HomeMy WebLinkAbout2010-10-11
MINUTES OF REGULAR MEETING AND PUBLIC HEARING
OF THE LA PORTE CITY COUNCIL
October 11, 2010
1. Call to order
The meeting was called to order by Mayor Rigby at 6:00 p.m.
Members of City Council Present: Councilmembers Tommy Moser, John Zemanek, Mike
Clausen, Chuck Engelken, Daryl Leonard, Jay Martin, Mike Mosteit and Mayor Rigby
Members of Council Absent: John Black
Members of City Executive Staff and City Employees Present:
City Manager's Office: Ron Bottoms, John Joerns, Stacey Osborne and Melisa Boaze
Legal: Clark Askins
City Secretary's Office: Martha Gillett
Finance: Michael Dolby
Planning: Tim Tietjens, Masood Malik, Brian Sterling, Peggy Lee, Rodney Slaton and
Debbie Wilmore
Police Department: Chief Ken Adcox, Ron Parker, Yvonne Stanley and Chris Paige
Public Works: Steve Gillett
Fire: Mike Boaze
Purchasing: Jeana Masterson and Susan Cream
Parks and Recreation: Stephen Barr and Marlene Rigby
EMS: Ray Nolen
Human Resources: Heather Weger
Others Present: Dottie Kaminski, Karen Rigby, Constance Marquis, Earnest Rankin,
Bridgett Rankin, Claire Rouner, Rich Rouner, Chris Lemmings, Leslie Guzman, David
Shehid, Vicki and James Woodard, Joe Garcia, John Mata, Jeanne Zemanek, David
Janda, Mrs. Janda, Horace Leopard, Father Rickles, Richard Warren, Mr. and Mrs. Rosa,
Jackie Joerns, John Blakemore, Phillip Ferguson, Wayne Christensen, Gail Martin, Ted
Powell, Debra Gallington, Mary Lee Nolley and Mr. and Mrs. Villarreal.
2. The Invocation was given by Father Rickles.
3. Mayor Rigby led the Pledge of Allegiance.
4. Presentations/Proclamations
A. Presentation - Mayor Rigby read the biography of Assistant City Manager John Joerns
and presented Mr. Joerns with a plaque acknowledging his years of service with the
City and honoring his upcoming retirement.
Minutes of Regular Meeting and Public Hearing of La Porte City Council on October 11, 2010
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B. Presentation - Mayor Rigby and Councilman Moser presented Assistant City Manager
John Joerns with a plaque acknowledging his dedication to providing housing in La
Porte North-Side Community in conjunction with Habitat for Humanity.
5. Petitions, Remonstrances, Communications, Citizens and Tax Payers wishing to address
Council on any item posted on the agenda (Limited to five minutes)
David Janda addressed Council in support of "Transparency & Technology: Broadcasting
City Council Meetings Online".
Phillip Ferguson - 1105 Oak Creek Dr. - thanked Council for the sidewalks but also noted
education on bicycle and transportation safety is needed. Informed the Council he
supports Safety Town.
Tony Villarreal - 3903 Barracuda - provided Council with a handout and informed Council
of his concerns with Port of Houston pollutants and emissions. He noted a number of
citizens were also attending the meeting in sharing his concerns.
John Mata - 7110 Greenwood pt. Dr., Cypress, Texas - informed Council he opposes
item 6b and encouraged the City to review all codes.
6. Consent agenda - Any item may be removed by a Councilperson for discussion.
A. Consider approval or other action of minutes of Regular Meeting, Public Hearing
and Workshop Meeting of La Porte City Council held on September 27, 2010 -
M. Gillett
B. Consider approval or other action regarding an ordinance amending Chapter 82
"Buildings and Building Regulations" by adopting the 2009 editions of building,
plumbing, fuel gas, energy conservation, and mechanical codes with local
amendments - (Ord. 3280) - D. Wilmore
C. Consider approval or other action approving the Chapter 172 Employees Retiree
Insurance and Benefits Committee recommendation to renew medical
administration agreement with Aetna - H. Weger
D. Consider approval or other action awarding bid # 10032 for Flume/Sheet Flow
Drainage Project Construction - T. Tietjens
E. Consider approval or other action regarding an ordinance authorizing the City
Manager to execute Agreement Letters between La Porte EMS and companies
located within the Battleground Industrial District for emergency medical services-
(Ord. 3281) - R. Nolen
F. Consider approval or other action regarding an ordinance authorizing a contract
between the City of La Porte and the Association of Bayport Companies, Inc. for
Minutes of Regular Meeting and Public Hearing of La Porte City Council on October 11, 2010
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emergency medical services in the Bayport Industrial District - (Ord. 3282) - R.
Nolen
G. Consider approval or other action regarding an ordinance approving and
authorizing a contract between the City of La Porte and the Port of Houston
Authority of Harris County, Texas for emergency medical services at the Barbour's
Cut Terminal- (Ord. 3283) - R. Nolen
H. Consider approval or other action awarding bid # 10038 for the Fleetwood Drive
Street and Drainage Project - S. Gillett
I. Consider approval or other action authorizing the City Manager to execute a
contract with LJA Engineering for design of the Main Street Waterline
Replacement Project - S. Gillett
J. Consider approval or other action authorizing the City Manager to execute a
contract with LJA Engineering for design of the Bay Area Boulevard Waterline
Extension - S. Gillett
K. Consider approval or other action authorizing the City Manager to execute a
contract with R & B Group Inc. for 25th Street Water Plant Improvements - S.
Gillett
L. Consider approval or other action regarding an ordinance authorizing the Mayor to
approve an Interlocal Agreement between the City of La Porte and Harris County,
Texas to include a bicycle-pedestrian pathway in the Sens Road Roadway
Improvements Project - (Ord. 3284) - S. Barr
M. Consider approval or other action regarding a change order for Iifeguarding
services during the 2010 swim season - S. Barr
N. Consider approval or other action regarding an ordinance amending the City of La
Porte 2010-2011 Fiscal Year Budget - (Ord. 3285) - M. Dolby
O. Consider approval or other action authorizing an Interlocal Agreement with Harris
County, Texas for Circulator Bus Service in La Porte (Ord. 3286) - R. Bottoms
P. Consider approval or other action regarding an ordinance authorizing the
execution of a mutual termination of tax abatement agreement providing for the
payment of abated 2007 and 2008 ad valorem taxes to La Porte (Ord. 3287) - C.
Askins
a. Consider approval or other action regarding an ordinance ratifying the City
Manager's reappointment of Civil Service Commission position - (Ord. 3288) -
Mayor Rigby
Minutes of Regular Meeting and Public Hearing of La Porte City Council on October 11, 2010
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Mayor Rigby noted the minutes need to be changed to reflect that item I was voted on
separately rather than item H.
Councilmember Zemanek noted the word forensic audit needs to be removed from the
minutes.
It was the consensus of Council for these changes to be made to the minutes and noted
the City Secretary make the changes.
Council had questions on items A, B, D, E, F, G, H, K, Land O.
Council voted separately on items B, D
On item D, Council requested staff notify the citizens one more time through formal letters
and personal visits to the residence. Staff was directed to ensure the citizen's had a visual
of the final outcome of the project on their property. In addition, Council requested staff to
find out if the City of Deer Park's Drainage Master Plan will have an adverse impact on the
City of La Porte.
Staff was directed to bring back pricing to do all of the projects underground.
Assistant City Attorney Clark Askins read the following ordinance captions:
Ordinance 3280 - AN ORDINANCE ADOPTING NEW BUILDING CODES
(INTERNATIONAL CODE COUNCIL) BY AMENDING CHAPTER 82 OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING CHAPTER 82, "BUILDINGS
AND BUILDING REGULATIONS", ARTICLE II "BUILDING CODES," SECTION 82-31
"ADOPTION" AND SECTIONS 82-32 "RESIDENTIAL CODE AMENDMENTS" AND 82-33
"BUILDING CODE AMENDMENTS"; ARTICLE III "PLUMBING CODE" SECTION 82-66
"ADOPTION" AND SECTION 82-67 "AMENDMENTS"; ARTICLE V "FUEL GAS CODE",
SECTION 82-381 "ADOPTION" AND SECTION 82-412 "ADOPTION" AND SECTION 82-
413 "AMENDMENTS"; ARTICLE VII "MECHANICAL CODE', SECTION 82-441
"ADOPTION" AND SECTION 82-442 "AMENDMENTS"; 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 THOUSAND
DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 3281 - AN ORDINANCE APPROVING AND AUTHORIZING AGREEMENT
LETTERS BETWEEN THE CITY OF LA PORTE AND COMPANIES LOCATED WITHIN
THE BATTLEGROUND INDUSTRIAL DISTRICT, FOR EMERGENCY MEDICAL
SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Minutes of Regular Meeting and Public Hearing of La Porte City Council on October 11, 2010
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Ordinance 3282 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND THE ASSOCIATION OF BAYPORT
COMPANIES, INC., FOR EMERGENCY MEDICAL SERVICES, MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 3283 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT
BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY
(BARBOUR'S CUT TERMINAL) OF HARRIS COUNTY, TEXAS FOR EMERGENCY
MEDICAL SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 3284 - AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY FOR
DESIGN AND IMPLEMENTATION OF A PEDESTRIAN PATHWAY TO BE INCLUDED IN
PROPOSED ROADWAY IMPROVEMENTS FOR SENS ROAD, ACCORDING TO THE
TERMS OF THE AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 3285 - AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET
FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2010
THROUGH SEPTEMBER 30, 2011; FINDING THAT ALL THINGS REQUISITE AND
NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID
BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE HEREOF.
Ordinance 3286 - AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR FIXED
ROUTE BUS SERVICE WITH COMPLEMENTARY PARATRANSIT SERVICES IN THE
CITY OF LA PORTE, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 3287 - AN ORDINANCE APPROVING AND AUTHORIZING A MUTUAL
TERMINATION OF TAX ABATEMENT AGREEMENT, BETWEEN THE CITY OF LA
PORTE, PACKWELL, INC., AND PORTER ROAD VENTURE, L.P., MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 3288 - AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS,
COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A
SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Minutes of Regular Meeting and Public Hearing of La Porte City Council on October 11, 2010
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Motion was made by Council member Enqelken to approve items A, C and E throuqh Q on
the consent aqenda as presented. Second by Councilmember Mosteit. Motion carried
unanimously.
Ayes: Engelken, Martin, Clausen, Mosteit, Moser, Leonard, Zemanek and Mayor Rigby
Nays: None
Abstain: None
Absent: Black
Motion was made by Councilmember Mosteit to deny the approval of item B and bring
back an item in the future to approve the Uniform Code. Second by Councilmember
Leonard. The motion carried.
Ayes: Engelken, Martin, Mosteit, Moser, Leonard, Zemanek and Mayor Rigby
Nays: Clausen
Abstain: None
Absent: Black
Motion was made by Council member Zemanek to table item D until the next meetinq.
Councilmember Zemanek withdrew his motion and discussion was held.
Motion was made by Council member Zemanek to table item D until the next meetinq.
Second by Councilmember Moser. The motion carried.
Ayes: Engelken, Martin, Mosteit, Moser, Leonard, Zemanek and Mayor Rigby
Nays: Clausen
Abstain: None
Absent: Black
7. Consider approval or other action regarding an ordinance appointing members to various
City of La Porte Boards, Commissions, and Committees as desired - (Ord. 3289) - Mayor
Rigby
Mayor Rigby presented summary and recommendation and answered Councils' questions.
Assistant City Attorney Clark Askins read Ordinance 3289, AN ORDINANCE APPOINTING
MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY
OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Clausen to approve Ordinance 3289 and appoint
Councilmember Zemanek to the Drainaqe Committee. Second by Councilmember
Enqelken. Motion carried unanimously.
Ayes: Engelken, Martin, Leonard, Mosteit, Moser, Zemanek, Clausen and Mayor Rigby
Minutes of Regular Meeting and Public Hearing of La Porte City Council on October 11, 2010
7
Nays: None
Abstain: None
Absent: Black
8. Public Hearing - Discuss proposed amendments to Chapter 106 "Zoning" of the Code of
Ordinances allowing shipping containers as assessor structures in Large Lot (LL)
residentialJ General Commercial (GC)J Business Industrial (BI) and Light Industrial (L1)
zoning districts - T. Tietjens
Mayor Rigby opened the Public Hearing at 7:36 p.m.
Planning Director Tim Tietjens presented summary and recommendation and answered
Councils' questions.
Public Input: Marylee Nolley had questions/concems regarding containers being used as
housing structures.
Tony Villarreal had concerns with exceptions to rules during emergency situations such as
a hurricane.
Norma Elliot - requested the City to consider just painting containers rather than having to
have a structure built on the outside.
John Nolley - noted concerns with pitched roofs being required.
Recommendation of Planning and Zoning Commission - The Planning and Zoning
Commission recommended approval with a 6-0 vote.
Mayor Rigby closed the Public Hearing at 8:13 p.m.
9. Consider approval or other action on recommendation of Planning and Zoning
Commission to approve an Ordinance amending Chapter 106 "Zoning" of the Code of
Ordinances by amending Section 106-751 to allow shipping containers as accessory
structures in large Lot (L1) residentialJ General Commercial (GC), Business Industrial (BI)
and Light Industrial (L1) zoning districts - (Ord. 3289) - T. Tietjens
Assistant City Attorney Clark Askins read Ordinance 3290J AN ORDINANCE AMENDING
CHAPTER 106 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE BY AMENDING ARTICLE IJ "IN GENERAL"J SECTION 106-1, DEFINITIONSJ
ARTICLE V, "SUPPLEMENTARY DISTRICT REGULATIONS"J DIVISION 2J
"ACCESSORY BUILDINGSJ USESJ AND EQUIPMENT', AND SECTION 106-751J
"SHIPPING CONTAINERS", TO ALLOW THE USE OF SHIPPING CONTAINERS AS
ACCESSORY STRUCTURES IN CERTAIN ZONING DISTRICTS; 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
Minutes of Regular Meeting and Public Hearing of La Porte City Council on October 11, 2010
8
EXCEED TWO THOUSAND DOLLARS ($2,000); PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Council member Mosteit to approve Ordinance 3290 as presented.
Second by Councilmember Enqelken. Motion carried.
Ayes: Engelken, Martin, Mosteit, Zemanek, Clausen and Mayor Rigby
Nays: Moser and Leonard
Abstain: None
Absent: Black
10. Consider approval or other action authorizing the Mayor to send Independent Accountant's
Report on Town Plaza Project to Harris County District Attorney for review - Mayor Rigby
Fiscal Affairs Committee Chairman Engelken provided the Council with a report and noted
they are recommending the audit report be sent to the District Attorney for review so they
may issue an opinion. The Fiscal Affairs Committee further recommended the City follow
the recommendations for policy changes suggested by the audit firm.
Motion was made by Councilmember Enqelken to approve Mayor filling out complaint form
and sendinq it to the District Attorney's Office for review and issuance of opinion. Second
by Councilmember Leonard. The Motion carried.
Ayes: Engelken, Martin, Mosteit, Zemanek, Moser, Leonard, Clausen and Mayor Rigby.
Nays: None
Abstain: None
Absent: Black
11. Receive Report from La Porte Development Corporation Board - Chairman Chuck
Engelken
Chairman Chuck Engelken provided a report from the La Porte Development Corporation
Board.
12. Receive Monthly Drainage Report from Staff - S. Gillett
Public Works Director Steve Gillett provided the monthly Drainage Report.
The next Drainage Committee Meeting will be held on November 1, 2010 at 6:00 p.m.
13. Administrative Reports - R. Bottoms
October 7, 2010 - Plaza by the Bay Fall Series - Molly and the Ringwald's - 7 p.m. -
10:00 p.m.
October 11,2010 - City Council Meeting - 6:00 p.m.
Minutes of Regular Meeting and Public Hearing of La Porte City Council on October 11, 2010
9
October 14, 2010 - John Joerns Retirement Celebration - Town Plaza - 5:00 p.m. - 7:00
p.m.
October 21, 2010- Plaza by the Bay Fall Series - Open Mic - 7 p.m. - 10:00 p.m.
October 21, 2010 - Harris County Mayor & Council Association Dinner - Hotel Derek -
6:30 p.m.
October 22, 2010 - Commissioner Garcia Open House John Phelps Courthouse Annex-
10 a.m. -12:00 p.m.
October 25,2010 - City Council Meeting - 6:00 p.m.
October 26 - 29,2010 - Annual TML Conference and Exhibition - Corpus Christi, Texas
October 28, 2010 - Plaza by the Bay Fall Series - Fall Bazaar - 7 p.m. - 10:00 p.m.
Mayor Rigby informed Council the evaluation forms for City Manager Ron Bottoms are due
back to him on October 21,2010.
14. Council Comments: Zemanek, Leonard, Engelken, Clausen, Martin, Moser and Mayor
Rigby
A. Matters appearing on agenda
B. Recognition of community members, city employees, and upcoming events
C. Inquiry of staff regarding specific factual information or existing policy
15. Executive Session - pursuant to provision of the Open Meeting Law, Chapter 551, Texas
Government Code, Sections 551.071 through 551.076, 551.087 (consultation with
attorney, deliberation regarding real property, deliberation regarding prospective gift or
donation personnel matters, deliberation regarding security devices, or excluding a
witness during examination of another witness in an investigation , deliberation regarding
economic development negotiations)
16. Considerations and possible action on items considered in executive session.
There was no action taken in executive session.
17. Adjournment
Being no further business, the meeting was duly adjourned at 8:37 p.m.
Respectfully submitted,
Minutes of Regular Meeting and Public Hearing of La Porte City Council on October 11, 2010
Yfl~~/fdd/
Martlia Gillett, TRMC
City Secretary
10
d approved on this 25th day of October 2010.
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() e P J na nee f)? () " eo!
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 11.2010
Budl!et
Requested By: D. Wilmore
Source of Funds:
Department: Planning
Account Number:
Report: X Resolution:
Ordinance:
X
Amount Budgeted:
Exhibits: Recommendation Memo from Board
Amount Requested:
Exhibits: Code Review Comments
Budgeted Item: YES NO
Exhibits
Ordinance
SUMMARY & RECOMMENDATION
Staff reviewed the 2009 Code Editions (Residential, Building, Plumbing, Fuel Gas, Energy Conservation and
Mechanical Code). New code books, existing local amendments and typed comments on the codes were provided to
the Building Codes Appeals Board. The codes were subsequently reviewed and discussed by the Board.
At their August ] 7, 20] 0 meeting, the Board voted to recommend adoption of the 2009 Code Editions with local
amendments as noted in the report. Attached is the Board recommendation memo and typed comments.
On September 27,2010 Council held a workshop on the Board recommendation and code amendments. At that
meeting, staff was directed to move forward with a code adoption ordinance.
In accordance with past practices, the ordinance was developed with a delayed implementation period to allow for
mail notification to contractors as well as updating of divisional handouts and the website. The ordinance has an
effective date of January], 2011.
onsid r approval or other action on the ordinance adopting the 2009 Code Editions with loca] amendments
/0 ! ~ ( 10
Date
Memo
To: Honorable Mayor and City Council
From: Tom Campbell, Chairman of the Building Codes Appeal Board
CC: Building Codes Appeals Board Members; Debbie S. Wilmore, Chief
Building Official; Tim Tietjens, Director of Planning; Ron Bottoms,
City Manager
Date: 10/4/2010
Re: Building Codes Adoption with Local Amendments
As in past practices, staff reviewed the 2009 Code Editions (Residential, Building,
Plumbing, Fuel Gas, Energy Conservation and Mechanical Code). Staff's typed
comments were subsequently reviewed and discussed by the Board.
At our August 17, 2010 meeting, the Board voted to recommend adoption of the
2009 Code Editions with local amendments as attached to this report.
The Board recommends Council support the adoption of the 2009 Edition of the
construction codes with local amendments as outlined in this documentation. We
recommend a minimum 60-day implementation date to allow mail notification to
contractors as well as updating of plan review, divisional handouts and the website.
Thank you.
REVIEWCOMMENTS. 2009 EDITION
The following review comments do not include all of the city's local amendments. If an existing
amendment was not affected by the respective code book, it was not referenced for review.
Note: The National Electrical Code (NEC) is not part of this review. Its adoption is under Sect.
#82-336 and code editions are reviewed separately.
For your convenience, amendments that have a proposed change are higWighted in yellow.
Residential Code Amendments.
Section R105.2 Work Exemptfrom Permit. Deletion of Building Permit Exemption #10 (decks).
Requires permitfor deck due to zoning placement criteria.
Table R30 1.2(1) Climatic and Geographic Design Criteria. Establishment of criteria in
accordance with table shown.
WIND DESIGN SUBJECT TO DAMAGE FROM WINTE
SEISMIC Frost R
GROUND DESIGN Line DESIGN ICE BARRIER FLOOD AIR MEAN
SNOW Speed "dO Topographic CATEGORY Weathering Depth Termite TEMP UNDERLA YMENT HAZARDS FREEZING ANNUAL
LOAD (mph) effects Ok" "f" "a" "b" "e" "eO REQUIRED "h" "go INDEX "I" TEMP)"
4-9-87
11-6-96 1500 or
0 120 No A N 12" VH 32" No 6-18-07 less 67"
Section R301.2.1.2 Protection of Openings. Section requires window and garage door glazed
opening protection for windbome debris. Require installation of garage doors that
meet 120 mph windspeed to be requiredfor new construction onlv.
Section R313 Automatic Fire Sprinkler Systems. Deletion of entire section (Sections R313.1
thru R313.2.1). Deletion in accordance with S.B. 1410, Sect. 12 which prohibits a
municipality from enacting an ordinance requiring the installation in a new or existing 1 & 2
family dwelling.
Appendix G, Swimming Pools, Spas, and Hot Tubs provisions are hereby adopted as part of this
code edition adoption. Appendix was not adopted with previous code edition, this
amendment is required to adopt at this time.
Code Comments Con't....
Page 2
Buildine: Code Amendments.
Section 101.4.1 Electrical. The provisions of the National Electrical Code along with local
electrical amendments shall apply to the installation of electrical systems, including alterations,
repairs, replacement, equipment, appliances fixtures, fittings and appurtenances thereto.
Delete - This code section number is no longer titled electrical. The existing amendment
needs to be deleted since the electrical comments were deleted and section number was re-
used.
Section 101.4.4 Property Maintenance. Delete.
number. Previous code edition Sect. was 101.4.5.
Amendment
of section
Section 113 Board of Appeals. Deletion of entire section (Sections 113.1 thru 113.3).
Amendment of section numbers. Previous code edition Sect. was 112 and 112.1 thru 112.3.
Section 419 Live/Work Units. Deletion of entire section (Sections 419.1 thru 419.8).
Delete - This new code section would conflict with zoning regulation regarding home
occupations.
Section 1507.8 Wood Shingles. The use of wood shingles is prohibited. All sections and tables
(Sections 1507.8.1 thru 1507.8.8) are deleted. Amendment of section number.
Previous code edition Sect. was 1507.8.7.
Section 1507.9 Wood Shakes. The use of wood shakes is prohibited. All sections and tables
(Section 1507.9.1 thru 1507.9.9) are deleted. Amendment of section number.
Previous code edition Sect. was 1507.9.8.
2
Code Comments Con't....
Page 3
Plumbin2: Code Amendments.
NOTE CHANGE: Table 403.1 Minimum Number of Required Plumbing Fixtures. Footnote (1):
Drinking fountains are not required for an occupant load of 15 or fewer. References 410.1
Drinking fountain Approval- when restaurants serve water, fountain not required. In other
occupancies, where fountains are required, water coolers or bottled water dispensers shall be
permitted to be substituted for not more than 50% of the required fountains.
The drinking fountain requirements referenced in the IPC, Table 403.1 and IBC, [P] Table
2902.1 are hereby amended as follows:
Assembly. Educational. Institutional. Residential and Storage Classifications: No change,
requirements shall be in accordance with table and code requirements.
Business. Factory/Industrial and Mercantile Classifications:
Occupancy load of (26) and over - No change, requirements shall be in accordance with table
and code requirements.
Occupancy load of (1) to (25)-
(# 1) Install water fountain( s) as required by table and code requirements; - or -
(#2) Building plan identifies a kitchenlbreak room with a refrigerator and plans identify
permanent use of bottled water for the facility; -or-
(#3) Building plan identifies permanent use of a portable water cooler for the facility.
NOTE: For issuance of a Certificate of Occupancy, Options #2 or #3 must be in place for the
building final inspection.
Fuel Gas Code Amendments.
Section 106.6.3 Fee Refunds, No.2 (Permit Fee) - Not more than fifty percent (50%) of the
permit fee paid when no work has been done under a permit issued in accordance with this code.
Amendment of section number. Previous code edition Sect. was 106.5.3.
Section 106.6.3 Fee Refunds, No.3 (Plan Review) is deleted.
section number. Previous code edition Sect. was 106.5.3.
Amendment of
3
Code Comments Con't....
Page 4
Ener2V Conservation Code Amendments.
Section 104.1 General. Construction or work for which a permit is required shall be subject to
all required inspections. Inspections shall be performed by a certified and/or licensed party (i.e.
3rd Party). The building shall have a final inspection and not be occupied until approved.
Amendment of section number. Previous code edition Sect. was 105.1. Also, sentence was
added to provide clarification about occupancy.
Section 104.3 Certification. PlanlPermit submittals to the City shall include all necessary energy
certification documents. Certification documents shall be completed by an approved agency or
individual. Delete - previous code edition section reference was
incorporated into another area.
Sections 104.2 thru 104.8.1. - Sections are deleted in their entirety."
Amendment of section number. Previous code Sect. was 105.2 thru 105.4.
Mechanical Code Amendments.
Existing local amendments remain unchanged. No changes that require a new amendment.
