HomeMy WebLinkAbout2010-1-25
MINUTES OF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
JANUARY 25,2010
1. Call to order
The meeting was called to order by Mayor Beasley at 6:00 p.m.
Members of City Council Present: Mayor Barry Beasley, Councilmembers Louis Rigby,
Tommy Moser, Daryl Leonard, John Black, Mike Mosteit and Chuck Engelken
Members of Council Absent: Mike Clausen
Members of City Executive Staff and City Employees Present:
City Manager's Office: Ron Bottoms, John Joems, Dawn Anderson and Melisa Lanclos
Legal: Clark Askins
City Secretary's Office: Martha Gillett
Public Works: Steve Gillett
Planning: Tim Tietjens, Masood Malik and Isaac Rodriguez
Police Department: Ken Adcox, Nathan Gates, Tracy Phelan and Kai Patrick
Finance: Michael Dolby and Kathy Powell
Parks and Recreation: Stephen Barr
Purchasing: Susan Cream
Main Street/Economic Development: Stacey Osborne
Fire: Mike Boaze
EOC: Jeff Suggs and Kristin Gauthier
Others Present: David Jestice, John Maeder, Charlie James, Bashar Aborubia, Shirley
Valentine, Mary Moctezum, and Adam Yanelli of Bayshore Sun, Ted Powell, Kathryn
Aguilar, Phillip Hoot and other citizens.
2. Invocation was not given by Michael Aboportus of Congregation Benim Avraham due to
his absence. Mayor Pro Tem John Black led the Invocation.
3. Councilmember Moser led the Pledge of Allegiance.
4. Presentations/Proclamations
None presented.
5. Consent agenda - Any item may be removed by a Councilperson for discussion
A. Council to consider approval or other action of minutes of Regular Meeting and Workshop
Meeting held on January 11, 2010 - M. Gillett
Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on January 25, 2010
2
B. Council to consider approval or other action authorizing the City Manager to execute a
contract with Civil Concepts Construction, LLC to replace the roofing and siding on the
Public Works vehicle storage buildings - S. Gillett
C. Council to consider approval or other action awarding bid # 10014 for one (1) 288 KVA and
one (1) 425 KV A Mobile Diesel Powered Generator - S. Gillett
D. Council to consider approval or other action regarding the purchase of in car DVR systems
utilizing Kustom Signals HGAC contract pricing - K. Adcox
E. Council to consider approval or other action authorizing the City Manager to execute an
agreement between the City of La Porte and the Internet Crimes Against Children Task
Force, for assignment of detective to Internet Crimes Against Children Task Force - K.
Adcox
F. Council to consider approval or other action approving an amendment to Ordinance 1285-
R, increasing the Police Department's authorized Civil Service Patrol Officer strength by
one (Ord. 3207) - K. Adcox
G. Council to consider approval or other action authorizing the City Manager to execute an
Interlocal Agreement with Harris County to utilize the "Bomb Robot" (Ord. 3208) - K.
Adcox
H. Council to consider approval or other action regarding an ordinance authorizing the City
Manager to execute Industrial District Agreement with Seawater, Inc. (2007 -IDA-119) -
(Ord. 3209) - M. Dolby
I. Council to consider approval or other action regarding ordinances authorizing the City
Manager to execute an Industrial District Agreement with Air Liquide Large Industries
U.S.LP (Ord. 2007-IDA-117) and Air Liquide America Specialty Gases, LLC (Ord. 2007-
IDA-118) to replace Ord. 2007-IDA-46 (Ord. 3210 and 3211) - M. Dolby
J. Council to consider approval or other action regarding an ordinance authorizing the City
Manager to execute an Interlocal Agreement between the City and Harris County for
emergency assistance during disaster declaration (Ord. 3212) - J. Suggs
K. Council to consider approval or other action regarding authorizing the execution of a
Pipeline Permit by Air Liquide Large Industries U.S. LP for installation of a 20" hydrogen
gas pipeline within the Exxon Bayport to Baytown corridor - T. Tietjens
L. Council to consider approval or other action regarding an ordinance authorizing the City
Manager to execute a Municipal Water Service Agreement between the Cities of La Porte
and Deer Park and the owner of the property at 9515 Spencer Highway (Ord. 3213) - T.
Tietjens
Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on January 25, 2010
3
M. Council to consider approval or other action regarding an ordinance calling the 2010
Regular Annual Election of the City of La Porte, and calling a Run-Off Election, if
necessary (Ord. 3214) - M. GilletUC. Askins
N. Council to consider approval or other action regarding an ordinance calling a Special
Election of the City of La Porte for voter reauthorization of municipal street repair and
maintenance quarter percent sales tax (Ord. 3215) - M GilletUC. Askins
Council had questions on item G and K.
Assistant City Attomey Clark Askins read the following agenda captions:
Ordinance 3207 - AN ORDINANCE AMENDING ORDINANCE NO. 1285, II AN
ORDINANCE IMPLEMENTING POLICEMAN'S CIVIL SERVICE; ESTABLISHING
CLASSIFICATIONS; NUMBER OF AUTHORIZED POSITIONS IN EACH
CLASSIFICATION; ESTABLISHING PAY SCHEDULES'; CONTAINING A SEVERABILITY
CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF
Ordinance 3208 - AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR
UTILIZATION OF A REMOTELY OPERATED ROBOTIC VEHICLE; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 2007 -IDA-119 and Ordinance 3209 - AN ORDINANCE AUTHORIZING THE
EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT
WITH SEAWATER INC, A TEXAS CORPORATION FOR THE TERM COMMENCING
JANUARY 1, 2008, AND ENDING DECEMBER 31,2019, MAKING VARIOUS FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 2007-IDA-117 - AN ORDINANCE AUTHORIZING THE EXECUTION BY THE
CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH AIR L1QUIDE
LARGE INDUSTRIES U.S., LP, A DELAWARE LIMITED PARTNERSHIP FOR THE TERM
COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019, MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Ordinance 2007-IDA-118 - AN ORDINANCE AUTHORIZING THE EXECUTION BY THE
CITY OF LAPORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH AIR L1QUIDE
AMERICA SPECIALITY GASES, LLC, A DELAWARE LIMITED LIABILITY
CORPORATION FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING
DECEMBER 31,2019, 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 Workshop Meeting of La Porte City Council on January 25,2010
4
Ordinance 3212 - AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, TO
PROVIDE EMERGENCY ASSISTANCE DURING DISASTER DECLARATION, MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Ordinance 3213 - AN ORDINANCE APPROVING AND AUTHORIZING A MUNICIPAL
WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE, THE CITY OF
DEER PARK AND GENE L. ZIGLER, FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 3214 - AN ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF
THE CITY OF LA PORTE; CALLING A RUN-OFF ELECTION, IF NECESSARY,
DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR
THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING
FOR METHOD AND DATES OF EARLY VOTING; PROVIDING FOR AN EARLY VOTING
BALLOT BOARD; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID
ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE AND
FILING FEES FOR CANDIDATES; PROVIDING A SAVINGS CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Ordinance 3215 - AN ORDINANCE CALLING A SPECIAL ELECTION OF THE CITY OF
LA PORTE TO PERMIT VOTING FOR OR AGAINST THE PROPOSITION: "THE
REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY OF LA
PORTE AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE
PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS"
DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR
THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING
FOR METHOD AND DATES OF EARLY VOTING; PROVIDING FOR AN EARLY VOTING
BALLOT BOARD; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID
ELECTION ; PROVIDING FOR NOTICE; PROVIDING FOR FILING DEADLINE AND
FILING FEES FOR CANDIDATES; PROVIDING A SAVINGS CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Motion was made by Councilmember Enqelken to approve the consent aqenda as
presented. Second by Councilmember Black. Motion carried.
Ayes: Engelken, Rigby, Moser, Black, Leonard, Mosteit and Mayor Beasley
Nays: None
Abstain: None
Absent: Clausen
Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on January 25,2010
5
Council took Executive Session Item B. out of order at this time. See below for minute's
detail. 6: 21 p.m.
6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address
Council on any item posted on the agenda (Limited to five minutes)
Ted Powell - 1700 Roscoe - Mr. Powell addressed Council on agenda item 8. He
informed Council he is not in favor of this item. He also suggested they conduct a safety
study due to the position of the structures on Main Street. Lastly, he reported the Texas
Historical Society had approved the Sylvan Beach Pavilion as a historical building.
David Jestice - 10454 Rustic Gate Road - provided Council with a handout on a
prescription drug plan the City of Deer Park is providing to its citizens. He requested the
City of La Porte do the same thing for La Porte citizens.
7. The Public Hearing on this item was continued from the December 14,2009 meeting:
Council to consider approval or other action approving ordinances condemning
substandard buildings located at 704 So. Homes and 401 N. 6th Streets (Ord. 3164 and
3165) - D. Wilmore
Building official Debbie Wilmore presented summary and recommendation and answered
Councils' questions.
Motion was made by Councilmember Riqby to deny Ordinance 3165 and continue the
public hearinq on March 8, 2010 to consider approval of Ordinance 3164. Second by
Councilmember Moser. Motion carried.
Ayes: Leonard, Engelken, Black, Moser, Rigby, Mosteit and Beasley
Nays: None
Abstain: None
Absent: Clausen
8. Council to consider approval or other action of a construction contract and change order
no. 1 for constructing the Gateway Project - J. Joems
Assistant City Manager John Joerns presented summary and recommendation and
answered Councils' questions.
Motion was made by Councilmember Black to approve a construction contract and chanqe
order no. 1 for constructinq the Gateway Proiect as presented by Mr. Joerns. Second by
Councilmember Enqelken. Motion carried.
Ayes: Engelken, Black, Mosteit and Beasley
Nays: Leonard, Moser and Rigby
Abstain: None
Absent: Clausen
Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on January 25, 2010
6
9. Council to consider approval or other action regarding an ordinance amending Chapter 34
"Environment" of the Code of Ordinances by requiring a storm water quality permit for
development projects, establishing permit fees, and providing for criminal penalties (Ord.
3216) - T. Tietjens
Planning Director T. Tietjens presented summary and recommendation and answered
Councils' questions.
Assistant City Attorney Clark Askins read ordinance 3216, AN ORDINANCE AMENDING
CHAPTER 34, "ENVIRONMENT", OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTE, BY ADDING ARTICLE VI, "STORM WATER DISCHARGES", AND
AMENDING APPENDIX-A "FEES" AND APPENDIX-B, "FINES", OF SAID CODE;
PROVIDING FOR THE PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND
DOLLARS FOR EACH VIOLATION, AND EACH DAY OF VIOLATION SHALL BE
DEEMED A SEPARATE OFFENSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
Motion was made by Councilmember Black to approve Ordinance 3216 as presented by
Mr. Tietiens. Second by Councilmember Mosteit. Motion carried.
Ayes: Leonard, Engelken, Black, Moser, Rigby, Mosteit and Beasley
Nays: None
Abstain: None
Absent: Clausen
10. Close Regular Meeting and open Workshop Meeting.
Mayor Beasley closed Regular Meeting and opened Workshop Meeting at 7:40 p.m.
A. Discuss Code Enforcement in relation to travel trailers, permit fees and blue roofs
related to Hurricane "IKE" - D. Wilmore
Building Official Debbie Wilmore discussed Code Enforcement in relation to travel
trailers, permit fees and blue roofs related to Hurricane "IKE".
Council directed Ms. Wilmore to use the date of July 9, 2010 for IKE trailer
removal and in the letter to FEMA.
Council directed Ms. Wilmore to waive permit fees to IKE related requests until
July 9, 2010. After that date, she is to instruct citizens if there are extenuating
circumstances they need to discuss with her at least 30 days prior to the July 9,
2010 deadline. In addition, Ms. Wilmore is to contact the 18 homeowners who still
live in FEMA trailers and provide Council with a report of her findings.
Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on January 25, 2010
7
Council directed staff to take no position on the blue roofs as long as they were in
place and in good condition.
B. Discuss renaming Forrest Avenue - T. Tietjens
Planning Director Tim Tietjens discussed renaming Forrest Avenue.
Council directed staff to move forward with this street name change.
C. Discuss truck route along Barbour's Cut Blvd. - T. Tietjens
Planning Director Tim Tietjens discussed truck route along Barbour's Cut Blvd.
Council supported staff on this matter.
11. Close Workshop Meeting and reconvene Regular Meeting
Mayor Beasley closed Workshop Meeting and reconvened Regular Meeting at 8:12 p.m.
12. Receive Inspections Report from City Staff - D. Wilmore
Building Official Debbie Wilmore provide the monthly Inspections Report.
13. City Manager Ron Bottoms provided Administrative Reports for the following:
February 4,2010 - Town Plaza Ground Opening Ribbon Cutting Ceremony - 4:00 p.m. -
7:00 p.m.
February 8,2010 - Fiscal Affairs Meeting - 5:00 p.m.
February 8, 2010- City Council Meeting - 6:00 p.m.
February 13, 2010 - City Council Retreat - Police Department Training Room
Boards and Commissions open positions
14. Council Comments: Rigby, Moser, Black, Leonard, Engelken, Mosteit, and Beasley.
A. Matters appearing on agenda
B. Recognition of community members, city employees, and upcoming events
C. Inquiry of staff regarding specific factual information or existing policy
15. Executive Session - pursuant to provision of the Open Meeting Law, Chapter 551, Texas
Government Code, Sections 551.071 through 551.076, 551.087 (consultation with
attorney, deliberation regarding real property, deliberation regarding prospective gift or
Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on January 25,2010
8
donation personnel matters, deliberation regarding security devices, or excluding a
witness during examination of another witness in an investigation , deliberation regarding
economic development negotiations)
A. 551.071 (Pending or Contemplating Litigation) Discuss code enforcement
Matter related to 325 East A
Street
B. 551.071 (Pending or Contemplated Litigation) Deborah Taylor vs. City of La
Porte
Council retired to Executive Session at 6:21 p.m. to discuss item B.
Council retumed to the table at 7:00 p.m. and reconvened the regular meeting. Mayor
Beasley announced there was no action taken on this item and the council provided staff
with direction on pending litigation.
Council retired to Executive Session at 8:18 p.m. on item A.
Council retumed to the table at 8:32 p.m. and reconvened the regular meeting. Mayor
Beasley announced that no action was taken and Council provided staff with direction to
move forward on this legal matter.
16. Consider approval and possible action on items considered in Executive Session.
There was no action taken on these items or in Executive Session.
17. Adjournment
Being no further business, the meeting was duly adjourned at 8:33 p.m.
Respectfully submitted,
<..4J! tU{fi~ ~
Mart~~ Gillett, TRMC
City Secretary
~ ?jproVed on this 8- day of February 2010.
Mayo'zfs1
---
F
-----
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 1-25-10
Appropriation
Requested By:
Kpnith Ad('oy
Source of Funds:
Department:
pglil:e Department
Account Number:
Report:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits:
Amended Ordinance 1285
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
As a result of the City's agreement to provide a full-time detective to the Internet Crime Against Children Task
Force (ICAC), City Ordinance 1285-R requires that Section 3 be amended to add an additional Civil Service Patrol
Officer position.
The amendment to Ordinance 1285-R established the current authorized Civil Service positions:
58 Police Officers
9 Sergeants
5 Lieutenants
2 Assistant Chief
Action Reauired bv Council:
Recommend City Council to approve the above proposed amendment of Ordinance 1285-R, increasing the Police
Departments authorized Civil Service Patrol Officer strength by one.
,;1~
Date
ORDINANCE NO. 3 ~ 07
AN ORDINANCE AMENDING ORDINANCE NO. 1285, "AN ORDINANCE IMPLEMENTING
POLICEMAN'S CIVIL SERVICE; ESTABLISHING CLASSIFICATIONS; NUMBER OF
AUTHORIZED POSITIONS IN EACH CLASSIFICATION; ESTABLISHING PAY
SCHEDULES"; CONTAINING 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. Section 3 of Ordinance 1285, as amended, is hereby amended and shall
hereafter read as follows, to-wit:
"Section Three. There are hereby established the following number of authorized
positions in each of the foregoing classifications, to-wit:
Classification
Number of Authorized Positions
Patrolmen
58
Sergeant
9
Lieutenant
5
Assistant Chief
2"
Section 2. All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent
of such inconsistency and in all other respects this ordinance shall be cumulative of Ordinance
No. 1285 and any amendments thereto.
Section 3. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this Ordinance, it is hereby declared to be the
intention of the City of La Porte Council to have passed each section, sentence, phrase, or
clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or
clause, or part thereof, may be declared invalid.
Section 4. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 5.
This Ordinance shall take effect upon its passage and approval, and it is
so ordered.
PASSED AND APPROVED THIS THEA5../1-DAY OFVh1J
CITY OF LA PORTE
,2010.
By~dl./
BARR BEASL~Y,
Mayor
ATTEST:
BY:~ Ibi
MAR HJ\ GILLETT,
City Secretary
APPROVED:
By: ~ -;-: ~
CL K T. ASKINS
Assistant City Attorney
G
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 1-25-10
Appropriation
Requested By: Kenith Adcox
Source of Funds:
Department: pglil:e
Account Number:
Report:
Resolution:
Ordinance:
xxx
Amount Budgeted:
Ordinance
Amount Requested:
Exhibits:
Exhibits:
Copy of Inter Local Aj!reement
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
Harris County purchased, as part of the federal Homeland Security Grant Program (A ward
Number 2005-GB- T5-0050) a remotely operated robotic vehicle ("Bomb Robot"), to be utilized
to inspect, disable and remove suspected explosive devices.
The County desires to make the Bomb Robot available to the City for uses outlined in the
A ward. The City represents it holds all necessary licenses and certifications to perform such
services and is qualified by education and experience to provide such services. The La Porte
Police Department is an active member of the Bay Area Regional Bomb Squad and maintains
certitied Bomb Technicians, which possess the necessary training, certifications, tools, and
equipment to perform the functions required. The Bay Area Regional Bomb Squad is certitied
by the FBI and is responsible for providing Bomb Squad services to the southeast portion of the
Greater Houston Area.
This additional piece of equipment will enhance the Bay Area Regional Bomb Squad's ability to
perform its mandate. As such, the Police Department desires to enter into an Interlocal
Agreement with the County allowing the Department to utilize, store and provide upkeep for the
"Bomb Robot". One of the Department's bomb technicians has already been certified to
maintain, service and operate the "Bomb Robot" in question. Future extended warranty costs for
the "Bomb Robot", for which the City shall be responsible, are estimated to be approximately
$3,500 a year.
The term of this Agreement shall be one ( 1) year beginning upon execution by a duly authorized
representative of each Party. This Agreement shall automatically renew for successive one-year
terms until terminated by the Parties. Either Party may terminate this Agreement upon 30 days
written notice to the other Party or at any time by written agreement of the Parties.
Action Required bv Council:
Request the Council to review and approve an Ordinance authorizing the Mayor to execute an
Interlocal Agreement allowing the City to utilize the "Bomb Robot" awarded to the County
under the conditions cited in the agreement.
e 1JA>/~
Date
ORDINANCE NO. 3 20 S
AN ORDINACE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR UTILIZATION OF
A REMOTELY OPERATED ROBOTIC VEHICLE; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW, AND PROVIDING AND 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 opened 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
J5~
DAYOF -0W
,2010.
CITY OF LA PORTE
BY:
ATTEST:
Martha A. Gillett
City Secretary
APPROVED:
<<~~~
Clark T. Askins
Assistant City Attorney
INTERLOCAL A GRE E ME N T
THE STATE OF TEXAS S
S
COUNTY OF HARRIS S
THIS INTERLOCAL AGREEMENT, made and entered into by and between Harris
County, Texas ("County"), a political subdivision of the state, acting through its governing
body, the Harris County Commissioners Court, and the City of La Porte, Texas ("City"), a
municipal corporation, acting through its governing body, its City Council.
RECITALS:
Harris County has received certain funds as part of the federal Homeland Security Grant
Program (Award Number 2005-GB-T5-0050) ("the Grant Award"). The Grant Award included
funds to be used to acquire a remotely operated robotic vehicle (the "Bomb Robot"), to be
utilized to inspect, disable and remove suspected explosive devices.
The County desires to make the Bomb Robot available to the City for use for those purposes of
the Grant Award.
City represents that it holds all necessary licenses and certifications to perform such services and
is qualified by education and experience to provide such services.
NOW, THEREFORE, pursuant to the authority granted by the Interlocal Cooperation Act (Chapter
791 of the Texas Government Code), and in consideration of the mutual covenants, agreements, and
benefits to both parties, the receipt and sufficiency of which is hereby acknowledged, the Parties
agree as follows:
TERMS:
I. SCOPE OF SERVICES
County grants City permission to use and operate the Bomb Robot in accordance with the
Grant Award and applicable requirements. With respect to the care, custody, and use of the
Bomb Robot, which may be furnished hereunder, Harris County and the City agree as follows:
(a) The Bomb Robot shall at all times be and remain the property of Harris County.
City shall not permit or suffer any lien or encumbrance upon the Bomb Robot or take any
other action inconsistent with Harris County's title thereto. Each item of the Bomb
Robot will have a tag that identifies the item as the property of Harris County, and states
that the item was "purchased with funds provided by the U.S. Department of Homeland
Security." City must not remove the tags and must assure that the tags remain on each
item of the Bomb Robot at all times.
(b) The Bomb Robot may be used only for law enforcement and emergency response
services as specified in the Grant Award, attached hereto and incorporated herein as
Exhibit "A", Information Bulletins issued from time to time by the United States
Department of Homeland Security, and subsequent grant awards under the Homeland
Security Grant Program.
C.A. File No. 06GEN1793
(c) The Bomb Robot must be made available on reasonable demand to
representatives of the Harris County Office of Homeland Security and Emergency
Management ("HCOHS&EM"), the Governor's Department of Emergency Management,
and the Harris County Sheriffs Office. City agrees to provide the Harris County
Sheriffs Office with annual reports of the use and condition of the Bomb Robot and all
records related to the Bomb Robot.
(d) City shall provide suitable storage for the Bomb Robot when not in use and shall
secure and reasonably protect the Bomb Robot against damage, loss, or theft, ordinary
wear and damage/loss occurring during intended use excepted.
(e) City shall keep and maintain the Bomb Robot in good working order and repair at
all times and return the same to Harris County in good condition, ordinary wear and
damage/loss occurring during intended use excepted.
(f) City shall not alter or modify or permit the alteration or modification of the Bomb
Robot in any respect without the express written permission of the Harris County
Sheriffs Office. In all uses of the Bomb Robot, City shall operate the Bomb Robot in a
safe manner as governed by conditions including weather and traffic.
(g) City shall use the Bomb Robot exclusively for the law enforcement or emergency
response purposes for which they are intended in accordance with the terms of this
Agreement and the Grant Award.
(h) City shall neither charge a fee for the use of nor derive any profit from the Bomb
Robot furnished hereunder, if any, providing that nothing in this clause shall be construed
to prohibit City from soliciting voluntary contributions for the furtherance of its law
enforcement or emergency response purposes.
(i) City shall promptly advise the Harris County Sheriffs Office's of accident,
mechanical failure, or other occurrence that may render any of the Bomb Robot
temporarily or permanently unfit for service. The Harris County Sheriffs Office and/or
any of its agents shall have the right to inspect the Bomb Robot at all times upon
reasonable notice to City. City shall at all times keep the Harris County Sheriffs Office
advised as to the place of storage of the Bomb Robot.
(j) City shall furnish and make available the Bomb Robot with personnel to operate
the same for law enforcement or emergency response services upon the request of the
Harris County Sheriffs Office and/or any of its agents.
(k) City shall comply with all federal, state, and Harris County laws, rules, and
regulations.
2
II. POSSESSION AFTER TERMINATION
Upon the termination or expiration of this Agreement, City shall return the Bomb Robot in good
working condition, normal wear and damage/loss occurring during intended use excepted, to the
Harris County Sheriffs Office along with records showing maintenance or repairs to the Bomb
Robot. In the event that City remains in possession of the Bomb Robot furnished pursuant to this
Agreement beyond the expiration of the term of this Agreement, such possession shall not be
deemed to create a renewal or extension of this Agreement, but shall only constitute a license to
continue to use the Bomb Robot upon the terms set forth herein until such time as the Bomb
Robot is returned to or repossessed by County.
III. TERM
The term of this Agreement shall be one (1) year beginning upon execution by a duly authorized
representative of each Party. This Agreement shall automatically renew for successive one-year
terms until terminated by the Parties. Either Party may terminate this Agreement upon 30 days
written notice to the other Party or at any time by written agreement of the Parties.
IV. NOTICE
Any notice required or permitted to be given to City by County may be given by certified United
States mail, return-receipt requested, postage-prepaid, addressed to:
La Porte Police Department, Chief Ken Adcox
3001 North 23rd Street
La Porte, Texas 77571
Any notice permitted or required to be given to County by City may be given by certified United
States mail, return receipt-requested, postage prepaid, addressed to:
Harris County Sheriff s Office
1200 Baker Street,
Houston, Texas 77002
Either Party may change its address by giving notice to the other Party in writing. Any notice
mailed by certified United States mail, return-receipt requested, shall be deemed given upon
deposit in the United States mail.
