attractive space, quality control, and assurance of adequate local demand. In addition, the City should also remember that La Porte's residents and businesses are also audiences for the economic development campaign. Forward La Porte Economic Development Strategic Plan I 2009-2013 In this strategy, marketing recommendations are organized within two topics. The first topic, "external marketing," provides recommendations related to La Porte's push to draw its target audiences into the city. The second topic, "internal marketing," offers the City and its partners recommendations for bolstering collaboration and building widespread community awareness of positive development. Accomplishing this goal will require participation and support of many organizations in La Porte in addition to City government. Within each strategy, Avalanche Consulting has listed tactics required for implementation. Strategy 2.1: Organize and launch an external marketing campaign. Tactic 2.1.1: Develop and adopt a marketina plan based on the recommendations of this Strateaic Plan. The City's marketing capacity must improve if it is to achieve its long term vision. The purpose of Goal 2 is to provide La Porte with a framework for engaging in an economic development marketing campaign. The following tactics outline the core principles of the marketing plan. Tactic 2.1.2: Brand and market the downtown district. In concert with the Master Plan, the City should package the entire downtown district within a single brand identity. Naming the area will go a long way toward creating a sense of place. The downtown district would include the geography defined within the Master Plan and all of the amenities within. The specific name should incorporate aspects of La Porte that are well known outside of the city and have universal appeal. We recommend the City adopt "Historic Sylvan Beach" as the umbrella brand, and adapt that brand to each specific amenity. This concept is illustrated below: Historic Sylvan Beach District Historic Sylvan Beach Main Street Historic Sylvan Beach Gateway Historic Sylvan Beach Plaza Historic Sylvan Beach Walkway Historic Sylvan Beach Shops Forward La Porte Economic Development Strategic Plan I 2009-2013 The City should incorporate the name into gateways and signs within the district. Mock ups of what signage could look like are provided to the right. Finally, working with the Main Street Advisory Board and Coordinator, the City should develop marketing materials to help promote the district, including: . Historic Sylvan Beach District website - a standalone website should be created that features all amenities within the district. Model the website on best practices of other communities such as Long Beach, California (www.visitlonqbeach.com). Raleigh, North Carolina (www.qodowntownraleiqh.com). and Annapolis, Maryland (www.visitannapolis.orq). . Historic Sylvan Beach District brochure - a printed brochure highlighting amenities and containing a map of the district. The brochure may be mailed to prospects and distributed at various establishments around La Porte. . Historic Sylvan Beach District newsletter - a printed newsletter that is distributed 1-2 times per year, showcasing new business activity, developments, and events happening within the district. . Historic Sylvan Beach District advertisement - an advertisement that can be used across a variety of publications in the Greater Houston area (see Tactic 2.1.3 for suggestions on which media should be considered). Tactic 2.1.3: Market La Porte to tourists. La Porte has a long history as a tourist destination. Long before industry came to town, visitors from across the state flocked to Sylvan Beach and Main Street. The entire Ship Channel area contains interesting historical sites, including the San Jacinto Monument. The Economic Alliance Houston Port Region, an economic development organization headquartered in downtown La Porte, is spearheading an initiative to package regional attractions within one tour. This program, called "Project Stars," is another basis for visitor traffic into and around La Porte. Forward La Porte Economic Development Strategic Plan I 2009-2013 La Porte doesn't need to travel far from home to find tourists. Greater Houston's 5+ million residents is a large enough market to fuel day travelers for years to come. The key will be honing in on populations that will be the "early adopters" of the new tourism push. These individuals will view La Porte as a diamond in the rough, and feel personally involved in the rediscovery of La Porte. They will also be the city's best word of mouth marketing agents as the campaign kicks off. They are: . Residents of other historic, gentrified neighborhoods in Greater Houston, including the Houston Heights, Boulevard Oaks, Broadacres, Independence Heights, Westmoreland, and the Old Sixth Ward, to name a few. . Board members, members, and investors of the Houston Preservation Alliance . Board members, members, and investors in the Houston Heritage Society . Alumni of La Porte High School living in Greater Houston Advertising the Historic Sylvan Beach District in neighborhood association newsletters, particularly those