4
ORDINANCE NO. 2010 - 3280
AN ORDINANCE ADOPTING NEW BUILDING CODES (INTERNATIONAL CODE
COUNCIL) BY AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE BY AMENDING CHAPTER 82, "BUILDINGS AND BUILDING
REGULATIONS," ARTICLE II "BUILDING CODES," SECTION 82-31 "ADOPTION" AND
SECTIONS 82-32 "RESIDENTIAL CODE AMENDMENTS" AND 82-33 "BUILDING CODE
AMENDMENTS"; ARTICLE III "PLUMBING CODE" SECTION 82-66 "ADOPTION" AND
SECTION 82-67 "AMENDMENTS"; ARTICLE V "FUEL GAS CODE", SECTION 82-381
"ADOPTION" AND SECTION 82-382 "AMENDMENTS"; ARTICLE VI "ENERGY
CONSERV ATION CODE", SECTION 82-412 "ADOPTION" AND SECTION 82-413
"AMENDMENTS"; ARTICLE VII "MECHANICAL CODE", SECTION 82-441
"ADOPTION" AND SECTION 82-442 "AMENDMENTS"; 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
THOUSAND DOLLARS; 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, TEXAS:
Section 1: That Chapter 82, "Buildings and Building Regulations," Article II, "Building
Code," Section 82-31 "Adoption," and Sections 82-32 "Residential Code Amendments" and 82-
33 "Building Code Amendments," of the Code of Ordinances, La Porte, Texas, are hereby
amended to read as follows:
"Sec. 82-31. Adoption.
(a) Except as provided in this division, the International Residential Code and the
International Building Code, 2009 editions, published by the International Code Council,
is adopted and incorporated as fully as if set forth at length in this section and the
provisions therein shall be controlling in the design, construction, quality of materials,
erection, installation, alteration, repair, location, relocation, replacement, addition to, use
and maintenance of buildings and structures within the city limits. One copy of the
building codes is on file in the office of the city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or any regulation adopted pursuant thereto or
any other ordinance or code or regulation of the city, the provision which establishes the
higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this
article shall upon conviction be punished as provided in Appendix B.
(d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances.
Ordinance # 2010 -
Page 2
Sec. 82-32. Residential Code Amendments.
The residential building code adopted in Section 82-31 of this Article shall be amended to read
as follows:
Section RlO1.l Title. These provisions shall be known as the Residential Code for One-and
Two-Family Dwellings of the City of La Porte, and shall be cited as such and will be referred to
herein as "this code".
Section Rl03.l Creation of Enforcement Agency. The Inspection Services Division, of the
City's Planning Department, shall enforce the building and construction codes of the city. The
Chief Building Official shall be known as the code official.
Section Rl03.2 Appointment. Delete.
Section Rl03.3 Deputies. Delete.
Section Rl05.2 Work Exempt from Permit. Deletion of Building Permit Exemptions # 1
(accessory structures), #2 (fences), #3 (retaining walls), #5 (sidewalks/driveways) and #10
(decks).
Section Rl12 Board of Appeals. Deletion of entire section (Sections Rl12.! thru Rl12A)
Section RI02 Definitions. Accessory Structure/Building means a detached, subordinate
structurelbuilding, the use of which is clearly incidental and related to that of the principal
structurelbuilding or use of the land, and which is located on the same lots as that of the principal
structurelbuilding or use.
Table R301.2(l) Climatic and Geographic Design Criteria.
accordance with table shown.
Establishment of criteria m
WIND DESIGN SUBJECT TO DAMAGE FROM
WINTE
SEISMIC Frost R
GROUND DESIGN Line DESIGN ICE BARRIER FLOOD AIR MEAN
SNOW Speed "d" Topographic CATEGORY Weathering Depth Termite TEMP UNDERLAYMENT HAZARDS FREEZING ANNUAL
LOAD (mph) effects "k" "r' "a" "b" "e" "e" REQUIRED "h" "g" INDEX "I" TEMP 'J"
4-9-87
11-6-96 1500 or
0 120 No A N 12" VH 32' No 6-18-07 less 67'
Section R301.2.1.2 Protection of Openings. Windows in new buildings located in windbome
debris regions shall have glazed openings protected from windbome debris. Glazed opening
protection for windbome debris shall meet the requirements of the Large Missile Test of ASTM
E 1996 and ASTM E 1886 referenced therein. Garage door glazed opening protection for new
2
Ordinance # 2010 -
Page 3
Section R313 Automatic Fire Sprinkler Systems. Deletion of entire section (Sections R313.1
thru R313 .2.1).
Section R902.2 Fire-Retardant- Treated Shingles and Shakes. Deleted.
Section R905.7 Wood Shingles. The use of wood shingles is prohibited. All sections and tables
(Sections R905.7.1 thru R905.7.7) are deleted.
Section R905.8 Wood Shakes. The use of wood shakes is prohibited. All sections and tables
(Sections R905.8.1 thru R905.8.9) are deleted.
Part VIII, Electrical Chapters 34 - 42 (E3401 thru E4209) are deleted in their entirety.
Appendix G, Swimming Pools, Spas, and Hot Tubs provisions are hereby adopted as part of this
code edition adoption.
Sec. 82-33. Building Code Amendments.
The building code adopted in Section 82-31 of this Article shall be amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Building Code of the City of La
Porte, hereinafter referred to as "this code".
Section 101.4.4 Property Maintenance. Delete.
Section 103.1 Creation of Enforcement Agency. The Inspection Services Division, of the City's
Planning Department, shall enforce the building and construction codes of the city. The Chief
Building Official shall be known as the code official.
Section 103.2 Appointment. Delete.
Section 103.3 Deputies. Delete.
Section 105.1.1 Annual Permit. Delete.
Section 105.1.2 Annual Permit Records. Delete.
Section 105.2 Work Exempt from Permit. Deletion of Building Permit Exemptions # 1
(accessory structures), #2 (fences), #4 (retaining walls), #5 (water tanks) and #6
(sidewalks/driveways).
3
Ordinance # 2010 -
Page 4
Section 113 Board of Appeals. Deletion of entire section (Sections 113.1 thru 113.3).
Section 419 Live/Work Units. Deletion of entire section (Sections 419.1 thru 419.8).
Chapter 11 Accessibility. Chapter (Sections 1101 thru 1110) is deleted in its entirety.
Section 1507.8 Wood Shingles. The use of wood shingles is prohibited. All sections and tables
(Sections 1507.8.1 thru 1507.8.8) are deleted.
Section 1507.9 Wood Shakes. The use of wood shakes is prohibited. All sections and tables
(Section 1507.9.1 thru 1507.9.9) are deleted.
Chapter 16, Figure 1609 Basic Wind Speed (3-Second Gust). Basic wind speed for the city shall
be 120 mph.
Chapter 27 Electrical. Chapter (Sections 2701 thru 2702) is deleted in its entirety."
Section 2: That Chapter 82, "Buildings and Building Regulations," Article III, "Plumbing
Code," Section 82-66 "Adoption," and Section 82-67 "Amendments," of the Code of
Ordinances, La Porte, Texas, are hereby amended to read as follows:
"Sec. 82-66. Adoption.
(a) Except as provided in this article, the International Plumbing Code, 2009 edition,
published by the International Code Council, as amended in Section 82-67 of this Article
or addressed by the plumbing regulations of the International Residential Code, 2009
edition, as adopted by Section 82-31 of this Chapter, is adopted and incorporated as fully
as if set forth at length in this section and the provisions therein shall be controlling in the
design, construction, quality of materials, erection, installation, alteration, repair,
location, relocation, replacement, addition to, use and maintenance of buildings and
structures within the city limits. One copy of the building codes is on file in the office of
the city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or any regulation adopted pursuant thereto or
any other ordinance or code or regulation of the city, the provision which establishes the
higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this
article shall upon conviction be punished as provided in Appendix B.
(d) Fees shall be in accordance with Appendix A ofthe City's Code of Ordinances.
4
Ordinance # 2010 -
Page 5
Sec. 82-67. Amendments.
The plumbing code adopted in Section 82-66 of this Article shall be amended to read as follows:
Section 101.1 Title. These regulations shall be known as the International Plumbing Code of the
City of La Porte, hereinafter referred to as "this code".
Section 103.1 General. The Inspection Services Division, of the City's Planning Department,
shall enforce the plumbing code(s) of the city. The Chief Building Official shall be known as the
code official.
Section 103.2 Appointment. Delete.
Section 103.3 Deputies. Delete.
Section 106.6 Fees. A permit shall not be issued until the fees, in accordance with Appendix A
of the City's Code of Ordinances, have been paid. An amendment to a permit shall not be
released until the additional fee, if any, due to an increase of the plumbing system, has been paid.
Section 106.6.2 Fee Schedule. Delete.
Section 106.6.3 Fee Refunds, No.2 (Permit Fee) - Not more than fifty percent (50%) of the
permit fee paid when no work has been done under a permit issued in accordance with this code.
Section 106.6.3 Fee Refunds, No.3 (Plan Review) is deleted.
Section 109 Means of Appeal. Deletion of entire section (Sections 109.1 thru 109.7).
Section 403, Table 403.1, Minimum Number of Required Plumbing Fixtures - The drinking
fountain requirements referenced in the IPC, Table 403.1 and mc, [P] Table 2902.1 are hereby
amended as follows:
Business, Factory/Industrial and Mercantile Classifications:
Occupancy load of (26) and over - No change, requirements shall be in accordance with table
and code requirements.
Occupancy load of (l) to (25) -
(#1) Install water fountain(s) as required by table and code requirements; - or-
(#2) Building plan identifies a kitchenlbreak room with a refrigerator and plans identify
permanent use of bottled water for the facility; -or-
(#3) Building plan identifies permanent use of a portable water cooler for the facility.
NOTE: For issuance of a Certificate of Occupancy, Options #2 or #3 must be in place for the
building final inspection."
5
Ordinance # 2010-
Page 6
Section 3: That Chapter 82, "Buildings and Building Regulations," Article V, "Fuel Gas
Code," Section 82-381 "Adoption," and Section 82-382 "Amendments," of the Code of
Ordinances, La Porte, Texas, are hereby amended to read as follows:
"Sec. 82-381. Adoption.
(a) Except as provided in this article, the International Fuel Gas Code, 2009 edition,
published by the International Code Council, as amended in Section 82-382 of this
Article or addressed by the mechanical regulations of the International Residential Code,
2009 edition, as adopted by Section 82-31 of this Chapter, is adopted and incorporated as
fully as if set forth at length in this section and the provisions therein shall be controlling
in the design, construction, quality of materials, erection, installation, alteration, repair,
location, relocation, replacement, addition to, use and maintenance of buildings and
structures within the city limits. One copy of the building codes is on file in the office of
the city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or any regulation adopted pursuant thereto or
any other ordinance or code or regulation of the city, the provision which establishes the
higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this
article shall upon conviction be punished as provided in Appendix B.
(d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances.
Sec. 82-382. Amendments.
The mechanical code adopted in Section 82-381 of this Article shall be amended to read as
follows:
Section 101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of La
Porte, hereinafter referred to as "this code".
Section 103.1 General. The City's Inspection Services Division shall serve as the Department of
Inspection. The Chief Building Official thereof shall be known shall be known as the code
official.
Section 103.2 Appointment. Delete.
6
Ordinance #2010-
Page 7
Section 103.3 Deputies. Delete.
Section 106.6.3 Fee Refunds, No.2 (Permit Fee) - Not more than fifty percent (50%) of the
permit fee paid when no work has been done under a permit issued in accordance with this code.
Section 106.6.3 Fee Refunds, No.3 (Plan Review) is deleted.
Section 109 Means of Appeal. Deletion of entire section (Sections 109.1 thru 109.7)."
Section 4: That Chapter 82, "Buildings and Building Regulations," Article VI, "Energy
Conservation Code," Division 2 "Standards", Section 82-412 "Adoption," and Section 82-413
"Amendments," of the Code of Ordinances, La Porte, Texas, are hereby amended to read as
follows:
"Sec. 82-412. Adoption.
(a) Except as provided in this article, the International Energy Conservation Code, 2009
edition, published by the International Code Council, as amended in Section 82-413 of
this Article or addressed by the energy efficiency regulations of the International
Residential Code, 2009 edition, as adopted by Section 82-31 of this Chapter, is adopted
and incorporated as fully as if set forth at length in this section and the provisions therein
shall be controlling in the design, construction, quality of materials, erection, installation,
alteration, repair, location, relocation, replacement, addition to, use and maintenance of
buildings and structures within the city limits. One copy of the building codes is on file
in the office of the city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or any regulation adopted pursuant thereto or
any other ordinance or code or regulation of the city, the provision which establishes the
higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this
article shall upon conviction be punished as provided in Appendix B.
Sec. 82-413. Amendments.
The energy conservation code adopted in Section 82-412 of this Article shall be amended to read
as follows:
Section 101.1 Title. This code shall be known as the International Energy Conservation Code of
the City of La Porte, and shall be cited as such. It is referred to herein as "this code".
7
Ordinance # 2010 -
Page 8
Section 104.1 General. Construction or work for which a permit is required shall be subj ect to
all required inspections. Inspections shall be performed by a certified and/or licensed party (i.e.
3rd Party). The building shall have a final inspection and not be occupied until approved.
Sections 104.2 thru 104.8.1. - Sections are deleted in their entirety."
Section 5: That Chapter 82, "Buildings and Building Regulations," Article VII, "Mechanical
Code," Section 82-441 "Adoption," and Section 82-442 "Amendments," of the Code of
Ordinances, La Porte, Texas, are hereby amended to read as follows:
"Sec. 82-441. Adoption.
(a) Except as provided in this article, the International Mechanical Code, 2009 edition,
published by the International Code Council, as amended in Section 82-442 of this
Article or addressed by the plumbing regulations of the International Residential Code,
2009 edition, as adopted by Section 82-31 of this Chapter, is adopted and incorporated as
fully as if set forth at length in this section and the provisions therein shall be controlling
in the design, construction, quality of materials, erection, installation, alteration, repair,
location, relocation, replacement, addition to, use and maintenance of buildings and
structures within the city limits. One copy of the building codes is on file in the office of
the city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or any regulation adopted pursuant thereto or
any other ordinance or code or regulation of the city, the provision which establishes the
higher standard for the promotion ofthe health and safety ofthe people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this
article shall upon conviction be punished as provided in Appendix B.
(d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances.
Sec. 82-442. Amendments.
The mechanical code adopted in Section 82-441 of this Article shall be amended as follows:
Section 101.1 Title. These regulations shall be known as the Mechanical Code of the City of La
Porte, hereinafter referred to as "this code".
Section 1 03.1 General. The City's Inspection Services Division shall serve as the Department of
Inspection. The Chief Building Official thereof shall be known as the code official.
8
Ordinance # 2010 -
Page 9
Section 103.2 Appointment. Delete.
Section 103.3 Deputies. Delete.
Section 106.5.3 Fee Refunds, No.2 (Permit Fee) - Not more than fifty percent (50%) of the
permit fee paid when no work has been done under a permit issued in accordance with this code.
Section 106.5.3 Fee Refunds, No.3 (Plan Review) is deleted.
Section 109 Means of Appeal. Deletion of entire section (Sections 109.1 thru 109.7)."
Section 6: 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 7: 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 8. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall
be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00).
Section 9. 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.
9
Ordinance # 2010 -
O(L PI' ~,fIJ(/e
pen " et{
Page 10
Section 10. This Ordinance shall be effective on January 01,2011. 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 at least once within ten (10) days after the passage of
this ordinance.
PASSED AND APPROVED this the
day of
,2010.
CITY OF LA PORTE
By:
Louis R. Rigby, Mayor
ATTEST:
City Secretary
APPROVED:
~~~
Assistant City Attorney
10
c
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested October 11, 2010
Aoorooriation
Requested By Heather Weger
Human Resources
Source of Funds:
Department:
Account Number:
Report
Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Plan Administration Fees
Amount Requested:
Exhibits: Nptwnrk Di..~nllnt Analy..i..
Budgeted Item: YES NO
Exhibits: Pharmacy Benefit Manae:er Pricine:
SUMMARY & RECOMMENDATION
The City distributed Requests for Proposals for the administration of the City's medical plan. The City received proposals from the
following administrators; Aetna, Blue Cross, Cigna, TMl and UMR. On the advice of our consultant, we were able to narrow our
options down to Aetna, Cigna and TMl. In September, the City requested a proposal through the TCPN Network from Entrust, a
third party administrator. The Chapter 172 Committee has received all of the costs associated with each proposal. At the Chapter
172 Committee held on September 28, 2010, the Committee voted unanimously to make a recommendation to renew our
administration agreement with Aetna.
2 Committee's recommendation to renew our medical administration agreement with Aetna.
10 It> /6(1
Date
.
, . ", . . . . . . . . . . . .
InCumbonl{i\<ItI1a) FinlIHealthPPO _ Open _P1uo U.ile<l~PPO
0
NtA NtA $4,000 annual plan cOst artd a one time $3, waNed NtA NtA In<IUded
setuplimplemenlation fee
NtA NtA NlA Dra1Iing of tfleSPD is inCluded at cost at cost at cost inClUded included iodUded
iocIuded tnctuded ioduded N/A NtA NtA N/A N/A N/A NtA NlA N/A
ineIUded iodUded iodUded fncfuded InclUded Included included inclUded inClUded included ' inClUded inclUded
, . " , .
$43,67 $45,85 $17,00 $17.00 $17,00 $15.30 $1M4 $16.47 $13,00 $13.2\1 RQ more than:
$41-59 $13.91
$41-59 $43.67 $45.85 $34.00 $34,00 $34,00 $15,30 $15.84 $16.47 $13.00 $13,2\1 ;01) more than
$13.91
$40.65 $42.68 $44.82 $17.00 $17.00 $17.00 $15.30 $15.84 $16.47 $13.00 $13.25 ,no more: than
$13.91
$42.68 $44.82 $34.00 $34.00 $34,00 $15,30 $15,84 $16.47 $13.00 $13.25 nO mot.than
$40.85
SO.60 $0.60 $0.60 Not Appfeable included, if no litigation invofved InclUded ioduded includl>d
lndUded ioClUded inCluded inCluded Ineluded Induded $0.15 SO.15 $0.15 included iodUded inCluded
25%of~ tncIuded, but if sent to an outsi:fe firm, 29% of saYings $2501 clalm 15% of ~C
25% of savings
30%' of recoverfes 30% of recoveries 29'1!>of~ ~ of recoveiie&
In<:luded ineIUded inch,llfed N1A N1A NtA $1.20 $1.20 $1.20 - ioduded ioduded
.
iloIuded - - $2,50 $2.50 $2.50 ineJOcJed included included $2,75 $2.75 no more than
$2.89
,_ Induded included $135 Per Hr. $135 Per Hr. $135 Per Hr. included inclUded included ioduded included IndUded
ioduded - Induded $135 Per Hr. $135 PerHr. $135 Per Hr. included incfuded inclUded IndUded iodUded IndUded
lndUded IndUded ioduded $135 Per Hr. $135 Per Hr. $135 Per Hr. included induded included ioduded included IncfUded
IndUded inclUded - Included Included Included included included included SO.50 SO.50 $0.50
add'1 cost add'1 cost add'1 cost N1A NlA NtA Wa n1a nIa
.
$420 $4.20 $4.20 ioduded inCluded InclUded ,ih(:lUded i1 Network access fee $1.50 $f.50 M'mwe than
$1,59
SO.80 SO.80 $0.80 Not Applicable Not available not avalable
$0,00 SO.OO $0,00 Entrust recommends $0.00 $0.00 $0.00 $0.00 $0,00 $0.00
World Doc at $3.95 PEPM
$4,000 None $10,000 - - -.
... . "
- included ioduded $4.50 $4.50 $4,50 $17.30 $17.91 $18.63 $11.25 $11.25 tJomore1bil1
$11.81
iodUded included included $4.50 $4,50 $4.50 $17.30 $17.91 $18.63 $11.25 $11.25 no more than
$11.81
_a_$I.85 Free Online i1tdUded iodUded IndUded
IndUded IndUded inclUded IndU<fed Included ioduded included included ioduded lnduded inclUded iodUded
. ' . .
. $47." $49,27 $5'.45 $24.00 $24.00 $24.00 $39.89 $35.10 $38.45 $35.20 $35.45 ~"".&4
. . . .
$47.19 $49.27 $.51.45 $41.00 $41.00 $41.00 $39.89 $35.10 $38.45 $35.20 $35.45 $39.84
. ' . ... 0 .
$48.25 $48.28 $50.42 $24.00 $24.00 $24.00 $33.95 $35.'0 $38.45 $31.50 $31.75 $38.'4
. ' . ...
$46.25 $48.28 $50.42 $41.00 $41.00 $41.00 533.95 $35.10 $38.45 $31.50 $31.75 $36.14
Entrust Will handle the complete Matches current plan design
COBRA/HlPAA/MEOtCARE PART DAdmlnistratlon for $5.94 HRA fee added to the fund cost:
the City for $3.95 PEPM, Charps that are not $2.00 of network fee includes PHS plus which fee iodudelo onlt$ ErllOllmenl.,.,mm
eonsidated eJJsible for reimbursement unded.t;e: works v&h precert on High cost services such as
reinsuranee contract. include, but are not limited to, a imaging. this can be .removed but does help self HRA
. fee of$4.95 pet'"transadfon. tt ~ important to review funded plans (2%) . $1500 finlIyear
the administration service a~ent provided by The OM program in included in the network Online fie$1500/$175hr
Entrust in order to have a complete understand Of aU access fees. stop-toes fee is based on $145 sptm custom programming
administrative expeDS:eS prior to the pia,. effectflfe deductible
date,
, , $283200 ~ ~
.. $5617.00 ~ ~
.. .., , $1 080.00 ~ ~
.. " "' $4 715.00 ~ ~
.. $14244,00 ImmEiII IIIID!1liE!JIi
$170928.00 ImimZl!II ~
City of LaPorte
Network Discount Analysis
NlA
61.20%
N/A
OAP
60.40%
3%
$4.00 PEPM
2009 CLAIMS VS. CARRIER DISCOUNTS AND CLAIMS PAID COMPARISON
2009 ENTRUST CIGNA TML
Received AETNA AETNA Target ENTRUST Target CIGNA Target TML
Claims Discount Paid Discount Paid Discount Paid Discount Paid
$6,237,811 1IDmiIDI~~~IID.ml:'mI~~~
CLAIMS NOTE: Actual 2009 claims submitted to Aetna.
AETNA - Dispensing fees only (Aetna will give back 10% of rebates)
ENTRUST - Dispensing fees only (Rebates are reinvested)
CIGNA - Dispensing + Admin fees (Cigna keeps the rebates)
TML - Dispensing + Admin fees (Rebates are reinvested)
TOTAL COST COMPARISON
Proposal Ranking
by Cost
Proposer
Medical Plan Estimated Total Fee +
Estimated Rx
Administration Medical Claim Medical Claims
Costs
Fees Costs + Rx
~~~~
~1ImI!mII~1Imi!mII
~EmmJI~1Im!D!'DI
~~~~
Cost Over Low
Proposal
2
1
3
4
AETNA
ENTRUST
CIGNA
TML
$4,958
$0
$77,239
$326,693
9/29/2010
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E
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 11. 2010
Req.'- By: :: -e.
Department: S
Appropriation
Source of Funds: N/A
Account Number:
Amount Budgeted:
Report:
Resolution:
Ordinance:
x
Amount Requested:
Copy of BID Agreement
Exhibits:
Budgeted Item: YES NO
Exhibits:
COPY of Aj!reement Jnyoice
Exhibits:
SUMMARY & RECOMMENDATION
Arumal agreement renewal between the City of La Porte EMS and the companies located within the Battleground
Industrial District (North ofHwy 225 between Battleground Rd. and Hwy 146) for Emergency Medical Sen.ice for
a period of twelve months.
The attached 2010-11 agreement is calculated at a rate of $22.76 per employee. per year. Tlus is an increase of $1. 76
per employee over the previous year's negotiated rate. The total agreement amount invoiced will be based on an
Average Daily Population at each company.
Attached is an ordinance authorizing the City Manager to execute individual agreements effective October 1. 2010
with the compmues located within the Battleground Industrial District for Emergency Medical Sen"ice.
The agreements will expire on September 30. 20ll.
2008-09 Revenues - Actual $59.237.46
2009-10 Revenues - Actual $59,914.00
2010-11 Revenues - Pr~jected $60.000.00
Recommend that council approve the City Manager to execute the subnutted agreement letter for providing
Emergency Medical Sen.ice to the compmues located within the Battleground Industrial District.
It) /t, (to
Date
ORDINANCE NO. 2010- 328/
AN ORDINANCE APPROVING AND AUTHORIZING AGREEMENT LETTERS BETWEEN
THE CITY OF LA PORTE AND COMPANIES LOCATED WITHIN THE BATTLEGROUND
INDUSTRIAL DISTRICT, FOR EMERGENCY MEDICAL SERVICES, MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council of the City of La Porte hereby
approves and authorizes the agreements, or other undertaking
described in the title of this ordinance, a copy of which is on
file in the office of the City Secretary. The City Manager is
hereby authorized to execute such documents and all related
documents on behalf of the City of La Porte. The City Secretary is
hereby authorized to attest to all such signatures and to affix the
seal of the City to all such documents.
Section 2.
The City Council of the City of La Porte
officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place, and subject of
this meeting of the City Council was posted at a place convenient
to the public at the City Hall of the City for the time required by
law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
ORDINANCE NO. 2010- j~~
PAGE 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 11th day of October, 2010
By:
ATTEST:
L JYInltl{L a I ~
~. Gillett, City Secretary
APPROVED:
~-r~
Cr. Askins, City Attorney
\
F
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
October 11. 2010
Appropriation
Department:
B.YNoIen~
Ii:MS
Source of Funds: N/A
Requested By:
Account Number:
Amount Budgeted:
Report:
Resolution:
Ordinance:
x
Amount Requested:
Exhibits:
Ordinance
Budgeted Item: YES NO
Exhibits:
COpy of Contract
Exhibit A - Map
Exhibits:
SUMMARY & RECOMMENDATION
Contract renewal request with the Association of Bayport Companies. Inc.. for Emergency Medical Service in the
Bayport Industrial Area. This contract will be for a period of one year at a rate of $22.76 per employee. TIns is an
increase of $1. 76 per employee over the previous year's negotiated rate.
Attached is an ordinance authorizing the City Manager to execute a contract effective October 1. 2010 with the
Association of Bayport Companies. Inc. for Emergency Medical Service in the Bayport Industrial Area.