V. LIMITATION OF LIABILITY
Prior to execution of this Agreement, Harris County has advised City and City clearly
understands and agrees, such understanding and agreement being of the absolute essence of this
Agreement, that Harris County has certified no funds under this Agreement and City shall have
no cause of action for money against Harris County under this Agreement. Under no
circumstances will Harris County be responsible for any costs incurred by the City in carrying
out activities under this Agreement.
3
VI. INDEPENDENT CONTRACTOR
It is agreed that in the performance of all obligations undertaken by this Agreement, City is an
independent contractor with the right to supervise, manage, control, and direct the performance
of law enforcement and emergency response services. County shall have no right under this
Agreement to direct or supervise City or its agents or employees in the performance of such
services or as to the manner, means, or methods in which the services are performed.
VII. ENTIRE AGREEMENT
This instrument constitutes the entire agreement between the Parties hereto relating to the rights
herein granted and the obligations herein assumed. Any oral representations or modifications
concerning the Agreement shall be of no force or effect except a subsequent modification in
writing signed by the Parties. City shall not assign the duties and obligations of this Agreement
without the express written consent of County.
VIII. SEVERABILITY
If any provision or portion of this Agreement is held unconstitutional, invalid or unenforceable, the
remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected
and shall remain in full force and effect.
IX. GOVERNING LAW AND VENUE
This Agreement is governed in all respects by the laws and Constitution of the State of Texas.
Exclusive venue is in Harris County, Texas.
X. PUBLIC INFORMATION
City expressly acknowledges that County is subject to the Texas Public Information Act, Chapter
552 of the Texas Government Code, and notwithstanding any provision in this Agreement to the
contrary, County will make any information related to this agreement or otherwise available to
third parties in accordance with the Public Information Act.
XI. WAIVER OF BREACH
Waiver of a breach of any provision of this Agreement is not a waiver of any subsequent breach.
XII. NO PERSONAL LIABILITY
Nothing in this Agreement may be construed as creating any personal liability on the part of any
officer, director, employee or agent of any public body that may be a party to this Agreement and
the parties expressly agree that the execution of this Agreement does not create any personal
liability on the part of any officer, director, employee or agent of County.
4
UJI LU lUlU ll: b~ j<'AA '{ IJ'{ bblS'{ Z'{
tlGG GUMM GT
IftJUU?$
XIII.
REVIEW BY OFFICE OF STATE AND LOCAL PREPAREDNESS
This Agreement shall not be effective until it has been reviewed and approved by the Office of
State and Local Preparedness of the United States Department of Homeland Security and
approved by the County and the City.
IN WITNESS WHEREOF, this instrument has been executed on behalf of Harris County by the
County Judge in accordance with an order of the Harris County Commissioners Court approving
this agreement and on behalf of the City of La Porte by the Mayor of the City of La Porte in
accordance with action of the City of La Porte City Council approving this agreement.
APPROVED AS TO FORM:
CITY OF LA PORTE
VINCE RYAN
County Attorney . ~.
By: ~ ~ C (~
DON C. WHITLEY
Assistant County Attorney
Attest for City
HARRIS COUNTY
By: a~J4/7_
ED EMMETT
County Judge
Date Signed: FEB 2 3 2010
5
Received Time Mar. 11. 2010 11:45AM No. 1429
SUB-RECIPIENT AWARD FOR HARRIS COUNTY
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
2009, 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:
quorum, when among other business, the following was transacted:
, constituting a
ORDER AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT BY
AND BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE
REGARDING USE OF A BOMB ROBOT
Commissioner introduced an order and made a motion that the same be
adopted. Commissioner seconded the motion for adoption of the order. The motion,
carrying with it the adoption ofthe order, prevailed by the following vote:
Yes No Abstain
Judge Emmett D D D
Comm. Lee D D D
Comm. Garcia D D D
Comm. Radack D D D
Comm. Eversole D D D
The County Judge thereupon announced that the motion had duly and lawfully carried and
that the order had been duly and lawfully adopted. The order thus adopted follows:
IT IS ORDERED that the County Judge is authorized to execute for and on behalf of Harris
County, Texas, an Interlocal Agreement by and between Harris County and the City of La Porte
regarding use of a bomb robot, said Agreement being incorporated herein by reference for all
purposes as though fully set forth word for word.
Department of Homeland Security
Office of State and Local Government Coordination and
Preparedness
September 30, 2005
WlJShington. D.C. 1053/
The Honorable Robert Eckels
Harris County
1001 Preston
Room 800
Houston, TX 77002-0000
Dear Judge Eckels:
I am pleased to infonn you that the Office of State and Local Government Coordination and Preparedness has approved the
application for funding under the Fiscal Year 2005 Port Security Grant Program in the amount oU17,0 16,895 for Harris
County.
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim
audit fmdings, and the maiDteoance of a minimum level of casb-on-hand. Should you not adhere to these requirements, you
will be iD violation of the tenDs of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award, please contact:
_ Program Questions, Kenneth Concepcion, Program Manager at (202) 786-9512; and
_ Financial QuestiODS, the Office of the Comptroller, Customer Service Center (CSC) at
(800) 458-0786, or you may contact the CSC at ask.oc@usdoj.gov.
Congratulations, aDd we look forward to working with you.
Sincerely,
7f!JL
Matt A. Mayer
Acting Executive Director, SLGCP
Enclosures
I
\
! I. RECIPIENT NAME AND ADDRESS (lDcluclinC Zip Code)
I Hurls County
1001 P,eslon Room 800
Houslon. TX 77002.0000
Department ofHomcland Security
Office ofStatc and Local
Govcmmcnt Coordination and
Preparedness
PAGE I OF 3
Grant
I
4. A WARD NUMBER: 2005-GB- T5-00SO
!
5. PROJECT PERIOD: FROM
BUDGETPElUOD: FROM
09/0 1/2005 TO 02/2812008
09/01/2005 TO 02/2812008
6. A WARD DA'IE 09130/2005
8. SUPPLEMENT NUMBER
I 00
i
I 9. PllEVlOUS AWARD AMOUNT
17. AcnON
! Initial
IA. ORANIU lRSIVENDOR NO.
746011946
$0
f-
I 3. PROJECT TITLE
Hanis County Port Security Program IT 2005
10. AMOUNT OF THIS AWARD
$ 17.016.895
II. TOTAL AWARD
$ 17.016.895
12. SPECIAL CONDITIONS
THE ABOVE GRANT PIlOJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR UMlTA TIONS AS ARE SET FORllI
ON THE ATTACHED PAGE(S).
13. STATUTORY AU1lIOIUTY FOR GRANT
This pIOjccl is aupporlCcl under Public Law 10&-334. Dopanmenl of Homelancl Security Appropriations Act 0'2005
15. METHOD OF PAYMENT
PAPRS
AGENCY APPROVAL
16. TYPED NAME AND TITLE OF APPIlOVJNG DHS OFFICIAL
GRANTEE ACCEPTANCE
18. TYPED NAME AND TITLE OF AUllIOlUZED GRANTEE OFFICIAL
Malt A. Mayer
Aclin, Eltecutive Director, SLGCP
Robert Eckels
Jud,e
ED RECIPIENT OFFlCIAL
17. SIGNATURE OF APPROVING DHS OFFICIAL
_<-AI
~
j 20. ACCOUNTING CLASSIFICATION CODES
FISCAL FUND BUD. DlV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
5
T
OB
25
00
00
17016895
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OIP FORM 4000/2 (REV. 4-88)
,--
--..-----.-----------.-
Oepanment of Homeland Security
Office of State and Local
Government Coordination and
Preparedness
AWARD CONTINUATION
SHEET
Grant
PAGE 2 OF J
PROJECT NUMBER 2005-GB.T5-OO50
AWARD DATE
0913012005
SPECIAL CONDITIONS
I. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs (OJP) Financial Guide.
2. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States,
Local Governments, BDd Non-Profit Organizations, as further described in the current edition of the OJP Financial
Guide, Chapter 19.
3. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the
express prior written approval of OOP.
4. The recipient agrees that federal funds under this award will be used to supplement but not supplant state or local funds.
S. The recipient agrees that all allocations and uses of the funds under this grant will be in accordance with the Fiscal Year
2005 Port Security Grant Program Guidelines and Application Kit
6. The grantee is prohibited from obligating, (:ltpeoding or drawing down funds provided through this award until the
required Budget Detail Worksbcct and Budget Narrative arc provided to and approved by the program office and a
Grant Adjustment Notice (GAN) is issued removing this special condition.
7. All requests for changes, including but not limited to extensions and cbange in scope, to the approved award shall be
submined to the Port Security Grant Program Manager and will be carefully reviewed by the applicable authority for
consistency with the current OJP Financial Guide and their contribution to Pl"9ject goals and objectives.
8. Upon completion of the awarded project, tbe recipient agrees to submit a final report to the Port Security Grant
Program Manager following guidelines set forth by the Office for Domestic Preparedness (OOP).
9. The recipient agrees to submit a Categorical Assistance Progress Report (CAPR), as per the PSGP 'OS Program
Guidelines and Application Kit for biannual and final reports. CAPRs submined for a biannual report should use Block
12 to describe the status of the project, and comparison of actual accomplisbments to the objectives. CAPRs submitted
for tinal reports should use Block 12 to address the following: .
a. ~ applicable, indicate the total nwnbcr of items secured under this gnmt (i.e. Access Controls, Surveillance,
Physical Enhancements, and Vessels)
b. For all other items procured through this grant, provide a brief description and total number ofitems obtained
c. Based on the recipient's risk assessment. identify the total risk reduction in points lIS a result of the
implementation of this grant-funded projcct. If the recipient's assessment does not have a point risk reduction
formula,l~t the vulnerabilities the assessment identified, and the total number ofvu1nerabilities reduced by this grant
award project.
i
L-___.___.._
OJP FORM 400012 (REV. 4-88)
Deparunent of Homeland Security
Office of State and Local
Govenunent Coordination and
Preparedness
AWARD CONTINUATION
SHEET
Grant
PAGE 3 OF 3
PROJECT NUMBER. 200S-GB.TS.ooSO
AWAJID DATE
091301200S
SPECIAL CONDITIONS
10. The following projects and costs are ineligible for funding and such costs are unallowable under the Port Security Grant
Program:
~ Projects already receiving funding on a national level, including but.~ot limited to, vessel tnlffic system. (VTS),
automatic identification system (AlS), the development ofrisklvuinerablbty assessment models, supply cham cargo
tracking and security (e.g., Operation Safe Commerce, Container Security Initiative, and Common Operational
Picture);
b. Projects/items involving funding requirements for personnel, maintenance, operating expenses and the
reimbursement of security expenses;
c. Projects involving bridge infrasbUcture, roads, and nuclear power plants;
d. Projects that do not provide a compelling security benefit (primarily economic or safety vs. secwity);
e. Commingling or adjustments of funds or projects from previous rounds of port security grant programs; and
f. Signage, projects for p18Cll1'ding and billboards, or bard fixed structure signage.
II. Neither repairs to existing equipment nor replacement equipment costs are funded. Equipment includes, but is not
limited to, fencing, lighting, ccrv, access controls, etc.
12. When the scope of the recipient's project activities involves the direct participation of other agencies or organizations
by providing a layered secwity approach, as defined by the POOP FY 05 Program Guidelines and Application Kit, the
recipient shall make available to SLGCP written documentation (e.g., memorandum of understanding or agreement,
commitment letter, etc.) of those agencies' or organizations' participation agreement for review and approval.
13. FUDds may not be used for outfitting facilities, vessels, or other structures with equipment or items providing a
hospitality benefit rather than a direct a security benefit, including but not limited to, office furniture, CD players, DVD
players, AMIFM radios, etc.
14. All lighting must meet Occupational Safety and Health Administration (OSHA) requirements.
15. FUDds may not be used to outfit facilities, vessels, or other structures with weaponry, including but not limited to,
firearms and ammunition.
16. The Transportation Worker Identification Credential (TWIC) is designed to be an open architecture, standards-based
system and follow published ANSlINlST and ISO standards. Accordingly, port projects that involve new
installations/upgrades to access control systems should exhibit compliance to these and related standards in their system
desigo and implementation. Port card reader systems should be compliant with ISO 7816 and/or ISO 14443 for
appropriate TWIC smart card compatibility. The TWIC program will eoable the use ofbiometric recognition
technologies in port access control systems, following guidelines provided by the ANSI INCrrS 383-2004 "Biometric
Profile -Interoperability and Data Interchange -Biometrics based Verification and Identification of Transportation
Workers" document The TWIC program will be compliant to the GSCIS (Government Smart Card Interoperability
Standard), and associated efforts that include the GSC-IAB PACS (Interagency Advisory Board Physical Access
Control Systems) implementation guidelines and ICC data model.
17. Federal Funding shall not be used to fund the additional equipment for the boats (outboard motors, lower units and
propellers)in Project 4 of this award
OJP FORM 400012 (REV. 4-&8)
Department of Homeland Security
Office of State and Local Government Coordination
and Preparedness
WtuhlllglOll. D.C. 205JJ
Memorandum To: Official Grant File
From:
Al Fisher, Environmental Coordinator
Subject:
Categorical Exclusion for Harris County
The U.S. Department of Homeland Security (DHS), through the Office of State and Local Government
Coordination and Preparedness (SLGCP), Office for Domestic Preparedness (ODP) must consider the
environmental impacts of a grant action under the National Environmental Policy Act (NEP A). NEP A
requires that any federally funded grant activity be reviewed for potential environmental impact within
the place of performance of the project. Recipients of the Fiscal Year 2005 Port Security Grant Program
(pSGP) grants are subject to compliance with NEP A.
DHS has identified several categories of actions that do not individually or cumulatively have a
significant impact on the human environment and Ulerefore do not require an Environmental Assessment
(EA) or Environmental Impact Statement (EIS). These categorical exclusions allow grantees to avoid
unnecessary analysis, process, and paperwork and concentrate their resources on those proposed actions
having real potential for environme~tal concerns. For an action to be categorically excluded, grantees
must satisfy three conditions:
1. The entire action must clearly fit within one or more of the categories of excludable actions listed in
DHS Management Directive 5100.1, Environmental Planning Program.
2. The scope of the action has not been segmented to be a small piece of a larger action in order to avoid
the appearance of significance.
3. No extraordinary circumstances with potentially significant impacts relating to the proposed action
exist.
Activities that involve greater potential for environmental effect require a Record of Environmental
Consideration. Projects in the following categories require grantees to complete a NEP A Compliance
Checklist addressing the environmental issues for each project funded by DHS grants:
_ Acquisition, installation, maintenance, operation, evaluation, removal, or disposal of security
equipment to screen for or detect dangerous individuals or dangerous or illegal materials at existing
facilities.
_ Acquisition, installation, maintenance, operation, evaluation, removal, or disposal of target hardening
security equipment, devices, or controls to enhance the physical security
"
of existing critical assets.
Activities conducted using SLGCP grant funding that require specific documentation ofNEP A compliance must
be coordinated between the grantee and the SLGCP Program Manager.
Depa"ment or Homeland Sccuri!)'
GRANT MANAGER'S MEMORANDUM, PT. I:
PROJECT SUMMARY
Office of State and Local
Government Coordination
and Preparedness
Grant
PROJECT NUMBER
200~B- TS-0050
PAGE 1 OF I
This project is supporICd under Public Law 108-334, Department ofHomcland Seeuri!)' Appropriations Act of 2005
I. STAFf CONTACT (Name & telephone number)
Kenneth Concepcion
(202) 786-9512
2. PR01ECT OlRECTOR (Name, address & telephone number)
ROOert Eckels
Coun!)' 1u4ge
1001 Pteston, Suite 91 (
Houston, TX 77002-1896
(713) 755-4000
3a. TITLE OF THE PROGRAM
Fiscal Year 2005 Po" Securi!)' Grant Program
3b. POMS CODE (SEE INSTRUcnONS
ON REVERSE)
,
I
! 4. TITLE OF PR01ECT
, Harris Coun!)' Port Sccurily Prognun FY 2005
I
I
5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE
Harris ColIn!)'
1001 Prcaton Room 800
Houston, TX 77002-0000
7. PROGRAM PERIOD 8. BUDGET PERIOD I
I
fROM: 09/01fl005 TO: O2fl8flOOB fROM: 091OIflOO5 TO: 02fl8flOO8
9. AMOUNT OF A WARD , 10. DATE OF AWARD
S 17,016.895 0913012005
II. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT
13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT
i
L-- .-.---
I. 15. SUMMARY DESCRIPTION OF PROJECT (See iJJ&lnlction on reverse)
Through this accord, Hanis Calnly. Texas will WIC gtant fIlnding in the amountofSI7,OI6,895.00frOlll the Fiscal Year 2005 PortSccurily Grant
I Program for COSl& related to the implementation of the county's Enhance Layered Protection projects. These funds are intended to create a
SUSlainab~ rislc-based effort for the protection of critical PO" infraslrUClUre5 from terrorism, especially explosives and nOlH:Ol\ventional threal&
thal would cause major dislUption to commerce and signiflClll\tloss of life.
... -- ----------- .----..--. -- .1 '_ ...._ ___.___.__.__ .____. _ .__....____.______._.1
I
I
!
01P FORM 400012 (REV. 4-88)
. U.)/ .LJ./ ZU1.U 1.Z: 0::1 1<AA 11.,)/0015 {Z {
111.;1.; I.;U!l1l1'L 1.;1
tgjU1.0
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 ofEEB-2-3 2010
2010, with the following members present, to-wit:
Ed Emmett
EI Franco Lee
Sylvia R. Garcia
Steve Radack
Jerry Eversole
County Judge
Com:missioner, Precinct No.1
Commissioner, Precinct No.2
Commissioner, Precinct No.3
Commissioner, Precinct No.4
And the following members absent, to-wit: \'-.)(')/0 L
quorum, when among other business, the following was transacted:
, constituting a
ORDER AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT BY
AND BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE
REGARDING USE OF A BOMB ROBOT
Commissioner (j A 'Ie \ .f+- introduced an order and made a motion that the same be
adopted. Commissioner \-e~ 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 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 lawfully adopted. The order thus adopted follows:
IT IS ORDERED that the County Judge is authorized to execute for and on behalf of Harris
County, Texas, an Interlocal Agreement by and between Harris County and the City of La Porte
regarding use of a bomb robot, said Agreement being incorporated herein by reference for all
purposes as though fully set forth word for word.
Presented to Commissioner's Court
FEB 2 3 20m
APPROVE
Recorded Vol ).&J Page-.!iLI- Lj / 2-
Received Time Mar.11. 2010 11:45AM No. 1429
. U 3/ 1'1./ Z U 1 U 1 Z : 57 FAA 'f 13 7 5 5 lSi Z 'f
tlt;t; t;UMJ\l t;T
~uu<::
SHERIFF ADRIAN GARCIA
II ..... ,
nL::JII
_.,,,. I.I.'~. ~.1.'1I.. ~ I.' ..,., I. _. .'JllllilllJ__
February 15, 2010
Vote of the Court:
No Abstain
o 0
~ ~
The Honorable Judge Ed Emmett
And Members of Commissioners Court
Harris County Administration Building
Houston, Texas 77002
Judge Emmett
Comm. Lee
Comm. Garcia
Comm. Radack
Comm. Eversole
Honorable Members of Court:
Respectfully request Commissioners Court approval to accept an Interlocal
Agteement betwaen Harris County and the City of La Porte concerning the use of
a bomb robot.
Your favorable consideration is greatly appreciated.
zc;x::m~ttej~
ADRIAN GARCIA, ~E4FF
HARRIS COUNTY
Presented fo Commissioner's Court
FEB 2 3 2010
APPROVE ~ L-
Recorded Vol '.> pageJI:LL - Lf('Z.--
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Received TimLMar.11'.~2010-11:45AM-No.1429
./
CYCrIlTIVS: RIJRJ:AIJ
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If!:J UUJ
The Office of Vince Ryan
County Attorney
. "
February 9, 2010
Sheriff Adrian Garcia
Attention: Maj. Michael J. O'Brien
Re: Interlocal Agreement by and between Harris County and the City
of La Porte regarding use of a bomb robot; C.A. File No.
09GEN0300.
Dear Sheriff Garcia:
Transmitted herewith please find originals of the referenced document,
which we have prepared according to your instructions and approved as to fonn.
Please review same carefully and advise of any changes you may desire.
Sincerely,
VINCE RYAN
County Attorney ,/J ff
5- &""L L L/~
By DON C. WHITLEY
Assistant County Attorney
VR:DCW
Attachment
Received Time Mar.11, 2010 11:45AM No. 1429
""" ,...,____u~ 1C~t. 'C'1~~~ . u.....""+........ T..v'3<' ",,()o') . Phnnp,' 711-7~.c;-.c;101 . Fax: 713-755-8924
H
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Januar\' 25. 2010
ADJ>roDl'iation
Requested By: Ron Bottoms
Source of Funds:
Department: City Mana(!er's Office
Account Number:
Report:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits: Indush'ial District Aereement
Budgeted Item:
(YES)
NO
Exhibits:
SUMMARY & RECOMMENDATION
The City and hldustry have agreed to renew the provisions of the Industrial District Agreement for a twelve year
period. The current agreements will expire on December 31) 2019) the common date for the Battleground and
Bayport Industrial Districts.
Seawater Inc has requested to execute an Industrial District agreement with the City of La Porte for a portion of the
land which they purchased from BaYPOlt NOlth Industrial II which is covered under Ordinance 2007-IDA-17.
Staff recommends City Council authorize the execution of Industrial District Agreement with Seawater Inc.
. Ordinance No. 2007-IDA-119
Seawater, Inc
Action Required bv Council:
Consider approval of the ordinance 2007-IDA-l 19 authorizing the execution by the City of La Porte ofIndustrial
District Agreement listed above.
14)0
Date
ORDINANCE NO. 2007 -IDA-119
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH SEAWATER INC, A TEXAS CORPORATION
FOR THE TERM COMMENCING JANUARY 1,2008, AND ENDING DECEMBER 31, 2019,
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE
HEROF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Seawater, Inc; a Texas Corporation has executed an industrial district
agreement with the City of La Porte, for the term commencing January 1, 2008, and ending
December 31, 2019, a copy of which is attached hereto, incorporated by reference herein, and
made a part hereof for all purposes.
Section 2. The Mayor, the Assistant City Manager, the City Secretary, and the City
attorney of the City of La Porte, be and they are hereby, authorized and empowered to execute
and deliver on behalf of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the city for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
1
-.
PASSED and APPROVED, this 25th day of January 2010.
CITY OF LA PORTE
ATTEST:
~m/4.~
M GIllett, City Secretary
APPROVED:
~/_~
Clark Askins, Assistant City Attorney
2
NO. 2007-IDA- \l~
STATE OF TEXAS
COUNTY OF HARRIS
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTEr TEXASr a municipal corporation of Hagis County,
Texasr hereinafter called t1CITY", and "S-s'~vJ~J.-. ~,
...-.--- "'" t' h . ft
r a \ ~~,~::. corpora ~onr ere~na er
called "COMPANY" r
WIT N E SSE T H:
WHEREASr it is the established policy of the City Council of
the City of La Porte r Texas, to adopt such reasonable measures
from time to time as are permitted by law and which will tend to
enhance the economic stability and growth of the City and its
environs by attracting the location of new and the expansion of
existing industries therein, and such policy is hereby reaffirmed
and adopted by this City Council as being in the best interest of
the City and its citizens; and
WHEREASr pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porter Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter
"Land"); and said Land being more particularly shown on a plat
attached as Exhibit "B", which plat describes the ownership
boundary lines; a site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the Land
previously annexed by the City of La Porte; and
WHEREASr City desires to encourage the expansion and growth
of industrial plants wi thin said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
FINAL DRAFT: November 1, 2007
1
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted ~~der the Municipal &~nexation Act and the
Ordinances of City referred to above, City and Company hereby
agree with each other as follows:
I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed
pursuant to the terms of this Agreement. Subject to the foregoing
and to the later provisions of this Agreement, City does further
covenant, agree and guarantee that such industrial district, to
the extent that it covers said Land lying within said District and
not now within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of
land, (b) prescribing any building, electrical, plumbing or
inspection code or codes, or (c) attempting to exercise in any
manner whatever control over the conduct of business thereon;
provided, however, any portion of Land constituting a strip of
land 100' wide and contiguous to either Fairmont Parkway, State
Highway 225, or State Highway 146, shall be subject to the rules
and regulations attached hereto as Exhibit "C" and made a part
hereof; and provided, however, it is agreed that City shall have
the right to institute or intervene in any administrative and/or
judicial proceeding authorized by the Texas Water Code, the Texas
Clean Air Act, the Texas Health & Safety Code, or other federal or
state environmental laws, rules or regulations, to the same extent
and to the same intent and effect as if all Land covered by this
Agreement were not subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended) I
the appraised value for tax purposes of the annexed portion of
Land, improvements, and tangible personal property shall be
determined by the Harris County Appraisal District. The parties
hereto recognize that said Appraisal District has no authority to
appraise the Land, improvements, and tangible personal property in
the unannexed area for the purpose of computing the "in lieu"
2
payments hereunder. Therefore, the parties agree that the
appraisal of the Land, improvements, and tangible personal
property in the unar~"1.exed area shall be conducted by City, at
City's expense, by an independent appraiser of City's selection.