targeted above, will be an affordable way to reach these individuals. In addition, offer to host membership meetings or special events in La Porte that include a tour and lunch. As tourism traffic increases and buzz builds, La Porte can extend its tourism promotion to more mainstream audiences. Place Historic Sylvan Beach District brochures and advertisements at venues such as: . San Jacinto Monument Visitor Center . San Jacinto College . Hotels and attractions in and around the Bay Area . La Porte Municipal Airport . Houston Hobby, Ellington, and Intercontinental Airports . The Houston Chronicle's travel section, both print and online editions Longer term, as the district establishes itself, position City leadership and the Main Street Coordinator as thought leaders on the topic of downtown redevelopment. Speak at community planning, downtown association, and historic organizations across the region and state, citing La Porte as a successful model for other communities. Tactic 2.1.4: Market La Porte to culinarv related institutes and businesses. The City's goal of attracting visitors and enhancing quality of life could be greatly supported by additional culinary activity located in the downtown district, including: . Culinary academy - A culinary academy anchored in the historic district would be the impetus for establishing La Porte as a visitor destination in the region. Not only would it draw a daily stream of students into downtown, but it would also spark the growth of niche retail and hospitality businesses. Forward La Porte Economic Development Strategic Plan I 2009-201 . Farmer's market - Buying locally produced, organic food is a nationwide trend, but La Porte residents have little if any access to these products. Currently, the closest farmer's market is located more than 10 miles outside of the city. Interviews and surveys conducted for this Strategic Plan indicate demand for a farmer's market. The City should examine the possibility of hosting a market in downtown La Porte. . Specialty grocers - Residents express great concern about the availability of grocery stores in the city. While attracting a major national grocery chain to La Porte may take several years, the city is ripe for specialty grocers. . Wine merchants - Similar to specialty grocers, wine merchants are a natural fit in a culinary environment. These merchants could sell bottles of wine, serve wine, and host classes. . Restaurants - Independently owned or local restaurant chains are desirable for the downtown district. While La Porte has a good number of restaurants, it currently lacks variety. A cluster of culinary activity will uniquely position La Porte as a destination for visitors from neighboring communities as well as fill a need for local residents. It will complement other attractions in the city, such as Sylvan Beach, burgeoning niche retail, cruise ships, and a trail system that draws cyclists and other sports enthusiasts. To start, develop a list of culinary academies, specialty grocers, wine merchants and restaurants to target in this marketing campaign. Think small and regional chains versus national big box retailers. Next, create marketing tools that express La Porte's specific advantages for culinary businesses. These tools may include a brochure, a web page on the downtown website, and a series of advertisements for placement in specialty publications. Tactic 2.1.5: Market La Porte to commercial real estate developers. Once complete, La Porte's Master Plan will identify specific catalyst projects that will heighten the city's ability to accomplish its economic development vision. These projects will likely require participation from real estate developers. The Master Plan itself will serve as a valuable marketing tool for the city when communicating with development companies. It will provide a platform for conversation and illustrate to investors how their project will securely fit within the city's long term commitment to capital improvements. As the Master Plan is being designed, the City should create a database of commercial developers located in the Greater Houston area, as well as national firms whose niche matches La Porte's. Invest in marketing tools to use when reaching out to contacts. These materials should include: Forward La Porte Economic Development Strategic Plan I 2009-2013 . A webpage or section within the City's website that provides details about the Master Plan and the catalyst projects contained within . A brochure and PowerPoint presentation that summarizes the Master Plan Once marketing materials are completed, start a phone call campaign designed to schedule one-to-one with developer contacts to inform them of opportunities in La Porte. As these relationships develop, host a Real Estate Day in which Greater Houston area developers tour La Porte to learn firsthand about opportunities and catalyst project locations. This half-day event could include a brief presentation about the community, a brief tour of sites and community assets, and a golf tournament. Provide guests with printed materials about the Master Plan, a map of the region, and a community profile. Approach them as experts brought in