2008-09 Revenues - Actual $98.587.77
2009-10 Revenues - Actual $102.0:WOO
2010-11 Revenues - Prqjected $100.000.00
Recommend that council approve the City Manager to execute the submitted contract for providing Emergency
Medical Service to the companies located in the Bayport Industrial Area.
Action Required bv Council:
Approve an Ordinance authorizing the City Manager to execute a contract with the Association of
Ba ort Companies for the City of La Porte EMS.
I~ I~ !~
Date
ORDINANCE NO.
2010- 32BL
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND THE ASSOCIATION OF BAYPORT COMPANIES, INC., FOR
EMERGENCY MEDICAL SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Secti.on 1.
The City Council of the City of La Porte hereby
approves and authorizes the contract,
agreement,
or other
undertaking described in the title of this ordinance, a copy of
which is on file in the office of the City Secretary. The City
Manager is hereby authorized to execute such document and all
related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
Secti.on 2.
The City Council of the City of La Porte
officially finds,
determines,
recites,
and declares that a
sufficient written notice of the date, hour, place, and subject of
this meeting of the City Council was posted at a place convenient
to the public at the City Hall of the City for the time required by
law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
ORDINANCE NO. 2010-3~ ~~
PAGE 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 11th day of October, 2010
By:
ATTEST:
~tv av AAld
Martha A. Gillett, City Secretary
An
~T~
Clark T. Askins, City Attorney
~\
2
, G
--
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: OCU1.2010
Requested B~': Ra)' Nolen ~
Department: J[NS
Auprouriation
Source of Funds: N/A
Account Number:
Amount Budgeted:
Report:
Resolution:
Ordinance:
x
Amount Requested:
Exhibits:
Cop~' of POH/BCT Contract
Budgeted Item: YES NO
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
The City has negotiated a new contract with the Port of Houston Authority for Emergency Medical Service at the
Barbour's Cut Terminal for a period of twelve months, in the amount of $2,23237 a month. Attached is an
ordinance authorizing the City Manager to execute a contract effective November I, 20 10 with the Port of Houston
Authority for Emergency Medical Service at the Barbour's Cut Temlinal.
The submitted 2010-11 contract is based on a POH/BCT population of 1177 employees at $22.76 per employee-
Total annually $26,788.52
The Port of Houston Authority will meet in October, 2010 to approve this 2010-11 contract renewal.
Recommend that council approve the City Manager to execute the contract renewal submittal by POH.
Action Required bv Council:
Approve an Ordinance authorizing the City Manager to execute a contract with the Port of
Houston Authority (Barbour's Cut Terminal) for the City of La Porte EMS.
/ill /1, lie>
Date
ORDINANCE NO.
2010- 3283
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY (BARBOUR'S CUT
TERMINAL) OF HARRIS COUNTY, TEXAS, FOR EMERGENCY MEDICAL SERVICES,
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT,
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council of the City of La Porte hereby
approves and authorizes the contract,
agreement,
or other
undertaking described in the title of this ordinance, a copy of
which is on file in the office of the City Secretary. The City
Manager is hereby authorized to execute such document and all
related documents on behalf of the City of La Porte. The City
Secretary is hereby authorized to attest to all such signatures and
to affix the seal of the City to all such documents.
Section 2.
The City Council of the City of La Porte
officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place, and subject of
this meeting of the City Council was posted at a place convenient
to the public at the City Hall of the City for the time required by
law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been
open to the public as required by law at all times during which
this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
ORDINANCE NO. 2010-~
PAGE 2
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 11th day of October, 2010
By:
ATTEST:
H
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
October 11. 2010
Appropriation
Source of Funds:
GEN957
Requested By: S. Gillett
Account Number:
050-9892-957-1100
Department: Public Works
Amount Budgeted: $ 2.000.000
Report: X Resolution:
Ordinance:
Amount Requested: $1.833.380
Exhibits:
Engineer's Recommendation
Budgeted Item: Yes
Exhibits:
Bid Tabulation
Exhibits
SUMMARY & RECOMMENDATION
On September 14,2009, the Drainage and Flooding Committee heard the results of a detailed study
performed by Klotz and Associates regarding drainage problems on Fleetwood Drive and adjacent
streets. The Committee directed staff to negotiate a contract to prepare a Preliminary Engineering
Report (PER) to evaluate all alternatives and recommend a cost-effective solution to the problem. The
PER was completed and alternatives were presented to the Committee on February 16, 2010 and
March 1, 2010 to select an alternative to recommend to the City Council. The Committee voted to
recommend Alternative 5a, including the recommendation to extend the storm sewer north to North
Sycamore Street. Klotz and Associates was authorized to provide Final Design and Construction
Phase Services for the selected alternative.
Bids were received on September 29, 2010. A total of eight (8) bids were received (bid
tabulation attached). Low bid was submitted by Angel Brothers in the amount of $1,797,380.
Angel Brothers submitted all required prequalification documentation. Due to the firm's
previous prequalification for several similar projects, the Engineer performed only a cursory
review of experience qualifications. Required financial statements were reviewed for
compliance with minimum bidding capacity. Angel Brothers more than qualifies financially.
The Engineer's estimate was $2.5M. The schedule for substantial completion is 180 days, with
final completion within 30 days, for a total of 220 days.
It is recommended that the bid be awarded to Angel Brothers Construction in the amount of
$1,797,380. A contingency of$36,000 (2%) is also recommended.
10 /~/(O
Date
k lot z 4~~ ass 0 cia t e s
1160 Dairy Ashford, Suite 500
Houston, Texas 77079
T 281.589.7257 F 281.589.7309
houston.office@klotz.com
September 29, 2010
Mr. Steve Gillett
Public Works Director
City of La Porte
2963 North 23rd St
La Porte, Texas 77571
Re: Fairmont Park East - Fleetwood Drive Street and Drainage Improvements
La Porte Bid No. 10038
Klotz Associates Project No. 0127.012.001
Dear Mr. Gillett:
The City of La Porte received bids for the above referenced project on September 29, 2010.
Eight (8) bids were received with the low bidder being Angel Brothers. Their bid was
$1,797,380.00. A bid tabulation showing all of the bids received and the opinion of probable
construction cost prepared by Klotz Associates is attached. The bid forms all appear to be
responsive. The mathematical errors are noted on the attached bid tab, but they do not impact
. bid results.
The City reported that Angel Brothers are prequalified to perform on this project so we provided
only a cursory review of the prequalification statement provided. References were not contacted.
Klotz Associates recommends award of the contract to Angel Brothers by the City of La Porte.
Please contact us if you have any questions or require any additional information.
Sincerely,
.~~/~L
Steve Stacy, P.E.
Department Manager
SS:ng
Attachment
celebrating ~ years of engineering excellence
I
\
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
October 11.2010
Appropriation
Requested By: Steve Gillett
Source of Funds Fund 003
Department:
Public Works
Account Number: 003-9890-614-1100
Report: X Resolution:
Ordinance:
Amount Budgeted: $100,000
Exhibits: Engineers Proposal
Amount Requested: $80,050
Exhibits:
Budgeted Item:
Yes
SUMMARY & RECOMMENDATION
The waterline serving the Main Street area from South 1 st to SH 146 is over 50 years old. The waterline
is located under the outside eastbound lane of pavement. Pipe joints are packed with jute and filled with
lead. The pipe material is cast iron. Because all water services are in the adjacent alleys, this waterline
serves as a fire line and loop system for the Main Street area. Phase I of this project is Design. Phase II,
Construction, is programmed for the following fiscal year.
LJA Engineering & Surveying Inc. has proposed the design concept for the replacement of the waterline
by abandoning it from under Main St and replacing it in the adjacent alleys with laterals running from the
alleys to Main Street and terminating at the fire hydrants. Additional waterlines connecting the Water
Plant on North Broadway and the Water Tower on South 4th will be designed to provide additional
capacity and replace other waterlines under Main Street that are over 50 years old. Other design
alternatives will be considered during the preliminary phase. LJA Engineering's proposal includes the
following for the Main Street Area:
Preliminary Phase
Design Phase
Bidding Phase
Construction Phase
Survey & Record Drawing
Total Evaluation and Design
$10,500
$35,950
$ 2,700
$ 5,400
$25,500
$80,050
LJA Engineering has also proposed to review pavement overlay possibilities in the adjacent alleys during
the preliminary and design phase. LJA Engineering has completed several difficult Water Distribution
System projects for the City of La Porte in recent years and has proved to be capable of designing the
replacement of the Main Street waterline and associated waterlines. Staff recommends award of a
contract to LJA Engineering for the design of the Main Street waterline replacement.
I~ I ~ I t;f)
Date
LJA Engineering & Surveying, Inc.
IA
11821 East Freeway
Suite 400
Houston, Texas 77029
Phone 713.450.1300
Fax 713.450.1385
www.ljaengineering.com
September 9, 2010
Mr. Don Pennell
Assistant Director of Public Works
City of La Porte
P.O. Box 1115
La Porte, Texas 77572-1115
Re: Assignment #5 for Engineering Services
City of La Porte
Construction Documents & Plans
Waterline and Water Service Replacement
Alleyway (S. of Main Street from SH 146 to Broadway)
LJA Project E 170-009
Proposal 10-0323
Dear Mr. Pennell:
LJA Engineering & Surveying Inc. is pleased to submit this assignment letter to provide engineering
services to the City of La Porte. The City desires to relocate existing waterlines with service
connections from beneath the existing pavement of Main Street to the Alleyway south of Main
Street. The City desires to replace the existing waterline between SH 146 and Broadway. The
existing and proposed waterlines contain 8-inch with an estimated length of 5,005 linear feet plus
an additional proposed 12-inch with an estimated length of 360 feet connecting the existing 12-inch
waterline on 3rd Street north of Main Street to the Elevated Storage Tank on S. 4th Street.
Additionally, new 8-inch laterals will cross Main Street 15t and 6th Streets. The existing fire hydrants
will be removed and replaced. New service leads will connect the existing meters to the new
waterline.
Except for the Scope of Services, Basis of Compensation, and Schedule of Work set forth below,
the rights, duties, and obligations of LJA Engineering & Surveying and the City of La Porte shall be
as provided in the attached general services agreement which agreement is otherwise incorporated
herein and made a part of this assignment letter. Acceptance by the City of this assignment letter
shall constitute an amendment to said general services agreement.
The Scope of Services, Basis of Compensation, and Schedule of Work are outlined in the following
paragraphs:
SCOPE OF SERVICES
The scope of services can be divided into Preliminary and Design Phase, Bidding Phase, and
Construction Phases. The scope of each phase and/or services is defined as follows:
Mr. Don Pennell
City of La Porte
September 9, 2010
Page 2
BASIC SERVICES
Preliminary Phase
a. Review project alternatives and objectives
b. Review compliance with City Master Plan
c. Determine alternatives available including size determinations,
routing, and other factors, such as easement requirements, and
the costs associated with each alternative
d. Develop overall water service plan along with estimated
construction costs
e. Provide the City of La Porte with a letter report
Design Phase
a. Prepare bid documents, contract documents, technical specifications
and drawings. Provide two complete sets to the city for review and
comment.
b. Prepare and deliver to the city detailed final estimate of probable
construction cost, bid documents, contract documents, technical
specifications and exhibits for final approval.
Bidding Phase
a. Assist the City in the pre-qualification of contractors. The pre-
qualification investigation is limited to the investigation of the
Contractor's statement of equipment and experience.
b. Assist the City in obtaining bids. Supply five sets of Plans and
Specifications for the Contract and Construction sets.
c. Assist in the tabulation and analysis of bids, and furnish
recommendations on the award of the construction contract.
Construction Phase
a. Attend and assist the City in the preconstruction conference.
b. Make periodic visits (only upon request by City), as distinguished
from the continuous services of a resident project representative, to
the construction site. The purpose of the visits is to familiarize
Mr. Don Pennell
City of La Porte
September 9, 2010
Page 3
generally with the progress of the work, to determine in general the
progress and quality of the work, and to determine if the work is
proceeding in accordance with the contact documents.
c. Consult with and advise the City during construction. Engineer will
issue all instructions to the contractor requested by the City and
prepare, sign and issue routine change orders for City approval.
d. Review shop, laboratory and mill test of material and equipment and
promptly report to City any deficiencies noted.
e. Review shop and working drawings, furnished by contractors, for
compliance with design concepts and specifications and with the
information given by the contract documents.
1. Generate monthly and final estimates for payments to the contractor
based upon information supplied by the City.
g. Participate in company with the City's representative in a final
inspection of the project.
EXTRA SERVICES
a. Field topographic surveys.
b. Record drawings - Prepare and deliver to City a set of
reproducible record drawings showing those change made during
the construction period based upon change orders, marked up
prints, drawings and other data furnished by the contractor to the
engineer and which engineer deems significant.
COMPENSATION
LJA Engineering and Surveying Inc. proposes the compensation for the preliminary and design,
bidding, and construction phases be based upon lump sum fee as follows:
BASIC SERVICES
Preliminary Phase
Design Phase
Bidding Phase
Construction Phase
$ 10,500.00
35,950.00
2,700.00
5,400.00
Total Basic Services Cost
$ 54,550.00
Mr. Don Pennell
City of La Porte
September 9,2010
Page 4
EXTRA SERVICES
(not to exceed without additional authorization by the City)
Extra Service item compensation would be as follows:
Service Basis of Compensation
a. Surveying Invoice plus ten percent
service charge
b. Record Direct labor cost times
Drawings multiplier
Estimated Cost
$ 25,000.00
$ 500.00
Total Extra Services Estimated Cost
$ 25,500.00
All direct labor costs (hourly charges) will be supported with copies of time sheets signed
by the employee and his supervisor.
SCHEDULE
LJA Engineering and Surveying Inc. is prepared to begin work as soon as authorized and proceed
with the work in conjunction with the City's schedule. The preliminary and design phases can be
undertaken concurrently. A draft of the proposed project will be provided to City staff for review
comment within 30 calendar days of receipt of the field surveys and locations of services. The final
project can be provided within 30 days of receipt of review comments.
LJA Engineering and Surveying Inc. appreciates the opportunity to prepare this assignment letter
for the City. Should you have any questions, please advise.
Very truly yours,
~ ~ ~tll1.l
Charles W. Beere, P.E.
Senior Project Manager
Mr. Don Pennell
City of La Porte
September 9, 2010
Page 5
Attachment:
eral Services Contract
City and LJA Currently Exists.
ACCEPl
By:
TITLE:
DATE:
UA Engineering & Surveying, Inc.
IA
11821 East Freeway
Suile 400
Houston, Texas 77029
Phone 713.450.1300
Fax 713.450.1385
www.ljaengineering.com
September 9,2010
Mr. Don Pennell
Assistant Director of Public Works
City of La Porte
P.O. Box1115
La Porte, Texas 77572-1115
Re: Assignment #5 for Engineering Services
City of La Porte
Construction Documents & Plans
Waterline and Water Service Replacement
Alleyway (S. of Main Street from SH 146 to Broadway)
LJA Project E 170-009
Proposal 10-0323
Dear Mr. Pennell:
LJA Engineering & Surveying Inc. is pleased to submit this assignment letter to provide engineering
services to the City of La Porte. The City desires to relocate existing waterlines with service
connections from beneath the existing pavement of Main Street to the Alleyway south of Main
Street. The City desires to replace the existing waterline between SH 146 and Broadway. The
existing and proposed waterlines contain 8-inch with an estimated length of 5,005 linear feet plus
an additional proposed 12-inch with an estimated length of 360 feet connecting the existing 12-inch
waterline on 3rd Street north of Main Street to the Elevated Storage Tank on S. 4th Street.
Additionally, new 8-inch laterals will cross Main Street 1 sl and 6th Streets. The existing fire hydrants
will be removed and replaced. New service leads will connect the existing meters to the new
waterline.
Except for the Scope of Services, Basis of Compensation, and Schedule of Work set forth below,
the rights, duties, and obligations of LJA Engineering & Surveying and the City of La Porte shall be
as provided in the attached general services agreement which agreement is otherwise incorporated
herein and made a part of this assignment letter. Acceptance by the City of this assignment letter
shall constitute an amendment to said general services agreement.
The Scope of Services, Basis of Compensation, and Schedule of Work are outlined in the following
paragraphs:
SCOPE OF SERVICES
The scope of services can be divided into Preliminary and Design Phase, Bidding Phase, and
Construction Phases. The scope of each phase and/or services is defined as follows:
Mr. Don Pennell
City of La Porte
September 9, 2010
Page 2
BASIC SERVICES
Preliminary Phase
a. Review project alternatives and objectives
b. Review compliance with City Master Plan
c. Determine alternatives available including size determinations,
routing, and other factors, such as easement requirements, and
the costs associated with each alternative
d. Develop overall water service plan along with estimated
construction costs
e. Provide the City of La Porte with a letter report
Design Phase
a. Prepare bid documents, contract documents, technical specifications
and drawings. Provide two complete sets to the city for review and
comment.
b. Prepare and deliver to the city detailed final estimate of probable
construction cost, bid documents, contract documents, technical
specifications and exhibits for final approval.
Bidding Phase
a. Assist the City in the pre-qualification of contractors. The pre-
qualification investigation is limited to the investigation of the
Contractor's statement of equipment and experience.
b. Assist the City in obtaining bids. Supply five sets of Plans and
Specifications for the Contract and Construction sets.
c. Assist in the tabulation and analysis of bids, and furnish
recommendations on the award of the construction contract.
Construction Phase
a. Attend and assist the City in the preconstruction conference.
b. Make periodic visits (only upon request by City), as distinguished
from the continuous services of a resident project representative, to
the construction site. The purpose of the visits is to familiarize
Mr. Don Pennell
City of La Porte
September 9,2010
Page 3
generally with the progress of the work, to determine in general the
progress and quality of the work, and to determine if the work is
proceeding in accordance with the contact documents.
c. Consult with and advise the City during construction. Engineer will
issue all instructions to the contractor requested by the City and
prepare, sign and issue routine change orders for City approval.
d. Review shop, laboratory and mill test of material and equipment and
promptly report to City any deficiencies noted.
e. Review shop and working drawings, furnished by contractors, for
compliance with design concepts and specifications and with the
information given by the contract documents.
f. Generate monthly and final estimates for payments to the contractor
based upon information supplied by the City.
g. Participate in company with the City's representative in a final
inspection of the project.
EXTRA SERVICES
a. Field topographic surveys.
b. Record drawings - Prepare and deliver to City a set of
reproducible record drawings showing those change made during
the construction period based upon change orders, marked up
prints, drawings and other data furnished by the contractor to the
engineer and which engineer deems significant.
COMPENSATION
LJA Engineering and Surveying Inc. proposes the compensation for the preliminary and design,
bidding, and construction phases be based upon lump sum fee as follows:
BASIC SERVICES
Preliminary Phase
Design Phase
Bidding Phase
Construction Phase
$ 10,500.00
35,950.00
2,700.00
5,400.00
$ 54,550.00
Total Basic Services Cost
Mr. Don Pennell
City of La Porte
September 9,2010
Page 4
EXTRA SERVICES
(not to exceed without additional authorization by the City)
Extra Service item compensation would be as follows:
Service Basis of Compensation
a. Surveying Invoice plus ten percent
service charge
b. Record Direct labor cost times
Drawings multiplier
Estimated Cost
$ 25,000.00
$ 500.00
Total Extra Services Estimated Cost
$ 25,500.00
All direct labor costs (hourly charges) will be supported with copies of time sheets signed
by the employee and his supervisor.
SCHEDULE
LJA Engineering and Surveying Inc. is prepared to begin work as soon as authorized and proceed
with the work in conjunction with the City's schedule. The preliminary and design phases can be
undertaken concurrently. A draft of the proposed project will be provided to City staff for review
comment within 30 calendar days of receipt of the field surveys and locations of services. The final
project can be provided within 30 days of receipt of review comments.
LJA Engineering and Surveying Inc. appreciates the opportunity to prepare this assignment letter
for the City. Should you have any questions, please advise.
Very truly yours,
IL- ~ ~4.J
Charles W. Beere, P.E.
Senior Project Manager
Mr. Don Pennell
City of La Porte
September 9,2010
Page 5
Attachment:
By:
TITLE:
DATE:
J
Agenda Date Requested: October 11.2010
Requested By: Steve Gillett
Department: Public Works
Report: Resolution: Ordinance:
- -
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budl!et
Source of Funds:
Fund 44
Account Number: 044-9892-617-1100
Amount Budgeted: $550,000
Exhibits: Engineer's Proposal
Amount Requested: $ 51,250
Exhibits:
Budgeted Item:
YES
Exhibits
SUMMARY & RECOMMENDATION
The Bay Area Boulevard Waterline Extension project will connect Spencer Highway and Fairmont Parkway to
increase pressure, fire flow and improve reliability ofthe water system. Additionally the project will provide water
service to the undeveloped property along Bay Area Boulevard.
The City of La Porte currently has an Engineering Services Agreement with LJA Engineering & Surveying Inc. A
proposal for preliminary review and design was submitted by LJA Engineering for the Bay Area Boulevard
Extension as follows;
Preliminary Phase
Design Phase
Bidding Phase
Construction Phase
Surveying
Total
$ 5,900
$26,750
$ 2,700
$ 5,400
$10,500
$51,250
LJA Engineering has designed several projects for the City of La Porte with excellent results. Staff recommends
awarding the Bay Area Boulevard Waterline Extension Design to LJA Engineering.
Io~~
Date
UA Engineering & Surveying, Inc.
IA
11821 East Freeway
Suite 400
Houston, Texas 77029
Phone 713.450.1300
Fax 713.450.1385
www.ljaengineering.com
September 9, 2010
Mr. Don Pennell
Assistant Director of Public Works
City of La Porte
P.O. Box 1115
La Porte, Texas 77572-1115
Re: Assignment #6 for Engineering Services
City of La Porte
Construction Documents & Plans
Waterline Along Bay Area Boulevard
From Spencer Highway to Fairmont Parkway
LJA Project E170-0010
Proposal 10-0324
Dear Mr. Pennell:
LJA Engineering & Surveying Inc. is pleased to submit this assignment letter to provide engineering
services to the City of La Porte. The City desires to construct a waterline or waterlines along Bay
Area Boulevard from Spencer Highway to Fairmont Parkway. No city water distribution lines are
located within the area. A La Porte Area Water Authority transmission line lies within a utility
easement adjacent to the east side of the roadway right of way. The City desires to evaluate the
alternatives to provide distribution water for service and fire protection for the properties fronting
along both sides of Bay Area Boulevard. The initial emphasis shall be to provide water along the
west side of Bay Area Boulevard.
Except for the Scope of Services, Basis of Compensation, and Schedule of Work set forth below,
the rights, duties, and obligations of LJA Engineering & Surveying and the City of La Porte shall be
as provided in the attached general services agreement which agreement is otherwise incorporated
herein and made a part of this assignment letter. Acceptance by the City of this assignment letter
shall constitute an amendment to said general services agreement.
The Scope of Services, Basis of Compensation, and Schedule of Work are outlined in the following
paragraphs:
SCOPE OF SERVICES
The scope of services can be divided into Preliminary and Design Phase, Bidding Phase, and
Construction Phases. The scope of each phase and/or services is defined as follows:
Mr. Don Pennell
City of La Porte
September 9, 2010
Page 2
BASIC SERVICES
Preliminary Phase
a. Review project alternatives and objectives
b. Review compliance with City Master Plan
c. Determine alternatives available including size determinations,
routing, and other factors, such as easement requirements, and
the costs associated with each alternative
d. Develop overall water service plan along with estimated
construction costs
e. Provide the City of La Porte with a letter report
Design Phase
a. Prepare bid documents, contract documents, technical specifications
and drawings. Provide two complete sets to the city for review and
comment.
b. Prepare and deliver to the city detailed final estimate of probable
construction cost, bid documents, contract documents, technical
specifications and exhibits for final approval.
Bidding Phase
a. Assist the City in the pre-qualification of contractors. The pre-
qualification investigation is limited to the investigation of the
Contractor's statement of equipment and experience.
b. Assist the City in obtaining bids. Supply five sets of Plans and
Specifications for the Contract and Construction sets.
c. Assist in the tabulation and analysis of bids, and furnish
recommendations on the award of the construction contract.
Construction Phase
a. Attend and assist the City in the preconstruction conference.
b. Make periodic visits (only upon request by City), as distinguished
from the continuous services of a resident project representative, to
the construction site. The purpose of the visits is to familiarize
Mr. Don Pennell
City of La Porte
September 9, 2010
Page 3
generally with the progress of the work, to determine in general the
progress and quality of the work, and to determine if the work is
proceeding in accordance with the contact documents.
c. Consult with and advise the City during construction. Engineer will
issue all instructions to the contractor requested by the City and
prepare, sign and issue routine change orders for City approval.
d. Review shop, laboratory and mill test of material and equipment and
promptly report to City any deficiencies noted.
e. Review shop and working drawings, furnished by contractors, for
compliance with design concepts and specifications and with the
information given by the contract documents.
f. Generate monthly and final estimates for payments to the contractor
based upon information supplied by the City.
g. Participate in company with the City's representative in a final
inspection of the project.
EXTRA SERVICES
a. Field topographic surveys.
b. Record drawings - Prepare and deliver to City a set of
reproducible record drawings showing those change made during
the construction period based upon change orders, marked up
prints, drawings and other data furnished by the contractor to the
engineer and which engineer deems significant.
COMPENSATION
LJA Engineering and Surveying Inc. proposes the compensation for the preliminary and design,
bidding, and construction phases be based upon lump sum fee as follows:
BASIC SERVICES
Preliminary Phase
Design Phase
Bidding Phase
Construction Phase
$ 5,900.00
26,750.00
2,700.00
5,400.00
Total Basic Services Cost
$ 40,750.00
Mr. Don Pennell
City of La Porte
September 9,2010
Page 4
EXTRA SERVICES
(not to exceed without additional authorization by the City)
Extra Service item compensation would be as follows:
Service Basis of Compensation
a. Surveying Invoice plus ten percent
service charge
b. Record Direct labor cost times
Drawings multiplier
Estimated Cost
$ 10,000.00
$ 500.00
Total Extra Services Estimated Cost
$ 10,500.00
All direct labor costs (hourly charges) will be supported with copies of time sheets signed
by the employee and his supervisor.