The parties recognize that in making such appraisal for "in lieu"
payment purposes, such appraiser must of necessity appraise the
entire (annexed and unannexed) Land, improvements, and tangible
personal property.
Nothing herein contained shall ever be interpreted as lessening
the authority of the Harris County Appraisal District to establish
the appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. The properties upon which the "in lieu of" taxes are assessed
are more fully described in subsections I, 2, and 3 of subsection
C, of this Paragraph III (sometimes collectively called the
"Property") ; provided, however, pollution control equipment
installed on the Land which is exempt from ad valorem taxation
pursuant to the provisions of Sec. 11.31 of the Texas Property Tax
Code is exempt from ad valorem taxation and "in lieu of taxes"
hereunder. Property included in this Agreement shall not be
entitled to an agricultural use exemption for purposes of
computing "in lieu of taxes" hereunder.
B. On or before the later of December 31, 2008, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2019, Company
shall pay to City an amount of "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year (nValue
Yearn) .
C. Company and City agree that the following percentages
("Percentage Amount") shall apply during each of the Value Years:
Value Year 2008: 62%
Value Year 2009: 62%
Value Year 2010: 62%
Value Year 2011: 62%
Value Year 2012: 62%
Value Year 2013: 62%
Value Year 2014: 63%
Value Year 2015: 63%
Value Year 2016: 63%
Value Year 2017: 63%
Value Year 2018: 63%
Value Year 2019: 63%
Company
taxes"
personal
of:
agrees to pay to City an amount of "in lieu of
on Company's land, improvements and tangible
property in the unannexed area equal to the sum
3
1. Percentage Amount of the amount of ad valorem taxes
which would be payable to City if all of the Company's
Land and improvements which existed on January I, 2008,
and each January 1 thereafter of the applicable Value
Year during the term of this Agreement, (excluding
amounts which would be so payable with respect to any
Substantial Increase in value of such Land and
improvements to which subparagraph 2, below appl ies) ,
had been within the corporate limits of City and
appraised each year by City's independent appraiser, in
accordance with the applicable provisions of the Texas
Property Tax Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January I, 2007, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation),
for each Value Years following completion of
construction in progress, an amount equal to
Twenty-five percent (25%), if construction is
completed in Value years 2008 through 2013; and
Twenty percent (20%), if construction is completed
in Value years 2014 through 2019, of the amount of
ad valorem taxes which would be payable to City if
all of said new construction had been within the
corporate limits of City and appraised by City IS
independent appraiser, in accordance with the
applicable provisions of the Texas Property Tax
Code.
In the case of new construction which is completed
in Value Year 2016 or later, and provided,
further, that City and Company enter into an
Industrial District Agreement after the expiration
of this Industrial District Agreement, then, and
in such events, such new construction shall be
entitled to additional Value Years under the new
Agreement at a Twenty percent (20%) valuation
under this subparagraph (a), for a total of six
(6) Value Years, but not extending beyond Value
Year 2022.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January I, 2007i or
ii. a cumulative value of at least $3,500,000.00.
4
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2007,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2007, value; and
3 . Percentage Amount of the amount of ad valorem taxes
which would be payable to City on all of the Company's
tangible personal property of every description,
located in an industrial district of City, including,
without limitation, inventory, (including inventory in
a federal Foreign Trade Zone and including Freeport
exempted inventory), oil, gas, and mineral interests,
items of leased equipment, railroads, pipelines, and
products in storage located on the Land, if all of said
tangible personal property which existed on January 1,
2008, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement,
(excluding amounts which would be so payable with
respect to any Substantial Increase in value of such
tangible personal property to which subparagraph 2,
above applies), had been within the corporate limits of
City and appraised each year by the City'S independent
appraiser, in accordance with the applicable provisions
of the Texas Property Tax Code.
with the sum of 1, 2 and 3 reduced by the amount of City's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
4 . Notwi thstanding the above, should Ci ty elect to grant
the freeport inventory exemption authorized by Article
VIII, Section I-j of the Texas Constitution and Section
11.251 of the Texas Property Tax Code to taxpayers
within the City. limitsr then the freeport inventory
exemption shall apply to parties to this Agreement.
Further, should inventory or any other class or type of
property become exempt from taxation by constitutional
amendment or act of the Texas Legislature (including,
but not limited to, Article VIII, Section I-n, of the
Texas Constitution and Section 11.253 of the Texas
Property Tax Code), such class or type of property
shall be exempt for purposes of this Agreement, unless
the City Council of. the City of La Porte shall by
Ordinance provide for the continued taxation of such
property under the authority of any applicable
provisions of the Texas Constitution and Texas
Statutes.
5
5. Ci ty and Company acknowledge circumstances might
require the' City to provide emergency services to
Company's Property described on Exhibit II A. II attached
hereto. Emergency services are limited to fire,
police, and public works emergency services. If
Company is not a. member of Channel Industries Mutual
Aid Association (ClMA) , Company agrees to reimburse
City for its costs arising out of any emergency
response requested by Company to Company I s property,
and to which City agrees to respond. If Company is a
member of ClMA, the obligations of Company and City
shall be governed by the ClMA agreement, to which
agreement City is a party.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2008, and continuing thereafter until December 31,
2019, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event
this Agreement is not so extended for an additional period or
periods of time on or before August 31, 2019 I the agreement of
City not to annex property of Company within the District shall
terminate. In that event, City shall have the right to commence
immediate annexation proceedings as to all of Company's property
covered by this Agreement I notwithstanding any of the terms and
provisions of this Agreement.
Company agrees that if the Texas Municipal Act, Section 42.044,
Texas Local Government Code, is amended after January 11 1994, or
any new legislation is thereafter enacted by the Legislature of
the State of Texas which imposes greater restrictions on the right
of City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation
of such landl Company will waive the right to require City to
comply with any such additional restrictions or obligations and
the rights of the parties shall be then determined in accordance
with the provisions of said Texas Municipal Annexation Act as the
same existed January 1, 1994.
v.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by city or by the Harris
County Appraisal District for any year or years during the terms
hereof, nothing in this Agreement shall preclude such protest and
6
Company shall have the right to take all legal steps desired by it
to reduce the same.
Notwithstanding such protest by Company, and except as otherwise
provided in Article VI (B), Company agrees to pay to City on or
before the date therefore hereinabove provided, at least the total
of (a) the total amount of ad valorem taxes on the annexed
portions, plus (b) the total amount of the "in lieu of taxes" on
the unannexed portions of Company's hereinabove described property
which would be due to City in accordance with the foregoing
provisions of this Agreement on the basis of renditions which
shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter
Company shall make payment to City of any additional payment due
hereunder, or City shall make payment to Company of any refund
due, as the case may be, based on such final valuation, together
with applicable penalties, interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II
above (which shall be given in writing to Company), Company shall,
within twenty (20) calendar days of receiving City's invoice, give
written notice to the City of such disagreement. In the event
Company does not give such written notice of disagreement within
such time period, the appraisal made by said independent appraiser
shall be final and controlling for purposes of the determination
of "in lieu of taxes" payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall
also submit to the City with such notice a written statement
setting forth what Company believes to be the market value of
Company I s hereinabove described property. Both parties agree to
thereupon enter into goc;:>d faith negotia"tions in an attempt to
reach an agreement as to the market value of Company's property
for "in lieu" purposes hereunder. If, after the expiration of
thirty (30) days from the date the notice of disagreement was
received by City, the parties have not reached agreement as to
such market value, the parties agree to submit the dispute to
final arbitration as provided in subparagraph 1 of this Article
VI(B). "
Notwithstanding any such disagreement by Company, Company agrees
to pay to City on or before December 31 of each year during the
term hereof, at least the total of (a) the ad valorem taxes on the
annexed portions, plus (b) the total amount of the Hin lieu"
payments which would be due hereunder on the basis of Company 's
written valuations statement submitted to City by Company
hereunder, or the total assessment and lIin lieu of taxes" thereon
for the l~st preceding year, whichever is higher.
7
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those tvJ'O. In case of no agreement on this
arbi trator in 10 days, the parties will join in a
written request that the Chief Judge of the U.S.
District Court for the Southern District of Texas
appoint the third arbitrator who, (as the "Impartial
Arbitrator") shall preside over the arbitration
proceeding. The sole issue to be determined in the
arbitration shall be resolution of the difference
between the parties as to the fair market value of
Company I s property for calculation of the II in lieu If
payment and total payment. hereunder for the year in
question. The Board shall hear and consider all
relevant and material evidence on that issue including
expert opinion, and shall render its written decision
as promptly as practicable. That decision shall then
be final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall
bear its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event. of default in payment of Ifin lieu
of taxes" payments hereunder, which shall accrue penalty and
interest in like manner as delinquent taxes, and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the
property belonging to it within the territory hereinabove
described, and the agreements herein contained shall be held to be
covenants running with the land owned by Company situated within
said territory, for so long as this Agreement or any extension
thereof remains in force. Company shall give City written notice
within ninety (90) days, with full particulars as to property
assigned and identity of assignee, of any disposition of the Land,
and assignment of this Agreement.
IX.
If City enters into an Agreement wi th any other landowner with
respect to an industrial district or enters into a renewal of any
8
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
x.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
Without such agreement neither party hereto would enter into this
Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent
of and separable from the remainder of this Agreement and the
validity of the remaining parts of this Agreement shall not be
affected thereby.
XI.
Opon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
XII.
Notices by a party to the other party hereto, shall be mailed or
delivered as follows:
To the City of La Porte:
City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
0e; ~~:,..j\.._ ~'- ,
C') f2 (COMPANY)
Attention: ~'O"'~_\ ~ D~V',",\,jt,,~;-\ Depcu_ Lmerrr.
9'C> ~o~- ~ (",3,:5'"'\0
,...\ OA'S\ ;:),-\ \_k I' :::-\)-'\- -~ s ") ~
To Company:
Company shall promptly notify City of any change of ownership of
Property, any assignment of this Agreement, and of any change of
billing address.
Company shall notify City annually, on or before June 1, of any
changes to the following information:
9
Plant Manager
t~ame :
Address:
Phone:
Fax:
Email: r~Qhl"\l~ Q \Y\~~~ed~.C-.-../
Tax Agent/Billing Contact
Name:
Address:
Phone:
Fax:
Email:
ENTERED INTO effective the 1st day of January, 2008.
By:
Name:
Title:
Address:
:t.t-\ <.: .
{COMPANY}
~ST'
IittIJ/LAdlJ
i Secretary
By:
~
A7l:U4
/: ~-t'By:
Knox W. Askins /
City Attorney
city of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
281.471.1886
281. 471. 2047 fax
knoxaskins@comcast.net
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, TX 77571
10
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me
NOV(rY)bt~ , 200~, by Ronafrl e Aau.qhVVlal1
of 5eC1IA.?Gli.e1" Xnl?. corporation, a '
on behalf of sAid entity.
of
STATE OF TEXAS
COUNTY OF HARRIS
instrum~nt
, 20~ U,
municipal
was acknowledged before me on the ~~ of
by Barry Beasley I Mayor of the City of La
corporation, on behalf of said ~ntity.
~~9<~V'f~ YVONNE GARRISON
~*1 r~ Jf( COMMISSION EXPIRES
~'J(" ...:>~ 28 2013
'4/:(#lif:,~"~" October I
11
"EXHIBIT A"
(Metes and Bounds Description of Land)
12
METES & BOUNDS DESCRIPTION
5.7515 ACRES BEING OUT OF
RESTRICTED RESERVE "B" REPLA T
BAYPORT NORTH INDUSTRIAL PARK
PARTIAL REPLAT NO.1
HARRIS COUNTY, TEXAS
All that certain 5.7515 acres of land being out of Restricted Reserve "B" Replat. Bayport North Industrial
Park Partial Replat No. 1 according to the plat thereof filed at Film Code No. 516298. Harris County Map
Records, also being out of that certain called 110.5334 acre tract of land described in a deed dated 11-
08-1999 from Don l. Tuffli, Trustee to Bayport North Industrial Park, l. P. filed for record in the Official
Public Records of Real Property of Harris County, Texas, at Clerk's File No. U-074535, Film Code No.
529-10-2591 and being more particularly described by metes and bounds as follows:
COMMENCING at a found 5/8" iron rod with cap located in the west right-of-way line of New West Drive
(60' wide) at its intersection with the south right-of-way line of New Decade Drive (60' wide); Thence N
030 06' 23" W- 638.13', with the east line of the aforementioned Reserve "B" to a found 5/8" iron rod with
cap for comer, marking the POINT OF BEGINNING of the herein described tract;
THENCE in a westerly direction S 860 53' 37" W - 425.00' to a found 5/8" iron rod with cap for comer;
THENCE N 030 06' 23" W - 592.38', with the northerly west line of the said Reserve "B" to a found 5/8"
iron rod with cap for comer;
THENCE in an easterly direction N 860 53' 37" E - 401.76' to a found 5/8" iron rod with cap marking a
point on a curve to the right having a central angle of 160 34' 00", a radius of 560.00' and a radial bearing
of S 70019' 37" W - 560.00';
THENCE in a southerly direction with the said west right-of-way line of New West Drive an arc distance of
161.92' to a found 5/8" iron rod with cap marking the point of tangency;
THENCE with the aforementioned west right-of-way line of New West Drive S 03006' 23" E - 432.71' to
the POINT OF BEGINNING and containing 5.7515 acres (250.536 square feet) of land, more or less.
Compiled from survey by:
PREJEAN & COMPANY, INC.
Surveying / Mapping
Job No. 256-1-25
September 28, 2005
-EXHIBIT B"
Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.}
13
"EXHIBIT ell
Page 1 of 3
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 146 shall be subject to the following rules and
regulations pertaining to new signage, screening, driveways and
median crossovers. These rules and regulations shall apply after
the effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, State Highway 225, or State
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
~ One freestanding identification sign shall be permitted
for each side of an industrial establishment that
fronts on an improved public right-of-way.
~ Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
r:t:. One freestanding identification sign for identifying
multiple business~s is allowable at the intersection of
improved public rights-of-way.
~
Freestanding identification signs for
businesses shall not exceed 350 square feet.
multiple
~ Freestanding identification signs shall not exceed 45
feet in height.
~ Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100 I strip is developed, the
initial 50 'of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, State Highway
225, or state Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual. screen..
14
"EXHIBIT e"
Page 2 of 3
b) The use of earthen berms with approximately 3: I side
slopes, 50' wide at the base and 8 I high. The berms
may be landscaped with a combination of trees, shrubs,
and ground cover. All berms and landscaping. will be
maintained by the property owners.
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground
cover that after 5 years growth will be at least 20
feet .in height and shall, together with shrubs and
ground cover, create a continuoUs visual screen.
Provided, however, in public utility easements or
rights-of-way, the vegetation shall be installed and
maintained in a manner which is acceptable to the
public utility company, and does not interfere with the
operation and maintenance of the public utility
facilities.
For items b and c above, the actual length of. required
screening along the roadway will be equal to the length of
the new development that is parallel to the roadway.
Screening shall not be required for new development that is
to the rear of or behind existing facilities.
In all cases the 50' strip, along the entire roadway
frontage, shal], be dedicated as a landscape easement and
shall be kept free from any improvements except for approved
driveway access and identification signs.
For cases of new development or improvements where a 50'
landscape easement is not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative. .
d) In the case of land contiguous to Fairmont Parkway, in
addition to the other requirements of these Rules and
RegUlations, Company shall dedicate to City by plat a
ten foot (IO ,) wide pedestrian and bicycle easement,
extending along Company's Fairmont parkway boundary,
within the fifty foot (50') landscape easement. The
pedestrian easement shall not be within any pipeline
facility, except for necessary crossings.
3. Driveways opening from said strip of ~and onto State Highway
225 or State Highway 146 shall. be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is
more restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subj ect to the rules and regulations of
Harris County and provisions of the City's Code of
Ordinances, whichever is more restrictive.
UEXHIBIT Cn
Page 3 of 3
4 . Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
LMAAK
~NGINEERING, L.L.C.
CIVIL I MARINE I PLANNING I STRUCTURAL
8419 Emmett F. Lowry Expy., Suite 120 I Texas City, TX 77591
LETTER OF TRANSMITTAL
Date: October 28, 2009
To: Mr. Brian Sterling
GIS Manager
City of La Porte - GIS Department
604 W Fairmont Parkway
La Porte, Texas 77571
From: Edgard Figueroa,
Project Engineer
RE: International Fumigators - Industrial Agreement
La Porte, TX
Project No. P09-254
Attached for your review are two copies of the industrial agreement for the project referenced
above. Please review and let me know if all of the information was properly filled out. I
appreciate your time and effort.
Should you have any questions or require additional information, please feel free to call me at
409-935-9986, ext. 101.
S;?,
<<Mr
Edgard Figueroa
Project Engineer
S.hlELMAAK
. ENGINEERING, L.L.C.
.. CIVIL I MARINE I PLANNING I STRUcrURAL
8419 Emmett F. Lowry Expy., Suite 120 I Texas City, TX 77591
DATE:
LElTER OF TRANSMllTAL
~
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cfO~i6 ~ q 9 J(g
~ cA 12 b
To:
FROM:
EDGARD FIGUEROA, E.I.T.
PROJECT No:
ITEM
No.
No. OF
COPIE
S
DESCRIPTION
/
'Z-
1 ~
DELIVERY METHOD:
...0fFICE PICK-UP
~ H~ND DELIVERY
COURIER
REGULAR MAIL
OVERNIGHT DELIVERY
OTHER:
RECEIVED By:
(SIGNATURE)
(DATE)
[PI 409.935.9986
[F] 409.938.8706
[E] info@shelmark.net
[WI www.shelmark.net
I
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Januarv 25. 2010
Appropriation
Requested By: Ron Bottoms
Source of Funds:
Department: Citv Manal!er's Office
Account Number:
Report:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits: Industrial District Al!reement
Budgeted Item:
(YES)
NO
Exhibits:
SUMMARY & RECOMMENDATION
These two properties have an existing contract under Ordinance 2007-IDA-46; the property is being split so that the
unimproved section can be developed.
Staff recommends City Council authorize the execution of Industrial District Agreements with the following
industries which will replace ordinance 2007-IDA-46 with Air Liquide USA:
. Ordinance No. 2007-IDA-117
. Ordinance No. 2007-IDA-118
Air Liquide Large Industries U.S., LP
Air Liquide America Specialty Gases, LLC
Action Required bv Council:
Con' approval of the ordinance 2007-IDA-117 & 2007-IDA-118 authorizing the execution by the City of La
e of ndustrial District Agreements listed above.
Ron Bottoms, City Manager
l~k
.
Date
ORDINANCE NO. 2007 -IDA-117
3210
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH AIR L1QUIDE LARGE INDUSTRIES U.S., LP, A
DELAWARE LIMITED PARTNERSHIP FOR THE TERM COMMENCING JANUARY 1, 2008,
AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW,
AND PROVIDING AN EFFECTIVE DATE HEROF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Air Liquide Large Industries U.S., LP, a Delaware Limited Partnership has
executed an industrial district agreement with the City of La Porte, for the term commencing
January 1, 2008, and ending December 31, 2019, a copy of which is attached hereto,
incorporated by reference herein, and made a part hereof for all purposes.
Section 2. The Mayor, the Assistant City Manager, the City Secretary, and the City
attorney of the City of La Porte, be and they are hereby, authorized and empowered to execute
and deliver on behalf of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the city for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
1
PASSED and APPROVED, this 25th day of January 2010.
CITY OF LA PORTE
ATTEST:
~ '
. ~, &.4/
Mart a iUett, cilfsecretary
APPROVED:
2
NO. 2007-IDA-JJll
STATE OF TEXAS
COUNTY OF HARRIS
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal cor oration of Ha ris C;ounty, . p
Texas, hereinafte~ c;:alled. t~CITY", rfind "UCL tC~ ,r Q u~ine LLS.C
, a \~o..~~ LlM.'le& i:11r1ner" f' , herelnafter
called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures
from time to time as are permitted by law and which will tend to
enhance the economic stability and growth of the City and its
environs by attracting the location of new and the expansion of
existing industries therein, and such policy is hereby reaffirmed
and adopted by this City Council as being in the best interest of
the City and its citizensi and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Codei and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter
"Land") i and said Land being more particularly shown on a plat
attached as Exhibit "B", which plat describes the ownership
boundary linesi a site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the Land
previously annexed by the City of La Portei and
WHEREAS, City desires to encourage the expansion and growth
of industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City;
FINAL DRAFT: November 1, 2007
1
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of Ci ty referred to above, City and Company hereby
agree with each other as follows:
I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed
pursuant to the terms of this Agreement. Subject to the foregoing
and to the later provisions of this Agreement, City does further
covenant, agree and guarantee that such industrial district, to
the extent that it covers said Land lying within said District and
not now within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of
land, (b) prescribing any building, electrical, plumbing or
inspection code or codes, or (c) attempting to exercise in any
manner whatever control over the conduct of business thereoni
provided, however, any portion of Land constituting a strip of
land 100' wide and contiguous to either Fairmont Parkway, State
Highway 225, or State Highway 146, shall be subject to the rules
and regulations attached. hereto as Exhibit "C" and made a part
hereof; and provided, however, it is agreed that City shall have
the right to institute or intervene in any administrative and/or
judicial proceeding authorized by the Texas Water Code, the Texas
Clean Air Act, the Texas Health & Safety Code, or other federal or
state environmental laws, rules or regulations, to the same extent
and to the same intent and effect as if all Land covered by this
Agreement were not subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended),
the appraised value for tax purposes of the annexed portion of
Land, improvements, and tangible personal property shall be
determined by the Harris County Appraisal Distr.ict. The parties
hereto recognize that said Appraisal District has no authority to
appraise the Land, improvements, and tangible personal property in
the unannexed area for the purpose of computing the "in lieu"
2
payments hereunder. Therefore, the parties agree that the
appraisal of the Land, improvements, and tangible personal
property in the unannexed area shall be conducted by City, at
City's expense, by an independent appraiser of City's selection.
The parties recognize that in making such appraisal for "in lieu"
payment purposes, such appraiser must of necessity appraise the
entire (annexed and unannexed) Land, improvements, and tangible
personal property.
Nothing herein contained shall ever be interpreted as lessening
the authority of the Harris County Appraisal District to establish
the appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. The properties upon which the 11 in lieu of" taxes are assessed
are more fully described in subsections I, 2, and 3 of subsection
C, of this Paragraph III (sometimes collectively called the
"Property") ; provided, however, pollution control equipment
installed on the Land which is exempt from ad valorem taxation
pursuant to the provisions of Sec. 11.31 of the Texas Property Tax
Code is exempt from ad valorem taxation and II in lieu of taxes II
hereunder. Property included in this Agreement shall not be
entitled to an agricultural use exemption for purposes of
computing "in lieu of taxes" hereunder.
B. On or before the later of December 31, 2008, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2019, Company
shall pay to Ci ty an amount of "in lieu of taxes II on Company 1 s
Property as of January 1st of the current calendar year ("Value
Year") .
C. Company and City agree that the following percentages
("Percentage Amount") shall apply during each of the Value Years:
Value Year 2008: 62%-
Value Year 2009: 62%-
Value Year 2010: 62%-
Value Year 2011: 62%-
Value Year 2012: 62%-
Value Year 2013: 62%-
Value Year 2014: 63%-
Value Year 2015: 63%-
Value Year 2016: 63%-
Value Year 2017: 63%-
Value Year 2018: 63%-
Value Year 2019: 63%-
Company agrees to pay to City an amount of "in lieu of
taxes" on Company's land, improvements and tangible
personal property in the unannexed area equal to the sum
of:
3
~ ~
1. Percentage Amount of the amount of ad valorem taxes
which would be payable to City if all of the Company's
Land and improvements which existed on January I} 2008,
and each January 1 thereafter of the applicable Value
Year during the term of this Agreement, (excluding
amounts which would be so payable with respect to any
Substantial Increase in value of such Land and
improvements to which subparagraph 2, below applies),
had been within the corporate limits of City and
appraised each year by City'S independent appraiser, in
accordance with the applicable provisions of the Texas
Property Tax Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2007, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation),
for each Value Years following completion of
construction in progress, an amount equal to
Twenty-five percent (25%), if construction is
completed in Value years 2008 through 2013; and
Twenty percent (20%), if construction is completed
in Value years 2014 through 2019, of the amount of
ad valorem taxes which would be payable to City if
all of said new construction had been within the
corporate limits of City and appraised by City r s
. independent appraiser, in accordance with the
applicable provisions of the Texas Property Tax
Code.
In the case of new construction which is completed
in Value Year 2016 or later, and provided,
further, that City and Company enter into an
Industrial District Agreement after the expiration
of this Industrial District Agreement, then, and
in such events, such new construction shall be
entitled to additional Value Years under the new
Agreement at a Twenty percent (20%) valuation
under this subparagraph {a), for a total of six
(6) Value Years, but not extending beyond Value
Year 2022.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2007i or
ii. a cumulative value of at least $3,500,000.00.