to help the City refine versus sales targets. Tactic 2.1.6: Market La Porte to retail develooers. The survey conducted for this project revealed that increasing retail shopping options is a top priority. Per capital taxable retail sales in La Porte were $1,844 in 2007, which is significantly lower than neighboring cities Deer Park ($4,220), Texas City ($4,561), and Bay town ($7,024), and Harris County as a whole ($5,938). La Porte needs to capture a higher level of spending by residents, but first it must attract retailers to start up or expand into the city. Although most retail developers have sophisticated approaches to site selection, and are primarily driven by population demographics, it is beneficial to build relationships with these businesses. In addition, as discussed in Goal 1 , La Porte must prepare adequate sites and development policies to meet the needs of retailers. The International Conference of Shopping Centers (ICSC) is the shopping center industry's global trade association. It has 65,000 members, which include shopping center developers, owners, managers, investors, lenders, retailers, and marketing specialists. ICSC's Texas Conference and Deal Making event occurs every fall in San Antonio. The conference attracts major companies such as Applebee's, Chipotle, Fed Ex, Hastings, JC Penney, Staples, Starbucks, and The Container Store. Almost every major commercial developer is also present. Once prepared for retail, the City should attend and exhibit at ICSC. The current cost to register is $250 for members and $460 for non-members. Exhibit space ranges in cost from $350 to $2100. As with developers, la Porte should invest in marketing materials to address its retail audiences. Dedicating a webpage within the City's website to retail opportunities, sites, and sales points is an important step, as is having appropriate printed collateral for use in sales meetings and at conferences. Forward La Porte Economic Development Strategic Plan I 2009-2013 Strategy 2.2: Engage in internal marketing to increase community awareness of the City's economic development initiative. Internal and external marketing activities should be equally balanced in terms of time and financial commitment. Internal marketing is essential to successful economic development. Companies want to locate in places that exhibit a spirit of teamwork. It assures outsiders that the city is friendly, welcoming, and will work together, and residents feel personally involved in economic development Tactic 2.2.1: Share the results of the final Strategic Plan with the community. With more than 40 individuals participating in interviews and 300 in the public survey, La Porte's residents have contributed time and energy into the creation of this Strategic Plan. It is important that they experience the results of their hard work. . Share the Strategic Plan with the Bayshore Sun. Encourage the Sun to develop a series of articles over a period of several weeks that feature various topics covered herein. . Host a roll out event in which project team members speak about the Strategic Plan. . Include a flyer about the Strategic Plan in City utility bills. . Working with La Porte Independent School District to distribute information about the Strategic Plan to parents and teachers. Tactic 2.2.2: Formalize a communications function within City Qovernment. Ensure La Porte's residents are kept updated on City activities. Create a communications officer position or reorganize so that a current staff member(s) has time and authority to implement this recommendation. The person should be responsible for: . Writing and distributing media releases on a regular basis about City activities . Hosting a series of events in which City leaders visit with civic groups about economic development activities . Continuing to post current news stories and the community hotline on the City's website . Continuing to produce newsletters and annual reports that highlight top stories and assure residents that the City cares about their interests . Alerting the Economic Alliance, Bay Area Houston Partnership, and Greater Houston Partnership about economic development in La Porte Forward La Porte Economic Development Strategic Plan I 2009-2013 . Ensuring the City, economic development, and Historic Sylvan Beach websites are kept up-to-date . Overseeing the design and production of collateral materials . Ensuring all City marketing activities, including those related to economic development and the Historic Sylvan Beach District, are consistent in appearance and messaging . Conducting an annual survey of residents to gauge perception and concerns related to La Porte's economic development While these responsibilities may be handled by a single individual or divided across several departments, each is important to maintaining a positive information flow between City government and the public. This will help stem misinformation and generate a sense of goodwill. Forward La Porte Economic Development Strategic Plan I 2009-2013 GOAL 3 Implement the strategies in such a way that maximum flexibility and accountability are maintained. From the outset, this plan was designed in such a way