SCHEDULE
LJA Engineering and Surveying Inc. is prepared to begin work as soon as authorized and proceed
with the work in conjunction with the City's schedule. The preliminary and design phases can be
undertaken concurrently. A draft of the proposed project will be provided to City staff for review
comment within 30 calendar days of receipt of the field surveys and locations of services. The final
project can be provided within 30 days of receipt of review comments.
LJA Engineering and Surveying Inc. appreciates the opportunity to prepare this assignment letter
for the City. Should you have any questions, please advise.
Very truly yours,
~~~t4
Charles W. Beere, P.E.
Senior Project Manager
Mr. Don Pennell
City of La Porte
September 9, 2010
Page 5
Attachment:
ACCEPT
By:
TITLE:
DATE:
UA Engineering & Surveying, Inc.
tA
11821 East Freeway
Suite 400
Houston, Texas 77029
Phone 713.450.1300
Fax 713.450.1385
www.ljaengineering.com
September 9,2010
Mr. Don Pennell
Assistant Director of Public Works
City of La Porte
P.O. Box 1115
La Porte, Texas 77572-1115
Re: Assignment #6 for Engineering Services
City of La Porte
Construction Documents & Plans
Waterline Along Bay Area Boulevard
From Spencer Highway to Fairmont Parkway
LJA Project E170-0010
Proposal 10-0324
Dear Mr. Pennell:
LJA Engineering & Surveying Inc. is pleased to submit this assignment letter to provide engineering
services to the City of La Porte. The City desires to construct a waterline or waterlines along Bay
Area Boulevard from Spencer Highway to Fairmont Parkway. No city water distribution lines are
located within the area. A La Porte Area Water Authority transmission line lies within a utility
easement adjacent to the east side of the roadway right of way. The City desires to evaluate the
alternatives to provide distribution water for service and fire protection for the properties fronting
along both sides of Bay Area Boulevard. The initial emphasis shall be to provide water along the
west side of Bay Area Boulevard.
Except for the Scope of Services, Basis of Compensation, and Schedule of Work set forth below,
the rights, duties, and obligations of LJA Engineering & Surveying and the City of La Porte shall be
as provided in the attached general services agreement which agreement is otherwise incorporated
herein and made a part of this assignment letter. Acceptance by the City of this assignment letter
shall constitute an amendment to said general services agreement.
The Scope of Services, Basis of Compensation, and Schedule of Work are outlined in the following
paragraphs:
SCOPE OF SERVICES
The scope of services can be divided into Preliminary and Design Phase, Bidding Phase, and
Construction Phases. The scope of each phase and/or services is defined as follows:
Mr. Don Pennell
City of La Porte
September 9,2010
Page 2
BASIC SERVICES
Preliminary Phase
a. Review project alternatives and objectives
b. Review compliance with City Master Plan
c. Determine alternatives available including size determinations,
routing, and other factors, such as easement requirements, and
the costs associated with each alternative
d. Develop overall water service plan along with estimated
construction costs
e. Provide the City of La Porte with a letter report
Design Phase
a. Prepare bid documents, contract documents, technical specifications
and drawings. Provide two complete sets to the city for review and
comment.
b. Prepare and deliver to the city detailed final estimate of probable
construction cost, bid documents, contract documents, technical
specifications and exhibits for final approval.
Bidding Phase
a. Assist the City in the pre-qualification of contractors. The pre-
qualification investigation is limited to the investigation of the
Contractor's statement of equipment and experience.
b. Assist the City in obtaining bids. Supply five sets of Plans and
Specifications for the Contract and Construction sets.
c. Assist in the tabulation and analysis of bids, and furnish
recommendations on the award of the construction contract.
Construction Phase
a. Attend and assist the City in the preconstruction conference.
b. Make periodic visits (only upon request by City), as distinguished
from the continuous services of a resident project representative, to
the construction site. The purpose of the visits is to familiarize
Mr. Don Pennell
City of La Porte
September 9, 2010
Page 3
generally with the progress of the work, to determine in general the
progress and quality of the work, and to determine if the work is
proceeding in accordance with the contact documents.
c. Consult with and advise the City during construction. Engineer will
issue all instructions to the contractor requested by the City and
prepare, sign and issue routine change orders for City approval.
d. Review shop, laboratory and mill test of material and equipment and
promptly report to City any deficiencies noted.
e. Review shop and working drawings, furnished by contractors, for
compliance with design concepts and specifications and with the
information given by the contract documents.
f. Generate monthly and final estimates for payments to the contractor
based upon information supplied by the City.
g. Participate in company with the City's representative in a final
inspection of the project.
EXTRA SERVICES
a. Field topographic surveys.
b. Record drawings - Prepare and deliver to City a set of
reproducible record drawings showing those change made during
the construction period based upon change orders, marked up
prints, drawings and other data furnished by the contractor to the
engineer and which engineer deems significant.
COMPENSATION
LJA Engineering and Surveying Inc. proposes the compensation for the preliminary and design,
bidding, and construction phases be based upon lump sum fee as follows:
BASIC SERVICES
Preliminary Phase
Design Phase
Bidding Phase
Construction Phase
$ 5,900.00
26,750.00
2,700.00
5,400.00
Total Basic Services Cost
$ 40,750.00
Mr. Don Pennell
City of La Porte
September 9,2010
Page 4
EXTRA SERVICES
(not to exceed without additional authorization by the City)
Extra Service item compensation would be as follows:
Service Basis of Compensation
a. Surveying Invoice plus ten percent
service charge
b. Record Direct labor cost times
Drawings multiplier
Estimated Cost
$ 10,000.00
$ 500.00
Total Extra Services Estimated Cost
$ 10,500.00
All direct labor costs (hourly charges) will be supported with copies of time sheets signed
by the employee and his supervisor.
SCHEDULE
LJA Engineering and Surveying Inc. is prepared to begin work as soon as authorized and proceed
with the work in conjunction with the City's schedule. The preliminary and design phases can be
undertaken concurrently. A draft of the proposed project will be provided to City staff for review
comment within 30 calendar days of receipt of the field surveys and locations of services. The final
project can be provided within 30 days of receipt of review comments.
LJA Engineering and Surveying Inc. appreciates the opportunity to prepare this assignment letter
for the City. Should you have any questions, please advise.
Very truly yours,
~~~~
Charles W. Beere, P.E.
Senior Project Manager
Mr. Don Pennell
City of La Porte
September 9,2010
Page 5
By:
TITLE:
Attachment:
DATE:
K
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
October 11. 2010
Appropriation
Requested By: Steve Gillett
Source of Funds Fund 003 Utilities CIP
Department:
Public Works
Account Number: 003-9890-998-1100
Report: X Resolution:
Ordinance:
Amount Budgeted: $ 450,000
Exhibits: Engineers Recommendation
Amount Requested: $ 394,500
Exhibits:
Budgeted Item:
yes
SUMMARY & RECOMMENDATION
Phase I & II of the 25th Street Water Well Improvements was combined into one project to
reduce design and construction cost. This project was identified in the Cities' Water Master Plan
and is funded with fiscal year 2010 and 2011 Utilities Capital Improvement Project funds. The
project consists of two phases, both to be constructed concurrently. Phase I is the installation of
two additional 1000 gallon per minute (gpm) booster pumps and additional controls for new
equipment. Phase II is the installation of 200 horsepower (hp) well controls, upgrade the
existing electrical system, installation of manual switch gear and a Programmable Logic
Controller (PLC) for all systems.
Advertised sealed bid # 10036 - 25th Street Water Plant Phase I and II Improvements were
opened and read on September 9,2010. Bid notices were sent to 4 plan rooms and 6 contractors.
Bid packages were picked up by 7 contractors with 3 submitting bids.
Low bid was submitted by R & B Group Inc in the amount of$388,500.00. It is recommended
that the bid be awarded to R & B Group Inc. and that a $ 6,000 contingency be authorized.
Action Required bv Council:
Authorize the City Manager to execute a contract with R & B Group Inc. in the amount of
$388,5 for 5th Street Water Plant Improvements and authorize an additional $ 6,000 for
cont" gency.
/0 / lei Jro
Date
A
fiR I ~~~~ER
September 13,2010
Mr. Don Pannell
City of La Porte
P.O. Box 1115
La Porte, TX 77572
Re: 25th Street Water Plant Improvements
City of La Porte
HDR/C&M Job. No. 10-031
Dear Mr. Pannell:
Bids were opened on September 9, 2010 for the above-referenced project. Three bids
were received for the project. The following is a summary of our bid evaluation:
1. Bid Tabulation Sheet - The bids received for the project are as follows:
Contractor
Total Base Bid
R & B Group, Ine.
W.W. Payton Corp.
Gemini Contracting
$ 388,500.00
$ 410,000.00
$ 443,500.00
A copy of the bid tabulation for this project is attached. R & B Group, Inc. is the low
bidder on the Bid. Each bid was checked for mathematical errors and/or bid irregularities.
R & B Group, Inc. has worked for HDRjClaunch & Miller (HDR/C&M) in the past, and
we have had excellent results with them. R & B Group, Inc has an excellent reputation
and we believe that they are capable of doing a good job on this project.
Based on this information, HDRIC&M recommends that the City of La Porte award the
25th Street Water Plant Improvements Project to R & B Group, Inc.
NDR Engineering. Inc.
Tex.. Registered Englne.rlnl FiJln F.754
4835 Soulhwesl Fr.ewlY
Suite 1'000
Houston, TX TroZHI39
Phone: (7131622.9214
F..~ 17131822-9285
_hdrinc.com
If there are any questions concerning this recommendation, please feel free to give us a
call.
Sincerely,
HDRICLAUNCH & MILLER
J::2q
Dave Kasper, P.E.
Vice President
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L
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 11, 2010
Appropriation
Requested By:
Stephen L. Barr
Source of Funds:
Fund ]::;
Department:
Park~ & Recreation
Acc't Number:
005-9892-616-1100
Report: _Resolution: _Ordinance: ~
Amount Budgeted:
300,000
Exhibits:
Ordinance
Amount Requested:
N/A
Exhibits:
Interlocal Agreement - HC - CoLP
Exhibits:
SUMMARY & RECOMMENDATION
The Sens Road/Bay Area Boulevard expansion from Spencer to SH 225 is currently under design by
Harris County, with City of La Porte participation. This roadway is also on the City's Bicycle-Pedestrian Master
Plan for pedestrian and bicycle access as a continuation of the Bay Area Boulevard Trail that is currently under
construction. Harris County does not provide sidewalks or other pedestrian-bicycle access as a part of its
roadway provision services.
At the June 28' 20 I 0 City Council workshop, staff requested permission to proceed with preparation of
an Interlocal Agreement with Harris County to add this portion of the trail system to the design Scope of Work
for the engineering fIrms designing the roadway. The fIrms have submitted proposals and cost estimates totaling
$272,639, to add the additional pathway to the project. In anticipation of the agreement, the City Council
approved $300,000 in the FY20 1 0-20 II Capital Improvement budget for this project.
The Interlocal Agreement with Harris County to include the cost of design and eventual construction of
the bicycle-pedestrian pathway as a part of the road improvements to the Sens Road Project is presented for your
consideration and approval. Once approved by both the City and Harris County, staff will proceed with the
design portion of the contracts. Staff is recommending that the ordinance authorizing the inclusion be approved,
as a continuation of the City's Bicycle-Pedestrian Trail Plan.
Action Required bv Council:
Consider approval of an ordinance authorizing the Mayor to approve an Interlocal Agreement
the City of La Porte and Harris County to include a bicycle-pedestrian pathway in the Sens Road
Improvements Project.
to I" ~D
Date
ORDINANCE NO. 2010- 3234
AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY FOR
DESIGN AND IMPLEMENTATION OF A PEDESTRIAN PATHWAY TO BE
INCLUDED IN PROPOSED ROADWAY IMPROVEMENTS FOR SENS ROAD,
ACCORDING TO THE TERMS OF THE AGREEMENT; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract, agreement, or
other undertaking described in the title of this ordinance, a copy of which is on file in the office
of the City Secretary. The 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.
Page 1 of2
Section 3. This Ordinance shall be effective from and after its passage and approval, and
it is so ordered.
PASSED AND APPROVED, this 11TH day of October, 2010.
CITY OF LA PORTE
By:
ATTEST:
Ljy;auIl(1~
Martha Gillett,
City Secretary
APPROVED AS TO FORM:
~r~
C rk . Askins,
Assistant City Attorney
Page 2 of2
AGREEMENT
THE STATE OF TEXAS 9
9
COUNTY OF HARRIS 9
This Agreement is made and entered into by and between Harris County, a body
corporate and politic under the laws of the State of Texas, hereinafter called "County," and the
City of La Porte, a body corporate and politic under the laws of the State of Texas, hereinafter
called "City";
RECITALS:
1. The County intends to construct Sens Road (2773302) from North of Spencer Highway
to S.H. 225 as a four lane reinforced concrete curb and gutter roadway with a continuous turn
lane (fifth lane), and all necessary appurtenances, hereinafter called the "Project."
2. The City desires that a pedestrian pathway and related appurtenances, hereinafter called
the "City Improvements", be constructed as part of the Project.
3. The County is willing to construct the City Improvements as part of the Project if the City
will contribute all costs attributable to the City Improvements, including but not limited to costs
of engineering and related support services, construction, construction support services, and
materials testing, hereinafter the "City Contribution."
NOW, THEREFORE, for and in consideration of the mutual covenants, agreements and benefits
to the parties herein named, it is agreed as follows:
TERMS:
1. Upon execution of this Agreement, the County shall endeavor to prepare, or cause to be
prepared, plans, specifications, and estimates (PS&E) for the Project, including the City
Improvements, and submit copies of same to the City for written approval by the Mayor of the
City, or his designee.
2. The County shall undertake to acqUire all right-of-way necessary for the Project by
purchase, gift, donation or exercise of the power of eminent domain and accomplish
relocation/adjustment/modifications to any utilities or pipelines not owned by the City. If the
County fails to accomplish such right-of-way and entry rights and
relocation/adjustment/modifications to any utilities or pipelines, the City's sole remedy shall be
to terminate this Agreement as provided below. Within sixty (60) days of acquisition by the
County of all right-of-way or entry rights necessary for the Project, accomplishment of
J :\ADMIN\NHudsonlAgreements 201 0\SensRd-LaPorte-9-28-1 Om(2)DCW- Final. DOC
relocations/adjustments/modifications to any utilities or pipelines, and approval of PS&E for the
Project in accordance with Section 1, the County will advertise for and receive bids for the
construction of the Project, including the City Improvements in accordance with the approved
PS&E in the manner similar to that of other like County projects.
3. Upon receipt and tabulation of the bids for the Project, including the City Improvements,
County will determine the lowest and best bid for the construction of the Project, including the
City Improvements. The County's determination of such lowest and best bid shall be final and
conclusive. The County Engineer, or his designee, shall then estimate the projected County
Contribution and City Contribution based on such bid and previously incurred costs. Such
estimate of the City Contribution shall include an amount equal to 10% of the amount of the bid
attributable to the City Improvements to pay for potential cost increases during construction.
4. In the event the estimated County Contribution does not exceed the maximum sum
available to the County per Section 13 below and the estimated City Contribution does not
exceed the maximum sum available to the City per Section 13 below, the County Engineer, or
his designee, shall notify the City of the estimated City Contribution. The City will transmit to
the County within thirty (30) days of such notification, its check made payable to Harris County
Treasurer in an amount equal to the estimated City Contribution. In the event the estimated
County Contribution is less than the maximum sum available to the County per Section 13 below
and the estimated City Contribution is greater than the maximum sum available to the City per
Section 13 below, the County Engineer, or his designee, shall notify the City of the estimated
City Contribution and the City may transmit to the County within thirty (30) days of such
notification, its check made payable to Harris County Treasurer in an amount equal to the
estimated City Contribution.
5. In the event the estimated County Contribution is greater than the maximum sum
available to the County per Section 13 below, or if the estimated City Contribution is greater that
the maximum sum available to the City per Section 13 below or if the estimated City
Contribution is greater than the maximum sum available to the City per Section 13 below and the
City does not opt to exercise its option under Section 4 to provide additional funding, or if both
situations occur, County shall have the following options:
a. County may elect to attempt to pay the additional costs. In such case, the
County shall notify the City of its choice, and the City will transmit to the
County within thirty (30) days of such notification, its check made
payable to Harris County Treasurer in an amount equal to $307,099.24
b. County may reject all bids and elect not to proceed with the letting of the
contract and terminate this agreement as provided below.
c. County may reject all bids and re-advertise for bids for construction of the
Project in accordance with the approved drawings and specifications in the
same manner as before and under the same conditions.
2
J :\ADMIN\NHudson\Agreements 201 0\SensRd-LaPorte-9-28-1 Om(2)DCW - Final.DOC
d. County may attempt to negotiate an amendment to this Agreement to
provide for payment of the additional costs, and if such an amendment is
obtained, proceed under its terms. If the parties fail to agree to an
amendment to this Agreement, then and in that event the County may
proceed under one of the other three options.
6. Within thirty (30) days after the receipt of funds from the City pursuant to Section 4 or 5
above, the County shall award the contract to the responsible bidder who submits the lowest and
best bid, in accordance with the usual and customary procedures of the County, subject to
certification of the availability of funds for the Project by the County Auditor. It is expressly
agreed and understood that the County reserves the right to reject all bids. In such event, the
County, in its discretion, may either re-advertise for bids pursuant to the same understanding
with regard to rejection of bids or terminate this agreement as hereinafter provided. The County's
determination of the responsible bidder who submits the lowest and best bid for the Project shall
be final and conclusive.
7. The County shall be responsible for administering the construction contract. During the
construction of the Project, the City shall have the right of access to the construction site and
shall have the right to review all documents, maps, plats, records, photographs, reports or
drawings affecting said construction, provided, however, each shall give notice by telephone to
the Harris County Engineer prior to any inspection of either the site or documents and provided
further that in conducting said inspections, City shall not interfere with the work in progress
8. Any funds paid by the City to the County per Sections 4 or 5 above shall not be used by
the County for any purpose other than paying or reimbursing City Improvement Costs.
9. The County shall cause the funds paid by the City to County hereunder that are not
needed to meet obligations due or contemplated to be due within sixty (60) days, to be invested
in the same manner as similar funds are invested by the County in federal obligations or
interest-bearing time deposits. The determination by County of the portion of said funds needed
to meet such obligations shall be conclusive. Upon completion of construction of the Project, the
County shall perform or cause to be performed, a final accounting. If the amounts paid by the
City to the County hereunder, including interest earnings thereon, exceeds an amount equal to
the actual City Contribution, the County shall promptly pay over the amount of such excess to
the City. If the amounts paid by the City to the County hereunder, including interest earnings
thereon, are less than an amount equal to the actual City Contribution, the City shall promptly
pay over the amount of such deficiency to the County, subject to the funding limitations in
Section 13.
10. The County acknowledges and agrees that the City's sole obligation under this
Agreement during the construction of the Project is to contribute funding for the costs of the
Project to the extent stated in this Agreement, and the City has not assumed any responsibility
for the actual construction of the Project or the performance of the work other than the
contribution of funds as provided herein. The City shall not be responsible for the maintenance
3
J :\ADMIN\NHudson\Agreements 201 0ISensRd-LaPorte-9-28-1 Om(2)DCW - Final.DOC
or condition of the Project facilities during construction of the Project. Upon completion of the
Project, the City will assume responsibility for the maintenance and repair of the City
Improvements to the extent and in the same manner as other like facilities within the City.
11. The County may make such changes and amendments to the drawings and specifications
within the general scope of the approved PS&E as the County Engineer deems necessary or
desirable during construction of the Project.
12. Either the County or the City may terminate this Agreement, without cause, at any time
prior to the letting of the Contract for construction of the Project, by written notice to the other
patty. After termination, neither party shall have any further obligations hereunder, except as
follows: County shall return to the City any funds which the City has paid to the County
hereunder less the costs attributable to City Improvements incurred prior to such termination,
together with the interest earned on such returned funds; or, if the City has not yet paid any funds
to the County hereunder, the County shall notify the City of the amount of costs attributable to
City Improvements incurred prior to such termination, and the City shall, within thirty days after
such notice, deliver its check to the County in an amount equal to the sum of the costs
attributable to City Improvements incurred prior to termination. After termination of this
Agreement, the County may continue, at its option, with construction of the Project, with or
without the City Improvements.
13. Not withstanding any other provision of this Agreement, it is expressly understood and
agreed that County is not obligated to expend more than the maximum sum of $11,927,620.95 to
satisfy its obligations under this Agreement, and the City is not obligated to expend more than
the maximum sum of $307,099.24 to satisfy its obligations under this Agreement, but either
party may at its option make further funds available.
14. The City and its authorized representatives shall have the right to review and audit all
books, records, vouchers and documents of whatever nature related to County's performance
under this Agreement during the period of performance of this agreement and for three (3) years
thereafter or for so long as there exists any dispute or litigation arising from this agreement.
15. No party hereto shall make, in whole or in part, any assignment of this agreement or any
obligation hereunder without the prior written consent of the other parties hereto.
16. All notices required or permitted hereunder shall be in writing and shall be deemed
delivered when actually received or, if earlier, on the third day following deposit in a United
States Postal Service post office or receptacle with proper postage affixed (certified mail, return
receipt requested) addressed to the respective other party at the address prescribed hereinbelow
or at such other address as the other party may have theretofore prescribed by notice to the
sending party.
4
J :\ADMIN\NHudson\Agreements 201 O\SensRd- LaPorte-9-28-1 Om(2)DCW- Fina1.DOC
Address for notice shall be as follows:
To City:
City of La Porte
604 Fairmont Parkway
La Porte, Texas 77571
Attention:
John Joerns
To County: Harris County Public Infrastructure Department
Architecture and Engineering Division
1001 Preston, 5th Floor
Houston, Texas 77002
Attention:
Contract Administration
17. This instrument contains the entire agreement between the parties relating to the rights
herein granted and the obligations herein assumed. Any modifications concerning this instrument
shall be of no force and effect excepting a subsequent modification in writing, approved by the
governing bodies and signed by all parties hereto.
IN TESTIMONY OF WHICH, this agreement, in duplicate counterparts, each having
equal force and effect of an original, has been executed on behalf of the parties hereto as follows,
to-wit: OCT 2 6 2010
a. It has on the _ day of , 2010, been executed
on behalf of the County by the County Judge of Harris County, Texas,
pursuant to an order of the Commissioners Court of Harris County
authorizing such execution.
b. It has on the \ ,'I 4W day of O~ ~( , 2010, been executed
on behalf of the City by the Mayor and attested by its City Secretary,
pursuant to ordinance of the City Council of the City of La Porte
authorizing such execution.
5
J :\ADMIN\NHudson\Agreements 20 I O\SensRd- LaPorte-9-28- I Om(2 )DCW - FinaLDOC
APPROVED AS TO FORM:
HARRIS COUNTY
VINCE RYAN
County Attorney
"
By: ---L.:.> t/-----'
Don C. Whitley
Assistant County Attorney
By:
W~tK
Ed Emmett
County Judge
ATTEST
CITY OF LA PORTE
BYGIYI~~
Martha Gillett
City Secretary
APPROVED AS TO FORM:
By:~T./f~
rk T. Askins
Assistant City Attorney
6
J :\ADMIN\NHudson\Agreements 20 I 0\SensRd-LaPorte-9-28-1 Om(2 )DCW - Final.DOC
THE STATE OF TEXAS S
COUNTY OF HARRIS s
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court
at the Harris CounW Administration Building in the City of Houston, Texas, on the _ day of
OCT ,;., 6 2010 ,2010, with the following members present, to-wit:
Ed Emmett
EI Franco Lee
Sylvia R. Garcia
Steve Radack
Jerry Eversole
County Judge
Commissioner, Precinct No. I
Commissioner, Precinct No.2
Commissioner, Precinct No.3
Commissioner, Precinct No.4
and the following members absent, to-wit: 1'00 r~~
constituting a quorum, when among other business, the following was transacted:
ORDER AUTHORIZING/APPROVING AGREEMENT BETWEEN HARRIS
COUNTY AND THE CITY OF LA PORTE, FOR JOINT FUNDING OF THE
CONSTRUCTION OF SENS ROAD FROM NORTH OF SPENCER
HIGHWAY TO S.H. 225
Commissioner
motion that the same be adopted.
motion for adoption of the order.
prevailed by the following vote:
h...e e intr~uced an order and made a
Commissioner l::) vVlC \ ('-- seconded the
The motion, carrying with it the adoption of the order,
Yes No Abstain
Judge Emmett D D
Comm. Lee D 0
Comm. Garcia 0 0
Comm. Radack D 0
Comm. Eversole D 0
The County Judge thereupon announced that the motion had duly and lawfully carried
and that the order had been duly and law-fully adopted. The order thus adopted follows:
IT IS ORDERED that the County Judge is authorized to execute for and on behalf of
Harris County, an Agreement by and between Harris County and the City of, for joint funding of
the construction of Sens Road (2773302) from North of Spencer Highway to S.H. 225 as a four
lane reinforced concrete roadway with a continuous turn lane (fifth lane), curb and gutter, said
Agreement being incorporated herein by reference for all purposes as though fully set forth word
for word.
Presented to Commissioner's Court
J :\ADMIN\NHudson\Agreements 201 0\SensRd-LaPorte-9-28-1 Om(2 )DCW- Final.DOC
OCT 26 2010
APPROVE
Recorded Vol__ Page
N
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 11, 2010
Requested By: Michael Dolby, CPA
Department: Finance
Report:
Resolution:
Ordinance:
xx
Exhibits: Ordinance
Exhibits: Excerpt from FY 2011 Adopted Budget
& Amended Budget (Exhibit A & B)
Exhibits: Explanations / Backup for Amendment
Source of Funds: N/ A
Appropriation
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: YES
NO
SUMMARY & RECOMMENDATION
The City Council adopted the Fiscal Year 2010-11 Budget on September 13,2010.