4
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January It 2007,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2007, valuei and
3. Percentage Amount of the amount of ad valorem taxes
which would be payable to City on all of the Company's
tangible personal property of every description,
located in an industrial district of City, including t
without limitation, inventory, (including inventory in
a federal Foreign Trade Zone and including Freeport
exempted inventory), oil, gas t and mineral interests,
items of leased equipment, railroads t pipelines, and
products in storage located on the Landt if all of said
tangible personal property which existed on January 1,
2008, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement,
(excluding amounts which would be so payable with
respect to any Substantial Increase in value of such
tangible personal property to which subparagraph 2t
above applies), had been within the corporate limits of
City and appraised each year by the City's independent
appraiser, in accordance with the applicable provisions
of the Texas Property Tax Code.
wi th the sum of 1, 2 and 3 reduced by the amount of City's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
4 . Notwi thstanding the above, should City elect to grant
the freeport inventory exemption authorized by Article
VIII, Section 1-j of the Texas Constitution and Section
11.251 of the Texas Property Tax Code to taxpayers
within the City limitst then the freeport inventory
exemption shall apply to parties to this Agreement.
Further, should inventory or any other class or type of
property become exempt from taxation by constitutional
amendment or act of the Texas Legislature (including,
but not limited to, Article VIII, Section 1-n, of the
Texas Constitution and Section 11.253 of the Texas
Property Tax Code), such class or type of property
shall be exempt for purposes of this Agreement, unless
the City Council of the City of La Porte shall by
Ordinance provide for the continued taxation of such
property under the authority of any applicable
provisions of the Texas Constitution and Texas
Statutes.
5
S. City and Company acknowledge circumstances might
require the City to provide emergency services to
Company's Property described on Exhibit "A" attached
hereto. Emergency services are limited to fire,
policel and public works emergency services. If
Company is not a. member of Channel Industries Mutual
Aid Association (CIMA) 1 Company agrees to reimburse
City for its costs arising out of any emergency
response requested by Company to Company's property 1
and to which City agrees to respond. If Company is a
member of CIMA, the obligations of Company and City
shall be governed by the CIMA agreement, to which
agreement City is a party.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2008, and continuing thereafter until December 31,
2019, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event
this Agreement is not so extended for an additional period or
periods of time on or before August 31, 2019, the agreement of
City not to annex property of Company within the District shall
terminate. In that event, City shall have the right to commence
immediate annexation proceedings as to all of Companyls property
covered by this Agreement, notwithstanding any of the terms and
provisions of this Agreement.
Company agrees that if the Texas Municipal Act, Section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of
the State of Texas which imposes greater restrictions on the right
of City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation
of such land, Company will waive the right to require City to
comply with any such additional restrictions or obligations and
the rights of the parties shall be then determined in accordance
with the provisions of said Texas Municipal Annexation Act as the
same existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris
County Appraisal District for any year or years during the terms
hereof, nothing in this Agreement shall preclude such protest and
6
Company shall have the right to take all legal steps desired by it
to reduce the same.
Notwithstanding such protest by Company I and except as otherwise
provided in Article VI (B) I Company agrees to pay to City on or
before the date therefore hereinabove provided I at least the total
of (a) the total amount of ad valorem taxes on the annexed
portions I plus (b) the total amount of the "in lieu of taxes" on
the unannexed portions of Company's hereinabove described property
which would be due to City in accordance with the foregoing
provisions of this Agreement on the basis of renditions which
shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determinedl either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy I then within thirty (30) days thereafter
Company shall make payment to City of any additional payment due
hereunder I or City shall make payment to. Company of any refund
duel as the case may bel based on such final valuationl together
with applicable penalties, interests I and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II
above (which shall be given in writing to Company} I Company shalll
within twenty (20) calendar days of receiving. City/s invoicel give
wri tten notice to the City of such disagreement. In the event
Company does not gi vesuch written notice of disagreement within
such time period I the appraisal made by said independent appraiser
shall be final and controlling for purposes of the determination
of l1in lieu of taxes" payments to be made under this Agreement.
Should Company give such notice of disagreement I Company shall
also submit to the City with such notice a written statement
setting forth what Company believes to be the market value of
Company's hereinabove described property. Both parties agree to
thereupon enter into go,?d faith negotiations in an attempt to
reach an agreement as to the market value of Company's property
for "in lieu" purposes hereunder. If I after the expiration of
thirty (30) days from the date the notice of disagreement was
recei ved by City I the parties have not reached agreement as to
such market valuer the parties agree to submit the dispute to
final arbitration as provided in subparagraph 1 of this Article
VI (B) .
Notwithstanding any such disagreement by Company I Company agrees
to pay to City on or before December 31 of each year during the
term hereof I at least the total of (a) the ad valorem taxes on the
annexed portions I plus (b) the total amount of the 11 in lieu"
payments which would be due hereunder on the basis of Company IS
wri t ten valuations statement submi tted to City by Company
hereunder I or the total assessment and lIin lieu of taxes" thereon
for the last preceding yearl whichever is higher.
7
~-
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a
written request that the Chief Judge of the U.S.
District Court for the Southern District of Texas
appoint the third arbitrator who, (as the "Impartial
Arbitrator") shall preside over the arbitration
proceeding. The sole issue to be determined in the
arbitration shall be resolution of the difference
between the parties as to the fair market value of
Company 1 s property for calculation of the "in lieu"
payment and total payment hereunder for the year in
question. The Board shall hear and consider all
relevant and material evidence on that issue including
expert opinion, and shall render its written decision
as promptly as practicable. That decision shall then
be final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall
bear its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu
of taxes Tl payments hereunder, which shall accrue penalty and
interest in like manner as delinquent taxes J and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes.
VI I I.
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the
property belonging to it within the territory hereinabove
described, and the agreements herein contained shall be held to be
covenants running with the land owned by Company situated within
said territory, for so long as this Agreement or any extension
thereof remains in force. Company shall give City written notice
within ninety (90) days, with full particulars as to property
assigned and identity of assignee, of any disposition of the Land,
and assignment of this Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
8
"",...-
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
Without such agreement neither party hereto would enter into this
Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent
of and separable from the remainder of this Agreement and the
validity of the remaining parts of this Agreement shall not be
affected thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
XII.
Notices by a party to the other party hereto, shall be mailed or
delivered as follows:
To the City of La Porte: City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
To Company: A\r L\Q~-~\ct~\oS~~ \Y\d.US1r\e~ U,S\ lP
~ . (COMPANY)
Attention: -(~ .~A)( Department
1
Company shall promptly notify City of any change of ownership of
Property, any assignment of this Agreement, and of any change of
billing address.
Company shall notify City annually, on or before June 1, of any
changes to the following information:
9
Plant Manager
Name:
Address:
Phone:
Fax:
Email:
Tax Agent/Billing Contact
Name:
Address:
Phone:
Fax:
Email:
ENTERED INTO effective the 1st day of January, 2008.
By:
Name:
Title:
Address: L:;:I- C> D ?oB'r OA"C. 'BLVD ~ I ~
~~~ ,-nc -JI~
~ IN.Dl.J5T"e . U.S. LP
(COMPANY)
APP~tVdJ
Knox W. Askins
City Attorney
City of La Porte
By:
Jb
l::tlt' ,
Yttitl A.L/;/
City Secretary
P.O. Box 1218
La Porte, TX 77572-1218
281.471.1886
281.471.2047 fax
knoxaskins@comcast.net
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, TX 77571
10
STATE OF TEXAS
~: ~~\\~~r~:~~
1 ~~~~.. ..!~ ~
~ tlt;( .tJ
'\011';. /..
1; ~;:/';O;\l$
:; ~/"un"\:
CHRISTY MCQUEEN
Notary Public, State of Texas
My Commission Expires
May 16, 2009
STATE OF TEXAS
COUNTY OF HARRIS
~ This instrument was acknowledged before me on the~. ~ of
J..f~ 20~.lL, by Barry Beasley, Mayor of the C2ty of La
orte, municipal corporation, on behalf of saHt... entity.
.."......, YVONNE GARRISON
~~'ljj(' r~
~*i i"~ MY COMMISSION EXPlRES
~!'J<. .'~~ 8 2013
~I-!~f"~f:,~~t,,.. October 2 ,
11
"EXHIBIT A"
(Metes and Bounds Description of Land)
12
METES AND BOUNDS DESCRIPTION
AIR L1QUIDE LARGE INDUSTRIES, U.S.
61.90312 ACRE TRACT
HARRIS COUNTY, TEXAS
Being a metes and bounds description of a tract of land situated in the Richard Pearsall 1/3
League, Abstract No. 625, said tract being out of a residual 154.145 acre tract, said residual
154.145 acre tract being described by deed recorded in Film Code No. 157-29-0284 of the deed
records of Harris County, Texas, said tract of land being more particularly described as follows:
BEGINNING at a 5/8" iron rod found marking the northeast corner of said residual 154.15 acre
tract, said point being on the south right-of-way line of Fairmont Parkway (250-foot right-of-way),
said point also being the northwest corner of a 75 acre tract as described in Film Code No. 191-
07-2341 of the deed records of Harris County, Texas, said point being the northeast corner of
herein described 61.90312 acre tract;
Thence S 01000'45" E, a distance of 2,168.93 feet to a 2" iron pipe found marking the southeast
corner of said 61.90312 acre tract, said point being the southwest corner of said 75 acre tract,
said point being on the north line of a 10.319 acre tract described in Volume 7146, Page 375 of
the Deed Records of Harris County, Texas;
Thence S 8r25'15" E, along said north line of said 10.319 acre tract, a distance of 1,599.47 feet
to a copperweld rod found marking the southwest corner of said 61.90312 acre tract, said point
being on the east line of ExxonMobil Pipeline Corridor "520";
Thence N 00046'11" W, along the east line of said ExxonMobil Pipeline Corridor "520", a distance
of 1,233.55 feet to a 5/8" iron rod with cap found marking the northwest corner of said 61.90312
acre tract;
Thence N 89016'51" E, a distance of 178.69 feet to a 5/8" iron rod with cap found marking an
interior corner of said 61.90312 acre tract;
Thence N 00036'37" W, a distance of 228.53 feet to a 5/8" iron rod with cap found marking a
northwesterly corner of said 61.90312 acre tract;
Thence N 89017'07" E, a distance of 813.29 feet to a 5/8" iron rod with cap found marking an
interior corner of said 61.90312 acre tract;
Thence N 00046'11" W, a distance of 733.81 feet to a 5/8" iron rod with cap found marking a
northerly corner of said 61.90312 acre tract, said point on the south right-of-way line of said
Fairmont Parkway;
Thence N 86052'45" E, along said south right-of-way of Fairmont Parkway, a distance of 596.48
feet to the POINT OF BEGINNING.
The above described tract of land containing 2,696,499 square feet or 61.90312 acres.
November 17, 2009
Page 1 of 1
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10.3\9 ACRE TRACT, TRACT 3
VOLUME 7146, PAGE 375
DEED RECORDS, HARRIS COUNTY, TEXAS
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METES AND BOUNDS DESCRIPTION
0.2579 ACRES OF LAND IN THE
RICHARD PEARSALL SURVEY, ABSTRACT No. 625
IN HARRIS COUNTY, TEXAS
(10' PEDESTRIAN/BIKE EASEMENT - AIR UQUIDE)
BEING 0.2579 acres of land situated in the Richard Pearsall Survey, Abstract No. 625 in
Harris County, Texas; being a part of those certain tracts of land designated as Parcel 1
and Parcel 2 in the deed to Air Liquide recorded in Harris County Clerks File No.
V614285, Official Public Records of Real Property of Harris County, Texas, said 0.2579
acre tract of land is described by metes and bounds as follows:
COMMENCING at a 1-1/4 inch copperweld rod for the Northwest corner of said Parcel 2
and the Northeast corner of that certain 61.18 acre tract designated as tract 11 and
Bayport Pipeline Corridor "520" and described in the deed to Exxon Pipeline Company
recorded in Harris County Clerks File No. R930135, Official Public Records of Real
Property of Harris County, Texas, said rod is located on the South right-of-way line of
Fairmont Parkway (250 feet wide); THENCE, North 86 degrees 52 minutes 52 seconds
East along the South right-of-way line of Fairmont Parkway and the North line of said
Parcel 2, 461.91 feet to the POINT OF BEGINNING of this tract herein described;
THENCE, North 86 degrees 52 minutes 52 seconds East, alDng the South line of
Fairmont Parkway and the North line of said Parcel 2, 26.13 feet;
THENCE, South 70 degrees 37 minutes 08 seconds East, 95.56 feet to a point at the
beginning of a tangent curve to the left whose radius is 30.00 feet;
THENCE, in an Easterly direction along said curve through a central angle of 22 degrees
30 minutes 00 seconds, 11.78 feet;
THENCE, North 86 degrees 52 minutes 52 seconds East, passing at 5.12 feet the
common line between said Parcel 1 and said Parcel 2, continuing in all, a total distance
of 1,002.10 feet to a point on the East line of said Parcel 1 which is the West line of
Restricted Reserve "C" Block 2, Bayport 2003 Partial Replat, a subdivision recorded in
Harris County Film Code No. 624045, Map Records of Harris County, Texas, from said
point a 5/8 inch "RWF" plastic capped iron rod for the Northeast corner of said Parcel 1
and the Northwest corner of said Reserve "C" on the South line of said Fairmont
Parkway bears North 01 degrees 00 minutes 26 seconds West, 38.88 feet; ,
THENCE, South 01 degrees 00 minutes 26 seconds East along the East line of said
Parcel 1 and the 'v"vest line of said Reserve "C", 1 0.01 feet to a point from 'Nhich a 2 inch
aluminum rod for the Southeast corner of said Parcel 1 bears South 01 degrees 00
minutes 26 seconds East, 2,119.66 feet;
THENCE, South 86 degrees 52 minutes 52 seconds West, passing at 997.02 feet the
common line between said Parcel 1 and said Parcel 2, continuing in all, a total distance
of 1,001.73 feet to a point at the beginning of a tangent curve to the right whose radius is
40.00 feet;
Page 1 of 3
K:\proj\surv~y\02116801 \Easements\doc\M&B ESMT TRS 15-16 REV2.doc
THENCE, in a Westerly direction along said curve through a central angle of 22 degrees
30 minutes 00 seconds, 15.71 feet;
THENCE, North 70 degrees 37 minutes 08 seconds West, 119.71 feet to the POINT OF
BEGINNING and containing 0.2579 acres of land.
Bearings are based on the Texas State Plane Coordinate System, South Central Zone
(No. 4204) North American Datum of 1983 (NAD 83) CORS adjustment based from
satellite observations.
This description was prepared in conjunction with surveys made on the ground in
December 2008 and January 2009.
Revised July 1, 2009
p 7- t? / # P :3'-
Steven E. Williams, R.P.L.S.
Texas Registration No. 4819
Page 2 of 3
K:\proj\survey\02116801 \Easements\doc\M&B ESMT TRS 15-16 REV2.doc
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"EXHIBIT B"
Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
13
ORDINANCE NO. 2007 -IDA-118
3211
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH AIR L1QUIDE AMERICA SPECIALTY GASES,
LLC, A DELAWARE LIMITED LIABILITY CORPORATION FOR THE TERM COMMENCING
JANUARY 1, 2008, AND ENDING DECEMBER 31,2019, MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEROF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Air Liquide America Specialty Gases, a Delaware Limited Partnership has
executed an industrial district agreement with the City of La Porte, for the term commencing
January 1, 2008, and ending December 31, 2019, a copy of which is attached hereto,
incorporated by reference herein, and made a part hereof for all purposes.
Section 2. The Mayor, the Assistant City Manager, the City Secretary, and the City
attorney of the City of La Porte, be and they are hereby, authorized and empowered to execute
and deliver on behalf of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the city for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
1
PASSED and APPROVED, this 25th day of January 2010.
or
ATTEST:
Lf!l.~<t#///
artha Gillett, City Secretary
APP~ 'l. _ ~
Ch~skins, Assistant City A~
2
NO. 2007 -IDA- 1/ B
STATE OF TEXAS
COUNTY OF HARRIS
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and
OF LA PORTE, TEXAS, a municipal cor
Texas, hereinafter called TleITY", and.
, a -Oglo UXt re.-, LLC..
called II COMPANY" ,
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the Ci ty of La Porte, Texas, to adopt such reasonable measures
from time to time as are permitted by law and which will tend to
enhance the economic stability and growth of the City and its
environs by attracting the location of new and the expansion of
existing industries therein, and such policy is hereby reaffirmed
and adopted by this City Council as being in the best interest of
the City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the I1Battleground Industrial
District of La Porter Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas 11 ,
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte / said land being
legally described on the attached Exhibit IIATl (hereinafter
I1Landl1); and said Land being more particularly shown on a plat
attached as Exhibit "B", which plat describes the ownership
boundary linesj a site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the Land
previously annexed by the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth
of industrial plants wi thin said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
FINAL DRAFT: November 1, 2007
1
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of Ci ty referred to above, City and Company hereby
agree with each other as follows:
I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed
pursuant to the terms of this Agreement. Subject to the foregoing
and to the later provisions of this Agreement, City does further
covenant, agree and guarantee that such industrial district, to
the extent that it covers said Land lying within said District and
not now within the corporate limits of City, shall be immune from
annexation by City duri~g the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of
land, (b) prescribing any building, electrical, plumbing or
inspection code or codes,. or (c) attempting to exercise in any
manner whatever control over the conduct of business thereon;
provided, however, any portion of Land constituting a strip of
land 100' wide and contiguous to either Fairmont Parkway, State
Highway 225, or State Highway 146, shall be subject to the rules
and regulations attached. hereto as Exhibit "C" and made a part
hereof; and provided, however, it is agreed that City shall have
the right to institute or intervene in any administrative and/or
judicial proceeding authorized by the Texas Water Code, the Texas
Clean Air Act, the Texas Health & Safety Code, or other federal or
state environmental laws, rules or regulations, to the same extent
and to the same intent and effect as if all Land covered by this
Agreement were not subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended),
the appraised value for tax purposes of the annexed portion of
Land, improvements, and tangible personal property shall be
determined by the Harris County Appraisal District. The parties
hereto recognize that said Appraisal District has no authority to
appraise the Land, improvements, and tangible personal property in
the unannexed area for the purpose of computing the II in lieu"
2
payments hereunder. Therefore, the parties agree that the
appraisal of the Land, improvements, and tangible personal
property in the unannexed area shall be conducted by City, at
City's expense, by an independent appraiser of City's selection.
The parties recognize that in making such appraisal for "in lieu"
payment purposes, such appraiser must of necessity appraise the
entire (annexed and unannexed) Landi improvements, and tangible
personal property.
Nothing herein contained shall ever be interpreted as lessening
the authority of the Harris County Appraisal District to establish
the appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. The properties upon which "the "in lieu of" taxes are assessed
are more fully described in subsections I, 2, and 3 of subsection
C, of this Paragraph III (sometimes collectively called the
"Property"); provided, however, pollution control equipment
installed on the Land which is exempt from ad valorem taxation
pursuant to the provisions of Sec. 11.31 of the Texas Property Tax
Code is exempt from ad valorem taxation and "in lieu of taxes"
hereunder. Property included in this Agreement shall not be
entitled to an agricultural use exemption for purposes of
computing "in lieu of taxes" hereunder.
B. On or before the later of December 311 2008, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 20191 Company
shall pay to City an amount of "in lieu of taxes II on Company IS
Property as of January 1st of the current calendar year ("Value
Year") .
C. Company and City agree that the following percentages
("Percentage Amount") shall apply during each of the Value Years:
Value Year 2008: 62%
Value Year 2009: 62%
Value Year 2010: 62%
Value Year 2011: 62%
Value Year 2012: 62%
Value Year 2013: 62%
Value Year 2014: 63%
Value Year 2015: 63%
Value Year 2016: 63%
Value Year 2017: 63%
Value Year 2018: 63%
Value Year 2019: 63%
Company
taxes"
personal
of:
agrees to pay to City an amount of "in lieu of
on Company's land, improvements and tangible
property in the unannexed area equal to the sum
3
1. Percentage Amount of the amount of ad valorem taxes
which would be payable to City if all of the Company's
Land and improvements which existed on January I, 2008,
and each January 1 thereafter of the applicable Value
Year during the term of this Agreement, (excluding
amounts which would be so payable with respect to any
Substantial Increase in value of such Land and
improvements to which subparagraph 2, below applies),
had been within the corporate limits of City and
appraised each year by City's independent appraiser, in
accordance with the applicable provisions of the Texas
Property Tax Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2007, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation),
for each Value Years following completion of
construction in progress, an amount equal to
Twenty-five percent (25%), if construction is
completed in Value years 2008 through 2013; and
Twenty percent (20%), if construction is completed
in Value years 2014 through 2019, of the amount of
ad valorem taxes which would be payable to City if
all of said new construction had been within the
corporate limits of City and appraised by City's
independent appraiser, in accordance with the
applicable provisions of the Texas Property Tax
Code.
In the case of new construction which is completed
in Value Year 2016 or later, and provided,
further, that City and Company enter into an
Industrial District Agreement after the expiration
of this Industrial District Agreement, then, and
in such events, such new construction shall be
entitled to additional Value Years under the new
Agreement at a Twenty percent (20%) valuation
under this subparagraph (a), for a total of six
(6) Value Years, but not extending beyond Value
Year 2022.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January I, 2007; or
ii. a cumulative value of at least $3,500,000.00.
4
""-
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have deprecia.ted below
the Property value established on January 11 2007,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
11 2007, value; and
3. Percentage Amount of the amount of ad valorem taxes
which would be payable to City on all of the Company's
tangible personal property of every description,
located in an industrial district of City, including I
without limitation, inventory, (including inventory in
a federal Foreign Trade Zone and including Freeport
exempted inventory), oil, gas, and mineral interests,
items of leased equipment, railroads, pipelines, and
products in storage located on the Land, if all of said
tangible personal property which existed on January I,
2008, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement,
(excluding amounts which would be so payable with
respect to any Substantial Increase in value of such
tangible personal property to which subparagraph 2,
above applies), had been within the corporate limits of
Ci ty and appraised each year by the City I S independent
appraiser, in accordance with the applicable provisions
of the Texas Property Tax Code.
wi th the sum of I, 2 and 3 reduced by the amount of City 1 S ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
4 . Notwi thstanding the above, should City elect to grant
the freeport inventory exemption authorized by Article
VIII, Section 1-j of the Texas Constitution and Section
11.251 of the Texas Property Tax Code to taxpayers
within the City limitsl then the freeport inventory
exemption shall apply to parties to this Agreement.
Further, should inventory or any other class or type of
property become exempt from taxation by constitutional
amendment or act of the Texas Legislature (including,
but not limited to, Article VIII, Section 1-n, of the
Texas Constitution and Section 11.253 of the Texas
Property Tax Code), such class or type of property
shall be exempt for purposes of this Agreement, unless
the City Council of the City of La Porte shall by
Ordinance provide for the continued taxation of such
property under the" authority of any applicable
provisions of the Texas Constitution and Texas
Statutes.
5
5. City and Company acknowledge circumstances might
require the City to provide emergency services to
Company's Property described on Exhibit "A" attached
hereto. Emergency services are limited to fire,
police, and public works emergency services. If
Company is not a member of Channel Industries Mutual
Aid Association (ClMA) , Company agrees to reimburse
City for its costs arising out of any emergency
response requested by Company to Company I s property,
and to which City agrees to respond. If Company is a
member of ClMA, the obligations of Company and City
shall be governed by the ClMA agreement, to which
agreement City is a party.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2008, and continuing thereafter until December 31,
2019, unless extended for an additional period or periods of time
upon mutual consent of. Company and City as provided by the
Municipal Annexation Act i provided, however, that in the event
this Agreement is not so extended for an additional period or
periods of time on or before August 31, 2019, the agreement of
City not to annex property of Company within the District shall
terminate. In that event, City shall have the right to commence
immediate annexation proceedings as to all of Companyls property
covered by this Agreement I notwithstanding any of the terms and
provisions of this Agreement.
Company agrees that if the Texas Municipal Act, Section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of
the State of Texas which imposes greater restrictions on the right
of City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation
of such land, Company will waive the right to require City to
comply with any such additional restrictions or obligations and
the rights of the parties shall be then determined in accordance
with the provisions of said Texas Municipal Annexation Act as the
same existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris
County Appraisal District for any year or years during the terms
hereof, nothing in this Agreement shall preclude such protest and
6
Company shall have the right to take all legal steps desired by it
to reduce the same.