that the priorities led to clear implementation actions. The goals, strategies, and tactics within this plan will be carried out by the City of La Porte with cooperation from the Economic Development Corporation and the Main Street Advisory Board. However, successful implementation will require energy and coordination from the entire community. Of foremost importance to economic development success is to accept that not everyone in the community will agree with every tactic in this strategy. Through interviews and surveys, we can say without question that almost everyone in the city agrees to the tenets on which this strategy was developed. Improving La Porte's quality of life is residents' number one priority. Beautification, Sylvan Beach, and Downtown redevelopment are critical components of this initiative. City leaders and residents should not lose sight of these goals and should let them guide decisions. The second factor of economic development success is to keep policies flexible, geared toward accomplishing La Porte's long term vision versus reacting to daily crises. To accomplish this, the public sector will have to: . Provide an overall planning context (a master plan) and funding for key catalyst projects (e.g., Sylvan Beach and infrastructure improvements). . Ensure that policies related to land use should be focused on performance rather than function. Focus on how the structure interacts with other elements of the built environment, as opposed to what is going on inside the building per se. . Adopt an incentives policy that provides guidance to potential recipients as to community priorities and goals while not being overly specific as to the type of firm or project that is eligible. Include a system for grading a project's eligibility that is based on the project's contribution to City vision and goals. Judgment should be a key part of the evaluation process. . Focus on context and adjust this Plan as needed to facilitate market-driven evolution of speCific activities. Finally, this strategy is an active document that should be updated and adapted to new economic circumstances. The City should incorporate the Plan's Implementation Guide into staff management and evaluations. At least once a year, adjust the Implementation Guide to include new projects and remove those that have been accomplished. In doing so, this Strategic Plan can live well beyond its three-year timeframe. Forward La Porte Economic Development Strategic Plan I 2009-2013 Appendix Forward La Porte Economic Development Strategic Plan I 2009-2013 Incentive Policy Example Mixed Use Project New Urban Builders plans to bring a mixed use project to the downtown La Porte/Sylvan Beach corridor. The plan is to build 105,000 square feet of retail/entertainment, a 100 room hotel, 45,000 square feet of office uses and 175 housing units, of which 75 will be owner- occupied priced between $155,000 and $275,OOO/unit, with the balance multi-family rental. The City will spend $375,000 in infrastructure extensions. Minimal Acceptable 0 10 Poor/Minimal Acceptable 0 10 Unconnected Acceptable 0 10 Minimal Acceptable 0 10 Good 20 Good 15 Excellent 20 Good 20 Excellent 30 Bonus Points for Desired Development Location in Downtown S Ivan Beach Corridor 15 Project Score: 85 (qualifies for up to 50 percent tax incentive) Forward La Porte Economic Development Strategic Plan I 2009-2013 Proiect Details Taxable Annual Sales Number of FTEs Average HourlyWage Average Annual Wage Total Annual Payroll Taxable Hotel Revenue Value of Property, etc Payroll Growth Factor Sales Growth Factor Value of PlantlEquipm ent Growth Factor Hotel Revenue Growth Factor Discount Rate Present Value of Fiscal Benefits - No Incentives Estimated Direct City Costs Present Value of Fiscal Benefits - With Incentives Present Value of Public Costs Present Value of Net Benefits - With Incentives Value to City as Percentage Example Abatement Schedule Direct Year La Porte Cost Timing Year 1 80% 50% Year 2 80% 25% Year 3 65% 25% Year 4 65% 0% Year 5 65% 0% Year 6 65% 0% Year 7 10% 0% Year 8 5% 0% Year 9 5% 0% Year 10 5% 0% " " " " " " " $28,875,000 150 $12 $24,000 $3,600,000 $3,832,500 $56,875,000 " " ... ... 3% 3% 3% 3% 5% ... ~ . ... $375,000 $5,371,194 $344,590 $5.026,604 50.4% Forward La Porte Economic Development Strategic Plan I 2009-2013 Harris County Tax Abatements (information from the Bay Area Houston Economic Partnership) ECONOMIC DEVELOPMENT TAX ALLOWANCE Up to 10 years Up to 50% reduction in property taxes Available for up to 10 years Requirements: o A minimum of 25 jobs must be created o There must be a minimum of a $lM capital investment o Application fee of $1/000 o A municipal abatement program of some kind must be in place · Abatement can be for any amount for any amount oftimel and does not have to be complex (see City of Webster below) · Industrial districts count Participants have 3 years to meet the minimum requirements; if the requirements are not met abatements must be paid back. The three years are part of the 10 year maximum. City of Webster-Abatement Program The City of Webster has a four-year abatement program that is organized as follows: Year 1 no abatement Year 2 