The Summary of Funds, which is shown below, represents the amendments which council previously approved to
the FY 2010-11 Budget. (*denotes funds with current changes)
General Fund
Grant Fund
Street Maintenance Sales Tax Fund
Community Investment
Hotel/Motel Occupancy Tax
La Porte Development Corporation
Tax Increment Reinvestment Zone
Utility
Airport
La Porte Area Water Authority
Golf Course
Motor Pool
Insurance Fund
Technology Fund
General Capital Improvement
Utility Capital Improvement
Sewer Rehabilitation Capital Improvement
Drainage Improvement Fund
2004 Certificates of Obligation Bond Fund
2007 Certificates of Obligation Bond Fund
Transportation & Other Infrastructure Fund
General Debt Service
Utility Debt Service
La Porte Area Water Authority Debt Service
Total of All Funds
Original Budget
$36,721,763
831,499
700,000
35],000
373,5]9
],2]5,599
],9] 9,250
7,885,956
22,068
],040,920
o
3,043,748
4,903,465
o
2,388,442
] ,020,000
345,000
270,000
550,000
647,]84
330,000
3,5] 6,576
3 16,496
689,488
$69,08],973
Previously
Amended Budget
$36,72],763
831,499
700,000
35],000
373,519
] ,215,599
],9]9,250
7,885,956
22,068
1,040,920
o
3,043,748
4,903,465
o
2,388,442
1,020,000
345,000
270,000
550,000
647,]84
330,000
3,5] 6,576
3] 6,496
689,488
$69,081,973
Proposed
Amended Budget
$36,721,763
865,999 *
700,000
35],000
373,519
],215,599
],9]9,250
7,885,956
22,068
] ,040,920
o
3,043,748
4,903,465
o
2,388,442
1,020,000
345,000
270,000
550,000
647,]84
330,000
3,5]6,576
316,496
689,488
$69,116,473
Action Required bv Council:
Adopt dinance Amending Fiscal Year 2010-11 Budget for $34,500 in the Grant Fund. ($13,500 for the purchase
of ice se plate reader utilizing the municipal court's judicial efficiency funds and $21,000 for a grant from
HAC, hich will be used to upgrade our oil recyclers.)
ROD Bottoms, City Manager
10
1(, lID
Date
ORDINANCE NO. 2010- 3265'
AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE,
TEXAS, FOR THE PERIOD OF OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2011; FINDING
THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND
PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require
that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas,
prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the
adoption of said Budget; and
WHEREAS, the Budget for the fiscal year October 1, 2010, through September 30, 2011, has
heretofore been presented to the City Council and due deliberation had thereon, was filed in the office
of the City Secretary on July 26, 2010, and a public hearing scheduled for September 13, 2010 was
duly advertised and held.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for
consideration, a complete copy of which is on file with the City Secretary and a summary of which is
attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget
summary document, attached hereto by reference as Exhibit "B", as the Budget for the said City of La
Porte, Texas, for the period of October 1, 2010, through September 30, 2011.
SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and
necessary to the adoption of said Budget have been performed as required by charter or statute.
SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this meeting,
as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting
has been open to the public as required by law at all times during which this Ordinance and the subject
matter thereof has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof.
SECTION 4: This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this the 11th day of October, 2010.
~1WJiJ.
Martha Gillett, City Secretary
~~
CI
EXHIBIT A
(ORIGINAL BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 10-11 FY 10-11
Revenues Expenses
Governmental Fund Types:
General Fund 36,721,763 36,721,763
Grant Fund 590,551 831,499
Street Maintenance Sales Tax 718,613 700,000
Community Investment 259,410 351,000
HotellMotel Occupancy Tax 419,000 373,519
Section 4B Sales Tax 1,443,226 1,215,599
Tax Increment Reinvestment 2,000,750 1,919,250
Total Governmental Types 42,153,313 42,112,630
Enterprise:
Utility 7,894,600 7,885,956
Airport 54,782 22,068
La Porte Area Water Authority 1,219,011 1,040,920
Total Enterprise 9,168,393 8,948,944
Internal Service
Motor Pool 2,095,815 3,043,748
Insurance Fund 4,548,418 4,903,465
Technology Fund 164,784
Total Internal Service 6,809,017 7,947,213
Capital Improvement:
General 2,146,503 2,388,442
Utility 603,500 1,020,000
Sewer Rehabilitation 300,600 345,000
Drainage Improvement Fund 270,400 270,000
2004 C/O Bond Fund 550,000
2007 C/O Bond Fund 647,184
2010 C/O Bond Fund 10,000
Other Infrastructure 7,000 330,000
Total Capital Improvement 3,338,003 5,550,626
Debt Service:
General 3,693,160 3,516,576
Utility 312,179 316,496
La Porte Area Water Authority 689,488 689,488
Total Debt Service 4,694,827 4,522,560
Total All Funds 66,163,553 69,081,973
EXHIBIT B
(AMENDED BUDGET)
City of La Porte
Consolidated Summary of All Funds
FYIO-11 FY 10-11
Revenues Expenses
Governmental Fund Types:
General Fund 36,721,763 36,721,763
Grant Fund 611,551 865,999
Street Maintenance Sales Tax 718,613 700,000
Community Investment 259,410 351,000
Hotel/Motel Occupancy Tax 419,000 373,519
Section 4B Sales Tax 1,443,226 1,215,599
Tax Increment Reinvestment 2,000,750 1,919,250
Total Governmental Types 42,174,313 42,147,130
Enterprise:
Utility 7,894,600 7,885,956
Airport 54,782 22,068
La Porte Area Water Authority 1,219,011 1,040,920
Total Enterprise 9,168,393 8,948,944
Internal Service
Motor Pool 2,095,815 3,043,748
Insurance Fund 4,548,418 4,903,465
Technology Fund 164,784
Total Internal Service 6,809,017 7,947,213
Capital Improvement:
General 2,146,503 2,388,442
Utility 603,500 1,020,000
Sewer Rehabilitation 300,600 345,000
Drainage Improvement Fund 270,400 270,000
2004 C/O Bond Fund 550,000
2007 C/O Bond Fund 647,184
2010 C/O Bond Fund 10,000
Other Infrastructure 7,000 330,000
Total Capital Improvement 3,338,003 5,550,626
Debt Service:
General 3,693,160 3,516,576
Utility 312,179 316,496
La Porte Area Water Authority 689,488 689,488
Total Debt Service 4,694,827 4,522,560
Total All Funds 66,184,553 69,116,473
From:
To:
Subject:
Date:
Mitrano Denise
Dolbv Michael; Wolnv. Shellev; Adcox. Kenith; Bedford. Michelle
FW: Judidal Efficiency Fund
Wednesday, September 15, 2010 12:13:13 PM
Hello,
Will one of you help me with the issue below. Michelle at PD is ready to place an order for license
plate readers on Oct 1. If possible, we would like for her to order the one being funded out of the
judicial efficiency fund as well.
Thanks,
Denise
From: Mitrano, Denise
Sent: Friday, August 27, 2010 11:35 AM
To: Dolby, Michael
Cc: Adcox, Kenith; 'Denise Mitrano'
Subject: Judicial Efficiency Fund
Michael,
In addition to technology and security, the Court has a 3rd fund, the judicial efficiency fund. I
would like to use that fund to assist with warrant collections for the Court by purchasing a license
plate reader that the police department will operate. The cost of the license plate reader is
approximately 18,500.00 I believe only 5,000 of the judicial efficiency money is being moved to the
Court's fund for the upcoming budget year so will a budget amendment need to be done to move
more money over?
Please advise on the best way to proceed and thank you for your help with this.
Denise
~
BEARCOM@
Wireless Worldwide
Customer/Prospect Number 897268
Recommendation
9/L7120 LO 10:36:59 Page-
Quote Date: 8/25/2010 Branch 20210
Quote Number: 68002
Ship To
897268
CITY OF LA PORTE POLlCE DEPARTMENT
915 S 8TH STREET
LA PORTE TX 77571
CITY OFLA PORTE POLICE DEPARTMENT
915 S 8TH STREET
LA PORTE TX 77571
---------- ---..-....- -~--_..--,----_..._- --...---- -~_._-_._-_.__.._._---_.-
Customer Contact:
Phone Number:
MICHELLE BEDFORD
281 842-3190
Email: BEDFORDM@LAPORTETX.GOV
Delivery lnstr:
Quantity
Ordered
Part
Number
Unit
Extended
Price
Price
2 SLATE-810-LE-P
PIPS SLATE 4 CAMERA KIT
17,143.70
34,287.40
2 lNST ALL
lNSTALLATI0N SERVICES
800.00
1,600.00
Quote valid until 3/112011
Confidential and Proprietary
Sub Total
Shipping and Handling
Tax
Total
35,887.40
21328
TBD
.~
_._}6-,1006~
Estimate
x
Customer Signature
STEVE SELF
Account Executive
~t~'J~:.~elf@I:!~iirC::()I11.~()lll..
DEER PARK Branch Office: 800-856-2022 Ext: 21018
FAX: 281-930-1052
Visit our Web site at :
www.BearCom.com
Buy I)) Rent I)) Service I))
From:
To:
Subject:
Date:
Allen Lee
Wolnv Shellev
HGAC Grant
Wednesday, September 15, 2010 9:56:56 AM
The City is receiving a grant from HGAC in the amount of $21,000. The grant will be used to
upgrade our oil recyclers. The HGAC contract number is 11-16-G06
The contract amount is $21,000. Can you set up an account for Solid Waste to use when we receive
the funds?
Lee Allen, Equipment Services/Solid Waste Superintendent
City of La Porte, Texas
2963 N. 23rd Street
281-470-5114
HOUSTON-GALVESTON AREA COUNCIL
FYll SOLID WASTE IMPLEMENTATION
PROGRAM CONTRACT
Contractor
Entity
Street Address
City, Texas Zip
I
City of La Porte
2963 North 23rd Street
La Porte, Tx 77571
Contact:
Telephone:
Fax:
Email:
Mr. Lee Allen
281-470-5114
281-470-5129
allenl@laportetx.gov
I H-GAC
Community and Environmental Planning Department
Houston-Galveston Area Council
3555 Timmons Lane, Suite 120
Post Office Box 22777
Houston, Texas 77227-2777
tel. 713.627.3200
fax. 713. 993.4503
Staff Contacts: Staff Contact
Title Erin Livingston
Phone 832-681-2525
Email erin.1ivingston@h-gac.com
TCEQ FY 11 Solid Waste Implementation Grants
Project Description: Upgrade of Oil Recycle Program
Contract Number:
11-16-G06
Contract Amount:
$21,000.00
Grant Period:
09/01/10 to 06/30/11
Page I of37
ATTACHMENT A
City of La Porte
Project Description: The City of La Porte will use funds to enhance of its current oil recycling
program that was established in 2000. The funding will be used to purchase 3 used oil containers
and 3 tertiary containment spill pans. These used oil recycling systems will replace 3 units
currently in operation by the City of La Porte. The City of La Porte has six sites throughout
which are monitored by solid waste staff on a weekly basis. Used oil filters are also collected at
the sites. The sites are cleaned weekly and used oil is removed as the tanks are filled.
Task I: Attend mandatory erants administration workshoo
Activity and/or Deliverable - A Mandatory Grants Administration Workshop will be hosted by
H-GAC on September 14,2010 for all FYII Solid Waste Implementation Grant program and
financial staff. Both program and financial representatives are required to attend.
Schedule of Activity and/or Deliverable (in weeks or months) - I week.
Task II: Select and ourchase aoorooriate eQuioment
Activity and/or Deliverable - Equipment will be reviewed that meets the specifications and
needs of the Program. City of La Porte staff will review equipment that meets the requirements
and budget limitations. Staff will purchase the equipment following established bid procedures.
Schedule of Activity and/or Deliverable (in weeks or months) - 3 to 5 months.
Task III: Controlled asset inventory
Activity and/or Deliverable - Upon purchase of equipment, a control asset inventory form will
be submitted to H-GAC with corresponding financial report. Controlled asset (i.e. equipment)
will also be added to City of La Porte's real property inventory in accordance with all federal,
state and local laws, rules and regulations.
Schedule of Activity and/or Deliverable (in weeks or months) - As needed.
Task IV: Place the eQuioment into use
Activity and/or Deliverable - Appropriate training will be obtained and the equipment will be
put into use. Equipment will be used to enhance and expand the City of La Porte used oil
recycling program.
Schedule of Activity and/or Deliverable (in weeks or months) - On-going upon delivery.
Task V: Imolement oroeram awareness camoaien
Activity and/or Deliverable - Implement awareness campaign. Campaign will include
newspapers, newsletters, brochures and web materials. Educational materials will be forwarded
to H-GAC for pre-approval prior to distribution. One set of final educational materials will be
forwarded to H-GAC for their files.
Special Contract Provisions
Schedule of Activity and/or Deliverable (in weeks or months) - Begin as soon as program is
available.
Task VI: Pro!!ress Reoortin!!
Activity and/or Deliverable - Progress Reports will be submitted to H-GAC. H-GAC will
provide the appropriate reporting forms. Forms must be submitted even if there is no activity to
report. A follow-up report will be submitted in 2012.
· Due dates for written Progress Reports
December 10,2010 (September - November)
March 10, 2011 (December - February)
June 10,2011 (March - May)
July 31,2011 (June)
Follow Up Report - September 2012
Schedule of Activity and/or Deliverable (in weeks or months) - As scheduled above.
Task VII: Financial Reoortin!!
Activity and/or Deliverable - Financial reporting with appropriate documentation will be
submitted monthly to H-GAC for reimbursement. H-GAC will provide the appropriate financial
forms. Forms must be submitted even ifno reimbursement is requested.
Schedule of Activity and/or Deliverable (in weeks or months) - Monthly. Final
reimbursement request is due 31 days after grant termination.
Task VIII: Additional Reoortin!!
Activity and/or Deliverable - The City will respond to surveys and/or other requests from
H-GAC or TCEQ for information on municipal solid waste management activities.
Schedule of Activity and/or Deliverable (in weeks or months) - As requested.
Special Contract Provisions
ATTACHMENT B
Contract Budget
Ci of La Porte
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$21,000.00
$0.00
$21,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
0%
0%
0%
0%
0%
$0.00
$0.00
$0.00
$0.00
$0.00
I"~~~ 'w
) ,,' ):S;~ ',;:;),2>'1
^":,;,*,,;x
:-::,::::;->",,','/"","i
':', (>;L~t;;J;j/:
Type of Supplies i
^, n^, ^ ^ ^^ ^,^ I
... t 8o,;pU~ FUD~~~
'Unit'Cost" :No~,8fUnits ^
$0.00 0
$0.00 0
fueot F^unded
$0.00
$0.00
^< Gtller Funded' ^
$0.00
$0.00
$0.00
Printing / Reproduction $0.00
Signage $0.00
Record Storage $0.00
Office Space $0.00
Basic Office Furnishings $0.00
EQuipment Rentals $0.00
Books / Subscriptions $0.00
Repair / Maintenance $0.00
Legal Services $0.00
Temporary Services $0.00
,.,UU, _ iiU lilnU" iii
Recvcling Bins $0.00
Recycling Bins $0.00
Personal Protective EQuipment $0.00
Personal Protective Equipment $0.00
Personal Protective EQuipment $0.00
Computer Hardware $0.00
Computer Software $0.00
Promotional Item $0.00
Promotional Item $0.00
Promotional Item $0.00
Promotional Item $0.00
Other Equipment (<$5,000) Used oil container with 300 gal tank $4,000.00 3 $12,000.00
Other Equipment (<$5,000) Tertiary spill pan $3,000.00 3 $9,000.00
Additional Other $0.00
Additional Other $0.00
Additional Other $0.00
o
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October II, 20 I 0
AppropnatloJl
Requested By:
Ron Bottoms
Source of Funds: Community Investment
Department:
Adm i n istration
Account Number: 036-6061-565.99-97
Rep0l1: ~Resolution: ~Ordinance:---L
Amount Budgeted:
$165.000
Exhibits:
Ordinance
Amount Requested:
$90,000
Exhibits:
Interlocal Agreement
Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
This Interlocal Agreement is between the City of La Porte and Harris County for circulator bus service in the City of La
P0I1e. It goes into affect October I, 20 I O.
Action Required by Council:
Authorize the execution of the attached Interlocal Agreement with Harris County for circulator bus service.
10 Ie( ~
Ron Bottoms, City Manager
Date
ORDINANCB NO. 2010 - 3 L 6[0
AN ORDIRAJlTCB APPROVDTG AND AUTHORIZING AN J:HTBRLOCAL AGRBBJlBRT
BBTWBBllT THB CITY 01' LA PORTB AND BARRIS COUBTY, I'OR I'IXBD ROUTB BUS
SBRVICB WITH COJIPLBDRTARY PARATRAllTSI:T SBRVICBS m TBB CI:TY 01' LA
PORTB, KAlCING VARIOUS I'nmJ:JlTGS AND PROVISIOlfS RBLATING TO THB
SUBJBCT, I'IRDING COJIPLJ:AJlTCB WITH TBB OPBllT JlBBTDfGS LAW, AND
PROVIDJ:JlTG AN BI'I'BCTIVB DATB HBRBOI'.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SectioD 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the city Secretary. The City Manager is hereby authorized to
execute such document and all related documents on behalf of the
City of La Porte.
The City Secretary is hereby authorized to
attest to all such signatures and to affix the seal of the City to
all such documents.
SectioD 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.
SectioD 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this t r"-;.ay of bc.A--<'
, 2010.
By:
ATTEST:
APPROVED:
fIt.~ 1;~
Clark . Ask n
Assistant city Attorney
2
INTERLOCAL AGREEMENT
FOR CIRCULATOR BUS SERVICE
IN CITY OF LA PORTE
THE STATE OF TEXAS
COUNTY OF HARRIS
This Agreement is made and entered into by and between the Harris County,
Texas, a body corporate and politic under the laws of the State of Texas, herein after
called the "County" and the City of La Porte, a home-rule city under the laws of the
State of Texas, hereinafter called "La Porte", pursuant to the Interlocal Cooperation Act,
Chapter 791 Texas Government Code.
WITNESSETH
WHEREAS, certain portions of eastern Harris County lie outside the jurisdictional
boundaries and service area of the Metropolitan Transit Authority of Harris County,
Texas and do not currently have bus service; and
WHEREAS, La Porte and the County find that the operation of Fixed Route Bus
Service within the City of La Porte will enhance regional mobility and support transit
services within the County and La Porte; and
WHEREAS, La Porte and the County have agreed to the provision of Fixed
Route Bus services in accordance with the terms, rights and duties set forth in this
agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants,
agreements and benefits to the parties herein named, it is agreed as follows:
ARTICLE I
Agreement and Definitions
1.1 Scope of Agreement. This Agreement specifies the terms and conditions
under which the County will provide Fixed Route Bus Service with Complementary
Paratransit Services, as defined below, within the City of La Porte. The parties agree
that each will cooperate and coordinate with the other in all activities covered by the
1 10/4/2010
Agreement and any supplemental agreements hereto. It is agreed by the parties that La
Porte's participation in this Agreement is conditioned upon and subject to entry by both
the City of Pasadena, Texas and the San Jacinto College District into collateral
contracts with Harris County, Texas requiring their participation in the County's fixed
route bus service program.
1.2 Definitions. For the purpose of this Agreement, the following terms shall
have the meanings set forth below:
1.2.1 "Fixed Route Bus Service" means services provided on a repetitive, fixed
schedule basis along a specific route with vehicles stopping to pickup and deliver
passengers to specific locations; each fixed route trip serves the same origins and
destinations.
1.2.2 "Complementary Paratransit Services" means service required by the
Americans with Disabilities Act (ADA) for individuals with disabilities who are unable to
use fixed route transportation systems and are deemed eligible for the service.
1.2.3 "Local Operating Funds" means the financial assistance from local entities
that support the operation of the transit system as required by a grant to match the
federal contribution. They include, but are not limited to: tax levies; general funds;
specified contributions, contributions from city, county or other municipal government
towards the Local Share portion of the transit system budget; donations; and other
revenues such as advertising.
ARTICLE 2
LA PORTE Obligations
2.1 The County shall have no obligation to obtain sites for or to construct or
maintain transit stops for the bus service. The bus service shall not begin until La Porte
provides, equips in accordance with the requirements set forth herein, and makes
available for use in regard to services hereunder transit stops at all locations chosen by
the County To be acceptable, each such transit stops must at a minimum have a
"transit stop" sign facing both directions, using the graphic shown in Exhibit "B" to this
Agreement. As additional Federal Transit Authority (FTA) capital improvement funds
2
10/4/2010
become available, the County, may, at its sole option, use those funds and matching
Local Operating Funds provided by the City of La Porte to pay for additional transit stop
improvements such as site pads, park benches and passenger shelters.
2.2 All transit stops will have the following minimum standards:
. A firm stable surface;
. A minimum clear length of 96 inches measured from the curb or roadway
edge and minimum clear width of 60 inches measured parallel to the
vehicle roadway;
. A maximum slope of 1 :50 (2%) for water drainage; and
. An accessible route to the streets, sidewalks or pedestrian paths.
2.3 The City of La Porte will provide advertising on the City of La Porte
municipal television channel and the Cities Internet Site, informing the general public of
the available of transit services in the community. Additionally, the City of La Porte will
provide information inserts into the City water bills or in its monthly City of La Porte
Newsletter advertising the service. The design of the Information inserts will be
provided by the County.
2.4 Subject to the participation of the City of Pasadena, Texas and the San
Jacinto College District, as specified in Paragraph 1.1 herein, the City of La Porte will
provide all required Local Operating Funds for the cost of the service during the term of
this Agreement, up to a maximum of $90,000.00. La Porte shall send $90,000.00 to the
County for use in paying its obligations to provide Local Operating Funds within 15 days
of the effective date of this agreement. The funds will be maintained in a special reserve
account. It is understood and agreed that a portion of the route service provided is to
benefit students of San Jacinto College for which San Jacinto College is subject to a
separate agreement, and the County may look to San Jacinto College and others to pay
part of the Local Operating Funds. In the event San Jacinto College does not reach an
agreement with the County or cease to continue its relationship with the County, the
County has the right to adjust routes and service times accordingly, provided that such
change is approved by the City of La Porte. Should the County determine that such
funds from the City of La Porte and others are inadequate to pay for all required Local
3
Operating Funds during such first year, the County shall have no obligation to continue
providing the services hereunder unless and until the City sends additional funds to the
County for such purpose, subject to the same requirements applicable to use of the
original contribution.
ARTICLE 3
County Obligations
3.1 The County agrees to operate the Fixed Route Bus Service in the City of
La Porte and provide necessary transit vehicles through the use of outside contractors.
The Director of the County Community Services Department (director) will, in
consultation with the City of La Porte determine the travel routes for such service, and
will determine the schedule for operation, and the type and number of transit vehicles to
be utilized for the service. The Director may, from time to time, revise the schedule for
operation of the service based upon ridership levels and service demands in
consultation with the City of La Porte. Any changes in service will be subject to the
public input requirements of Title VI, 42 U.S.C. The proposed routes are depicted on
Exhibit "A" to this Agreement, and the service hours will be from 7:00 AM until 6:00 PM
Monday through Friday excluding County holidays.
3.2 Fares will be assessed for use of the transit services. The County will
collect and retain the fares as follows, provided that the County may enter into
agreements as it may deem necessary and proper to provide for bus services to be
provided otherwise than by payment of such fees:
Adult (12 years and older)
Children 2 years to 11 years
Seniors (65 and older with identification)
Disabled (With identification)
Children under 2 years
Certified Demand Response
Eligible Passengers
$1.00 each way
$ .50 each way
$ .50 each way
$ .50 each way
Free
$2.00 each way
4
10/4/2010
3.3 FT A funds can only be accessed on a reimbursement basis, the expenditure
of County and La Porte funds will be required prior to seeking any reimbursement from
the FTA. Notwithstanding any provision of this Agreement that might be construed to
the contrary, the County shall not be obligated by this Agreement to expend any funds,
but it is understood and agreed that the funds provided by La Porte may only be
expended by the County to the extent that th~ C()lInty, Cititl; sQL~optionL eXRend~_d
matching funds for the purpose of seeking FTA reimbursement. La Porte's funding
hereunder will be used for payment of the Local Share. All FTA reimbursement will be
the property of the County.
ARTICLE 4
liability
La Porte and the County are governmental units under the Texas Tort Claims
Act.
La Porte is not an agent, servant, nor employee of the County. The County is
not an agent, servant, nor employee of La Porte.
The parties expressly agree that the transportation services provided pursuant
to this Agreement are not a joint venture or enterprise. It is not the intent of the parties
that a joint enterprise relationship is being entered into and the parties specifically
disclaim such relationship. This Agreement does not constitute a joint enterprise, as
there are no pecuniary interests, no common purpose, and no equal right of control
between the parties.
ARTICLE 5
Termination and Default
5.1 Termination by LA PORTE or the County. Notwithstanding any other
provision of this Agreement, either La Porte or the County may, in its sole discretion,
terminate the provisions of services under this Agreement, if it determines that it is in its
best interest to do so, providing, however, that the party seeking to terminate the
provision of services under this Agreement gives written notice to the other party at
least 90 calendar days prior to the expected date of the termination of services.
5 10/4/2010
5.2 Notice of Default. La Porte or the County shall be deemed in default under
this Agreement if La Porte or the County in any material respect fails to perform,
observe or comply with any of its covenants, agreements or obligation, or breaches or
violates any of its representations contained in this Agreement.
Before anYlc:lilure of~itl1er1~ PgIte oIJheQQunty-~Il~IIQ~_d~~l1ledtQbggbrE:tach.
of this Agreement, the party claiming such failure shall notify, in writing, the party
alleged to have failed to perform, of the alleged failure and shall demand the party cure
the default within ninety (90) calendar days. If the allegedly failing party has not cured
the default, that party will be in default of this Agreement, unless La Porte and the
County agree to extend time for cure, and the Agreement may be terminated by the
other party immediately upon notice of the non-defaulting Party's intention to terminate.
ARTICLE 6
Term
Unless terminated sooner as set forth above, the term of this Agreement shall be
one year from the date this Agreement is executed. Any unexpended and unearned
surplus from funds provided by La Porte remaining in the account upon termination of
this Agreement will be refunded to La Porte unless different arrangements are made in
an amendment to this Agreement or a new agreement between the parties in regard to
the Fixed Route Bus Service. The County is under no obligation to invest or to account
for or pay to La Porte any earnings upon funds provided hereunder by La Porte.