Notwithstanding such protest by Company, and except as otherwise
provided in Article VI (B), Company agrees to pay to City on or
before the date therefore hereinabove provided, at least the total
of (a) the total amount of ad valorem taxes on the annexed
portions, plus (b) the total amount of the "in lieu of taxes" on
the unannexed portions of Company's hereinabove described property
which would be due to City in accordance with the foregoing
provisions of this Agreement on the basis of renditions which
shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter
Company shall make payment to City of any additional payment due
hereunder, or City shall make payment to Company of any refund
due, as the case may be, based on such final valuation, together
with applicable penalties, interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II
above (which shall be given in writing to Company), Company shall,
within twenty (20) calendar days of receiving City'S invoice, give
wri tten notice to the City of such disagreement. In the event
Company does not give such written notice of disagreement within
such time period, the appraisal made by said independent appraiser
shall be final and controlling for purposes of the determination
of !tin lieu of taxes" payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall
also submit to the City with such notice a written statement
setting forth what Company believes to be the market value of
Company's hereinabove described property. Both parties agree to
thereupon enter into good faith negotiations in an attempt to
reach an agreement as to the market value of Company's property
for !tin lieu" purposes hereunder. If, after the expiration of
thirty (30) days from the date the notice of disagreement was
received by City, the parties have not reached agreement as to
such market value, the parties agree to submit the dispute to
final arbitration as provided in subparagraph 1 of this Article
VI (B) . .
Notwi thstanding any such disagreement by Company, Company agrees
to pay to City on or before December 31 of each year during the
term hereof, at least the total of (a) the ad valorem taxes on the
annexed portions, plus (b) the total amount of the "in lieu"
payments which would be due hereunder on the basis of Company's
written valuations statement submitted to City by Company
hereunder, or the total assessment and "in lieu of taxes" thereon
for the last preceding year, whichever is higher.
7
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a
written request that the Chief Judge of the U.S.
District Court for the Southern District of Texas
appoint the third arbitrator who, (as the "Impartial
Arbitrator") shall preside over the arbitration
proceeding. The sole issue to be determined in the
arbitration shall be resolutio~ of the difference
between the parties as to the fair market value of
Company 1 s property for calculation of the " in lieu"
payment and total payment hereunder for the year in
question. The Board shall hear and consider all
relevant and material evidence on that issue including
expert opinion, and shall render its written decision
as promptly as practicable. That decision shall then
be final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall
bear its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu
of taxes II payments hereunder, which shall accrue penalty and
interest in like manner as delinquent taxes, and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the
property belonging to it within the territory hereinabove
described, and the agreements herein contained shall be held to be
covenants running with the land owned by Company situated within
said territory, for so long as this Agreement or any extension
thereof remains in force. Company shall give City written notice
within ninety (90) days, with full particulars as to property
assigned and identity of assignee, of any disposition of the Land,
and assignment of this Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
8
existing industrial district agreements after the effective date
hereof and while this Agreement is in effectr which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawfulr reasonable, appropriate,
and not unduly restrictive of Company's business activities.
Without such agreement neither party hereto would enter into this
Agreement. In the event anyone or more words, phrasesr clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firmr
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the applicationr invalidity or unconstitutionality of
such words, phrase, clauser sentence, paragraphr section, article
or other part of the Agreement shall be deemed to be independent
of and separable from the remainder of this Agreement and the
validi ty of the remaining parts. of this Agreement shall not be
affected thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
XII.
Notices by a party to the other party hereto, shall be mailed or
delivered as follows:
To the City of La Porte: City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
To Company: ,~( UC(t{1deJ AmeYlat8~Clal-R~[lClSeS lLG
\) (COMPAN )
Attention: iJ~~~~ y~JS~ Department
H{)ctSTm,l 'J)(i7DS.-fp- 9JVCj
Company shall promptly notify City of any change of ownership of
Property, any assignment of this Agreement, and of any change of
billing address.
Company shall notify City annually, on or before June 1, of any
changes to the following information:
9
Plant Manager
Name:
Address:
Phone:
Fax:
Email:
Tax Agent/Billing Contact
Name:
Address:
Phone:
Fax:
Email:
ENTERED INTO effectiv~ the 1st day of January, 2008.
ill r Li~(i aL~Ci("~tln:;e5LLG
<-- ~ (COMP Y)
By: ~.
Name:
Title: t)
Address:
ATTEST: '
~
City Secretary
A~~
Knox W. Askins
City Attorney
City of La Porte
By:
By:
P.O. Box 1218
La Porte, TX 77572-1218
281.471.1886
281.471.2047 fax
knoxaskins@comcast.net
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, TX 77571
10
STATE OF TEXAS
COUNTY OF HARRIS
~...,\.\~~V:'","
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:; . . e
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CHRISTY MCQUEEN
Notary Public. State of Texas
My Commission Expires
May 16, 2009
STATE OF TEXAS
COUNTY OF HARRIS
N
instrument
, 20tJL,
municipal
was acknowledged before me on the ~ of
by Barry Beasley, Mayor of the City of La
corporation, on behalf f said entity.
,
Texas
f~~'\f.~rit:-o YVONNE GARRISON
...*. ~...
\~... Ai MY COMMISSION EXPIRES
".:r..i>f.',~~~~ October 28, 2013
11
"EXHIBIT A"
(Metes and Bounds Description of Land)
12
..
Exhibit uN
The residual of a 154.145 acre tract as more fully described in Deed recorded at Film Code No.
157-29-0284;
LESS AND EXCEPT 17.204 acres:
Being a metes and bounds description of a tract of land situated in the Richard Pearsal/1/3 \i)
League, Abstract No. 625, said tract of being out of a residual 154.145 acre tract, said residual
154.145 acre tract being described by deed recorded in Film Code No. 157-29"()284 of the deed
records of Harris County, Texas, said tract of land being more particularty described as follows:
BEGINNING at a copperweldrod found marking the northwest corner of said residual 154.145
acre tract, said point being on the south right-of-way line of Fainoont Parkway (250 foot right-of-
way), said point also being on the east line of Exxon Mobil Pipeline Corridor .520., said point being
the northwest comer of herein describe 17.204 acre tract;
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Thence N 86052'46" E, along said south line of said Fainnont Parkway, a distance of 994.34 feet
to a 5/8". iron rod set with cap marking the northeast comer of said 17.204 acre tract;
Thence S 00046'11" E, a distance of 733.81 feet to a 518" iron rod set with cap marking the
southeast comer of said 17.204 acre tract;
Thence S 8901707" W, a distance of 813.29 feet to a 518" iron rod set with cap marking an interior
comer of said 17.204 aas tract; .
Thence S 00036'37' E, a distance of 228.53 feet to a 5/8" iron rod set with cap marXing a
southerly comer of said 17.204 acre tract;
Thence S 89016'51" W, a distance of 178.69 feet to a 518" iron rod set with cap marking the
southeast comer of said 17.204 acre tract, said point also being on the said east line of
ExxonMobil Pipeline Corridor .520";
Thence N 00046'11" W, along said east line of ExxonMobil Pipeline Corridor .520., a dislance of
920.60 feet to the POINT OF BEGINNING.
The above desaibed tract of land containing 749,413 square feet or 17.204 acres.
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METES AND BOUNDS DESCRIPTION
0.2579 ACRES OF LAND IN THE
RICHARD PEARSALL SURVEY, ABSTRACT No. 625
IN HARRIS COUNTY, TEXAS
(10' PEDESTRIAN/BIKE EASEMENT - AIR UQUIDE)
BEING 0.2579 acres of land situated in the Richard Pearsall Survey, Abstract No. 625 in
Harris County, Texas; being a part of those certain tracts of land designated as Parcel 1
and Parcel 2 in the deed to Air Liquide recorded in Harris County Clerks File No.
V614285, Official Public Records of Real Property of Harris County, Texas, said 0.2579
acre tract of land is described by metes and bounds as follows:
COMMENCING at a 1-1/4 inch copperweld rod for the Northwest corner of said Parcel 2
and the Northeast corner of that certain 61.18 acre tract designated as tract 11 and
Bayport Pipeline Corridor "520" and described in the deed to Exxon Pipeline Company
recorded in Harris County Clerks File No. R930135, Official Public Records of Real
Property of Harris County, Texas, said rod is located on the South right-of-way line of
Fairmont Parkway (250 feet wide); THENCE, North 86 degrees 52 minutes 52 seconds
East along the South right-of-way line of Fairmont Parkway and the North line of said
Parcel 2, 461.91 feet to the POINT OF BEGINNING of this tract herein described;
THENCE, North 86 degrees 52 minutes 52 seconds East, along the South line of
F airmont Parkway and the North line of said Parcel 2, 26.13 feet;
THENCE, South 70 degrees 37 minutes 08 seconds East, 95.56 feet to a point at the
beginning of a tangent curve to the left whose radius is 30.00 feet;
THENCE, in an Easterly direction along said curve through a central angle of 22 degrees
3Q minutes 00 seconds, 11.78 feet;
THENCE, North 86 degrees 52 minutes 52 seconds East, passing at 5.12 feet the
common line between said Parcel 1 and said Parcel 2, continuing in all, a total distance
of 1,002.10 feet to a point on the East line of said Parcel 1 which is the West line of
Restricted Reserve "C" Block 2, Bayport 2003 Partial Replat, a subdivision recorded in
Harris County Film Code No. 624045, Map Records of Harris County, Texas, from said
point a 5/8 inch "RWF" plastic capped iron rod for the Northeast corner of said Parcel 1
and the Northwest corner of said Reserve "C" on the South line of said Fairmont
Parkway bears North 01 degrees 00 minutes 26 seconds West, 38.88 feet;
THENCE, South 01 degrees 00 minutes 26 seconds East along the East line of said
Parcel 1 and the West line of said Reserve "C", 10.01 feet to a point from which a 2 inch
aluminum rod for the Southeast corner of said Parcel 1 bears South 01 degrees 00
minutes 26 seconds East, 2,119.66 feet;
THENCE, South 86 degrees 52 minutes 52 seconds West, passing at 997.02 feet the
common line between said Parcel 1 and said Parcel 2, continuing in all, a total distance
of 1,001.73 feet to a point at the beginning of a tangent curve to the right whose radius is
40.00 feet;
Page 1 of 3
K:\prOj\surv~y\02116801\Easements\doc\M&B ESMT TRS 15-16 REV2.doc
THENCE, in a Westerly direction along said curve through a central angle of 22 degrees
30 minutes 00 seconds, 15.71 feet;
THENCE, North 70 degrees 37 minutes 08 seconds West, 119.71 feet to the POINT OF
BEGINNING and containing 0.2579 acres of land.
Bearings are based on the Texas State Plane Coordinate System, South Central Zone
(No. 4204) North American Datum of 1983 (NAD 83) CaRS adjustment based from
satellite observations.
This description was prepared in conjunction with surveys made on the ground in
December 2008 and January 2009.
Revised July 1, 2009
p?t?/.P~'-
Steven E. Williams, R.P.L.S.
Texas Registration No. 4819
Page 2 of 3
K:\proj\survey\021168D1 \Easements\doc\M&B ESMT TRS 15-16 REV2.doc
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"EXHIBIT B"
Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
13
"EXHIBIT e"
Page 1 of 3
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100 I wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 146 shall be subject to the following rules and
regulations pertaining to new signage, screening, driveways and
median crossovers. These rules and regulations shall apply after
the effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibi t II A f1
which is adjacent to Fairmont Parkway, State Highway 225, or State
Highway 14 6 .
1. Any sign erected in said lOa' strip of land shall be subject
to the following provisions:
~ One freestanding ,identification sign shall be permitted
for each side of an industrial establishment that
fronts on an improved public right-of-way.
~ Freestanding identification signs for single tenant
buildings shall not,exceed 150 square feet in area.
~ One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-at-way.
~
Freestanding identification signs tor
businesses shall not exceed 350 square feet.
multiple
~ Freestanding identification signs shall not exceed 45
feet in height.
~ Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100 I strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, State Highway
225, or State Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
14
"EXHIBIT e"
Page 2 of 3
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8 I high. The berms
may be landscaped with a combination of trees, shrubs,
and ground cover. All berms and landscaping will be
maintained by the property owners.
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground
cover that after 5 years growth will be at least 20
feet in height and shall, together with shrubs and
ground cover, create a continuous visual screen.
Provided, however, in public utility easements or
rights-of -way, the vegetation shall be installed and
maintained in a manner which is acceptable to the
public utility company, and does not interfere with the
operation and maintenance of the public utility
facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of
the new development that is parallel to the roadway.
Screening shall not be required for new development that is
to the rear of or behind existing facilities.
In all cases the 50' strip, along the entire roadway
frontage, shall be dedicated as a landscape easement and
shall be kept free from any improvements except for approved
driveway access and identification signs.
For cases of new development or improvements where a 50 I
landscape easement is not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative.
d) In the case of land contiguous to Fairmont Parkway, in
addi tion to the other requirements of these Rules and
Regulations, Company shall dedicate to City by Plat a
ten foot (10 ,) wide pedestrian and bicycle easement,
extending along Company's Fairmont Parkway boundary,
within the fifty foot (50') landscape easement. The
pedestrian easement shall not be within any pipeline
facility, except for necessary crossings.
3. Driveways opening from said strip of land onto State Highway
225 or State Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is
more restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris County and provisions of the city I s Code of
Ordinances, whichever is more restrictive.
BEXHIBIT en
Page 3 of 3
4 . Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairrnont Parkway shall
be subject to the approval of both Harris County and City.
16
J
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: January 25. 2010
Budl!et
Requested By: Jeff Suggs
Source of Funds:
Department:
Emer~ency Mana~ement
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits: Interlocal Al!reement with Harris County (2010)
Budgeted Item: YES
NO
Exhibits Changes to Interlocal Agreement
SUMMARY & RECOMMENDATION
In 2004, the City entered into an Interlocal Agreement with Harris County for emergency disaster services.
(Ordinance No. 2004-2750) This agreement allows the City and County to better serve the public by sharing various
resources in times of disaster.
The County has proposed acceptance of an updated version of this agreement. The proposed agreement more
clearly defines the roles and responsibilities of each participating Party, explains how such requests for resources
will be carried out, and strengthens the protection of the City from liability when providing or requesting services
from a neighboring jurisdiction or agency. Exhibit C, Changes to Interlocal Agreement, demonstrates the
differences between the previous agreement and the newly proposed agreement. Additions to the previous
agreement are highlighted in gray. Any language that has been removed from the previous agreement contains a
strikethrough.
The agreement references the definition of a disaster as that term is defined in section 418.004 of the Texas
Government Code. Section 418.004 defines "disaster" as the occurrence or imminent threat of widespread or severe
damage, injury, or loss oflife or property resulting from any natural or man-made cause, including fire, flood,
earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air
contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, other public
calamity requiring emergency action, or energy emergency.
Action Reauired bv Council:
IA)o
Date
ORDINANCE NO. 2010 - ;5 2./2-
AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY I TO PROVIDE
EMERGENCY ASSISTANCE DURING DISASTER DECLARATION, MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the City Secretary. The Mayor is hereby authorized to execute
such document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this~~day of ~UL1(Jf ' 2010.
CITY OF LA PORTE
By: ~Jlf!
Mayor ~
ATTEST:
Lftl~Q.~
Martha A. Gillett
City Secretary
APPROVED:
~T~
. ~
Clark T. Askl.ns
Assistant City Attorney
2
INTERLOCAL AGREEMENT
THE STATE OF TEXAS
s
s
s
COUNTY OF HARRIS
THIS INTERLOCAL AGREEMENT (the "Agreement") is made and entered into by and
between the City of La Porte, Texas (the "City"), acting by and through its governing body, and
Harris County, Texas, acting by and through its governing body, Harris County Commissioners
Court. This Agreement is made pursuant to chapter 791 of the Texas Government Code (the
Interlocal Cooperation Act) and chapter 418 of the Texas Government Code (the Texas Disaster
Act of 1975) to the extent each applies to this Agreement.
RECIT ALS:
The Parties hereto recognize the vulnerability of the people, communities and schools
located within Harris County, Texas, to damage, injury, and loss of life and property resulting
from natural or man-made catastrophes, riots, or hostile military or paramilitary action, and other
emergencIes.
The full and effective utilization of the resources available to the City of La Porte, Texas,
and Harris County is necessary for the prompt and efficient rescue, care, and treatment of
persons victimized or threatened by disaster.
Chapter 791 of the Texas Government Code authorizes interlocal agreements between
local governmental entities such as the City of La Porte and Harris County. Chapter 791
authorizes such entities to contract for emergency assistance, section 791.27; governmental
functions and services, section 791.011, including police protection and detention services,
public health and welfare, planning, administrative functions, and other governmental functions
in which the contracting entities are mutually interested, section 791.003(3), such as those
provided in chapter 418 of the Texas Government Code.
Section 418.107(c) of the Texas Government Code provides that a political subdivision
may render aid to other subdivisions under mutual aid agreements.
Harris County and the City of La Porte, Texas, find that entering into an Interlocal
Agreement for mutual aid serves a public purpose of Harris County and of the City of La Porte.
The Parties hereto desire to enter into an agreement to provide mutual aid consistent with
the mutual aid and emergency assistance plans developed by their emergency management
agencies and approved by the governing bodies of the City of La Porte and Harris County.
NOW, THEREFORE, the City of La Porte, Texas, and Harris County, in consideration
of the mutual covenants and agreements herein contained, do mutually agree as follows:
C.A. File No. 09GEN
T E R M S:
I.
The City and Harris County shall each appoint an Emergency Management Coordinator to take
all steps necessary for the implementation of this Agreement.
II.
It shall be the duty of each Party to formulate emergency management plans and programs that
incorporate the use of available resources, including personnel, equipment, buildings, and
supplies necessary to provide mutual aid and emergency assistance. The plan, approved by the
governing body of each Party, shall be submitted to the Governor's Division of Emergency
Management.
This Agreement shall apply to the dispatch of emergency service responses by either or both
Parties in response to a disaster as that term is defmed in section 418.004 of the Texas
Government Code, and in response to actual and imminent incidents that endanger the health,
safety, or welfare of the public and require the use and of special equipment, trained personnel,
or personnel in larger number than are locally available in order to reduce, counteract, or remove
the danger caused by the incident. This Agreement includes the provision of materials, supplies,
equipment, and other forms of aid by and between the Parties including the staffing and
equipping of emergency operations, and participation by personnel in exercises, drills, or other
training activities designed to train and prepare for, cope with, respond to, or prevent the
occurrence of any disaster.
In carrying out emergency management plans and programs, the Parties shall, insofar as possible,
provide and follow uniform standards, practices and rules and regulations, including but not
limited to the following:
· Warnings and signals for exercises or disasters and the mechanical devices to be used
in connection therewith.
· Shutting off water mains, gas mains, and electric power connections, and the
suspension of all other utility services.
· Selection of all materials, equipment or buildings used or to be used for emergency
management purposes to assure that such materials and equipment will be easily and
freely interchangeable when used by either Party hereto.
· The conduct of civilians and the movement and cessation of movement of pedestrian
and vehicular traffic prior to, during, and subsequent to exercises or disasters.
· The safety of public meetings or gatherings.
It is acknowledged by both Parties that nothing in this Section or Agreement shall require or
indenture either Party to alter any policy or procedure, to change, add or discontinue any service
or service level, to purchase any item or equipment, or to otherwise encumber any expense.
As further set forth below, each Party shall coordinate the emergency responses within its scope
of responsibility under this Agreement.
2
Either Party, when requested to provide mutual aid or emergency assistance, may take such
action as is necessary to provide and make available the resources covered by this Agreement in
accordance with the terms hereof, provided however, the Party rendering aid (the "Responding
Party") to the Party receiving assistance (the "Requesting Party") may withhold resources to the
extent necessary to provide other necessary governmental functions for itself.
When a request for emergency assistance is received, law enforcement, fIre, emergency response
personnel, and other resources shall be subject to the command and control of their respective
agencies. However, the respective agencies shall coordinate their emergency responses and
resources through the emergency management authorities of the Requesting Party. Any request
for aid shall specify the amount and type of resources requested. However, the Responding
Party shall determine the specifIc resources furnished. The personnel and resources deployed by
the Responding Party shall report to the officer in charge of the incident and report through the
incident chain of command. The Responding Party shall be released by the Requesting Party
when the reserves of the Responding Party are no longer required or when the resources are
needed within the Responding Party's normal emergency service area.
Each request for mutual aid assistance shall be made through the Emergency Management Office
of the Requesting Party, after approval by the Requesting Party's chief executive or governing
body, to the Emergency Management Office of the Responding Party. The regional headquarters
of the Texas Department of Public Safety shall be notifIed immediately whenever mutual aid is
requested pursuant to this Agreement.
In the event of rapidly developing emergencies occurring near, but outside of the incorporated
area of the City but within the unincorporated area of Harris County, the City's emergency
response units may respond as they are able, without prior request of the County. The City's
emergency response units will establish control of the scene until arrival of Harris County
officials. Control will then be transferred to the County or to a Joint Command if such is
established, however, the City's resources will remain on the scene as needed. Should an event
occur inside the City and City emergency officials are not able to respond the County may
respond as they are able and establish control of the scene until such time the City is able to
accept the transfer of command. County resources will remain on scene as needed. Nothing in
this Agreement is intended to or shall be construed to enlarge or restrict any powers, rights, or
authority of the City or of the County.
III.
Nothing in this Agreement shall be construed as making either Party responsible for the payment
of compensation and/or any benefIts including health, property, motor vehicle, workers'
compensation, disability, death, and dismemberment insurance for the other Party's employees
and/or equipment. Nothing in this Agreement shall be construed as making the Requesting Party
responsible for wages, materials, logistical support, equipment, and related travel expenses
incurred by the Responding Party.
3
IV.
The mutual obligations herein shall constitute full compensation for all services, and neither
Party shall be entitled to any reimbursement for assistance hereunder. Neither Party shall have
any liability for failure to expend funds to provide aid hereunder. Each Party understands and
agrees that neither Party has certified funds under this Agreement, and neither Party shall have a
cause of action for money against the other Party under this Agreement irrespective of the nature
thereof. The sole remedy for failure to provide aid in accordance with this Agreement or for
breach of any provision of this Agreement is termination.
V.
Neither Party to this Agreement waives or relinquishes any immunity or defense on behalf of
itself, its officers, employees, agents, and volunteers as a result of its execution of this
Agreement and the performance of the covenants contained herein. Furthermore, neither the
terms of Section III and Section IV, nor any other provision in this Agreement, shall prohibit
either Party from seeking fmancial aid or in-kind reimbursement from any state or federal agency
or program.
Pursuant to section 421.062 of the Texas Government Code, the Responding Party is not
responsible for any civil liability that arises from any act or omission made within the course and
scope of its functions to provide a service under this Agreement that is related to a homeland
security activity. The Parties understand and agree that the Requesting Party does not assume
civil liability under any theory of law for the actions of the Responding Party in providing
services hereunder.
The condition of equipment provided hereunder is the sole responsibility of its owner. If the
equipment is damaged or destroyed, the fmancial responsibility is the owner's and may be
recovered through insurance acquired by the owner, or through any other resources available to
the owner. The Requesting Party is not responsible for damage to equipment or injury to any
person, or for the actions of the Responding Party.
VI.
This Agreement shall continue in force and remain binding on each Party until such time as the
governing body of either Harris County or the City terminates this Agreement. The Parties
mutually agree that the Party requesting termination shall notify the other Party, in accordance
with the notice provision contained in Section VII, at least 90 days prior to any action taken to
terminate this Agreement by either Harris County or the City.
VII.
Any notice required to be given under this Agreement shall be in writing and shall be duly
served when it is deposited, enclosed in a wrapper with the proper postage affixed and duly
certified, return-receipt requested, in a United States post office, addressed to Harris County or
the City at the following addresses.
4
To Harris County:
Harris County
Harris County Administration Building
1001 Preston, Suite 911
Houston, Texas 77002
Attention: Harris County Judge
With a copy to:
Harris Office of Homeland Security & Emergency Management
6922 Old Katy Road
Houston, Texas 77024
Attention: Emergency Management Coordinator
To the City:
City of La Porte, Texas
604 W. Fairmont Parkway
La Porte, Texas 77571
Attention: Office of the Mayor
City of La Porte, Emergency Management
3001 N. 23rd St.
La Porte, Texas 77571
Attention: Emergency Management Coordinator
Either Party may designate a different address by giving the other Party ten days' written notice.
VIII.
The Parties shall observe and comply with all applicable federal, Texas, and local laws, rules,
ordinances, and regulations affecting the conduct of services provided and the performance of
obligations undertaken by this Agreement. In case anyone or more provisions contained in this
Agreement is held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof, and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
IX.
The presiding officer of the governing body of each Party to this Agreement shall notify each
Office of Emergency Management of the manner in which the Party is providing or securing an
emergency management program, identify the person who heads the agency responsible for the
program, and furnish additional pertinent information as requested.
x.
5
IN WITNESS WHEREOF, this instrument has been executed on behalf of Harris County by a
duly authorized representative of Harris County, and on behalf of the City of La Porte, Texas, by
an authorized representative of the City of La Porte, Texas.