5% property tax abatement Year 3 5% property tax abatement Year 4 no abatement LEED CERTIFICATION ABATEMENT Three levels: Silver/Gold/Platinum; each level gives an abatement of a different percentage on a sliding scale Must maintain LEED Certification 10-year program-if a company defaults there is no requirement to pay back No job requirement No municipal requirement HISTORIC SITE RESTORATION ABATEMENT Building must have been standing since 1929 (NOTE: This year does not change as time goes by-it's always 1929) Abatement is on property taxes on the site of the building Building must be designated "Historic" by the Texas Historical Commission Abatement is for the life of the Historic designation No job requirement TIRZ ABATEMENT For low-income and/or underdeveloped areas Geographically designated Building must have a clear public purpose 12/8/2009 City of La Porte. Texas Tax Abatement EXPIRED The City of La Porte, Texas offers tax abatement to qualifying businesses that provide an overall economic benefit to the City. The following summarizes the criteria for establishing a reinvestment zone and the related tax abatement. Oualifvine: Criteria Authorized Facility Manufacturing Research Regional Distribution Regional Entertainment Research & Development Minimum Capital Investment 1,000,000 1,000,000 1,000,000 1,000,000 500,000 Minimum Jobs Created/Retained 10 10 10 10 5 Term & Level of Abatement for Creation/Retention of Jobs: Years 1- 3* 4 5 6 7 -10 * Includes construction 25 Jobs 100% 80% 60% 40% 20% 10 Jobs 50% 40% 30% 20% 10% 5 Jobs up to 100% not to exceed 5 years Elie:ible Items Buildings, structures, fixed machinery and equipment, site improvements plus office space and related fixed improvements necessary to operation and administration of the facility. Inelie:ible Items Land, inventories, supplies, tools, furnishings, and other forms of movable personal property, vehicles, vessels, aircraft, housing, hotel accommodations, deferred maintenance investment, property to be rented or leased (requires specific approval), property with an economic life less than 15 years, other miscellaneous property. Exceptions Tax abatements will not be considered within any Industrial District or Tax Increment Reinvestment Zone. For more information, please contact the City Manager's office at 281-471-5020 or citymanage1@laportetx.gov D REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 14. 2009 Bude:et Tim Tietjens Source of Funds: N/A Requested By: Department: Planning Account Number: Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Current Sie:n Ree:ulations for Main Street Districts Amount Requested: Exhibits: R-O-W Sie:n Clarification Policy for Main Street Budgeted Item: YES NO_ Exhibits On-Premise Sie:n Clarification Policy for Main Street SUMMARY & RECOMMENDATION A workshop has been suggested to discuss existing sign provisions within the Zoning Ordinance and the administering thereof. Action Required bv Council: IJ- j,. t~ Date . ., LA PORTE CODE (~ (1) Po ble signs removed by the city in accordance with this article shall b afely and securely sto by the city. Portable signs removed and stored by the city m~ e redeemed by their owner up the payment of a storage fee established by the city;ouncil and listed in appendix A. Signs t redeemed from storage may be sold bYZhe city . ~ accordance with laws regulating sale of aba oned property. . . (m) Nothing in this ar . Ie shall be construed as a)Y iver by the city on the penal enforcement of this chapter. TR remedies provided in t is article shall be in addition to, and not cumulative of, other remedies e city might hav as allowed in this chapter and state law. (Ord. No. 1501-Z, ~ 6, 12-22-97) Temporary political signs placed fa e duration an election campaign shall riot be subject to the requirements of this chapte except that: (1) No political sign ahal e placed within a sight tri Ie or in a manner which will affic hazard. . (2) No political si shall be placed on or over a public right-o unused, au' lty easement or on utility poles. (3) All port Ie signs used for political advertising shall be anchored in a sner which will event their being blown about by a strong wind. political signs shall be removed no later than ten days after the election for w ~. ch they were placed. In the case of run-off elections, political signs may remain in place no longer than ten days following the run-off. Ord. No. 1501-Z, S 6, 12-22-97) Sec. 106-873. Political signs. c_ ~ Sec. 106.874. On-premises signs. -*' (a) Freestanding on-premises signs. (1) General provisions. a. These regulations shall apply to freestanding signs only. b. Multiple reader panels mounted on a single base shall be considered to be a single sign. c. For the purposes of this section, a multitenant building shall be considered to be a single establishment and shall be restricted to freestanding advertising signage in accordance with the regulations governing such signs. d. Separate buildings located on a single piece of property may be considered to be separate business establishments with each building being eligible for freestand- ing advertising in accordance with these regulations. .c. The number of on-premises