ARTICLE 7
Miscellaneous
7.1 Approvals, Further Documents. Where this Agreement requires
approval, consent, permission, agreement or authorization by either party, such
approval, consent, permission, agreement or authorization shall not be unreasonably
withheld nor delayed. The parties agree to execute such further documents,
6
10/4/2010
agreements, instruments and notices as may be necessary or appropriate to effectuate
the purposes of this Agreement.
7.2 Maintenance of Records. La Porte and the County shall maintain records
to show actual time involved in the provision of the transportation services, the cost
incurred for the period of time specified, and the level of ridership. The County shall
maintain ridership information in a t119J1ne,"- <:;onsistent witb_National~ran?jt Djl!ab~~~
- -- ------ - --- ----- --- --
reporting requirements and provide a quarterly report of same to La Porte. La Porte
shall provide other reports as determined by the County in order to assure compliance
with applicable regulations. To the extent applicable to the transportation service, La
Porte and the County shall cooperate in good faith to provide records satisfactory to the
federal government or any other regulatory body.
7.3 Audit and Inspection of Records. La Porte and the County shall permit
the authorized representatives of La Porte RTE, the County, and the federal
government to inspect and audit all data and records of La Porte and the County
relating to their performances under this Agreement. La Porte shall keep its books and
records available for this purpose for at least five (5)-years after this Agreement
terminates. In the event any record is needed to support any dispute or legal action,
such records said records shall be maintained for a period of not less than five (5) years
following the settlement of any such dispute or legal action.
7.4 Notices. Any notices required or permitted to be given under the terms of
this Agreement shall be in writing and shall be deemed to be given as of the time of
hand delivery to the addresses set forth below, or five (5) days after deposit in the
United States mail, postage prepaid, by registered or certified mail, return receipt
requested, addressed as follows,:
TO HARRIS COUNTY:
Harris County, Texas
ATTN: David B. Turkel
Director, Harris County Community Services Department
Development Department
7
10/4/2010
8410 Lantern Point Drive
Houston, Texas 77054
TO LA PORTE
City _~LbaE'or-!e--- n_u._______
Attn: City Manager
604 W. Fairmont Parkway
La Porte, Texas 77571
A party may change the address for notices upon at least 10 days written notice under
this provision.
7.5 Waiver. The failure of any party at any time or times to require
performance of any provision hereof shall in no manner affect the right at a later
time to enforce the same. No waiver of any party of any condition, or of any
breach of any term, covenant, representation or warranty contained herein, in
anyone or more instances, shall be deemed to be constructed a further or
continuing waiver of any such condition or breach or waiver of any other
condition or of any breach of any other term, covenant, representation or
warranty.
7.6 Entire Agreement. This Agreement contains the entire agreement
of the parties with regard to the matters addressed herein. This Agreement may
not be amended, modified, superseded or canceled, nor may any of the terms,
covenants, representations, warranties or conditions be waived except by written
instrument executed by the party against which such amendment, modification,
supersedure, cancellation or waiver is to be charged.
7.7 Force Majeure. Neither party shall be held liable for any loss or damage
due to delay or failure in performance of any part of this Agreement from any
cause beyond its control and without its fault or negligence, which causes may
8
10/4/2010
include acts of God, acts of civil or military authority, government regulations
(except those promulgated by the party seeking the benefit of this provision),
embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions,
earthquakes, nuclear accidents, floods, strikes, power blackouts, other major
environmental disturbances or unusually severe weather conditions.
7.8 Governing Law. This Agreement shall be constructed and enforced in
---~---- --~---"------- ----------_.-- .__._----~--_.. - --
accordance with the laws of the State of Texas. Any legal action to enforce the
terms of this Agreement shall be brought in Harris County, Texas.
7.9 Headings. Headings and captions contained herein are inserted for
convenience and of reference only, and are not deemed part of or to be used in
constructing this Agreement.
7.10 Survival. Each party shall remain obligated to the other party under all
clauses of this Agreement that expressly or by their nature extend beyond the
expiration or termination of this Agreement.
7.11 Current Funds. Each party paying for the performance of governmental
functions or services under this agreement must make those payments from
current revenues available to the paying party,
7.12 Compliance with Laws. The parties shall comply with all applicable laws
in carrying out its obligations under this Agreement.
IN WITNESS WHEREOF, the parties have caused the Agreement to be
executed as of the date first written above:
IN TESTIMONY OF WHICH, this Agreement, in duplicate originals, each having
equal force, has been executed on behalf of the parties hereto as follows:
a. It has on the _ day of _' 2010, been executed on behalf of the
County by , pursuant to of the County Commissioners
Court authorizing such execution.
9
10/4/2010
b. It has on the l r~ay of~2010, been executed on behalf of the City
of La Porte by .f(OV\ futIDM 5 ,and attested by its Secretary, pursuant to
Drdl r\[U'\CL:it ~ ~<l(P authorizing such execution.
By:
Dava B. Turkel
Director of Harris County
Community Services Department
APPROVED AS TO FORM:
Vinc. e. R. van, Harris COU~A tt ney
.!J .' !;
By: I. ~ L- 0
Assistant County Attorney
ATTEST
~ \JJ tu.Jtu)
Ry:.__
Ron Bottoms
City Manager
10
10/4/2010
Exhibit A
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TRRNSIT
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Informati on/lnformaci on
713-578-2044
THE STATE OF TEXAS ~
COUNTY OF HARRIS ~
The Commissioners Court of Harris County, Texas, convened at a meeting of
said Court at the Harris County Administration Building in the City of Houston, Texas, on
the _ day of OCT 26 2010 ' 2010, with the following members
present, to-wit:
Ed Emmett
EI Franco Lee
Sylvia R. Garcia
Steve Radack
Jerry Eversole
County Judge
Commissioner, Precinct NO.1
Commissioner, Precinct NO.2
Commissioner, Precinct NO.3
Commissioner, Precinct NO.4
and the following members absent, to-wit: NJ~
constituting a quorum, when among other business, the following was transacted:
ORDER AUTHORIZING/APPROVING AGREEMENT BETWEEN HARRIS
COUNTY AND THE CITY OF LA PORTE FIXED ROUTE BUS SERVICE
WITHIN THE CITY OF LA PORTE
Commissioner ~ introduced an order and made
a motion that the same be adopted. Commissioner Gtv'l(\f \ k
seconded the motion for adoption of the order. The motion, carrying with it the adoption
of the order, prevailed by the following vote:
Yes No Abstain
Judge Emmett 0 0
Comm. Lee 0 0
Comm. Garcia 0 0
Comm. Radack 0 0
Comm. Eversole 0 0
The County Judge thereupon announced that the motion had duly and lawfully
carried and that the order had been duly and law-fully adopted. The m'der thus adopted
follows:
IT IS ORDERED that the Director of the County Community Services Department
is authorized to execute for and on behalf of Harris County, an Agreement by and
between Harris County and the City of La Porte regarding Fixed Route Bus Service
within the City of La Porte, said Agreement being incorporated herein by reference for
all purposes as though fully set forth word for word.
Presented to Commissioner's Court
OCT 2 6 2010
APPROVE
Recorded Vol Page
p
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 11, 2010
Appropnatlon
Requested By: Ron Bottoms
Source of Funds:
Department: Administration
Account Number:
Report: ~Resolution: ~Ordinance: ~
Amount Budgeted:
Exhibits:
Ordinance
Amount Requested:
Exhibits:
Mutual Termination Agreement
Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
Attached is an ordinance and Mutual Termination of Tax Abatement Agreement tew your review and
consideration. Packwell and P0I1er Road Venture L.P. failed to meet the terms of their tax
abatement agreement with the City of La P0I1e and have remitted back taxes to the City in the
amount of $116,678.16.
Action Required hv Council:
Council approve the attached ordinance authorizing the execution of the Mutual Termination of Tax
Abatement A reement.
Ron Bottoms, City Manager
/1 A- ~c)
.
Date
(I
ORDINANCE NO. 2010- 326
AN ORDINANCE APPROVING AND AUTHORIZING A MUTUAL TERMINATION OF TAX
ABATEMENT AGREEMENT, BETWEEN THE CITY OF LA PORTE, PACKWELL, INC.,
AND PORTER ROAD VENTURE, L . P . , MAlCING 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 City Manager is hereby authorized to
execute such document and all related documents on behalf of the
City of La Porte.
The City Secretary is hereby authorized to
attest to all such signatures and to affix the seal of the City to
all such documents.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Codei 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
ATTEST:
~a. t4jfjf-
a tha A. Gillett
City Secretary
APPROVED:
~4'T~
Clark T. Askins
Assistant City Attorney
)4L
By:
day of
Dc)-
, 2010.
2
MUTUAL TERMINATION OF TAX ABATEMENT AGREEMENT
THE STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
THIS MUTUAL TERMINATION OF TAX ABATEMENT AGREEMENT is entered into by The
City of La Porte, Texas ("City" herein), Packwell, Inc. (the "Lessee"), A Texas Corporation and
Porter Road Venture, L.P. (the "Lessor"), a Texas limited partnership and the owner of taxable
interests in real property located at 10016 Porter Road, La Porte, Texas 77571, also known as
the La Porte Reinvestment Zone "B" (the "Property").
RECITALS:
On July 10, 2006, City Council of La Porte, Texas approved a tax abatement agreement
between the City and the Lessee and the Lessor to abate a portion of any increase in the
certified appraised value of certain taxable property located in the Property, for a period of ten
(10) years beginning on January 1, 2007; and
The tax abatement agreement required that a certain minimum investment be made in
the Property and that the Property meet a certain minimum valuation, both of which the
Lessee acknowledges have not been met and that the Lessee will be unable to cure.
Lessee and Lessor hereby request a mutual termination of tax abatement agreement
conditioned upon the payment by Lessee of all City taxes previously abated for the tax years of
2007 and 2008; no City taxes have been abated for the tax year 2009.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledge and confessed, the parties hereto agree as follows:
TERMS:
I.
In accordance with TEX. TAX CODE ANN. ~~312.208(b) and 312.402(e), the tax
abatement agreement approved by La Porte City Council on July 10, 2006 is terminated,
conditioned upon the payment by Lessee of $116,678.16 to City, constituting the recapture of
all City taxes due for the tax years 2007 and 2008, the receipt of which is evidenced by Exhibit A.
1
for year 2009 no ad valorem taxes were abated, and City has received payment in full for taxes due
for that period.
II.
Lessor and Lessee represent and warrant that they have no outstanding indebtedness to
the City, or other political subdivisions who are parties to this Agreement, for ad valorem taxes
or other obligations.
III.
The parties agree that this Agreement contains all of the terms and conditions of the
understanding of the parties relating to the subject matter hereof. All prior negotiations,
discussions, correspondence and preliminary understandings between the parties and others
relating hereto are superseded by this Agreement.
IV.
This Agreement shall be governed according to the laws of the State of Texas and shall
bind and insure to the benefit of the respective legal representatives, successors and permitted
assigns of the parties.
V.
The City executes this Agreement by and through the acting pursuant to Ordinance of
the City Council of La Porte City, Texas so authoring. This Agreement shall not become effective
until executed by all parties hereto.
This Agreement may be executed by the parties in multiple originals, each having full
force and effect.
ATTEST:
(;~
Porter Road Venture, L.P.
A Texas Limited Partnership
General Partner
("LESSORJI)
By: 1IJ ~
/tL .() C/~~
Date signed: /0/ Sit 0
I I
2
ATTEST:
Ilf~
APPROVED AS TO FORM:
By:~;;-A~~~#
Clar T. Askins
Asst. City Attorney
PACKWELL,INC.
A Texas corporation
("LESSEE")
By:
U
Date signed:
lO.-OS"\O
By:
Ron Bottoms
City Manager, City of La Porte
Date signed: Ib;fJ--~
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PORTER ROAD VENTURE LP
VENDOR NO' NAME'
CHECK DATE' 10/4/2010
1036
REFERENCE INVOICE DATE GROSS AMOUNT DISCOUNT TAKEN NET AMOUNT PAID
NC 040-174-000-0048 1 0/4/2Q1 0 116,678.16 0.00 116,678.16
,
, TOTAL> 116,678.16 0.00 116,678.16
PORTER ROAD VENTURE lP
10016 Porter Road
La Porte
Texas 77571
WACHOVIA BANK
HOUSTON
TEXAS
32-1515/1110
DATE
':-.'O~.1l)'aB>;
.,'~~~.~~:~""\':'"
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...J\.. PAY
'-V ONLY.. . .
PAY
One Hundred Sixteen Thousand Six Hundred Seventy-Eight and 16/1 OO~
/
, .. ~ ..: ;":
TO THE
ORDER
OF
CITY OF LA PORTE
604 W.FAIRMONT PKWY
LA PORTE, TEXAS 77571
~JLJJit ,4
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 11.2010
Budl!et
Requested By: Ron Bottoms
Source of Funds:
Department: Administration
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Letter to Mayor and Council
Amount Requested:
Exhibits:
Exhibits:
Ordinance
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Ms. Debra Gallington has served with the Civil Service Commission since filling a vacancy in
February 2010. She would like to continue her service to the City and serve with the Civil
Service Commission.
Action Reauired bv Council:
Consider confirming appointment of Debra L. Gallington to the Civil Service Commission for
an er term, expiring on August 31, 2013.
/7>
Date
/I.).
City of La Porte
Established 1892
October 11, 2010
Honorable Mayor and Council
City of La Porte
City Hall
La Porte, Texas
I hereby re-appoint Debra L. Gallington as a member of the Civil Service Commission of the City
of La Porte. The term of this position will expire on August 31, 2013. Ms. Gallington will serve
unf e erm expires or until her successor has been duly appointed and qualified.
Ron Bottoms
City Manager
RB/ml
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
ORDINANCE NO. 3233
AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS,
AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council of the City of La Porte hereby
makes the following appointments to the Airport Advisory Board for
the City of La Porte Municipal Airport, (three (3) year term)
for terms expiring on August 31st of the year indicated, or until
their successors shall have been duly appointed and qualified:
Position 1. - Debra Rihn-Harvey 2013
Position 2. - Nick Hooke 2013
Position 3. - Hector Villarreal 2012
Position 4. - Tucker Grant 2012
Position 5. - Steve Gillett 2013
Position 6. - Eliminated by City Council
on 7/13/98 by Ord. 98-2265
Section 2. The City Council of the City of La Porte hereby
makes the following appointments to the Animal Shelter Advisory
Committee, without term, or until their successors shall have been
duly appointed and qualified:
Veterinarian - Donna Medford, DVM No Term
Rabies Control Authority - Ken Adcox No Term
Animal Control Officer - Clarence Anderson No Term
Animal Welfare Rep. - Dana Dicker No Term
City Council At-large Pos. A - John Zemanek No Term
Section 3. The City Council of the City of La Porte hereby makes
the following appointments to the Bay Area Houston Convention and
Visitors Bureau, without term, until their successors shall have
been duly appointed and qualified:
City Representative 1 - Stacey Osborne - Appointed 6/2009
Hospitality Industry Professional - Joe Bertuglia -
Appointed 2/2008
Section 4. The City Council of the City of La Porte hereby makes
the following appointments to the Bay Area Houston Economic
Development Representatives, without term, until their successors
shall have been duly appointed and qualified:
Date Appointed
Member - Stacey Osborne - Appointed 6/2009
Member - Mike Mosteit - Appointed 10/2004
Section 5. The City Council of the City of La Porte hereby makes
the following appointments to the Board of Directors of the City
of La Porte Reinvestment Zone Number One, (two (2) year term)- for
terms expiring on August 31st of the year indicated, or until
their successors shall have been duly appointed and qualified:
Position 1 Peggy Antone 2011
Position 2 Dave Turnquist 2012
Position 3 Alton Porter 2011
Position 4 Horace Leopard 2012
Position 5 Doug Martin 2011
Position 6 J.J. Meza 2012
Position 8 Chester Pool 2012
2
The City Council of the City of La Porte hereby ratifies the
Mayor's appointment of Chairman Lindsey R. Pfeiffer as Chairman of
the City of La Porte Tax Increment Reinvestment Zone Number One.
The City Council of the City of La Porte hereby ratifies the
following appointments by La Porte Independent School District and
Harris County:
Position 7
Position 9
Lloyd Graham (LPISD)
Lindsay Pfeiffer (Harris Co.)
Reappointment Chairman 7/27/09
N/A
2011
Section 6. The City Council of the City of La Porte hereby
appoints the following named persons, all of whom are resident
electors of the City of La Porte or non-resident individuals
owning or operating a business within the City of La Porte, duly
verified by proof of an applicable tax statement or utility
account for such business, and each of whom the City Council deems
competent to serve on such Board by virtue of their experience and
training in matters pertaining to building construction, and none
of whom are employed by the City of La Porte, to serve as members
of the Building Codes Appeals Board (three (3) year term) - for
terms expiring on August 31st of the year indicated, or until
their successors shall have been duly appointed and qualified:
Position 1 Tom Campbell 2013
Position 2 Terry Bunch 2013
Position 3 Paul Larson 2012
Position 4 Ron Holt 2012
3
Position 5 Ken Schlather 2011
Position 6 J.P. Jackson 2011
Position 7 Mark Follis 2011
Section 7. The City Council of the City of La Porte hereby makes
the following appointments to the Chapter 172 Employee Retiree
Insurance and Benefits Committee, for terms expiring on August
31st of the year indicated, or until their successors shall have
been duly appointed and qualified:
Citizen Position 1 George Van Dyke No Term
Citizen Position 2 Steve Valerius No Term
Retiree Participant - Aaron Corrales No Term
Employee Participant - Matt Daeumer No Term
Finance Staff Michael Dolby No Term
H.R. Staff Heather Weger No Term
Legal Staff Clark T. Askins No Term
Alternate Pos. 1 Martha Gillett No Term
Alternate Pos. 2 Julie Graham No Term
Alternate position 1 may participate in all meetings of the
committee but is entitled to vote only in the absence of a regular
member; Alternate position 2 may participate in all meetings of
the committee but is entitled to vote only in the absence of a
regular member, where Alternate Pos. 1 member is not present, or
where more than one regular members are absent.
Section 8. The City Council hereby makes the following
appointments to the Census Count Committee, without term, or until
their successors shall have been duly appointment and qualified:
Member - Charlie Perry - No Term
4
Member - Vicki Campise - No Term
Member - Herman Berges - No Term
Member - T.J. Walker - No Term
Member - Earl Ehlers - No Term
Member - Jeanne Zemanek - No Term
Member - Sherry Lowe - No Term
Member - Sarah Lindeen - No Term
Member - Vacant - No Term
Member - Ernest Escobar - No Term
Member - Vacant - No Term
Member - Vacant - No Term
Member - Don Hill - No Term
Member - Paula Swearingen - No Term
Member - Marie Meehan - No Term
Member - Susan Robinson - No Term
Member - Jesse Garcia - No Term
Member - Betty Moore - No Term
Member - Henry Newsome - No Term
Member - Joe Lopez - No Term
Ex Officio Member - Ken Bays - City of Morgan's Point
Ex Officio Member - David Stall - City of Shoreacres
Section 9. The City Council hereby ratifies and confirms the
appointment by the City Manager of Civil Service Commission
Members of the City of La Porte, (three (3) year term) - for terms
expiring of the year indicated, or until their successor shall
have been duly appointed and qualified:
5
Chairman - Keith Trainer 8/31/2012
Vice Chairman - Les Bird 8/31/2011
Debra Gallington 8/31/2013
Section 10. The City Council of the City of La Porte hereby
makes the following appointments to the Drainage and Flooding
Committee, without term, or until their successors shall have been
duly appointed and qualified:
Chairman Mike Mosteit No Term
Vice Chairman Mike Clausen No Term
Member Chuck Engelken No Term
Vacant No Term
Daryl Leonard - Alternate No Term
Section 11: The City Council of the City of La Porte hereby makes
the following appointments to the Fire Code Review Board of the
City of La Porte, (three (3) year term) - for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
District 1 Jack Oliphant 2011
District 2 Jeff Brown 2012
District 3 Woodrow Sebesta 2012
District 4 Floyd Craft 2012
District 5 Jim Bridge 2012
District 6 Lester Clark 2011
At Large-A Bryan Moore 2012
At Large-B Paul Vige 2011
Mayor Lynn Green 2012
6
Section 12. The City Council of the City of La Porte hereby makes
the following appointment to the Fire Fighters Pension Board of
Trustees, to serve without term or until his successor shall have
been duly appointed and qualified:
City Council Representative
Michael Dolby No term
Section 13. The City Council of the City of La Porte hereby makes
the following appointments to the Fiscal Affairs Committee,
without term, or until their successors shall have been duly
appointed and qualified:
Date Appointed
Chairman Chuck Engelken 1998
Committee Member - Daryl Leonard 2010
Served as A1.ternate 2 since 2009
Committee Member - Tommy Moser 2010
Served as A1.ternate 2 since 2004
Served as A~ternate 1 since 2009
Alternate Member 1 John Zemanek 2010
Alternate Member 2 - Jay Martin 2010
Section 14. The City Council of the City of La Porte hereby makes
the following appointments to the Harris County Appraisal District
Representative, without term, or until their successors shall have
been duly appointed and qualified:
Member -
Ed Heathcott
12/31/2011
Section 15. The City Council of the City of La Porte hereby makes
the following appointments to the Houston Galveston Areas Council
7
Representatives, without term, or until their successors shall
have been duly appointed and qualified:
Representative Chuck Engelken No Term
Alternate Representative John Black No Term
Section 16. The City Council of the City of La Porte hereby
makes the following appointments to the La Porte Area Water
Authority, (two (2) year term) - for terms expiring on August 31st
of the year indicated, or until their successors shall have been
duly appointed and qualified:
Position 1 Randy Woodard 2011
Position 2 Dennis H. Steger 2011
Position 3 Steve Valerius 2011
Position 4 David Janda 2012
Position 5 Ken Schlather 2012
Section 17. The City Council of the City of La Porte hereby
appoints the following named persons, all of whom are residents of
the City of La Porte, and no more than four of whom are elected
ci ty officials or city employees, to serve as directors of the
City of La Porte Development Corporation without compensation, but
with reimbursement for actual expenses, (two (2) year term) for
terms expiring on August 31st of the year indicated, or until
their successors shall have been duly appointed and qualified:
Chuck Engelken 2011
Mike Clausen 2012
John Zemanek 2012
Nancy Ojeda 2011
Richard Warren (President) 2011
8
Bob Pizzitola (Vice President)
Randy Woodard
2012
2011
Section 18. The City Council of the City of La Porte hereby
makes the following appointments to the La Porte Health Authority,
(three (3) year term) - for terms expiring on August 31st of the
year indicated, or until their successors shall have been duly
appointed and qualified:
Health Authority Abdul R. Moosa, M.D. 2011
Alternate Robert D. Johnston, M.D. 2011
Medical Advisor/EMS Oscar Boultinghouse Contract
Section 19. The City Council of the City of La Porte hereby
makes the following appointments to the La Porte Redevelopment
Authority, (two (2) year term) - for terms expiring on August 31st
of the year indicated, or until their successors shall have been
duly appointed and qualified. In addition the Council ratifies
the Mayor's appointment of Lindsay R. Pfeiffer as Chairman:
Position 1 Peggy Antone 2011
Position 2 Dave Turnquist 2012
Position 3 Alton Porter 2011
Position 4 Horace Leopard 2012
Position 5 Douglas Martin 2011
Position 6 J.J. Meza 2012
Position 7 Lloyd Graham (LPISD) N/A
Position 8 Chester Pool 2012
Position 9 Lindsay R. Pfeiffer, Chairman 2011
Reappointed Chairman, 7/27/2009
9
Section 20. The City Council of the City of La Porte hereby
makes the following appointments to the Main Street Advisory
Board, a new Board required by the Texas Historical Commission,
(three (3) year term) - for terms expiring on August 31st of the
year indicated, or until their successors shall have been duly
appointed and qualified:
Position 1- 2011
Position 2- 2011
Position 3- 2011
Position 4- 2012
Position 5- 2012
Position 6- 2012
Position 7- 2010
Position 8- 2010
Position 9-
2010
Position 10- Position 10 Eliminated by Ordinance 2004-2782-
L on August 28th, 2006 by City Council action.
Position 11- Position 11 Eliminated by Ordinance 2004-2782-
L on August 28th, 2006 by City Council action.
There are also three (3) Ex Officio members of this Board:
1 the City of La Porte's Main Street Coordinator
2 the City Manager of the City of La Porte, or his
designee
3
the Manager of the La Porte-Bayshore Chamber of
Commerce
10
Section 21. The City Council of the City of La Porte hereby makes
the following appointments to the City of La Porte Planning and
Zoning Commission, (three (3) year term) - for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Chairman
District 1
District 2
District 3
District 4
District 5
District 6
Alternate 1
Alternate 2
Section 22.
Hall Lawler 2012
Doretta Finch 2011
Richard Warren 2012
Kirby Linscomb Jr. 2012
Dottie Kaminski 2013
Lou Ann Martin 2013
Les Bird 2011
Danny Earp 2013
David Janda 2011
The City Council of the City of La Porte hereby
makes the following appointments to the Southeast Texas Housing
Finance Corporation Board of Directors, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Director Betty Moore 2012
Section 23. The City Council of the City of La Porte hereby
makes the following appointments to the Zoning Board of
Adjustment, (two (2) year term) - for terms expiring on August 31st
of the year indicated, or until their successors shall have been
duly appointed and qualified:
Position 1 Chester Pool 2011
11
Position 2 T. J. Walker 2011
Position 3 Rod Rothermel 2011
Position 4 Charles Schoppe 2011
Position 5 George W. Maltsberger 2011
Alternate 1 Lawrence McNeal 2012
Alternate 2 Gilbert Montemayor 2012
The City Council of the City of La Porte hereby designates
George W. Maltsberger, of Position 5, to serve as Chairman of the
Zoning Board of Adjustment until the expiration of the member's
term of appointment as designated in this section, or until their
successor shall have been duly appointed and qualified.
Section 24. If any section, sentence, phrase, clause or any
part of any section, sentence, phrase, or clause, of this
ordinance shall, for any reasons, be held invalid, such invalidity
shall not affect the remaining portions of this ordinance, and it
is hereby declared to be the intention of this City Council to
have passed each section, sentence, phrase or clause, or part
thereof, irrespective of the fact that any other section,
sentence, phrase or clause, or part thereof, may be declared
invalid.