APPROVED AS TO FORM
VINCE RYAN
Harris County Attom~~;/ /
By: 4~'{~-
VA GAY
Assistant County,
HARRIS COUNTY
By: ell c ~ I
t:-JI ~ /-tnt-
ED EMMETT
County Judge
Date Signed: M.~.Y 11 2010
CITY OF LA PORTE, TEXAS
Attest! Seal:
By: _but{~
City Secretary
Date Signed: J I J..1/ 0
::unre~t. ~
City Controller ~
Date Signed: -1 ( d.-") / IlJ
Date Signed:
7
THE STATE OF TEXAS
~
~
COUNTY OF HARRIS
The Commissioners Court of Harris County, convened at a meeting of said Court at the
Harris Coun:t): Administration Building in the City of Houston, Texas, on the day of
t:1A y 11 2010 , "2tffi9; with the following members present, to-wit:
Ed Emmett
El 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: A.XJ,...K:..
quorum, when among other business, the following was transacted:
, constituting a
ORDER AUTHORIZING THE EXECUTION
OF AN INTERLOCAL AGREEMENT
WITH THE CITY OF LA PORTE FOR MUTUAL AID
Commissioner G q. qc I [>. introduced an Order and made a motion
that the same be adopted. Commissioner File. rt;-",O I 'E:... 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 lawfully adopted. The Order thus adopted follows:
R Eel TAL s:
Harris County and the City of La Porte, Texas, recognize the vulnerability of the people,
communities and schools located within Harris County, Texas, to damage, injury, and loss oflife
and property resulting from natural or man-made catastrophes, riots, or hostile military or
paramilitary action, and other emergencies.
Presented to Commissioner's Court
1
MAY 1 1 2010
APPROVE
Recorded Vol Page
The full and effective utilization of the resources available to the City of La Porte, Texas,
and Harris County is necessary for the prompt and efficient rescue, care, and treatment of
persons victimized or threatened by disaster.
Chapter 791 of the Texas Government Code authorizes interlocal agreements between
local governmental entities such as the City of La Porte and Harris County. Chapter 791
authorizes such entities to contract for emergency assistance, section 791.27; governmental
functions and services, section 791.011, including police protection and detention services,
public health and welfare, planning, administrative functions, and other governmental functions
in which the contracting entities are mutually interested, section 791.003(3), such as those
provided in chapter 418 of the Texas Government Code.
Section 418.1 07 (c) of the Texas Government Code provides that a political subdivision
may render aid to other subdivisions under mutual aid agreements.
Harris County and the City of La Porte, Texas, desire to enter into an agreement to
provide mutual aid consistent with the mutual aid and emergency assistance plans developed by
their emergency management agencies and approved by the governing bodies of the City of La
Porte and Harris County.
Harris County and the City of La Porte, Texas, find that entering into an Interlocal
Agreement for mutual aid serves a public purpose of Harris County and of the City of La Porte.
The Commissioners Court of Harris County desires to approve the County's entering into
an lnterlocal Agreement with the City of La Porte, Texas, based on the aforesaid representations.
NOW THEREFORE,
BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS
THAT:
Section 1:
The recitals set forth in this Order are true and correct.
Section 2:
The Agreement is approved and the County Judge of Harris County or his
designee is authorized to execute an lnterlocal Agreement with the City of
La Porte, Texas for mutual aid assistance. The Agreement is attached
hereto and made a part hereof for all purposes.
Section 3:
All Harris County officials and employees are authorized to do any and all
things necessary or convenient to accomplish the purpose of this Order.
2
This Agreement should be construed in a manner consistent with the Texas Disaster Act of 1975,
chapter 418 of the Texas Government Code, and the Texas Interlocal Cooperation Act, chapter
791 of the Texas Government Code, as they may hereafter be amended. As used in this
Agreement, the term "disaster" has the meaning given it in section 418.004 of the Texas
Government Code.
XI.
Mandatory and exclusive venue of any dispute between the Parties to this Agreement shall be in
Harris County, Texas.
XII.
This Agreement is not intended to be an exclusive agreement, and each Party may enter into
other similar agreements. Nothing in this Agreement shall be represented or construed to alter,
supplant, or replace any other Mutual Aid Interlocal Agreement in place for events or incidents
which do not rise to the defInition of Disaster as that term is defmed in section 418.004 of the
Texas Government Code.
6
it
e
ORDDWlCB 110. 200t- 3. t15D
U ORDDTDCB APPROVDTG .um A1JTJI0RJ:ZDTG AB DlTBRLOCAL AGRBBIIBJIT
BBTWBBJI THB cJ:n or LA PORTB .uti) HARRJ:S COUllTY rOR DJ:S,A$TBR
SBRVJ:CBS, JlU:DTG VUJ:Ol1SI'DmDTGS .um PROVJ:SJ:ORS RBLATmG TO TO
S'UBJBCT, I'DlDDTG COIIPLI:UTCB WJ:TB '1'HB OPDT DBTDTGS LAW, ARD
PROVJ:DmG D BI'I'BCT:IVB DATB DRBOI'.
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 Pro-Tem 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 requ~red' by law preceding .this meeting, as
required by the Open Meeting~ Law, Chapter 551, Texas Government
Code; and that this meeting ,has been open to the public as required
by law at all times during wh~ch this ordinance and the subject
matter thereof has been discus~sed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and t~e c9ntents and posting thereof.
Section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
e
e
PASSED AND APPROVED, this 28th day of June, 2004.
LA PORTE
ATTEST:
'1!1f1lJ~~ ,pf/t/-tZ/'
a ha A. G llett
City Secretary
2
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 28. 2004
Requested By: Jeff Suggs
A,ppro'priation
Source of Funds: N/A
Department: Emereenev Manaeement Coordinator
Account Number: N/A
Report:
Exhibits:
Resolution: X Ordinance:
Amount Budgeted: N/A
Harris County Interlocal Agreements
Amount Requested: NI ~
Exhibits:
Budgeted Item:
NO
Exhibits
SUMMARY & RECOMMENDATION
2 - Harris County Interloca1 Agreements regarding disaster services, a copy for the City to keep,
and a copy for Harris County.
This agreement will allow the City of La Porte to seek help from other municipalities within
Harris County in time of disaster and then provide the same service.
An example would be to request heavy equipment from an area in North Harris County to help
remove debris after a stonn. We would also provide aid to others after we have handled our own
jurisdiction.
This agreement is part of the process to request aid from FEMA after a disaster and although not
required a necessity. A municipality who does not agree to help other jurisdictions may find
themselves in jeopardy not to receive aid from the County, State and even FEMA after ~ disaster.
It is strongly recommended to sign these agreements so we will be eligible for disaster monies
and aid in tim~ of need.
Action Reoufred bv CouncD:
Consider approval or other action of an Interlocal Agreement with Harris County.
Approved for City CODneD Al!enda
~~~~elliu
to - J-cj -() t/-
Date
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INTERLOCAL AGREEMENT
THE STATE OF TEXAS ~
9
COUNTY OF HARRIS 9
THIS INTERLOCAL AGREEMENT (the "Agreement") is made and entered into
by and between Harris County (the "County''). a body corporate and politic under the
laws of the State. of Texas. acting by and through its governing body. the Harris County
Commissioners Court. and the City of La Porte, Texas (the "City"), a municipal
corporation of the State of Texas, .acting by and through its governing body. the City
Council. This Agreement is made pursuant to chapter 791 of the Texas Government
Code (the Interlocal Cooperation Act) and chapter 418 of the Texas Government Code
(the Texas Disaster Act of 1975). .
RECIT ALS:
The parties hereto recognize the vulnerability of the people and the communities
located within Harris County, Texas to damage, injury, and loss of life and property
resulting from natural or man-made catastrophes, riots. or hostile military.or paramilitary
action; and
The full and effective utilization of the resources available to the County and the
City is necessary for the prompt and efficient rescue, care, and treatment of persons
victimized or threatened by disaster; and
The parties hereto desire to enter into an agreement to provide mutual aid
assistance consistent with the mutual aid plans developed by the emergency management
council and approved by the governing bodies of the County and the City; .
NOW, THEREFORE, the County and the City. in consideration of the mutual
covenants and agreements herein contained, do mutually agree as follows:
TERM S:
1.
The County and the City shall each appoint an Emergency Management
Coordinator to take all steps necessary for the implementation of this Agreement.
n.
It shall be the duty of each party to formulate emergency management plans and
programs that incorporate the use of available resources. including personnel, equipment
and supplies necessary to provide mutual aid assistance. The approved plan shall be
submitted to the Governor's Division of Emergency Management.
e
.
In carrying out the emergency management plans and programs, the parties shall,
insofar as possible, provide and follow uniform standards, practices and rules and .
regulations, including but not limited to the following:
(a) Warnings and signals for exercises or disasters and the mechanical devices
to be used in connection therewith;
(b) Shutting off water mains, gas mains, electric power connections and the
suspension of all other utility services;
(c) Selection of all materials or equipment used or to be used for emergency
management purposes to assure that such materials and equipment will be
easily and freely interchangeable when used in or by either party hereto;
(d) The conduct of civilians and the movement and cessation of movement of
pedestrians and vehicular traffic, prior to, during and subsequent to exercises
or disasters; and
(e) The safety of public meetings or gatherings.
Each party is responsible for the coordination of all emergencies occurring within its
jurisdiction.
Either party, when requested to provide mutual aid assistance, shall take such
action as is necessary to provide and make available the resources covered by this
Agreement m accordance with the terms hereof, provided however, the entity rendering
aid may withhold resources to the extent necessary to provide other necessary
governmental functions. The City, while performing services enumerated herein, shall
have the same powers, duties, rights, privileges and immunities as if it were performing
said duties within its incorporated area. Emergency management forces will continue
under the command and control of their regular command structure, but the
organizational units will come under the operational cOntrol of the emergency
management authorities of the party receiving assistance.
Each request for mutual aid assistance shall be made through the Emergency
Management Office of the party requesting aid, after approval by the requesting party's
chief executive or governing body, to the Emergency Operating Center ("EDC") of the
other party, if mobilized, or the City's police chief or the County's sheriff. The regional
headquarters of the Texas Department of Public Safety shall be notified immediately
whenever mutual aid is requested pursuant to this Agreement.
In the event of rapidly developing emergencies occurring near, but outside of the
incorporated area of the City, but within the unincorporated area of Harris County, the
City's police and/or fire departments will respond as it is able, without the prior request
of the County. The City's emergency response units will establish control of the scene
until the arrival of Harris County officials. Control will then be transferred to the
County, however, the City's resources will remain on the scene as needed. In such event,
this Agreement shall be in effec.t.
OIGENI3Z9M POJrmOEllllLA/db
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Nothing in this Agreement shall .Qe construed as making either party responsible
Jor. the payment of compensation and/or any benefits. for the other party's employees.
N.
The mutual obligations herein shall constitute full compensation for all services,
and neither party shall be entitled to any reimbursement for assistance hereunder. Neither
party shall have any liability for failure to expend funds to provide aid hereunder. The
sole remedy for failure to provide aid in accordance with this Agreement is termination.
V.
. Neither party waives or relinquishes any immunity or defense on behalf of itself,
officers, employees and agents as a result of its execution of this Agreement and the
performance of the covenants contained herein.
VI.
This Agreement shall. continue in force and remain binding on each party until
such time as the governing body of either the City or the County terminates said
Agreement. It is mutually agreed that the party requesting termination shall notify the
other party, in accordance with the notice provision contained in Section VII, at least 90
days prior to any action taken by either City Council or Commissioners Court. .
VII.
Any notice required to be given under the provisions of this Agreement shall be in
writing and shall be duly served when it Shall have been deposited, enclosed in a wrapper
with the proper postage affixed and duly certified, return receipt requested, in a United
States post office, addressed to the City or the County at the following addresses.
To the City:
City of La Porte, Texas
604 West Fairmont Parkway
La Porte, Texas 77571
Attention: Office of the Mayor
To the County:
Harris County
Harris County Administration Building
1001 Preston Avenue, 9th Floor
Houston, Texas 77002
Attention: Office ~fthe County Judge
Either party may designate a different address by giving the other party ten days' written
notice.
OIGENI329/LA PORT!! OEM IIA/db
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Vill.
This Agreement and the ()blig~tions of the parties hereto are subject to all
applicable rules, regulations and laws' of the State of Texas.
,IN WITNESS WHEREOF, the County and the City have made and executed
. this Agreement in duplicate counterparts, each of which is an original.
APPROVED AS TO FORM:
HARRIS COUNTY
MICHAEL A. STAFFORD
County Attorney
By~1Jr- ~
NICHOLAS J. L YKO '
Assistant County Attorney
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ROBERT E' 18
County Judge
Date Signed: _I; J I
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CITY OF LA PORTE, TEXAS
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Date Signed: ({)1 f), ~I O~
Date Signed: '(p / fJ..!fjDtf
COUNTERSIGNED:
BY~l~~_
City Controller
Date Signed: (p-J ~ ~ 'D LJ
OIGENI32?/LA PORTE OEM ILA/db
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THE STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
The Commissioners Court of Harris County, convened at a meeting of said Court
at the Harris County Administration Building in the City .ofHouston, Texas, on the
day of' IfR 1 6 2002 . 2002, with the following members present, to-~t:
Robert Eckels County Judge
EI Franco Lee Commissioner.-Precinct No.1
JIML&....~ Fv......l"'......v Ct,(ftuli3.!1iv..........., P.r........fu.~t ITI. J_
Steve R adack Commissioner, Precinct No.3
Jerry Eversole Commissioner, Precinct No.4
and the following members absent, to-wit: ~'/. *,t.. ~ . constituting a
quorum, when alnong other business, the following was transacted:
ORDER AUTHORIZING THE EXECUTION OF AN lNTERLOCAL AGREEMENT
BETWEEN HARRIS COUNTY AND CITY OF LA PORTE, TEXAS
Commissioner ~~trodUl.'.ed an order and made a motion that
the same be adopted. Commissioner ....=:=~ seconded the motion for
adoption of the order. The motion, carrying with it the adoption of the order, prevailed
by the following vote: Vot#!J of the Court: Yes No Abstain
~ B 8
. .
Comm. Rsdack 0
Comm. E'IefSOle ~ 0 0
The County Judge thereupon announced that the motion had duly and lawfully
carried and that the order ~ been duly imd. lawfully adopted. The order thus adopted
follows: .
AYES:
NAYS:
ABSTENTIONS:
JudgeE~
Conim. Lee
R Eel TAL s:
Hanis County (the "County") and the City of La Porte, Texas (the "City")
recognize the vulnerability of the people and the communities located within Harris
County, Texas to damage, injury, and loss of life and property resulting from natural or
man..:made catastrophes, riots, or hostile military or paramilitary action; and
The full and effective utilization of the resources available to the COWlty and the
City is necessary for the prompt and efficient rescue, care, and treatment of persons
victimized or threatened by disaster; and.
Presented to Commissioner's CouIt
APR .1 6 2002
APPROVE
Recorded VoI_ Page
,
.......
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The County and the City desire to enter into an agreement to provide mutual aid
assistance consistent with the mutual aid plans developed by the emergency management council
and approved by the governing bodies of the County and the City; and
. The Commissioners Court of Harris County desires to approve the County's entering into
an Interlocal Agreement with the City based on the aforesaid representations. NOW
THEREFORE,
BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS
THAT:
Section 1:
The recitals set forth in this order are true and correct.
. Section 2: The Agreement is approved and the County Judge of Harris County or his
designee is authorized to execute an Interlocal Agreement with the City of La Porte, Texas to
provide mutual aid assistance. The Agreement is attached hereto and made a part hereof for all
pwposes.
6
EXHIBIT C
INTERLOCAL AGREEMENT
THE STATE OF TEXAS
s
s
s
COUNTY OF HARRIS
THIS INTERLOCAL AGREEMENT (the "Agreement") is made and entered into by and
between the City of La Porte, Texas (the "City"), acting by and through its governing body, and
Harris County, Texas, acting by and through its governing body, Harris County Commissioners
Court. This Agreement is made pursuant to chapter 791 of the Texas Government Code (the
Interlocal Cooperation Act) and chapter 418 of the Texas Government Code (the Texas Disaster
Act of 1975) to the extent each applies to this Agreement.
R E C I TAL S:
The Parties hereto recognize the vulnerability of the people, communities and schools
located within Harris County, Texas, to damage, injury, and loss of life and property resulting
from natural or man-made catastrophes, riots, or hostile military or paramilitary action, and other
emergencIes.
The full and effective utilization of the resources available to the City of La Porte, Texas,
and Harris County is necessary for the prompt and efficient rescue, care, and treatment of
persons victimized or threatened by disaster.
Chapter 791 of the Texas Government Co uthorizes interloc agreements between
local governmental entities suchas',therC' D:r "orte and 'ty. Chaptet;,]91
authorizes such enti' 'to contract "for7~~mergency assis , Ion 7; "goveminerital
functions and service 791.011, including police tectipn ij;l tehtion services,
public health ij;ld welfar , inistrative fupctions, and ot~er gp;ve~ental functions
in which the : contracting entI les , ,ly intere~t~d, section' 791.0:03(3), such, aI), those
provided in chapter 418 of the Texas overmrient Code.
Se,ction 418.1 07( c);,pf the Texas Government Code provides that; a political subdivision
may render aid to other subdivision$ under mutual aid agreements.
;~r'f.H,~S County and the City of La Porte, Texas; find that en~ering into ,an Interlocal
Agreement for mutual aid serves ~ public pmpose of Harris County and ofthe City of La Porte.
C.A. File No. 09GEN
The Parties hereto desire to enter into an agreement to provide mutual aid consistent with
the mutual aid and emergency assistance plans developed by their emergency management
agencies and approved by the governing bodies ofthe City of La Porte and Harris County.
NOW, THEREFORE, the City of La Porte, Texas, and Harris County, in consideration
of the mutual covenants and agreements herein contained, do mutually agree as follows:
T E R M S:
1.
The City and Harris County shall each appoint an Emergency Management Coordinator to take
all steps necessary for the implementation of this Agreement.
II.
lt shall be the duty of each Party to formulate emergency management plans and pro&~~~s that
incorporate the use of available resources, i~cl~~i~~...J?ersonnel, equipment, buildjijgs, and
supplies necessary to provide mutual aid and emergen,CY assistaI'lce. The plan, approved by the
governing body of each Party, shall be submitted to the Governor's Division of Emergency
Management.
This Agreement shall. apply to the dispatch of emergency service responses by either or both
Parties in. response' .' . disaster as that term is defined in section 418.004 of the Texas
Goverp111ent Code, anitnreSponse to. ~ctual and imminentdncidents that endang~r the health,
safety, or welfare of the public and .require the use and of special equiptiientitrainCd personnel,
or personnel in larg . :$han are locally available in order to reduc~,coUi1ter~c:t,.or remove
the ~ger caused by ..ent'!his Agreementincl~des tJj,~~ro . ion ~{mateH~I~,supplies,
eqUIpment, and other orms 'of aId by.and betweenthePii;\l:'tle ll.l;dmg the staffing..and
equipping..of,~mergency..o' . " . ns; and participation by. pers~""i 1 IAi ex.~~cises, drills, or other
.'...:.':!-<-::,.-:;:. ......._ ......" .:........ :"...:<:..:....:c:<.>,\.<<.<.:,.>..:. ".. ..... -. ,',-, ...':c',....:....::.,..:..'>:>>>:.. /',' ,_: .......>: .' . :'_:_", -:',. .:..........:., ':, . ..,', . ,.:- . ....... ,"': ..-.~<i)illlilf.: -":0 ...:,-,-::;X!+>" _::.. .. :;<--i. .... . " '" ,', '. . ...... ':','.
trammg actlvltles' deslgne tram and prepare for,cope WI respond' to;' or prevent ,the
occurrence of any disaster.
In carrying out emergency management plans and programs, the Parties shall, insofar as possible,
provide and follow uniform standards, practices and rules and regulations, including but not
limited to the following:
· Warnings and signals for exercises or disasters and the mechanical devices to be used
in connection therewith.
· Shutting off water mains, gas mains, and electric power connections, and the
suspension of all other utility services.
· Selection of all materials, equipment orb\.l.il<.1Jllgs used or to be used for emergency
management purposes to assure that such materials and equipment will be easily and
freely interchangeable when used by either Party hereto.
· The conduct of civilians and the movement and cessation of movement of pedestrian
and vehicular traffic prior to, during, and subsequent to exercises or disasters.
. The safety of public meetings or gatherings.
2
It is aclq}owledged by both Parties that nothing in this Sec.tion Qf Awee~enrshall requir~li9r
indentlJre' either Party./toalter,any policy or procedure, tochange,/~gdqrdi~~ont~nue any service
or service level, to purchase any item or equipment, ortQQtherwisel~encumber any expense.
As fuith~Fiset. fOrthH~IQ~, each Party shallcoordinat~.th~~rtiergericy respoD,seswithin its/scope
ofresp()D,sibility undel;.thisAgreement.
Either Party, when requested to provide mutual aid or emergency assistance, may shall take such
action as is necessary to provide and make available the resources covered by this Agreement in
accordance with the terms hereof, provided however, the Party rendering aid (the "Responding
Party") to the Party receiving assistance (the "Requesting Party") may withhold resources to the
extent necessary to provide other necessary governmental functions for itself. The City, while
performing services enumerated herein, shall have the same po\vers, duties, rights, privileges and
immunities as if it ,,<,ere performing said duties v/ithin its incorporated area. Emergency
management forces Vlill continue under the command and control of their regular eommand
structure, but the organizational units vlill come under the operational control of the emergency
management authorities of the party receiving assistance.
When a request for emergency assistance is received, la\v.~D,forcement~i.fire;iemergency response
m,' ',,';.. ,,' .. . .,' .,:y.",i'i",,::'::'<)>_Z'::-:i__, _ ,,:,_,<:,_ _,,', _ ,,' - '. ,'",,;<:,.:.:.'.1jti:i/hPJ;,;ii,:::;;:in;.k';>',, 'H-irlilii:Wid<;):;-i!I:,ii';" .<,e>-' 'i",: .-.;'c":""':"':")"/-::': ;._ -_
personnel, and. . . eso Ct::S shall.be subject to the. c()~d and control. of ith~lr respective
: _ _ ''''' -.._,;:::;:.:: - -:', . ,,<ii' ,'-',""". "', !',',) --', - ,',', '.> '",: ,", ',', ',.":'- _,.:::-....,.:;;I;:dl<II\+;h"'>\.':,;,:::>';:'", ::-';->:':<::/>Wc: -'>Y:'iTVW<"" , , :" ' '," '",.." .
agencies.'~ . Howeye espectIve agencIes shall coordl eq::i emergency~~~ponses. and
'.' '!":.:,":'+'>+>."'::i'> '.' ..:';..,....~,:.:"::. ...........'.". '.'->.... ;". '. '. .;'> .', .... ..,'..':'\':'1,<;\''''.... ';",</:', , ':;'-';.u:Uil!IT"x/Y;":,' '. ....
resourcesfthrough the'em~n~~n~yman~geme~t alltho[ities of q~~sting Party.'.' Any request
for aid shall specify. the ~i h w ~ tYPe r. '.'..,.' . eques e. ..' ijowever ,the Respondirig
........>,... .... ...... ..,-,., . ",;,,">-". '. '>:'.">;"".:"'.:'.. ......;,.,.,',.;':,..,\!iy,Ii!!~<:;;.("I'+i/:;.......>,',i<;<iII;,.::,. .... _ ..... .....
Party shall d~te ,.. the specllC, r~sour~es furm... . <.c.e.. rso~~l.' resour deployed by
the Respondmg.. . ort Jo the pfficer m charge I m~~Q' d rep ough the
.:, ..::,.,;,-":;;I;+:!:;"o:;>,;:;<,,,,;-, ;.. ,,,>.,,, ':~". .'. . .'. ; ;;:, .v. ..' '.. '"..'1 ; ...': - -. ,....;...., ,,'-"'1';" ;;i',.J:;'I~lf,:I' '. ":<',' . .,.": ;'.;.'; ;.... ":'/./\;-:;:
mCldent ~ham of comm e R ~mg .Party .~ . re eas he Reques~mg' Party
when the reseryes, of theiR pondin · Jare nor quir((4' h.~n the. resoUrces' are
needed within the:iResponding Party's normal emergency servke'area.
Each request for mutual aid assistance shall be made through the Emergency Management Office
of the Requesting Party, after approval by th~ R~questin~.P~rty's chief executive or governing
body, to the Emergency Management Office of the RespondjJ;l.gParty, if mobilized, or the City's
police chief or the County's sheriff. The regional headquarters of the Texas Department of
Public Safety shall be notified immediately whenever mutual aid is requested pursuant to this
Agreement.
In the event of rapidly developing emergencies occurring near, but outside of the incorporated
area of the City but within the unincorporated area of Harris County, the City's emergency
response units may respond as they are able, without prior request of the County. The City's
emergency response units will establish control of the scene until arrival of Harris County
officials. Control will then be transferred to the County or to a Joint Command if ~sllch'is
established, however, the City's resources will remain on the scene as needed. Should an event
occur instde' tlie"Cl~~~and q~~emergency~~ffiCia .' "'ot.a1Jle'io~'.,J;espond'~lhe"GpHri~:rin~y
resvond as lh~r are. able~iiijl.g;~~~tablish' ~ontrol'of . ...' e;:'.~Jilif'~~cl)~::~~m~: thc::;;,S!~isl'abl~)o.
a~cept .the transfer,'Q(, ~ommand;'County reso:u,:ces'wlltl;emam., QPscene ,as .needed~\"f. Nothing'jn
3
this, Agreement is, intended t.o .or shall be c.onstrued to ~I1,I~ge .or, restrict anywp.owers, rights, .or
auth.ority .of the City .or.ofthe C.ounty.