freestanding non advertising signs intended to direct traffic and not exceeding six square feet in size shall not be limited by this section. lj Supp. No.1 CDI06:104 ZONING ~ 106-874 ( f. On-premises real estate signs are allowed and shall be exempt from all other provisions of section 106-874. * (2) R-l, R-2, R-3, and MH districts. a. One freestanding identification sign is permitted for townhouses, multifamily developments, gJ.'oup care facilities, subdivisions, education and religious facili- ties. b. For a bed and breakfast facility one sign not exceeding three square feet in area and nonilluminated shall be allowed, This sign may be either mounted on the building or located in a landscaped portion of the yard. c. For a home occupation facility one sign not exceeding two square feet in area and nonilluminated shall be allowed. This sign shall be mounted flat against the wall of the principal building. d. The size of the sign may not exceed 150 square feet. e. There are no minimum yard setbacks. f. The maximum height is 45 feet. *' (3) CR, NO, and GO districts. a. One freestanding advertising sign shall be permitted for each side of a commer- cial establishment which fronts on a developed right-of-way. b. The following size limitations apply: 1. Freestanding signs for single tenant buildings: 150 square feet. 2. Freestanding signs for single tenant buildings in a controlled access corridor: 300 square feet. 3. Freestanding signs for multitenant buildings: 350 square feet. c. The following minimum yard setbacks apply: 1. When not adjacent to residentially zoned property, there are no minimum setbacks. 2. When adjacent to residentially zoned property, there al'e minimum side and rear yard setbacks of five feet. d. The following height limitations apply: 1. Freestanding signs: 45 feet. e. Freestanding signs in a controlled access corridor: 65 feet. * (4) Bl, LI, and HI districts. a. One freestanding advertising sign shall be permitted for each side of a commer- cial establishment which fronts a developed right-of-way. b. The following size limitations apply: 1. Freestanding signs for single tenant buildings: 150 square feet. Supp. No. 11 CD106:105 ~ 106-874 LA PORTE CODE ~- ( 2. Freestanding signs for single tenant buildings in controlled access corridors: 300 square feet. 3. Freestanding signs for multi-tenant buildings: 350 square feet. c. The following minimum yard setbacks apply: 1. When not adjacent to residentially zoned property, there are no minimum setbacks. 2. When adjacent to residentially zoned property, there are minimum side and rear setbacks offive feet. d. The following height limitations apply: 1. Freestanding signs: 45 feet. 2. Freestanding signs in controlled access conidors: 65 feet. ~ (b) Attached on-premises signs. (1) General provisions. a. One attached sign per building wall may be displayed for each occupant or use on the premises. b. These regulations do not apply to building addresses or supplemental signs for ( the purpose of identifying the apartment buildings or units. * (2) R-I, R-2, and MH districts. a. The size of the sign may not exceed three square feet. b. No portion of the sign may have a luminous greater than 200 footcandles and may not move, flash, rotate or change illumination. * (3) R-3, OR, NO, GC, BI, LL and HI districts. a. The cumulative size of the signs may not exceed 15 percent of the wall area. b. Iflocated closer than 50 feet to an R-I, R-2, or MH district, the sign may not flash and must be designed so that it does not shine or reflect light into adjacent residences. c. One attached canopy sign may be displayed. Such sign shall not exceed 30 percent of the canopy area. Such sign must be contained within the physical limits of the canopy and shall not extend above or below the canopy. ;It (4) MS distlicts. a. The cumulative size of the signs may not exceed 25 percent of the wall area. b. Iflocated closer than 50 feet to an R-I, R-2, or MH district, the sign may not flash and must be designed so that it does not shine or l'eflect light into adjacent residences. l~ Supp. No. 11 CDI06:106 (-~ ~ (, ZONING ~ 106-875 c. One attached canopy sign may be displayed. Such sign shall not exceed 30 percent of the canopy area. Such sign must be contained within the physical limits of the canopy and shall not extend above or below the canopy. (Ord. No. 1501-Z, ~ 6, 12-22-97; Ord. No. 15 0 1-AAAA, ~ 6, 10-11-04) )f Sec. 106-875. Off-premises signs. (a) Off-premises freestanding advertising signs may be erected in the BI, LI, and HI zoning districts. (b) Off-premises freestanding public service signs may be erected in the GC, BI, LI, and HI zoning districts. (c) All off-premises signs shall be constructed with a single steel support pole. Supp. No. 11 CD106:106.1 ----- r, '-. City of La Porte, Texas Planning Department Policy Effective 10/20/09 Policy to Clarify Signage Requirements within the Right-of~Way (W. Main Portion of Main Street Overlay Only - E. Main is still TxDot Jurisdiction) #P2009-006. Purpose: To ensure consistent, safe application of acceptable signage encroachments within the right-of-way ofthe Main $treet Overlay District and to address proposed signage and rebuild ability of existing signage. Timing: Interim until replaced by Sylvan Beach Downtown Master Plan or subsequent plan. Policy: Allow installation of signage that complies with the following requirements. (NOTE: New freestanding signs in R-O- W shall NOT be allowed) 1) Applicant submits sign request application to Inspection Services Division (ISD). Submittal (with or without request for city funding participation) shall include required documentation noted on the application. 