Section 25. All ordinances or
parts of ordinances in
extent of such conflict
conflict herewith are repealed to the
only.
12
Section 26.
The City Council officially finds, determines,
reci tes, and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of
the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as
required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally
acted upon.
The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 27.
This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 11th day of October 2010.
By:
ATTEST:
LAIYJ lut/~
-M~:t~. Gillett
City Secretary
APPfO~ :
c~4t!~in!: ~
Assistant City Attorney
13
7
Agenda Date Requested October 11,2010
REQUEST FOR CITY COUNCIL AGENDA ITEM
I
Appropriation
I
Requested By:
Mayor Rigby
Source of Funds: nla
Department:
Mavor's Office
Account Number: nla
Report:
Resolution:
Ordinance:
x
Amount Budgeted: nfa
Amount Requested:
Ordinance
Exhibits:
Budgeted Item: YES NO
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
The attached ordinance is to replace Mayor Rigby on the Drainage and Flooding Committee.
enda
/o!(,h
Date
ORDINANCE NO. j 2 B
AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS,
AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council of the City of La Porte hereby
makes the following appointments to the Airport Advisory Board for
the City of La Porte Municipal Airport, (three (3) year term)
for terms expiring on August 31st of the year indicated, or until
their successors shall have been duly appointed and qualified:
Position l. - Debra Rihn-Harvey 2013
Position 2 . - Nick Hooke 2013
Position 3. - Hector Villarreal 2012
Position 4. - Tucker Grant 2012
Position 5. - Steve Gillett 2013
Position 6. - Eliminated by City Council
on 7/13/98 by Ord. 98-2265
Section 2. The City Council of the City of La Porte hereby
makes the following appointments to the Animal Shelter Advisory
Committee, without term, or until their successors shall have been
duly appointed and qualified:
Veterinarian - Donna Medford, DVM No Term
Rabies Control Authority - Ken Adcox No Term
Animal Control Officer - Clarence Anderson No Term
Animal Welfare Rep. - Dana Dicker No Term
City Council At-large Pos. A - John Zemanek No Term
Section 3. The City Council of the City of La Porte hereby makes
the following appointments to the Bay Area Houston Convention and
Visitors Bureau, without term, until their successors shall have
been duly appointed and qualified:
City Representative 1 - Stacey Osborne - Appointed 6/2009
Hospitality Industry Professional - Joe Bertuglia -
Appointed 2/2008
Section 4. The City Council of the City of La Porte hereby makes
the following appointments to the Bay Area Houston Economic
Development Representatives, without term, until their successors
shall have been duly appointed and qualified:
Date Appointed
Member - Stacey Osborne - Appointed 6/2009
Member - Mike Mosteit - Appointed 10/2004
Section 5. The City Council of the City of La Porte hereby makes
the following appointments to the Board of Directors of the City
of La Porte Reinvestment Zone Number One, (two (2) year term)- for
terms expiring on August 31st of the year indicated, or until
their successors shall have been duly appointed and qualified:
Position 1 Peggy Antone 2011
Position 2 Dave Turnquist 2012
Position 3 Alton Porter 2011
Position 4 Horace Leopard 2012
position 5 Doug Martin 2011
Position 6 J.J. Meza 2012
Position 8 Chester Pool 2012
2
The City Council of the City of La Porte hereby ratifies the
Mayor's appointment of Chairman Lindsey R. Pfeiffer as Chairman of
the City of La Porte Tax Increment Reinvestment Zone Number One.
The City Council of the City of La Porte hereby ratifies the
following appointments by La Porte Independent School District and
Harris County:
Position 7
Position 9
Lloyd Graham (LPISD)
Lindsay Pfeiffer (Harris Co.)
Reappointment Chairman 7/27/09
N/A
2011
Section 6. The City Council of the City of La Porte hereby
appoints the following named persons, all of whom are resident
electors of the City of La Porte or non-resident individuals
owning or operating a business within the City of La Porte, duly
verified by proof of an applicable tax statement or utility
account for such business, and each of whom the City Council deems
competent to serve on such Board by virtue of their experience and
training in matters pertaining to building construction, and none
of whom are employed by the City of La Porte, to serve as members
of the Building Codes Appeals Board (three (3) year term) - for
terms expiring on August 31st of the year indicated, or until
their successors shall have been duly appointed and qualified:
Position 1 Tom Campbell 2013
Position 2 Terry Bunch 2013
Position 3 Paul Larson 2012
Position 4 Ron Holt 2012
3
Position 5 Ken Schlather 2011
Position 6 J.P. Jackson 2011
Position 7 Mark Follis 2011
Section 7. The City Council of the City of La Porte hereby makes
the following appointments to the Chapter 172 Employee Retiree
Insurance and Benefits Committee, for terms expiring on August
31st of the year indicated, or until their successors shall have
been duly appointed and qualified:
Citizen Position 1 George Van Dyke No Term
Citizen Position 2 Steve Valerius No Term
Retiree Participant - Aaron Corrales No Term
Employee Participant - Matt Daeumer No Term
Finance Staff Michael Dolby No Term
H.R. Staff Heather Weger No Term
Legal Staff Clark T. Askins No Term
Alternate Pos. 1 Martha Gillett No Term
Alternate Pos. 2 Julie Graham No Term
Alternate position 1 may participate in all meetings of the
committee but is entitled to vote only in the absence of a regular
member; Alternate position 2 may participate in all meetings of
the committee but is entitled to vote only in the absence of a
regular member, where Alternate Pos. 1 member is not present, or
where more than one regular members are absent.
Section 8. The City Council hereby makes the following
appointments to the Census Count Committee, without term, or until
their successors shall have been duly appointment and qualified:
Member - Charlie Perry - No Term
4
Member Vicki Campise - No Term
Member - Herman Berges - No Term
Member - T.J. Walker - No Term
Member - Earl Ehlers - No Term
Member - Jeanne Zemanek - No Term
Member - Sherry Lowe - No Term
Member - Sarah Lindeen - No Term
Member - Vacant - No Term
Member - Ernest Escobar - No Term
Member - Vacant - No Term
Member - Vacant - No Term
Member - Don Hill - No Term
Member - Paula Swearingen - No Term
Member - Marie Meehan - No Term
Member - Susan Robinson - No Term
Member - Jesse Garcia - No Term
Member - Betty Moore - No Term
Member - Henry Newsome - No Term
Member - Joe Lopez - No Term
Ex Officio Member - Ken Bays - City of Morgan's Point
Ex Officio Member - David Stall - City of Shoreacres
Section 9. The City Council hereby ratifies and confirms the
appointment by the City Manager of Civil Service Commission
Members of the City of La Porte, (three (3) year term) - for terms
expiring of the year indicated, or until their successor shall
have been duly appointed and qualified:
5
Chairman - Keith Trainer 8/31/2012
Vice Chairman - Les Bird 8/31/2011
Debra Gallington 8/31/2013
Section 10. The City Council of the City of La Porte hereby
makes the following appointments to the Drainage and Flooding
Committee, without term, or until their successors shall have been
duly appointed and qualified:
Chairman Mike Mosteit No Term
Vice Chairman Mike Clausen No Term
Member Chuck Engelken No Term
Member John Zemanek No Term
Daryl Leonard - Alternate No Term
Section 11: The City Council of the City of La Porte hereby makes
the following appointments to the Fire Code Review Board of the
City of La Porte, (three (3) year term) - for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
District 1 Jack Oliphant 2011
District 2 Jeff Brown 2012
District 3 Woodrow Sebesta 2012
District 4 Floyd Craft 2012
District 5 Jim Bridge 2012
District 6 Lester Clark 2011
At Large-A Bryan Moore 2012
At Large-B Paul Vige 2011
Mayor Lynn Green 2012
6
Section 12. The City Council of the City of La Porte hereby makes
the following appointment to the Fire Fighters Pension Board of
Trustees, to serve without term or until his successor shall have
been duly appointed and qualified:
City Council Representative
Michael Dolby No term
Section 13. The City Council of the City of La Porte hereby makes
the following appointments to the Fiscal Affairs Committee,
without term, or until their successors shall have been duly
appointed and qualified:
Date Appointed
Chairman Chuck Engelken 1998
Committee Member - Daryl Leonard 2010
Served as Al.ternate 2 since 2009
Committee Member - Tommy Moser 2010
Served as Al.ternate 2 since 2004
Served as Al.ternate 1 since 2009
Alternate Member 1 John Zemanek 2010
Alternate Member 2 - Jay Martin 2010
Section 14. The City Council of the City of La Porte hereby makes
the following appointments to the Harris County Appraisal District
Representative, without term, or until their successors shall have
been duly appointed and qualified:
Membe r -
Ed Heathcott
12/31/2011
Section 15. The City Council of the City of La Porte hereby makes
the following appointments to the Houston Galveston Areas Council
7
Representatives, without term, or until their successors shall
have been duly appointed and qualified:
Representative Chuck Engelken No Term
Alternate Representative John Black No Term
Section 16. The City Council of the City of La Porte hereby
makes the following appointments to the La Porte Area Water
Authority, (two (2) year term) - for terms expiring on August 31st
of the year indicated, or until their successors shall have been
duly appointed and qualified:
Position 1 Randy Woodard 2011
Position 2 Dennis H. Steger 2011
Position 3 Steve Valerius 2011
Position 4 David Janda 2012
Position 5 Ken Schlather 2012
Section 17. The City Council of the City of La Porte hereby
appoints the following named persons, all of whom are residents of
the City of La Porte, and no more than four of whom are elected
ci ty officials or city employees, to serve as directors of the
City of La Porte Development Corporation without compensation, but
with reimbursement for actual expenses, (two (2) year term) for
terms expiring on August 31st of the year indicated, or until
their successors shall have been duly appointed and qualified:
Chuck Engelken 2011
Mike Clausen 2012
John Zemanek 2012
Nancy Ojeda 2011
Richard Warren (President) 2011
8
Bob Pizzitola (Vice President)
Randy Woodard
2012
2011
Section 18. The City Council of the City of La Porte hereby
makes the following appointments to the La Porte Health Authority,
(three (3) year term) - for terms expiring on August 31st of the
year indicated, or until their successors shall have been duly
appointed and qualified:
Health Authority Abdul R. Moosa, M.D. 2011
Alternate Robert D. Johnston, M.D. 2011
Medical Advisor/EMS Oscar Boultinghouse Contract
Section 19. The City Council of the City of La Porte hereby
makes the following appointments to the La Porte Redevelopment
Authority, (two (2) year term) - for terms expiring on August 31st
of the year indicated, or until their successors shall have been
duly appointed and qualified. In addition the Council ratifies
the Mayor's appointment of Lindsay R. Pfeiffer as Chairman:
Position 1 Peggy Antone 2011
Position 2 Dave Turnquist 2012
Position 3 Alton Porter 2011
Position 4 Horace Leopard 2012
Position 5 Douglas Martin 2011
Position 6 J.J. Meza 2012
Position 7 Lloyd Graham (LPISD) N/A
Position 8 Chester Pool 2012
Position 9 Lindsay R. Pfeiffer, Chairman 2011
Reappointed Chairman, 7/27/2009
9
Section 20. The City Council of the City of La Porte hereby
makes the following appointments to the Main Street Advisory
Board, a new Board required by the Texas Historical Commission,
(three (3) year term) - for terms expiring on August 31st of the
year indicated, or until their successors shall have been duly
appointed and qualified:
Position 1-
Posi tion 2-
Position 3-
Position 4-
Position 5-
2011
2011
2011
2012
2012
2012
2010
2010
2010
Position 6-
Position 7-
Position 8-
Position 9-
Position 10-
Position 10 Eliminated by Ordinance 2004-2782-
L on August 28th, 2006 by City Council action.
Position 11- Position 11 Eliminated by Ordinance 2004-2782-
L on August 28th, 2006 by City Council action.
There are also three (3) Ex Officio members of this Board:
1 the City of La Porte's Main Street Coordinator
2 the City Manager of the City of La Porte, or his
designee
3
the Manager of the La Porte-Bayshore Chamber of
Commerce
10
Section 21. The City Council of the City of La Porte hereby makes
the following appointments to the City of La Porte Planning and
Zoning Commission, (three (3) year term) - for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Chairman
District 1
District 2
District 3
District 4
District 5
District 6
Alternate 1
Alternate 2
Section 22.
Hall Lawler 2012
Doretta Finch 2011
Richard Warren 2012
Kirby Linscomb Jr. 2012
Dottie Kaminski 2013
Lou Ann Martin 2013
Les Bird 2011
Danny Earp 2013
David Janda 2011
The City Council of the City of La Porte hereby
makes the following appointments to the Southeast Texas Housing
Finance Corporation Board of Directors, for terms expiring on
August 31st of the year indicated, or until their successors shall
have been duly appointed and qualified:
Director Betty Moore 2012
Section 23. The City Council of the City of La Porte hereby
makes the following appointments to the Zoning Board of
Adjustment, (two (2) year term) - for terms expiring on August 31st
of the year indicated, or until their successors shall have been
duly appointed and qualified:
Position 1 Chester Pool 2011
11
Position 2 T. J. Walker 2011
Position 3 Rod Rothermel 2011
Position 4 Charles Schoppe 2011
Position 5 George W. Maltsberger 2011
Alternate 1 Lawrence McNeal 2012
Alternate 2 Gilbert Montemayor 2012
The City Council of the City of La Porte hereby designates
George W. Maltsberger, of Position 5, to serve as Chairman of the
Zoning Board of Adjustment until the expiration of the member's
term of appointment as designated in this section, or until their
successor shall have been duly appointed and qualified.
Section 24. If any section, sentence, phrase, clause or any
part of any section, sentence, phrase, or clause, of this
ordinance shall, for any reasons, be held invalid, such invalidity
shall not affect the remaining portions of this ordinance, and it
is hereby declared to be the intention of this City Council to
have passed each section, sentence, phrase or clause, or part
thereof, irrespective of the fact that any other section,
sentence, phrase or clause, or part thereof, may be declared
invalid.
Section 25. All ordinances or
parts of ordinances in
extent of such conflict
conflict herewith are repealed to the
only.
12
Section 26 .
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of
the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as
required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally
acted upon.
The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 27.
This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 11th day of October 2010.
By:
~T:
'Ma fIA'ZfiII
City Secretary
APP~.. O/IlE~__D d: .
It~~ 1: ~
Clark T. Askins
Assistant City Attorney
13
REQUEST FOR CITY COUNCIL AGENDA ITEM
Report:
Resolution: _Ordinance:--X-
Approvriation: N/A
Source of Funds: N/A
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item:
Agenda Date Requested: October 11.2010
Requested By: Tim Tietiens
Department: Planninl!
Exhibits:
Ordinance (showing changes)
Ordinance
SUMMARY & RECOMMENDATION
City Council has directed staff to assess and make recommendations on standards and specifications for
shipping containers when used in the capacity of an accessory structure. Staff reviewed existing and
proposed provisions during workshop meetings with the Planning and Zoning Commission. Proposed
standards and specifications for shipping containers as accessory structures are as follows:
. No more than one container, not larger than 350 square feet, may be located at sites in Large Lot (LL)
and General Commercial (GC) zoning districts. In the case of Light Industrial (LI) and Business
Industrial (BI) zoning districts, 1 container per 3 acres and maximum of 3 containers per site shall be
permitted.
. Overall lot coverage and yard setbacks shall not exceed those applicable to the subject zoning districts.
· Containers shall not be stacked.
. Structure must have a minimum 3/12 pitched composition shingled roof and be covered with hardy
plank or other suitable material. The doors may remain uncovered.
. The building may be placed on the ground without a foundation provided that building is anchored
to the ground.
. Within 30 days of the issuance of a building permit, shipping container shall be enclosed within a
building or required components shall be attached to the frame of the container.
. Failure to comply with these provisions will cause removal ofthe container from the property at the
owner's expense.
In addition, shipping containers, as mobile supply tool/material supply storage, would be allowed to a
maximum of up to two units at their operating business location provided that the units are screened from
public view and from the right-of-way and subject to requirements per Section 106-444 (a) (b) of the
City's Code of Ordinances.
The Planning and Zoning Commission, at their September 16, 2010, meeting, held a public hearing to
receive public comment on shipping containers allowed as accessory structures in Large Lot (LL)
residential, General Commercial (GC), Business Industrial (BI), and Light Industrial (Ll) zoning districts.
The Planning and Zoning Commission, by a 6-0 vote, recommends City Council consider approval of the
amendments being proposed.
Action Reauired bv Council:
1. Conduct public hearing.
2. Consider taking action on recommendation by P&Z on proposed amendments allowing shipping
containers as accessory structures in Large Lot (LL) residential, General Commercial (GC), Business
Industrial (BI), and Light Industrial (Ll) zoning districts.
Council A enda
Ron Bottoms, City Manager
It> h Leo
Date
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE I, "IN
GENERAL", SECTION 106-1, DEFINITIONS, ARTICLE V, "SUPPLEMENTARY
DISTRICT REGULATIONS", DIVISION 2, "ACCESSORY BUILDINGS, USES, AND
EQUIPMENT", AND SECTION 106-751, "SHIPPING CONTAINERS", TO ALLOW
THE USE OF SHIPPING CONTAINERS AS ACCESSORY STRUCTURES IN CERTAIN
ZONING DISTRICTS; 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 THOUSAND DOLLARS ($2,000);
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, TEXAS:
Section 1: That Chapter 106, "Zoning", Article I, "In General", Section 1 06-1, "Definitions",
is hereby amended to add the following term, which shall be added to said section in proper
alphabetical sequence:
"Shipping container means sealable shipping containers, designed for intermodal transportation,
either with or without a permanent affixed chassis, and which may be used in intrastate,
interstate and international commerce for the shipment of goods and merchandise, or for storage
purlJoses. "
Section 2: That Chapter 106, "Zoning," Article V. "Supplementary District Regulations",
Division 2, "Accessory Buildings, Uses, and Equipment", Section 106-751, Shipping
Containers", ofthe Code of Ordinances, La Porte, Texas, is hereby amended to read as follows:
"Sec. 106-751. Shipping containers.
a. Shipping containers may be used as temporary material storage facilities on construction
sites in all zoning districts except residential (R-I, R-2, and R-3). (Ord. No. 1501-II, ~ 7,3-27-00)
In addition, commercial construction allowed in residential zoning districts may use shipping
containers as temporary material storage facilities. (Note: Certificate of Occupancy shall not be
issued until shipping container is removed from the site.)
b. Shipping containers may be used as an accessory structure in LI. GC, BI & LI zoning
districts. Shipping containers utilized as an accessory building/structure shall be subject to the
following provisions and shall comply with all applicable permit conditions:
1. It shall comply with all yard setbacks.
2. No larger than 350 square feet and no more than one container may be located at site. In case of
Light Industrial (LI) and Business Industrial (BI) zoning districts. 1 container per 3 acres and
maximum of 3 containers per site shall be permitted
3. Overall lot coverage shall not exceed those applicable to the subject zoning districts.
4. Containers shall not be stacked
5. Structure must have a minimum 3/12 pitched composition shingled roof or other material
approved by the Director.
6. All sidings shall be covered with hardy plank. or other material approved by the Director. The
doors may remain uncovered
7. The building may be placed on the ground without a foundation provided that building is
anchored to the ground per standard building codes.
8. Structure shall be architecturally and aesthetically complimentary with the primary building.
9. A building permit shall be applicable prior to installation.
10. Within 30 days of the issuance of a building permit. shipping container shall be enclosed
within a building or required components shall be attached to the frame of the container.
11. Maintenance of all items required herein is the sole responsibility of the owner.
12. Failure to comply with these provisions will cause removal of the container from the property at
the owner's expense.
c. The owner of shipping containers utilized as mobile supply tool/material supply storage
units are allowed to stage a maximum of UP to two units at their operating business location
provided that the units are screened from public view and from right-or-way subiect to
requirements of Section 106-444 (a) (b) of this chapter. "
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 4: 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.
2
Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 6. 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 7. 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 at least 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
,2010.
CITY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
APPROVED:
Assistant City Attorney
3
ORDINANCE NO.
3ZQO
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE I, "IN
GENERAL", SECTION 106-1, "DEFINITIONS", ARTICLE V, "SUPPLEMENTARY
DISTRICT REGULATIONS", DIVISION 2, "ACCESSORY BUILDINGS, USES, AND
EQUIPMENT", AND SECTION 106-751, " SHIPPING CONTAINERS", TO ALLOW
THE USE OF SHIPPING CONTAINERS AS ACCESSORY STRUCTURES IN CERTAIN
ZONING DISTICTS; 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 THOUSAND DOLLARS ($2,000);
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 106, "Zoning", Article I, "In General", Section 106-1, "Definitions",
is hereby amended to add the following term, which shall be added to said section in proper
alphabetical sequence:
"Shipping container means sealable shipping containers, designed for intermodal transportation,
either with or without a permanent affixed chassis, and which may be used in intrastate,
interstate and international commerce for the shipment of goods and merchandise, or for storage
purposes. "
Section 2: That Chapter 106, "Zoning," Article V. "Supplementary District Regulations",
Division 2, "Accessory Buildings, Uses, and Equipment", Section 106-751, "Shipping
Containers", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows:
"Sec. 106-751. Shipping containers.
a. Shipping containers may be used as temporary material storage facilities on construction
sites in all zoning districts except residential (R-l, R-2, and R-3). (Ord. No. 1501-II, S 7, 3-27-00)
In addition, commercial construction allowed in residential zoning districts may use shipping
containers as temporary material storage facilities. (Note: Certificate of Occupancy shall not be
issued until shipping container is removed from the site.)
b. Shipping containers may be used as an accessory structure in LL, GC, BI & LI zoning
districts. Shipping containers utilized as an accessory building/structure shall be subject to the
following provisions and shall comply with all applicable permit conditions:
1. It shall comply with all yard setbacks.
2. No larger than 350 square feet and no more than one container may be located at site. In
case of Light Industrial (LI) and Business Industrial (BI) zoning districts, 1 container per
3 acres and maximum of 3 containers per site shall be permitted.
3. Overall lot coverage shall not exceed those applicable to the subject zoning districts.
4. Containers shall not be stacked.
5. Structure must have a minimum 3/12 pitched composition shingled roof or other material
approved by the Director.
6. All sidings shall be covered with hardy plank, or other material approved by the
Director. The doors may remain uncovered.
7. The building may be placed on the ground without a foundation provided that
building is anchored to the ground per standard building codes.
8. Structure shall be architecturally and aesthetically complimentary with the primary
building.
9. A building permit shall be applicable prior to installation.
10. Within 30 days of the issuance of a building permit, shipping container shall be
enclosed within a building or required components shall be attached to the frame of
the container.
11. Maintenance of all items required herein is the sole responsibility of the owner.
12. Failure to comply with these provisions will cause removal of the container from the
property at the owner's expense.
c. The owners of shipping containers utilized as mobile supply tool/material supply storage
units are allowed to stage a maximum of up to two units at their operating business location
provided that the units are screened from public view and from right-of-way subject to
requirements of Section 106-444 (a) (b) of this chapter."
Section 3: All ordinances or parts of ordinances inconsistent with the terms ofthis 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 4: 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.
2
Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 6. 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 7. 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 at least 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 JL day of WD J1e~ r
,2010.
By:
ATTEST:
~16~ Secremry
APPR. o~
~ AIdr~ A--~
CIa T. Askins, Assistant City Attorney
3
12
CITY COUNCIL DRAINAGE REPORT
October 11,2010
Klotz Design and Contract Construction
. Design of Sheet Flow Relief Structure Improvements to Creekmont, Fairmont
Park West, Brookglen and Fairmont Park East. Bid opened on September 22nd.
Bid to be awarded in October.
. Drainage Study of Brookglen. Design is complete. Awaiting comments from
HCFCD to make any necessary revisions. Bid schedule to be discussed at the
next Drainage and Flooding Committee meeting.
. Fairmont Park East - Fleetwood Drive. Bids opened on September 29th.Bid to be
awarded in October.
In-House Design and Construction of City-initiated Projects.
. South La Porte Bay Outfalls. Oakhurst - Agency review by TDRA underway.
Schedule is uncertain at this time due to inactivity by TDRA. Required
environmental study has started by TDRA.
· F-2l6 Regional Detention Proiect. Clearing of F-2l6 regional detention IS
approximately 60% complete. Corps of Engineers permit is approved.
· City- Wide De-silting of Major Channels - Staff has identified several major
channels not currently maintained by flood Control for possible de-silting. These
include B 106-05, Arizona from E Street to Park, South 3rd Street from Fairmont
Parkway to the WWTP and several side channels off South 8th. Survey is 80%
complete. Design of improvements is complete and under review by staff. Bid
schedule to be discussed at the next Drainage and Flooding Committee meeting.
· Coordination with Harris County Flood Control District. - Staff has prepared a
preliminary list of Project for HCFCD consideration. This list will be considered
by the Drainage and Flooding Committee at the next meeting.
In-House Drainage Maintenance Activities.
· North and South Shady Lane. Survey and design is complete to provide sheet
flow in lieu of underground drainage on Broadway and Sunrise into the Bayport
Channel. Project is under review by the Port of Houston and Exxon Pipeline.
. In-Fill Drainage. Cleaned ditches in various areas of the city. Completed
drainage maintenance of South Side. Crews have moved to the Spenwick area for
drainage maintenance. Work is complete in the Pine Bluff area.
Civil Concepts, a survey firm, has been contracted to perform elevation and
topographical survey of South 8th Street, East Main and North and South 16th
Streets. Improvements are under construction by city and Harris County forces
Goint venture) from West A to West D. Construction will begin from West D to
West H when northern portion is complete. Survey underway on East Main.
Staff has met with Harris County to discuss this area. It was determined that none
of this drainage area can be directed to Barbour's Cut. Design will proceed as
originally planned.
The Sylvan Beach outfall has been repaired, and Harris County has replaced pipe
from Bayshore Drive to the Bay. City crews have cleaned the ditch from Park
(Garden Club) to Bayshore Drive.
. Total Drainage Maintenance Completed This Period
o Cleaning of Ditches 14,062LF
o Cleaning of Culverts 2,385 LF
o Resetting Culverts 229 LF
o Inlets Installed 5 ea
Meeting Handout
My Name is Anthony Villarreal and I live at 3903 Barracuda Ln.