III.
N.othing in this Agreement shall be c.onstrued as making either Party resp.onsible f.or the payment
.of c.ompensati.on and/.or any benefits including health, property, 1m.ot.or , ve4icle,"w.orkers'
c.ompensati.on~,disability, deat4,~~clismemberme . suranc~[.or th~ ?ther ~arty's e~pl.o~ee~
and/.or, equipment. N.othing inthisAgr~nU1~ntshall trued" ~Illg the ~equestin~w~,~
resp.onsible f.or 'Yages, materials, l.oglstical'supp.ort, lpmen , d~;related travel expenses
incurr~d by the Resp.ondiI1,gP~.
IV.
The mutual .obligati.ons herein shall c.onstitute full c.ompensati.on f.or all services, and neither
Party shall be entitled t.o any reimbursement f.or assistance hereunder. ", Neit~er P~ shall have
any ,liabil",ity f.or failure t.o expend funds t.o pr.ovide aid hereunder. ""1P~1,un4e~~tands"and
<>>< , '. ",';,:::I;};";,',,;,,<:-:,,'. ,JL ,I,,' '",,, , '''' ,,- - ">''' --:"" ." '<;ii!lilii'\: ,~-, ,>',,: '<""!+I'''' -;','Ii!:!I';-:c:ri' - - !:_/>'1>1::~i}::-'
agrees' that nel~~rP~has>c~~lfie~!~dsUI1,g~tthl";~~m~at~,~,, ,1~~:g~~~hall~~ye,a
cause of~cti.on f.ofcm.oneY1lagainstthe .otherP~ und~r s~l\.gr~~ment ',ltt~Spe,gtive.ofJI1(("na,ture
there.of- The s.ole remedy f.orfailure.t.o pr.ovide aid in acc.ordance with this Agreement pr!,,f.or
breach .of anypr.ovisjQI1,1,.of this'Agreement is terminati.on.
V.
Neither Party t.o this Agreement waives .or relinquishes any immunity .or defense .on behalf.of
itself, its .officers, empl.oyees, agents, and y.olunteers as a result
Agreement and the perf.ormance .of the c.ovenants c.ontained herein.
terms .of Secti.on III ~dSectip~~"'I1,or.,llq.y.o~er PWyisi99:.: in 's
either P~ fr.om seeking financial aId .or Ill-kind reimbursement .0
.or program.
.of its executi.on .of this
F1.:utherm.ore, neither the
eem~~t"shall "prohibIt
tate,.Qf feoeral agency
Pursuant t.osectipn,421.062Qf the.Texas G.oyernmellt",C.o4~~';w1theResp.onding Party isn.ot
re~p.onsible f.or,any'civilliabHi,ty", '~es fr.om,any~~ct()t;,pmissi.on made'within the'c.ourseand
scope, .ofit~. functIon "'''. 'a" erfice 'UIlden thi ' , """eement;.th~ti at~4~ .otn((laij4
secwli)r actlvi "oerstiU!dand agi:ie .~!,\Req~~sti~g,~,"'dc>est;l.ot:~s'sutne
civil,Jiability UI1, er, an e.ory .ofJaw.f.or the acti.ons;,.oftheiii:R.esppndingP~' inpq:widing
services hereunoer.
The. c.onditi?n .of e,quip{9:ent provided hereunderw.is.tlie';:s.o~ew.;r.t,sR.o~i~bi' '.orit~' p~er~:~,;I~the
~:~~::~t, 'ls~=~!:~:~~~~~4;~~;~~~~n~~!:I'~~~~8~~~f,I.!i;~;~\e;r.resp;~s';::1~1~~r~,~~
the.owp~ '. eitequ~&tiI1, If" '*ns',ri~ resp'" .onsible';%r:damag p'lequipfue~t11iht'iiijriiY~itomiy
!':'10i": ',< j" 0' ,":.:;': 'i;l-_..";'''' -', "__''>''_''''_,:'1\ >H,J~'>::\''''<:'';;:1'},: _'_;"'_':',_ _~, '_,<,'. ' , '>'." ,_ ,," ,
person~.or e1actipllS .oespcmding Party:
4
VI.
This Agreement shall continue in force and remain binding on each Party until such time as the
governing body of either Harris County or the City terminates this Agreement. The Parties
mutually agree that the Party requesting termination shall notify the other Party, in accordance
with the notice provision contained in Section VII, at least 90 days prior to any action taken to
terminate this Agreement by either Harris County or the City.
VII.
Any notice required to be given under this Agreement shall be in writing and shall be duly
served when it is deposited, enclosed in a wrapper with the proper postage affixed and duly
certified, return-receipt requested, in a United States post office, addressed to Harris County or
the City at the following addresses.
To Harris County:
Harris County
Harris County Administration Building
1001 Preston, Suite 911
Houston, Texas 77002
Attention: Harris County Judge
With a copy to:
Harris Office of Homeland Security & Emergency Management
6922 Old Katy Road
Houston, Texas 77024
Attention: Emergency Management Coordinator
To the City:
City of La Porte, Texas
604 W. Fairmont Parkway
La Porte, Texas 77571
Attention: Office of the Mayor
City of La Porte, Emergency Management
3001 N. 23rd St.
La Porte, Texas 77571
Attention: Emergency Management Coordinator
Either Party may designate a different address by giving the other Party ten days' written notice.
VIII.
The Parties shall obsenre and comply with all. applicaplti federal~HTexas, and local laws; rules,
. '. - ~>-:"'>-:<>n<;;_-Y_- <." ': _ ",--,_,'___ -:.---- - - "':-"<>'_ -> - -', ,', - "- ~- ,h",', - ',_ --', - ',- ;.>; _ ",,:_,' _ _---'-:-->;-;-'<>~;;!hHli,yL/:--:: ,.',:c,s'I;:.; ',,' ",' 'ii/iV,': ,- '::' ''':' - - -:,y?y!!::):-:/:.-:, - - ",'.' ',:'-:, ''':;';-;!:i'!I)HYL,:;: ,',;
ordlll .. .. dregu1ati()J?~.3;ffectin~th.e conduct ()fse... . oyt.4e411,all(l:.y;the.;.R~rfor:tIl3l1~e,of
obligations dertaken;by;,this"c~~~eme~k;ln case.anyi~me 0 ore:;pr~visj~hsco'ntaiiled":in.this
5
Agreement. is heldto.be invalid,' illegal, orlll1enforceabJ~ in'iirfUl)ilreS~,~ct~ii~,~uch invaH!~1ty,
illegality,or,1W~pforceabm~~i~hall not affect, any oth~r provisioni~ereqf/iand ".~~ Agreemtmt
shall be constnleq,as if such, invalid,illegal,oriunenfOJ:~eableproyjsioh had nev~r oeen ,contained
herein.
IX.
The presiding officer of the governing body of each Partyiitqirthis~gr~~ment s~l notify each
Office of Emergency Managementiofthe manne,t.in which the' Partyi& proyiding oJ-securing an
emergency manageInep~prograffi~ identify the person whd~h~~Ps the ag~ncy . responsible for the
prograin;and furnish additional pertinent information as requested.
x.
TN~;Agree~~pr~houldJ'~ ~~ns~~~i~n a " ' nt witqiiithe eX~HIDi~~~~er A,8iri~.r 197~,
chapter.fl180t:th~dil::J;e~as Go:ye:t:l11llentICo . d th oc. p nAct;i9hapter
791. oLthe Texas'~Qo~~1'pJJ1ent~.9de,.'as they~mayherea 'amen ,.,~ sus~4!,in ~is
. . .,' ." '<iF;,",,:>.".;';;,:::';! ',' ; ,";' .. - -', '. ,'."-:',':, <i>'.>::,,';;;:,,;: _ ,,"/"':'+>'!)J:<:'f",,',' . :,y,,,,',,,.\.'i</.:,.,:" .,,- :><:H<-:'ii<:~::>/:'>': . ''';i.:'-:--:;:;": _, ',",' ,..,'- "y!i>~Hl!iI';'!;:'i-> -,+b:<:;:,'>_:, '.
Agreement, th rm "dlsaster"llhas thei!meaningdi'giv tion,A18.0 ,of 'the Texa.s
Government Code:
XI.
Mandatory and ~;1(clusive venue of any dispute between,!the Parties to this Agreetpent shall be in
Harris County, Texas.
XII.
This A~~ement is not intend~~to e9 ~~;xclusive agt"~~ t, ap~, eacb, Party .may enter into . ,
othe; Sl~llar a~e~xpell~rNOthIng Inthl~;Agreement!shal es~redi1Qf cO~~n.~J?:~lter,
~u~p an , or:i~e~ ~?~! . A;tJnt~.[locali~gr~~e~ 'RJ~C~i~O~ ~y~nt~,or InCidents
WhlCJ:k90 p()tnse.:to, fIPlJIOIl"O .1s~ster as th~tt~tIP.lsidefin~dln.sectlorii~18~004/;ofth~
Tex~s''Goveinment Code. ,. , " ", .
6
IN WITNESS WHEREOF, this instrument has been executed on behalf of Harris County by a
duly authorized representative of Harris County, and on behalf of the City of La Porte, Texas, by
an authorized representative ofthe City of La Porte, Texas.
APPROVED AS TO FORM
VINCE RYAN
Harris County Attorney
HARRIS COUNTY
By:
By:
MARVA GAY
Assistant County Attorney
ED EMMETT
County Judge
Date Signed:
Attest! Seal:
CITY OF LA PORTE, TEXAS
By: ~~~dl(fi-
City secreL~
Date Signed: 1 ( ~S( 10
Countersign~d:
By:
.
I
City Controller
Date Signed: { I:J-~ I D
, I
7
K
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: January 25. 2010
Source of Funds: N/A
Requested By: Tim Tietiens
Account Number: N/A
Department: Planninl!
Amount Budgeted: N/A
Report: -X-Resolution: _Ordinance:_
Amount Requested: N/A
Exhibits:
. Air Liquide Pipeline Permit Application
. Permit # PT -2009-003
. Area Map
Budgeted Item: _YES -X-NO
SUMMARY & RECOMMENDATION
Air Liquide Large Industries U.S., LP has filed application with the City to construct a 20"
hydrogen gas pipeline from its Bayport facility to the Motiva Port Arthur plant site. The
portion of the project covered by this permit will be constructed within the existing "Exxon
Bayport to Bay town Pipeline Corridor" as illustrated on Exhibit 3 of this packet.
Road crossings will be made at Fairmont Parkway, Spencer Highway, North "0" St., North
"H" St., North "L" St., North "P" St., Old La Porte Rd., and S.H. 225. The applicant, with
coordination from City staff, has identified the City's water and sanitary sewer mains at all
crossings and will construct the pipeline a minimum 5 feet below the ultimate depth at each
HCFCO drainage channel crossing.
The pipeline will operate at a normal operating pressure of 1000 PSI and a maximum
operating pressure of 1100 PSI. Based on staff's review of this application, no conflicts are
anticipated in crossings of City water and sanitary sewer mains, or HCFCO's drainage
channels.
Air Liquide's application meets all requirements of the City's Pipeline Transportation
Ordinance. The company has submitted all required documentation and fees per the
ordinance.
Conditional to Air Liquide's permit are the following stipulations:
· Any future relocation of the pipeline permitted within the City, State or County rights-
of-way shall be at the sole expense of the Permittee (Re: Exhibit 2 Item # 3).
· Any and all construction materials must be promptly removed upon completion of
each crossing so as not to impede stormwater drainage (Re: Exhibit 2 Item #4).
2
. Any fill material resulting from construction shall be removed or be subject to a City
Fill Dirt Permit (Re: Exhibit 2 Item #5).
The subject pipeline will be regulated by the Texas Railroad Commission as an Intrastate
Pipeline. All design, materials and construction are subject, at a minimum, to the following
regulations and codes:
. City of La Porte Code of Ordinances - Chapter 102, Article IV - "Pipeline
Transportation"
· The Department of Transportation ("DOT") Standard CFR Title 49, Part 192:
"Transportation of Natural and Other Gas by Pipeline"
· National Fire Protection Agency Code (NRPA) Chapter 70 (National Electric Code)
· ASME B31.8: "Gas Transmission and Distribution Piping Systems"
· U.S. Department of Labor Regulations: Title 29, CFR 1910 and 1925: "Occupational
Safety and Health Standards"
· API 1104: "Standard for Welding Pipelines and Related Facilities"
If approved, City Council will thereby authorize the Director of Planning or his designee to
execute the permit in duplicate originals, one which shall be delivered to the Permittee and
one which shall be retained by the City.
Action Required bv Council:
Authorize the Planning Director to execute a Pipeline Permit as requested by Air Liquide
Large Industries U.S., LP for installation of a 20" hydrogen gas pipeline within the Exxon
Baypor Bay town corridor located within the City of La Porte.
'A~
Ron Bottoms, City Manager
Date
(/
CITY OF LA PORTE. TEXAS
PIPELINE PERMIT ApPLICATION
(
........... ................ ........ ....INFORMATION ON OWNER AND ApPLICANT .............................................
Company Name: AIR LIQUIDE LARGE INDUSTRIES U.S. LP
~m~~Mdffis~ 2700 POST OAK BLVD. STE. 1800, HOUSTON T~ 77056-5705
713-624-8791 FAX
phone and Fax Number: 713-624-8000 Email:
Person Submitting Appllcatlon: MEL VYN DOUGLASS
MANAGER, RIGHT OF WAY AND PERMITS
Title of Person SubmiltingAppHcation: PIPELINE ENGINEERING AND CONSTRUCTION
713-803-7146 FAX me1vyndoug1ass@
Phone and Fax Number: 71 ~-.41A-h.407 Emall: il'irliqblidQ com
Acting for Owner as:
Principal Contact for SubmillallnformaUon: MEL VYN DOUGLASS
MANAGER, RIGHT OF WAY AND PERMITS
Tille ofP(incipal Contact: PTPRI. TNR RNC-:TNRRR TNG AND CO~lSTRUCTION
713-803-7146 FAX . me1vyndoug1ass@
Phone and Fax Number: 713-438-6407 Email: airliquide. com
...... ......... ...........INFORMATION ON TWENTY. FOUR HOUR EMERGENCY CONTACTS... .....:.................
Twenty-Four Hour Emergency Contact: MELVYN DOUGLASS
. MANAGER, RIGHT OF WAY AND PERMITS
TItle ofTwenty-Four liour Emergency Contact: P T PRT. T NR RN~ J NRRR I NG &. ND CO~lSTR UCTI ON
713-8037146 FAX . melvyndouglass@
Phone and Fax Number: 713-4386407 Emall: ;:.;rJJqllide com
Other Numbers for Emergency Contact (pager, cellular, etc.):
Alternate Twenty-Four Hour Emergency Contact: CHARLES HARPER
Tille of Alternate Twenty-Four Hour Emergency Contact:
713-803-7040 FAX
Phone and Fax Number: 713-438- 6 3 2 5
Emall:
c~ar~es:harper@
.::llr11'l"lQe com
Other Numbers for Alternate Contact (pager, cellular, etc.):
.................... ......................... .BASIC INFORMATION ON PiPELINE......... .............. ...:.... ...;.. ........ ....:
Size In Diameter: 20 II Commodity(s):
OrlglnPoin!: AIR LIQUIDE PLANT IN BAYPORT
Destination Point: MO~IVA I S PORT ARTHUR PLANT
BYDROGiN GA.:3
Normal Operating Pressure:' 1000
Maximum Allowable Temperature (if applicable): N I A
Maximum Operaljng Pressure:
1100
City of La Porte Planning Department
604 West Fairmont Parkway
La Porte, Texas 77571
Phone: (281) 471-5020 - Fax: (281) 470-5005
www.laportetx.gov
January 26,2010
Air Liquide Large Industries, U.S., LP
3560 W. 12th St.
Houston, TX 77008
Attn.: John F. Maeder, R-O-W / Permits Agent
RE: Pipeline Transportation Permit (PT-2009-003)
Dear Mr. Maeder:
Your application for a permit to construct a 20" hydrogen gas pipeline within the city limits of La Porte has been
approved by La Porte City Council at its January 25, 2010 meeting. You are hereby authorized to begin
construction within all regulations set forth in City of La Porte Ordinance 2004-2755:
Please note that this permit is issued with the following conditions:
1. Contact the City of La Porte Planning Department at (281) 470-5059 no less than 48 hours prior to
commencement of construction.
2. Post copies of this Permit at all public right-of-way crossings.
3. Per Sec. 102-235, Item (k) of La Porte's Code of Ordinances (Ord. 2004-2755): "the Permittee shall, at
any time in the future, where such pipeline or portion thereof crosses or is laid within, under or across any
street, road or utility right-of-way, drainage way or public way existing or projected at the time the permit
is issued, reposition such pipeline (which shall include lowering or raising the pipeline, as well as casing it,
if required) at the Permittee's sole expense, when the City reasonably requires such action incidental to
public construction or public improvement: construction, maintenance and improvement of streets, water
lines, sanitary sewer lines, storm sewers, ditches and public utilities. The City shall give the Permittee prior
written notice of the need for repositioning location, and such notice shall be mailed certified mail, return
receipt requested, to the Permittee as designated in the application. The Permittee shall have six (6) months
to complete such repositioning.
4. Any and all construction materials utilized by the pipeline contractor for access across any and all drainage
ditches, drainage paths and/or drainage channels shall be promptly removed by the contractor upon
completion of construction at each crossing.
5. Any fill material resulting from construction shall be removed or be subject to a Fill Permit from the City.
6. Prior to an anticipated major rain event, contractor shall remove all construction-related materials and/or
fill from any drainage way or roadside ditch as to not impede stormwater runoff.
(j:'~~
Tim Tietjens
Planning Director
CC: Finance Department; PT-2009-03 File
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EXHIBIT 3 -
(
AREA MAP
-
I I I I I
I
FAIRMONT.PKWY
L
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: Januarv 25. 2010
Source of Funds: N/A
Requested By: Tim Tietiens
Account Number: N/A
Department: Planninl!
Amount Budgeted: N/A
Report: _Resolution: _Ordinance:--L
Amount Requested: N/A
Exhibits:
. Ordinance
· Municipal Water Service Agreement
. Area Map
Budgeted Item: _YES ...A-NO
SUMMARY & RECOMMENDATION
The owner of 951 5 Spencer Highway in Deer Park city limits has requested water
service from the City of La Porte under the terms of a previous Municipal Water
Service Agreement (MWSA) for the facility which expired in November of 2009.
At its January 11, 2010 meeting, Council considered the owner's request as a
workshop item and indicated its support for a new agreement between the cities of
Deer Park, La Porte and the owner of the subject property. The City Council of Deer
Park has since met to consider the agreement and approved it at its January 19th
meeting.
Under the agreement, the City will bill the owner at one and one-half (1-1/2) times
its prevailing commercial water rate and will retain the right to interrupt or terminate
water service to the facility at any time the water main or the owner's service line
experiences a failure. Additionally, the property owner assumes all liability
associated with any damage to the Spencer Highway roadway resulting from the
loss of water and/or repairs conducted by the owner on the service line. The
agreement also contains provisions allowing the City to terminate its water service to
the site in the event that the City of Deer Park's potable water facilities become
available within two-hundred (200) yards of the owner's site. The term of the new
MWSA will consist of three (3) years with an option for an additional two (2) year
extension.
Action Required bv Council:
Consider approval of an ordinance authorizing the City Manager to execute a
Municipal Water Service Agreement between the Cities of La Porte and Deer Park
and the owner of the property at 9515 Spencer Highway.
Approved for Citv Council A1!:enda
( It. ;,,,
Ron Bottoms, City Manager
Date
ORDINANCE NO. 2010- 32 13
AN ORDINANCE APPROVING AND AUTHORIZING A MUNICIPAL WATER SERVICE
AGREEMENT BETWEEN THE CITY OF LA PORTE, THE CITY OF DEER PARK
AND GENE L. ZIGLER, FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The
City
Council
hereby
approves
and
authorizes
the
contract,
agreement,
or
other
undertaking
described in the title of this ordinance, in substantially the
form as shown in the document which lS attached hereto and
incorporated herein by the reference.
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
lS 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 subj ect matter thereof has been
discussed, considered and formally acted upon.
The City Council
further ratifies, approves and confirms such written notice and
the contents and posting thereof.
Section 3.
This Ordinance shall be effective from and
after its passage and approval, and it is so ordered.
PASSED AND APPROVED, this .2J{ day o~lJlk9
ATTEST:
~aUL-- a, lid
artha A. Gillett, City Secretary
APPROVED:
~~
Knox W. Askins, City Attorney
CITY OF LA PORTE
By:
2
, 2010.
MUNICIP AL WATER SERVICE AGREEMENT
This agreement witnesseth that the City of Deer Park and the City of La Porte, both situated in Harris
County, Texas, have constructed and agreed by and between themselves as follows:
The City of La Porte agrees to furnish water from its existing municipal water distribution system to
provide water to 9515 Spencer Highway, in Deer Park, Texas. (Mailing address is 9515 Spencer Highway, La
Porte, Texas)
The initial term of this agreement shall be three (3) years with an additional two (2) year option term
which shall be automatically extended unless either City shall notify the other party to terminate in writing at
least thirty (30) days before the end of the initial three (3) year period.
The City of La Porte shall be paid by the owner of 9515 Spencer Highway, the amount of one and one-
half (1-1/2) times the prevailing commercial water rate of the City of La Porte.
The City of La Porte shall not be responsible for any repairs to the service line providing water to the
property at 9515 Spencer Highway. The service line is defined as the water line from the La Porte water main
on the south side of Spencer Highway to the owner's property and building. The property owner shall be solely
responsible for any and all repairs necessary to the service line providing water to the above-referenced location.
Additionally, the property owner shall be liable and responsible for any and all damage to the roadway or for
water loss caused by the property owner's repairs to service line, providing water to 9515 Spencer Highway.
The City of La Porte shall have the right to interrupt or terminate service at any time the water main or
service line is leaking until the line is repaired.
Ifwater service from the City of Deer Park shall become available to within 200 yards of9515 Spencer
Highway anytime during the term of this agreement, the City of La Porte shall terminate water service to said
property at the end of sixty (60) days from the availability of a City of Deer Park supplied potable water source.
The owner of the property at 9515 Spencer Highway shall execute this agreement to signify his
acceptance of all the terms, conditions and liabilities herein prescribed.
IN WITNESS WHEREOF, the City of Deer Park and the City of La Porte have caused this
agreement to be signed by the respective City Managers, the Aaid agreement h 'n been authorized by action of
the Mayor and City Council of Deer Park taken on the l '1 day of , 2010
allilr)>y action of the Mayor and City Council of La Porte take day of
JUflV1 ,2010.
AGREED TO AND ACCEPTED BY:
By: Ron Bottoms
City Manager of La Porte
By: Property ne
9515 Spencer Highway
La Porte, Texas 77571
(In Deer Park, Texas)
AREA MAP
r/" .
1
W'i
-egend
:J9515 SPENCER HVVy
::J CITY LIMITS
~~
M
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested January 25. 2010
Requested By:
Martha Gillett/Clark Askins
Date:
Report:
Resolution:
Ordinance:
x
Exhibits: Ordinance
Exhibits:
Exhibits:
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
Attached for your consideration is the ordinance calling for the Regular Annual election of the City of La Porte to be
held on May 8, 2010, and calling for a Run -Off Election if necessary.
I loA ~
Date
askins
& askins P.c.
ATTORNEYS and COUNSELORS
Knox W. Askins
Clark T. Askins
November 19, 2009
Ms. Martha A. Gillett
City Secretary
City of La Porte
City Hall
La Porte, Texas
Re: Agenda Request for January 25, 2010, Meeting.
Dear Martha:
I enclose herewith form of ordinance calling the regular annual
election of the City of La Porte.
The schedule for the annual election, the dates of which are
established by the Texas Election Code, are as follows:
Filing begins:
Monday, February 8, 2010
(The City Secretary's Office is
closed on Saturday, February 6th,
the first legal date for filing.)
Filing deadline:
5:00 p.m., Monday, March 8, 2010
Monday, April 26, 2010
Early voting begins:
Early voting Saturday:
Early voting
two 12-hour weekdays:
Early voting ends:
Saturday, May 1, 2010
Wednesday, April 28, 2010
Tuesday, May 4, 2010
Tuesday, May 4, 2010
Election date:
Saturday, May 8, 2010
Canvass election:
Special meeting of City Council on
Monday, May 17, 2010
Runoff election,
if necessary:
Saturday, June 12, 2010
702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1218
281.471.1887 phone . 281.471.2047 fax . knoxaskins@comcast.net . ctaskins@swbell.net
Martha A. Gillett
November 19, 2009
page 2
You:s ;;ry ~~UlY, "b /
t/ ~ ;: 7f:-A//G<-A~A
Clark T. Askins
Assistant City Attorney
City of La Porte
CTA: sw
Enclosure
ORDINANCE NO. 2010- -3~ I Y
AN ORDINANCE CALLING THE REGULAR ANNUAL ELECTION OF THE CITY OF LA
PORTE, CALLING A RUN-OFF ELECTION, IF NECESSARY, DESIGNATING
ELECTION PRECINCTS AND POLLING PLACES, PROVIDING FOR THE USE OF
VOTING MACHINES, APPOINTING ELECTION OFFICIALS, PROVIDING FOR
METHOD AND DATES OF EARLY VOTING, PROVIDING FOR AN EARLY VOTING
BALLOT BOARD, PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID
ELECTION, PROVIDING FOR NOTICE, PROVIDING FOR FILING DEADLINE AND
FILING FEES FOR CANDIDATES, PROVIDING A SAVINGS CLAUSE, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
An election shall be held within the corporate
limits of the City of La Porte, Texas, on the 8th day of May,
2010, such day being the second Saturday in May, 2010, between
seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., for the
purpose of electing the following City officials:
Councilperson-at-Large--Position A, for a 3 year term
Councilperson--District 4, for a 3 year term
Councilperson--District 5, for a 3 year term
A run-off election, if necessary, shall be held on Saturday,
June 12, 2010, between the same hours.