2) ISD logs submittal and forwards to plan review. C 3) For sign request without request for city funding participation, plan review staff utilizes approval criteria to issue a permit. Permit notes identifies compliance with Policy #2009-006. 4) For Sign request with request for city funding participation, plan review staff provides submittal packet to Chief Building OffiCial (CBO). A) CBO coordinates DART meeting Vlrith Planning Department Coordinator. B) DART reviews submittal to ensure proposed sign complies with city criteria. C) Upon approval, DART signs Main Street Sign Compliance Certificate. Permit is authorized for issuance. iliote: Ifnot approved, applicant receives list of submittal deficiencies.) D) Owner provides ISD with copy of paid invoice and requests sign "final" inspection. E) Final inspection passes. .F) ISD updates Compliance Certificate accordingly. F) ISD staff forwards copy of paid invoice and Approved Certificate to Main Street Coordinator for processing of participation funds. Date: 1[1]- Z{)- 09 {- S:\City Planning Share\04-INSPECTIONS DMSION\1nspections\Sign Policy for MSO R-O- W.doc c. ( '-, o -d City of La Porte, Texas Planning Department Policy Effective 10/20109 On-Premise Sign Clarification Policy for Main Street District (Main Street Overlay and District). #P2009-007. Purpose: To ensute consistent enforcement on replacement of existing on-premise free-standing signage within the Main Street Overlay and Main Street District. Timing: Until replaced. Policy: Allow installation of on-premise monument Of ground signs for businesses that have a current on-premise, free-standing sign, Tills authorization is in addition to the existing attached on-premise sign regulations [Zoning S. #106-874(b)(4)]. The replacement shall be allowed when the property owner/tenant can comply with the following requirements: 1) Replacement shall only be allowed for businesses that have a pre-existing, nonconforming free-standing on-premise sign. . 2) The replacement sign shall be a monument or ground sign that does not exceed eight feet (8') in height from the ground to the top ofthe sign. (liote: In accordance with S. l06-878(b) (2), signs not exceeding 8' in height do not have to be engineered) 3) A city permit shall be required -prior to any replacement. 4) Replacement authorization shall require the property owner/tenant to eliminate any sign/visibility non-conformities that may currently exist with their free-standing sign. 5) A city approved sign design and replacement may be eligible for city participation under the Main Street Incentive Reimbursement Grant funds. ~b~ Date: l()~ 20--09 S:\City Plann~ng Share\04-lNSPECITONS DIVISION\Inspections\Sign Policy for On-Premise in MS.doc 12 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: December 03. 2009 Budl!et Requested By: D. Wilmore Source of Funds: Department: Planning Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Amount Requested: Exhibits: Highlight Memo on Inspection Division Activities Budgeted Item: YES NO Exhibits: Exhibits SUMMARY & RECOMMENDATION Attached is a staff report highlighting Inspection Division activities. I;'/;o);~ Date Memo To: From: CC: Mayor and City Council Debbie S. Wilmore, Chief Building Official Ron Bottoms, City Manager; John Joems, Assistant City Manager; and Tim Tietjens, Director of Planning 12/3/2009 Date: Re: Highlight Memo on Inspection Division Activities The following is our monthly report on some of the highlights of the Inspection Services Division. Signage within public rights-of-way · Through the years code enforcement staff has routinely dealt with illegal placement of bandit signs within our rights-of-way (medians, road shoulders, between sidewalk/street surfaces and on telephone poles). Following Hurricane Ike, we saw a big influx of sign violations and management asked that a "sign roundup" be performed. · Utilizing both inspection and code enforcement staff, signs were documented and picked up daily until the town was clean. The roundup identified 629 illegal signs of which staff picked up 605 of them. The remaining 24 signs were too high for staff to reach and those addresses were forwarded to a PAR officer for assistance in coordinating their removal. Dangerous Buildings · Demolition of 8 buildings in our last dangerous building group has been completed. These buildings included a combination of residential and non-residential buildings. · Included in this group were Ike damaged homes, fire-damaged homes, an old apartment building by our new town plaza and an old office building at South 3rd and "A" Street. The South 3rd building was purchased by the city and demolished to make room for a future fire station development.