The Port of Houston, Ship Emissions, Air Pollution, Asthma, Cancer, Medical Bills, Lost
Jobs, Death, Mortgage Foreclosures, Lost Tax Revenue, Budget Cuts, Service Cuts,
Employee Cuts, Pension Cuts.. .BANKRUPTCY.
Councilmen, these words are meant to help you understand how the negative and
Social Economic Impacts of our residents can affect the future of this City. Impacts that
will be felt here if no action is taken to curb Air Pollution generated by the Container
Ships that dock in our surrounding Ports. Today, I will make arguments as to why the
city needs to invest in an air quality study which will no doubt show a link between Port
Operations and increased Cancer, Asthma, and Mortality rates in the City of La Porte.
The Environmental Science and Technology Journal issued a Global Assessment report
on "Mortality from Ship Emissions" (2007); studies showed that concentrations of
Particulate Matter with aerodynamic diameters of 2.5 units per million or less have been
closely associated with increases in cardiopulmonary and lung cancer mortalities in
exposed populations.
According to Lung Cancer Fact (2006), the Texas Cancer Registry showed trends that
La Porte experienced elevated lung cancer rates. The registry's report found that the
incidence and mortality rates of lung cancer for women were 70 percent higher than
state averages. Also, Summary Report: # 8008 provided by the Texas State
Department of Health Services (2009) showed that La Porte still had unusually higher
than normal Cancer Clusters in our Town.
According to the guardian co uk, a single container ship can emit almost the same
amount of cancer and asthma causing chemicals as 50 Million cars. The Port of
Houston Authority plans to load and unload a maximum of 7 container ships 24 hours a
day, 7 days a week at Bayport. To bring this into perspective, the amount of pollution
that residents in the area will be subjected to is roughly the equivalent of 350 million
cars. Now double that number when considering Barbours Cut.. .and you will have
closer to 700 million cars... all running idle at the same time and polluting our town, day
and night.
The scientific studies on ship emissions and trending reports on cancer are here on
paper. I have copies for you to read and I've made it very easy for everyone to connect
the dots. Dots... which correlate how the Port of Houston Ship Terminal Operations are
negatively affecting and impacting the Health and Financial wellbeing of our residents.
Once the Port secures 2 billion dollars for upgrades and expansions, it will not take long
for them to operate at full capacity at both Terminals. The year 2014 will indeed be a
great time for economic development in Harris County and Texas, but it will BE at the
Page 1 of 3
cost of and detriment to our Hometown. My arguments made today should be a
sobering reminder of how the Socioeconomic impacts of adverse Health effects, such
as Cancer and Pulmonary disease can easily trickle down and PUT the City... its Tax
Revenue Income, Social Services, City Jobs, and Pensions at risks. We need to quit
going after the low hanging fruit of "short term financial gains" because it also comes
with long term adverse impacts. You need to realize that the economic apple being
dangled in front of you RIGHT NOW... will ultimately lead this City of ours... off a cliff of
health and financial ruin, if it does nothing about Port Pollution.
Councilmen, we need the City of La Porte to press for a study in our Town to show how
OUR air quality is being negatively affected by the Port Of Houston Ship Terminals in
Barbours Cut and the Bayport Facilities. The City needs this study done if it expects to
have any political support from the County or State in our push to curb Ship pollution.
We need this study in place when we ask for better environmental solutions such as
Ship to Shore Power and a push for newer Trucks which have better fuel efficiency and
emissions for loading at our nearby Terminals.
If no action is taken, our next meetings in the years to come won't be about where you
can SPEND MONEY... it will be about where you can cut employees, services, and
pension costs. Reflect on those close to you, who have come down with cancer... then
look into your hearts and make a moral decision to press for this study. Think NOT
ONLY in term of politics and negative financial impacts but think about doing what's
ethically right for the Citizens of La Porte and its Children who are the future of La Porte.
Thank you for your time.
Sincerely,
Anthony D. Villarreal
3903 Barracuda Ln
La Porte, TX 77571
281-842-9465
Page 2 of 3
Resources:
Lung Cancer Fact (2006), Houston Area Lung Cancer Rates Higher Than Average,
Courtesy: Houston Chronicle
http://www.lunqcancerfact.com/articles/?post id=19
Texas State Department of Health Services (2009), Cancer Cluster Investigations Jan
1,2006 - Dec 31,2009,
http://www.dshs.state.tx.us/tcr/Clusters/01-201 O/Harris CountY.pdf
J Corbett, J Winnerbrake, E Green, P Kasibhalta, V Eyring, and A Lauer (2007),
Environmental Science & Technology Mortality from Ship Emissions: A Global
Assessment,
http://seh n. iqc.orq/tccpdf/pollution-shippi nq, %20deaths. pdf
J Vidal (2009), Guardian Co. UK, Health risks of shipping pollution have been
'underestimated',
http://www.guardian.co.uk/environmentl2009/apr/09/shi ppi nq-poll ution
Page 3 of 3
TEXAS CITIES WnH ONLINE AND/OR CABLE BROADCASTING
OF CITY COUNCIL MEETINGS**
...EnV . MI-:.
Diboll 5530
Cleveland 7920
Brownfield (audio onlv) 8940
Addison 15.737
Kerrville 22.828
Collevville 24.974
Leander 26.233
Southlake 27.282
Deer Park (audio onlv) 30.938
Friendswood 34.106
La Porte 34,191
Lufkin 34.594
Burleson 36.169
Duncanville 36.472
CODoell 39.663
Pfluoervllle 42.696
The Colonv 44,704
DeSoto 48.289
Bedford 49.878
San Marcos 53 205
Galveston 56,148
Rowlett 56,716
Temple 60 120
Victoria 63 149
North Richland Hills 66010
Flower Mound 70,202
LeaQue City 71 722
Brvan 74656
Missouri City 74 853
Lonoview 78 038
Allen 84 253
Colleoe Station 86,680
Tvler 98,872
Denton 122 830
McKlnnev 127.672
Carrollton 129 209
Mesauite 133,509
Pasadena 145 789
Austin 786.386
Dallas 1.299.542
Houston 2.257 926
(IF iMPLEMENTED)
**not a complete list
City of Deer Park - Birthplace of Texas
.~
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Council Meeting PodC8Sts
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What is a podctit?
CITY COUNCIL 070619
Wednesday. July 7th. 2010
\':it)-council-07061 ()
Wednelday, June 23rd, 2010
eit)'-council-bud~et-workshop-06221 ()
Tuesday, June 2200.2010
cit)'-council-spcc-budKet-ws-06211O
Wednesday. June 16th. 20(0
cit)'-council-06151O
Saturday, June 5th. 2010
city-council-060 II O-revised
Contact Us
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Deer Park, TX 77536
. Telephone Number: 281-478..7201
C 2010 City of Deer Part. Texas
710 E. San Augustine. Deer Part, TX 775361281-479-23941 www.deerparlr.tx.gov
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C IT'll" OF Flu EN DS 'X'OOD
You Are Here: Home :> News Room:> News Releases
Nev.'s Releases
City Council Meetings Now Available Online
Posted: 07/09/2009 08:26 AM
Friendswood. TX - July 9. 2009 - The City of Friendswood has recently made Friendswood City Council meetings
available on the City's website. www.friendswood.com.
The videos. which are displayed in 'Windows Media' file fonnat. can be accessed at the City's website by clicking on the
City Council Meeting video link under 'Online Services' at the City's homepage. Those wishing to view the video can
simply click on the video link at any time to view the most recent City Council meeting in its entin:ty.
Friendswood's PEG (Public, FAucalional. Governmental) TV channel began its broadcast on what was then the Time
Warner cable system in July of 2006 (this channel currently exists on the Comca..;t system. cable channel 17 in
Friendswood). Several months later. in January of 2007. Friendswood broadcast their very first City Council meeting using
a small bandbeld camcorder mounted in the back of the <"'ity Council chamber. Soon thereafter. the City upgraded the
Council Chamber video and audio systems into a multi-camera system. and began broadcasting not only regular City
Council meetings. but all meetings of City boards. commissions and committees that were held in the City Council
chamber.
The online availability of City Council meetings serves to provide all resident.; with access to City Council meetings.
despite their television subscription preference. This newest form of media serves to further tbe City of Friendswood's
continuous goal of increasing the level of communi("1ltion between the City and Friendswood residents.
In addition. DVD's of past City Council meetiJl~s can be checked out at an}' time from the Friendswood Public Library.
416 S. Friendswood Dr.
File Attachement:
< Had.. 10 :"l~\\... K~lca~,>
Copyright ~ 2010 City of Friendswood, Texas. All Rights Reserved.
Privacy Po!il.'Y
http://www.d.frlendswood.tx.US/COf/news/default.htm?reUd= 13500
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* GALVESTON COUNTY *
E DAILY NEWS
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Tune in on the Web for city council meetings
By Rhlannan Mevers
The Daily News
PubliShed June 24, 2010
GALVfTON - For the ftrst time ever, Galvestonians can tune in online today to
watch the city council meetings live.
The city inked a three-year $43,000 contract with Swagit Productions to stream
live and taped meetings online. The first meeting will air 11 a.m. today when
new council members for districtS 1, 2 and 3 are sworn in.
The workshop and regular meetings today also will be available online at
www.cityofgalveston.org. Councit members are expected to discuss preserving
the beautification of medians along Broadway, discuSS Stewart Road widening
and Improvements with bike paths and sidewalks and discuss drafting a
resolutIOn to the state legislature requesting a change to the law concerning
video gambling machines, commonly called 8-liners.
Though hard data Is not available, anecdotal evidence suggests islanders
regularly tune in to watch the city's munldpal channel, Channel 16,
spokeswoman Alida Cahill said, particularly In the last two years when Galveston
City Coondl meetings often were controversial and tense. Comcast does not
keep information on ratings for munldpal channels.
The new streaming program wUl allow the city to keep statistics on how many
people tune in to watch city council meetings online, while allowing viewers to
search by keyword for taped discussions about specific topiCS.
Share I Save I Mall I Pnnt I Letter I 6 Comments
http://galwstondallynews.com/ story 11587971
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GALVESTON DEBUTS LIVE STREAMING OF
COUNCIL MEETINGS
Newsboerd
Debunking the Myths
Customers Speakout
Monthly Deals
Price Match Plus
CISV Infonnation
Galveston officials are excited to announce todays debut of live web streaming of
City Council meetings and municipal channel programming. The public can watch
the meetings live and at their convenience by visiting the city's website
WNW C1tvofaalveslon 010. Offering online streaming will help the city increase public
awareness, engage the community in the municipal govemment process. and
expand dialogue with citizens island-wide.
Did
I!~
In ao(\,\,or. It) provH5.ng IIIIe web stleaT1llng. the City also oHers on-d",mand streammg Video of City CounCil
meetltlgs The on-deman<l meelings WIll have Jump-to pomts that are labeled by agenda Item so thaI reSidents
Qln access specific content theyre Interested In watching The pUbliC. Will also be able to qUickly search stored
meehng~ by "eywoI d to Vlew prevIous council dlScusslons cDncemlng speCifiC issues The servlce provided by
Swag't Productions LLC IS compleleiy hands-free apd wil!'equlle no staff Involvement to process Qr manage
~
W
--e,ly councli espeualiy COllnc,1 member Eilzatl€tt, Beeton has been a ploponent of making access \() councI'
meetmgs eaSler and available to more citizens." reports Steve LeBlanc Galveston City Manager "ReSidents
tlusine55 owners and property owners (An now access the meet,ngs anytime a/lywnere Via the itnl< un OUI
webSlle "
CIty Counc,1 meetings are generally he") lh.;; 2',d and 4t~. 1 hU1sda-y Dl "act; moon, Wor~shoJ.) sessions begin
at 1200 p rT1 and the COllnCil cor;venes the" regulal meetings at 4 DO P m These meetings will be broadcast
itve and Will be arctllVed ;:I tew houIs attel Ine meeting has ended
Posted on 0612412010 by Galveston. TX
###
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http://_.swavlt.com/galYeston-debuts-llve-streilmlng-of-couocll-meetlngs/
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Search .. or narrow year .
Name
Date , Dur.
Jul 08, 2010 10 4h 42m Video
Jul 08t 2010 9 2h 27m Video
Jun 24,2010 11 2h 10m Video
Joo 24,20105 15m Video
Jun 24,20109 3h 51m Video
Council Workshop
Regular Council
Regular Council
Special Council
Council Workshop
ttp://www.c:ftyof9lNeston.org/admlnlstrallon/pub!k..lnformatlon..offtcer/e_tv_GaIYeston_Channel.cfm
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Automated Broadcast Systems - Swll9it
Products & SeMces
EASE
Brease
Legislative Tools
AT&T U-Verse@
Video Production
Multimedia Services
,\utomated BrOlldcl.lst Systems
Podcasting & Mobile Devices
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FEATURED
HIGHLIGHTS
Test<mOC1ldi from City of Rlcharoson TX
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http://_.swaglt.com/broadcast-systemsf
7/14/10
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SWAGITS COSMOS BROADCAST SYSTEMS
Burit UPI)(] years of !ndustrv experience Cosmos IS a complete pac.kage ~)t ("~meras and pro vJdeo-sw!tcilng
equipment that enaOles any client to fully outsource the production and operation of a n1ultlpie camera
broadcast systern 10 Swagit
DUrlng me meetlfigs or events Swag It pets-anll€>: WI!! Of..~rate the Cosmos system rerno1e!~' from thel! 1acti!!)' II
Piano 1 ",as The Cosmos system enallles Swagll 10 control and SWItch frol11 Cilln"r;} Ie camera depending
on events :akil1g Diace \Nl1en bundle,] with Swaglt EASE Cosmos G3n offer a full end to end "'ands.,free'
sOlut,on thaI requ'res no cllenl staff Ifwolvement for ll-e OIA"al,of\ b'oaClcast and Slreaming 0\ an event or
rneet1l1Y COl't~nt
CCiSrnO$ enables jeW.lled direct camera P()s;tlon:ng ,oan lit! loom focuS. and more} preSelp()~ltl(lns and
v,deo sett"'gs ,white balancl' backlight bl1ghtnesSi tor 'fie roooloc Camef<3, Additionally Cosmos
G)rnmUnj(:~t~;.; wIth t!\e sWltchel to aBow dllect operatlon oi tt)e 'WiPE! func1ion from !ne
camera control GUI Wltel th,S powerfUl package you or Swag!t can control all your Cilmelas
,ndlv'duaily and SWitch v,deo sources on a VIdeo SWltcher locally Or remotely Cosmos 's an
"]Valuable H1legrah0n ,)1 camera -control wIth sWitcher operations fa, use with live production
setups ilk.e Clt'!f chamhers ct1urches rneetH~g ro()ms and more
Cosmo& ,ncludes 2-4+ robotiC (computer-controllable panltilllZ00mi cameras and YOIJ can
choose from two malt~ types either Single-chip (Sony EVI-070i 0' 3-(~hip ISony 8RC.300! depending on you
needs and nudge! "These popular Sony robotIC cameras have excellent 'JiI:1eo QUallt'y a"'(j
pertormal'ce Pan"",;:, \hrOI.l91' w.de an\}les 0\ mohon II\l,,~g lrlTough ialge ranges superb
oPllcal zoom and ,jual Video output of Yle and CDfl'pOslte They also support Doth RS232
and RS422 (long distance over 1000 'Deters I control SIgnals In addition the EVI,D70
cameras cal' be mounted eIther up' Or 'haogmg "PSI de down' flY your convenl",nce :thev
have bu.lt -'n reversal at the plCt"re emu ief'Jngntiupido'l.m mo\'on conHols:,
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........ .
COSMOS CASE STUDY #1: ADDISON, TEXAS
A.ddlsons unIque SOlutiOI1 for a Chal!eng,ng problem was Cosmos Acldlson faced three key prot1lems II the
town dlo not have the staff resour,:es \0 operate broadcastlng and streaming equipment 2) thE> lawn doesn'l
have il PEG or any other broadcaSl<ng slaMn, and 3) the town wanted a complete hands-free end-Io,end
solution for displaYing fown meetings online
Swaglt's solution for Ihe town prov:des complete hanos-free rem ole ope:ation of a !l1uillpie camera broadcast
system including" Video sWltcher and audiO rnlXe' In addition to the remote broadcast system (CosmOS 1 an,
"'In H1e InclUSion of Swag.t's Extensible Automated Stream'ng Engine lEASE) Swagl! IS able to control
olOadcast an<j slream IOwn meetings Without the need 1m any AdOlsDn stall It IS all done hom Swaglt's
headquarters Hi Piano Texas
AddIson c:!lzens e'peCI the best ClrKllalest technology on theIr town'S webs:te A()()lng Ihe on.demand teatlJlf
lNl1\ imprQve cttJzens aCCeSSIOtltty to vtdeos of 10wn ccuncll and p!annlng COlmnlSSIQfl n~eetlr1gs and Improve
acc,ess to .agervja !nfonnatlon for these pi,ibhC ineetlngs
COSMOS CASE STUDY #2: RICHARDSON, TEXAS
Tile City Of Rlchamson began live broadcastrng of City CounCil meetings an.;j work sessions as pflf'\ of a w'de
\ \ '"
ranging transparency in government initiative that is included in the City Council's 2009-2011 Statement of
GoalS The live bl'0adc8st is available to Time Warner Cable subscribers on channel 16 and streamed on the
City's web SlIe. _.CD net
The City contracted with Swaglt Ptoducl1ons. LLC as !tie video streaming service provider according to
RiChardson's Chief Information Officer Steve Graves "We heve installed two wall-mounted cameras in the City
Council Chamber and the worlt seasion room." Graves saiel. "During the meetings. Swagit personnel wiU
operate them remotely from their facility and can zoom in and switch from camera to camera depending on
who is speaking. The broadcast signal goes Uvough a switch that sends it to Swagil and also to our cable
television chsnnel"
Graves explained that the live \Neb cast 18 routed through a City computer server and is recorded as it is being
sent to Swagit.
"If for some reason the live Internet connection i!o lost. we have a saved copy that can be posted on our sita,"
he said.
As a woril session or Council meeting is streammg live on the Web. Swagit employees tag each agenda item.
A! the conclusion of the meeting. ltley create an index on the City's web arte and visitors can choose to view
indIVidual agenda items rather than _ten the entire video CounCil end 'NOItt session meetings will be archived
on the site for up to two years. The City's cable channel 16 will replay taped broadcasts
SwIIgit Produetlone. LLC 02010 I P1ivaCy PoIiey
http://WWW.swaglt.com/broMIast-systems/
ld.-:.III
ProcIudI . servtceI
EASE
Breese
Legislative Tools
AT&:TU-Verse@
Video Production
Multimedia Services
Automated Broadtast Systems
Podcastin& &: Mobile Devices
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FEATURED
HIGHUGHTS
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EXTENSIBLE AUTOMATED STREAMING ENGINE
Swagt!'s Extensible Automated Streaming EnglOEl solution meets all current and future needs for governmenf
without crealing any addltlonal work for staff EASE IS a hands-free tool that eliminates the need for city staff
and the reqUIrement ot their lime spenl on mdexlng and IImeslampmg VIdeo content BUill upon years of
Industry expenence EASE IS a software framework comprised of founaatlon and extension mOdules that work
together 10 automate many otherwise manually IntensIve tasks You may find It helpful to refer to the figure on
ttle let! tal an overview of the follOWing concepts
'" order to f111r1,mlze Impact On a cl,ents. nelwork all d.sk space Il1lenSI~e storage tasks and bandWidth
IntenSive deil~ery tasks are offloaded to Swaglt s Content Network
The EASE encodlrlg software IS deployed on commodity computing hardware supplied either by Swagl!S
preferred vendors. or by Ihe cilent's eXISllng vendors In consultation WIth Swaglt In many cases Swag.t IS ahle
to repurpose eXlstmg hardwa.e from prevIous projects l,vldeo related or otherwlsello further reduce up front
capItal expepdlture
Once deploy ad Swaglt s EASE EncOder records content according to your broadcast schedule and stores
broadcast quality MPEG-2 VIdeo ready for further compression to Flash \l\ilndows Med.a QUick Tune Real and
HTMlS Slreammg formats or dllacl authonng to DVD
At the conCluSion of each recording sessIon Swaglt s EASE Encoder transfers the recorded auolo/vldeo to the
Swag!t Conrent Network vIa a secure Virtual Pnvate Network tVPNI connectron maklrlg It available for on-
demand streaming
Indexing and Cross Unldng
Once ttle audIO/Video conteN tagged fol Index!ng reaches the Swaglt Content Network. our VIdeo editors are
alerted so they may begin the IndeXIng process USing your published meeting agendas. or other dIrections. as
a gUIde. they annotate your content by add 109 Jump-tc pOints With speCIfic Item headings whIch gIve users the
greatest pOSSIble fleXibIlIty to find the specific content they need \Nith the help of these Jump .to poInts users
can step through VIdeo by searching lor or clickmg speCifIC Items
If meeting packets or other related Irlformalion are avaIlable online our edItIng staff wIll link to them directly
from the VIdeo player for easy access
Document Management System Integradon
Through our partnerships wllh document and other content management system developers Swaglt IS often
able to reference and link to matenals created pnor to or dunng meetmgs As more CItIes adopt these WIde
ranging systems to achIeve truly paperless operalions Swaglt IS there to "'tegrate and help recogrllze anc,nary
benefits for cllizens such as Increased transparency and acceSSibility In government as well as increased
productIVIty for staff
Swagrt's EASE IS compat.ble With any and all thlfd-par1y document management system and prov!der
Archiving
Chent audIo/VIdeo can be stored securely on the Swaglt Content Network Indefi""ely Fault tolerance and hIgh
avaIlabIlity IS assured through replication of aud.o/vldeo content to mull1p1e. geographically redundant. Storage
Area Networks (SAN, Our standard packages Include 80GB of storage enough for approximately two full
years of normal cIty counCil meetlf1gs
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EXAMPLES
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Allen Texas
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Houston Texas
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Concord California
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Flower Mound Texas
http://www.swaglt.com/use/
As chents approach prearranged storage allowances they may choose to extend those allowances or beg,n
removing old auololvllieo content In accordance With a storage honzon plan AlternatIvely Swagll can asslsl
clients In adding supplemental storage 10 thelf Swag,t EASE Encoder directly or externally to faCilitate more
cost effective long-term archlvmg of content while stili mamtaUltng online availability
Presentation
Once Integrated Into the IlnklOg structure of the client's web site the custom'Zed Video library becomes the
portal through which users access audiO/Video content As new content IS added .1 automatically becomes
available In the client s library Without any work by the c.ty webmaster
By navigating through the v.deo library user can view a list of meetings Chronologically or unleash the power of
the lump-to markers to search tor specific pOints Within IOd.vlduaJ audIO/Video clipS lIVhen.t comes time to
VIeW these clips they are presented In a slm.lany branded player, presenttng a cons.stent lOOk to all aspects of
Ihe client web site
Video POdCaslmg as offered by Swaglt IS a great way to extend acceSSibility and adoption of client's
audiO/Video con ten! BUilding on the populanty of Apple s IPod Video player PodCasltng technOlogy allows
users to subscnbe to automaltcally published content feeds New content becomes Immed.ately available In
the" audlolvldec library and IS subsequently synched to the" portable deVices the next time they are
connected
DeUvery
In order to deliver on -demand content 10 end users In a formal that IS nallve 10 their computer's operatmg
system Swagl! delivers content In all major streammg v,deo formats Flash. Windows Media. QUick Time Real
Sdve,hghl and HTML5 Swagll IS proud 10 support Flash as Its default formal which has proven Itself as the
formal of cnolce from such vendors as You Tube Google Video Myspace Facebook. Hulu CNN ABC
NBCilJmversal and even Microsoft's very OW" MSN
Our suppon of Adobe Fiash based delivery allows for Innovative InclUSion of no cilCk audlo/Vldeo players
d"ectly on the city web Site optionally allOWing end-users to take that content and embed It.n their own web
sites or b10gs
Currently Flash has a 99%
ub.qUlty rale amongst all the
platforms Swaglt can prOVide
the Wndows Media format
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stream should a cltent prefer
to eXClude Apple users' or
30% of potential end.,users
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content IS acceSSible on the Widest pOSSible range of platforms and Internet connec\lon types offenng supenor
quality to those on h'gh speed DSL cable or fiber CAlnnectlons and acceSSibility to those With low bandWIdth
mobile deVIces
\ ~ ~11L1
THE STATE OF TEXAS 9
COUNTY OF HARRIS 9
The Commissioners Court of Harris County, Texas, convened at a meeting of
said Court at the Harris County Administration Building in the City of Houston, Texas, on
the _ day of OCT 26 2010 ' 2010, with the following members
present, to-wit:
Ed Emmett
EI Franco Lee
Sylvia R. Garcia
Steve Radack
Jerry Eversole
County Judge
Commissioner, Precinct NO.1
Commissioner, Precinct NO.2
Commissioner, Precinct No.3
Commissioner, Precinct NO.4
and the following members absent, to-wit: ~~
constituting a quorum, when among other business, the following was transacted:
ORDER AUTHORIZING/APPROVING AGREEMENT BETWEEN HARRIS
COUNTY AND THE CITY OF LA PORTE FIXED ROUTE BUS SERVICE
WITHIN THE CITY OF LA PORTE
Commissioner ~ introduced an order and made
a motion that the same be adopted. Commissioner GtV\.(\..(, \ A-
seconded the motion for adoption of the order. The motion, carrying with it the adoption
of the order, prevailed by the following vote:
Yes No Abstain
Judge Emmett D D
Comm. Lee D D
Comm. Garcia D D
Comm. Radack D D
Comm. Eversole D D
The County Judge thereupon announced that the motion had duly and lawfully
carried and that the order had been duly and law-fully adopted. The order thus adopted
follows:
IT IS ORDERED that the Director of the County Community Services Department
is authorized to execute for and on behalf of Harris County, an Agreement by and
between Harris County and the City of La Porte regarding Fixed Route Bus Service
within the City of La Porte, said Agreement being incorporated herein by reference for
all purposes as though fully set forth word for word.
Presented to Commissioner's Court
OCT 2 6 2010
APPROVE
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