Section 2.
Said election shall be held at each of the
following voting places within said City, and the following named
persons are hereby appointed as officers of said election, to-wit:
Election Precinct #1
Polling Place: Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of the Union Pacific Railroad
and "Old" Underwood Road;
THENCE south along Underwood Road to the north boundary line
of the Creekmont SUbdivision;
THENCE east along the north boundary line of the Creekmont
subdivision to Big Island Slough;
THENCE south along Big Island Slough to Meadow Place as
projected west;
THENCE east along Meadow Place to the west boundary line of
the La Porte Airport;
THENCE north along the west boundary line of the La Porte
Airport to the north boundary line of the La Porte Airport;
THENCE east along the north boundary line of the La Porte
Airport and continue to project east along this same line to
Sens Road;
THENCE north along Sens Road to the Union Pacific Railroad;
THENCE west along the Union Pacific Railroad to Underwood
Road the POINT OF BEGINNING.
Election Officials:
Joeena Davis, Presiding Judge
Melody Elledge, Alternate Presiding Judge
Election Precinct #2
Polling Place:
Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of Underwood Rd. and Spencer
Highway;
THENCE west along Spencer Highway to the west La Porte City
Limit Line west of Luella Blvd;
THENCE south along the west La Porte City Limit Line to
Fairmont Parkway;
THENCE east along Fairmont Parkway to Underwood Rd;
THENCE north along Underwood Rd. to Spencer Highway the POINT
OF BEGINNING.
Election Officials:
Joeena Davis, Presiding Judge
Melody Elledge, Alternate Presiding Judge
2
Election Precinct #3
Polling Place:
Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of Underwood Road and the north
boundary line of the Creekmont subdivision;
THENCE south along Underwood Road to Fairmont Parkway;
THENCE east along Fairmont Parkway to Big Island Slough;
THENCE north along Big Island Slough to Spencer Highway;
THENCE east along Spencer Highway to Glen Meadows Drive as
projected south;
THENCE north along Glen Meadows Drive to Meadow Place;
THENCE west along Meadow Place, as proj ected west to Big
Island Slough;
THENCE north along Big Island Slough to the north boundary
line of the Creekmont subdivision;
THENCE west along the north boundary of the Creekmont
subdivision to Underwood Road the POINT OF BEGINNING.
Election Officials:
Joeena Davis, Presiding Judge
Melody Elledge, Alternate Presiding Judge
Election Precinct #4
Polling Place: La Porte City Hall (Council Chambers)
604 West Fairmont Parkway
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of the Union Pacific Railroad
and Sens Road;
THENCE south along Sens Rd. to the north boundary of the La
Porte Airport as projected east;
3
THENCE west along the projected north boundary line of the La
Porte Airport to the east boundary line of the Airport;
THENCE south along the east boundary line of the La Porte
Airport to Spencer Highway;
THENCE east along Spencer Highway to the Union Pacific
Railroad;
THENCE south along the Union Pacific Railroad to Fairmont
Parkway;
THENCE east along Fairmont Parkway to South Broadway (Old Hwy
146) ;
THENCE north along South Broadway to East "G" St.;
THENCE northeasterly along East "G" St. to South Iowa;
THENCE northwesterly along South Iowa to East "F" st.;
THENCE northeasterly along East "F" st. to South Ohio;
THENCE northwesterly along South Ohio to East "E" St.;
THENCE northeasterly along East "E" st. to the northeast La
Porte City Limit Line;
THENCE northwesterly along the northeast La Porte City Limit
Line to North "E" St.;
THENCE west along North "E" st. to North Blackwell;
THENCE north along North Blackwell to Barbours Cut Blvd.;
THENCE west along Barbours Cut Blvd. to North Broadway;
THENCE north along North Broadway to Union Pacific Railroad;
THENCE west along the Union Pacific Railroad to Sens Rd. the
POINT OF BEGINNING.
Election Officials:
Mary Ann Trainer, Presiding Judge
Norma Repman, Alternate Presiding Judge
Election Precinct #5
Polling Place: La Porte City Hall (Council Chambers)
604 East Fairmont Parkway
La Porte, Texas 77571
4
Boundaries:
TRACT ONE
BEGINNING at the intersection of East "E" st. and the
northeast La Porte City Limit Line;
THENCE southeasterly along the La Porte City Limit Line to
the shoreline of Galveston Bay;
THENCE southerly along the shoreline of Galveston Bay to the
southern La Porte City Limit Line and the northern Shoreacres
City Limit Line;
THENCE west along the southern La Porte City Limit Line to
the west right-of-way line of state Highway 146;
THENCE north along the west right-of-way line of State
Highway 146 to McCabe Rd.;
THENCE west along McCabe Rd. to Union Pacific Railroad;
THENCE north along Union Pacific Railroad to Fairmont
Parkway;
THENCE east along Fairmont Parkway to South Broadway (Old Hwy
146) ;
THENCE north along South Broadway to East "G" St. ;
THENCE northeasterly along East "G" st. to South Iowa;
THENCE northwesterly along South Iowa to East "F" St. ;
THENCE northeasterly along East "F" St. to South Ohio;
THENCE northwesterly along South Ohio to East "E" st. ;
THENCE northeasterly along East "E" St. to the northeast La
Porte City Limit Line the POINT OF BEGINNING.
TRACT TWO
BEGINNING at the intersection of South Broadway (Old Hwy 146)
and the City of Shoreacres southern City Limit Line;
THENCE east along Shoreacres southern City Limit Line to the
shoreline of Galveston Bay;
THENCE southerly meandering the shoreline of Galveston Bay to
the southernmost La Porte City Limit Line;
THENCE west along the southernmost City Limit Line to South
Broadway (Old Hwy 146);
5
THENCE north along South Broadway to the southern City Limit
Line of city of Shoreacres being the POINT OF BEGINNING.
Election Officials:
Mary Ann Trainer, Presiding Judge
Norma Repman, Alternate Presiding Judge
Election Precinct #6
Polling Place:
Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of Big Island Slough and
Spencer Highway;
THENCE south along Big Island Slough to Fairmont Parkway;
THENCE east along Fairmont Parkway to the Union Pacific
Railroad;
THENCE north along the Union Pacific Railroad to Spencer
Highway;
THENCE west along Spencer Highway to the east boundary line
of the La Porte Airport;
THENCE north along the La Porte Airport east boundary line to
the north boundary line of the airport;
THENCE west along the La Porte Airport north boundary line to
the west boundary line of the airport;
THENCE south along the west boundary of the La Porte Airport
to Meadow Place as projected east;
THENCE west along Meadow Place to Glen Meadows Dr.;
THENCE south along Glen Meadows Dr. and as projected south to
Spencer Highway;
THENCE west along Spencer Highway to Big Island Slough the
POINT OF BEGINNING.
6
Election Officials:
Joeena Davis, Presiding Judge
Melody Elledge, Alternate Presiding Judge
Early Voting Place:
La Porte City Hall (Council Chambers)
604 West Fairmont Parkway
La Porte, Texas 77571
Bilingual Election Clerk:
Barbara Eldridge
section 3. Voting at said election, including early voting,
shall be by the use of voting machines, and the ballots of said
election shall conform to the Texas Election Code, as amended.
Section 4. An Early Voting Ballot Board is hereby created to
process Early Voting results for the election and the runoff
election, if necessary.
Peggy Holland is appointed Presiding
Judge of the Early Voting Ballot Board.
At least two (2) other
members of the Early Voting Ballot Board shall be appointed by the
Presiding Judge, in the same manner as the precinct election
clerks.
Early Voting by personal appearance shall begin on the 12th
day and shall continue through the 4th day preceding the day of
election.
Early Voting by mail shall begin on the 45th day preceding
the date of the election, or as soon thereafter as ballots are
available, and shall continue until seven o'clock (7:00) P.M. on
election day.
Early Voting shall be conducted by a clerk for Early Voting,
namely, Martha A. Gillett, and the place at which the Early Voting
shall be conducted is designated as the La Porte City Hall, 604
West Fairmont Parkway, La Porte, Texas, to which address ballot
7
applications and ballots voted by mail may be mailed. Early
voting by personal appearance shall begin on the 12th day and
continue through the 4th day preceding the day of election. Early
voting by personal appearance shall be conducted on the weekdays
of the early voting period, from 8: 00 a. m. to 5: 00 p. m., except
for Wednesday, April 28, 2010, and Tuesday May 4, 2010, from 7:00
a.m. to 7:00 p.m.; and on Saturday, May 1, 2010, from 8:00 a.m. to
5:00 p.m.
Section 5. The City Secretary's election office in the La
Porte City Hall is hereby designated as the Central Counting
station to receive all ballots cast at said election, and Martha
A. Gillett is hereby appointed the Presiding Manager for said
Central Counting Station, and Sharon Harris is hereby appointed
the Alternate Presiding Manager for said Central Counting station.
Said Manager shall appoint any clerks necessary to assist in
receiving ballots and other records and in performing the other
duties of said Manager in this regard. The City Manager is hereby
authorized and directed to obtain, or cause to be obtained, the
necessary electronic tabulating equipment, to arrange for the
testing thereof as provided by law and to employ a duly qualified
manager and a duly qualified tabulation supervisor to perform the
duties respectively imposed on them by law with respect to the
processing and tabulation of ballots at the Central Counting
Station.
Section 6.
That all election materials including notice of
the election, ballots, instruction cards, affidavits and other
forms which voters may be required to sign and all early voting
8
materials shall be printed in both English and Spanish, or Spanish
translations thereof shall be made available in the circumstances
permitted and in the manner required by law.
section 7. The City Secretary of the City of La Porte shall
forthwith issue Notice of said election to be published one time
in the BAYSHORE SUN, which is hereby found and declared to be a
newspaper of general circulation in said City, not less than ten
(10) days nor more than thirty (30) days prior to the date of the
said election.
Section 8. Upon a candidate tendering his application on the
form prescribed, the city Secretary shall furnish to such
candidate all information relative to the qualifications for the
office being sought; the method of placing the candidate's name on
the ballot; the amount of the required filing fee; and any other
pertinent information concerning said election;
Section 9. Each candidate for the office of Councilperson-
at-Large must be a resident elector of the City. Each candidate
for the office of District Councilperson must be a resident
elector of the City, and must also be a resident of the district
for which he or she files.
Section 10. The deadline for a candidate to make application
to have his name appear upon the ballot for such election, is
hereby designated and established as 5:00 o'clock P.M., Monday,
March 8, 2010. No application shall be accepted for filing prior
to February 8, 2010. The filing fee for each candidate for the
office of Councilperson-at-Large and District Councilperson is
hereby established as Fifty Dollars ($50.00). The filing fees
9
shall be used to defray the cost of the election, and said fees
shall be prorated and any surplus shall be refunded to said
candidates. As an alternative to paying a filing fee, a candidate
may obtain a place on the ballot by filing a petition as provided
for in City of La Porte Home Rule Charter, Article 2.04 c.3.
Section 11. Said election shall be held in accordance with
the provisions of the City Charter of the City of La Porte, and
the general election laws of the State of Texas governing general
and municipal elections, so far as same may be applicable thereto.
Section 12. Immediately after said election, the officers
holding the same shall make and deliver the returns of the results
thereof and the accompanying records for use in the official
canvass to the City Council of the City of La Porte, and the City
Council shall canvass said returns at the earliest practicable
time, and shall, immediately after canvassing the returns, declare
the results of the election. The Mayor shall immediately
thereafter deliver to the candidate for whom the majority of votes
has been polled for each respective office, a certificate of
election. Such elected officials shall assume their duties within
ten (10) days thereafter, Sundays excluded, upon their taking the
oath of office.
Section 13. Each and every provision, paragraph, sentence
and clause of this Ordinance has been separately considered and
passed by the City Council of the City of La Porte, Texas, and
each said provision would have been separately passed without any
other provision, and if any provision hereof shall be ineffective,
invalid or unconstitutional, for any cause, it shall not impair or
10
affect the remaining portion, or any part thereof, but the valid
portion shall be in force just as if it had been passed alone.
Section 14.
This Ordinance shall be in effect immediately
upon its passage and approval.
Section 15.
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 i 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.
PASSED AND APPROVED, this 25th day of January, 2010.
PORTE
By:
ATTEST:
'1JAUtA It/rAtt
artha A. G~l ett
City Secretary
AP~;: ~
Clark T. Askins
Assistant City Attorney
11
N
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested January 25.2010
Appropriation
Requested By:
Martha Gillett/Clark Askins
Source of Funds:
Date:
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
Attached for your consideration is an ordinance calling for the Special Election of the City of La Porte to be held on
May 8, 2010.
(~;:D
Date
askins
& askins p.c.
A TIORNEYS and COUNSELORS
Knox W. Askins
Clark T. Askins
November 30, 2009
Hon. Mayor & City Council
City of La Porte
City Hall
La Porte, Texas
Re: Agenda Request for January 25, 2010, Meeting
Gentlemen:
At a special election '\in May, 2006, the voters approved adoption of
a municipal sales and use tax for street maintenance, at a rate of
one-fourth of one percent, for a four year term, which will expire
in 2010.
At the request of Mr. Bottoms, I have prepared herewith form ot
ordinance calling a special election on May 8, 2010, on the
proposition of re-authorization of the local sales and use tax in
the City of La Porte at the rate of one-fourth of one percent, to
continue providing revenue for maintenance and repair of municipal
streets.
The same schedule would be followed as provided for in the
ordinance calling the election on the same date, for the election
of a City officials.
If City Council approves this ordinance on January 25, 2010; our
office will file an application with the U. S. Department of
Justice, Voting Rights Division, for preclearance of this special
election.
Yours very truly, / .
;,,:72~~-i"L Z<) C(;;;CS4LdJ
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosure
cc: Mr. Ron Bottoms, City Manager
Mr. John Joerns, Assistant City Manager
Ms. Michael Dolby, Director of Finance
Ms. Martha A. Gillett, City Secretary
Mr. Clark T. Askins, Asst. City Attorney
702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1218
281.471.1887 phone . 281.471.2047 fax. knoxaskins@comcast.net . ctaskins@swbell.net
ORDINANCE NO. 2010- 3~ /5
AN ORDINANCE CALLING A SPECIAL ELECTION OF THE CITY OF LA PORTE TO
PERMIT VOTING FOR OR AGAINST THE PROPOSITION: "THE
REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY OF LA
PORTE AT THE RATE OF ONE - FOURTH OF ONE PERCENT TO CONTINUE
PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL
STREETS", DESIGNATING ELECTION PRECINCTS AND POLLING PLACES,
PROVIDING FOR THE USE OF VOTING MACHINES, APPOINTING ELECTION
OFFICIALS, PROVIDING FOR METHOD AND DATES OF EARLY VOTING,
PROVIDING FOR AN EARLY VOTING BALLOT BOARD, PROVIDING FOR RETURN
AND CANVASS OF VOTES OF SAID ELECTION, PROVIDING FOR NOTICE,
PROVIDING FOR FILING DEADLINE AND FILING FEES FOR CANDIDATES,
PROVIDING A SAVINGS CLAUSE, FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
A special election shall be held within the
corporate limits of the City of La Porte, Texas, on the 8th day of
May, 2010, such day being the second in May, 2010, between seven
o'clock (7:00) A.M. and seven o'clock (7:00) P.M., to permit
voting for or against the proposition:
"The reauthorization of
the local sales and use tax in the City of La Porte at the rate of
one-fourth of one percent to continue providing revenue for
maintenance and repair of municipal streets."
Section 2.
Said election shall be held at each of the
following voting places within said City, and the following named
persons are hereby appointed as officers of said election, to-wit:
Election Precinct #1
POlling Place: Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of the Union Pacific Railroad
and "Old" Underwood Road;
THENCE south along Underwood Road to the north boundary line
of the Creekmont SUbdivision;
THENCE east along the north boundary line of the Creekmont
subdivision to Big Island Slough;
THENCE south along Big Island Slough to Meadow Place as
projected west;
THENCE east along Meadow Place to the west boundary line of
the La Porte Airport;
THENCE north along the west boundary line of the La Porte
Airport to the north boundary line of the La Porte Airport;
THENCE east along the north boundary line of the La Porte
Airport and continue to project east along this same line to
Sens Road;
THENCE north along Sens Road to the Union Pacific Railroad;
THENCE west along the Union Pacific Railroad to Underwood
Road the POINT OF BEGINNING.
Election Officials:
Joeena Davis, Presiding Judge
Melody Elledge, Alternate Presiding Judge
Election Precinct #2
Polling Place: Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of Underwood Rd. and Spencer
Highway;
THENCE west along Spencer Highway to the west La Porte City
Limit Line west of Luella Blvd;
THENCE south along the west La Porte City Limit Line to
Fairmont Parkway;
THENCE east along Fairmont Parkway to Underwood Rd;
THENCE north along Underwood Rd. to Spencer Highway the POINT
OF BEGINNING.
2
Election Officials:
Joeena Davis, Presiding Judge
Melody Elledge, Alternate Presiding Judge
Election Precinct #3
Polling Place:
Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of Underwood Road and the north
boundary line of the Creekmont sUbdivision;
THENCE south along Underwood Road to Fairmont Parkway;
THENCE east along Fairmont Parkway to Big Island Slough;
THENCE north along Big Island Slough to Spencer Highway;
THENCE east along Spencer Highway to Glen Meadows Drive as
projected south;
THENCE north along Glen Meadows Drive to Meadow Place;
THENCE west along Meadow Place, as proj ected west to Big
Island Slough;
THENCE north along Big Island Slough to the north boundary
line of the Creekmont subdivision;
THENCE west along the north boundary of the Creekmont
subdivision to Underwood Road the POINT OF BEGINNING.
Election Officials:
Joeena Davis, Presiding Judge
Melody Elledge, Alternate Presiding Judge
Election Precinct #4
Polling Place: La Porte City Hall (Council Chambers)
604 West Fairmont Parkway
La Porte, Texas 77571
3
Boundaries:
BEGINNING at the intersection of the Union Pacific Railroad
and Sens Road;
THENCE south along Sens Rd. to the north boundary of the La
Porte Airport as projected east;
THENCE west along the projected north boundary line of the La
Porte Airport to the east boundary line of the Airport;
THENCE south along the east boundary line of the La Porte
Airport to Spencer Highway;
THENCE east along Spencer Highway to the Union Pacific
Railroad;
THENCE south along the Union Pacific Railroad to Fairmont
Parkway;
THENCE east along Fairmont Parkway to South Broadway (Old Hwy
146) ;
THENCE north along South Broadway to East "G" St.;
THENCE northeasterly along East "G" St. to South Iowa;
THENCE northwesterly along South Iowa to East "F" St. ;
THENCE northeasterly along East "F" St. to South Ohio;
THENCE northwesterly along South Ohio to East "E" St. ;
THENCE northeasterly along East "E" St. to the northeast La
Porte City Limit Line;
THENCE northwesterly along the northeast La Porte City Limit
Line to North "E" st.;
THENCE west along North "E" St. to North Blackwell;
THENCE north along North Blackwell to Barbours Cut Blvd.;
THENCE west along Barbours Cut Blvd. to North Broadway;
THENCE north along North Broadway to Union Pacific Railroad;
THENCE west along the Union Pacific Railroad to Sens Rd. the
POINT OF BEGINNING.
4
Election Officials:
Mary Ann Trainer, Presiding Judge
Norma Repman, Alternate Presiding Judge
Election Precinct #5
Polling Place:
La Porte City Hall (Council Chambers)
604 East Fairmont Parkway
La Porte, Texas 77571
Boundaries:
TRACT ONE
BEGINNING at the intersection of East "E" st. and the
northeast La Porte City Limit Line;
THENCE southeasterly along the La Porte City Limit Line to
the shoreline of Galveston Bay;
THENCE southerly along the shoreline of Galveston Bay to the
southern La Porte City Limit Line and the northern Shoreacres
City Limit Line;
THENCE west along the southern La Porte City Limit Line to
the west right-of-way line of state Highway 146;
THENCE north along the west right-of-way line of State
Highway 146 to McCabe Rd.;
THENCE west along McCabe Rd. to Union Pacific Railroad;
THENCE north along Union Pacific Railroad to Fairmont
Parkway;
THENCE east along Fairmont Parkway to South Broadway (Old Hwy
146) ;
THENCE north along South Broadway to East "G" St. ;
THENCE northeasterly along East "G" St. to South Iowa;
THENCE northwesterly along South Iowa to East "F" St. ;
THENCE northeasterly along East "F" St. to South Ohio;
THENCE northwesterly along South Ohio to East "E" St. ;
THENCE northeasterly along East "E" St. to the northeast La
Porte City Limit Line the POINT OF BEGINNING.
5
TRACT TWO
BEGINNING at the intersection of South Broadway (Old Hwy 146)
and the City of Shoreacres southern City Limit Line;
THENCE east along Shoreacres southern City Limit Line to the
shoreline of Galveston Bay;
THENCE southerly meandering the shoreline of Galveston Bay to
the southernmost La Porte City Limit Line;
THENCE west along the southernmost City Limit Line to South
Broadway (Old Hwy 146);
THENCE north along South Broadway to the southern city Limit
Line of City of Shoreacres being the POINT OF BEGINNING.
Election Officials:
Mary Ann Trainer, Presiding Judge
Norma Repman, Alternate Presiding Judge
Election Precinct #6
Polling Place:
Baker School (Entry Area)
6000 West Main Street
(West Main Street/at Underwood - enter off
Spencer/Main)
La Porte, Texas 77571
Boundaries:
BEGINNING at the intersection of Big Island Slough and
Spencer Highway;
THENCE south along Big Island Slough to Fairmont Parkway;
THENCE east along Fairmont Parkway to the Union Pacific
Railroad;
THENCE north along the Union Pacific Railroad to Spencer
Highway;
THENCE west along Spencer Highway to the east boundary line
of the La Porte Airport;
THENCE north along the La Porte Airport east boundary line to
the north boundary line of the airport;
THENCE west along the La Porte Airport north boundary line to
the west boundary line of the airport;
6
THENCE south along the west boundary of the La Porte Airport
to Meadow Place as projected east;
THENCE west along Meadow Place to Glen Meadows Dr.;
THENCE south along Glen Meadows Dr. and as projected south to
Spencer Highway;
THENCE west along Spencer Highway to Big Island Slough the
POINT OF BEGINNING.
Election Officials:
Joeena Davis, Presiding Judge
Melody Elledge, Alternate Presiding Judge
Early Voting Place:
La Porte City Hall (Council Chambers)
604 West Fairmont Parkway
La Porte, Texas 77571
Bilingual Election Clerk:
Barbara Eldridge
Section 3. voting at said election, including early voting,
shall be by the use of voting machines, and the ballots of said
election shall conform to the Texas Election Code, as amended.
Section 4. An Early Voting Ballot Board is hereby created to
process Early Voting results for the election and the runoff
election, if necessary.
Peggy Holland is appointed Presiding
Judge of the Early Voting Ballot Board.
At least two (2) other
members of the Early Voting Ballot Board shall be appointed by the
Presiding Judge, in the same manner as the precinct election
clerks.
Early Voting by personal appearance shall begin on the 12th
day and shall continue through the 4th day preceding the day of
election.
Early Voting by mail shall begin on the 45th day preceding
the date of the election, or as soon thereafter as ballots are
7
available, and shall continue until seven o'clock (7:00) P.M. on
election day.
Early Voting shall be conducted by a clerk for Early voting,
namely, Martha A. Gillett, and the place at which the Early voting
shall be conducted is designated as the La Porte City Hall, 604
West Fairmont Parkway, La Porte, Texas, to which address ballot
applications and ballots voted by mail may be mailed. Early
Voting by personal appearance shall begin on the 12th day and
continue through the 4th day preceding the day of election. Early
voting by personal appearance shall be conducted on the weekdays
of the early voting period, from 8:00 a.m. to 5:00 p.m., except
for Wednesday, April 28, 2010, and Tuesday, May 4, 2010, from 7:00
a.m. to 7:00 p.m.; and on Saturday, May 2, 2010, from 8:00 a.m. to
5:00 p.m.
section 5. The City Secretary's election office in the La
Porte City Hall is hereby designated as the Central Counting
Station to receive all ballots cast at said election, and Martha
A. Gillett is hereby appointed the Presiding Manager for said
Central Counting station, and Sharon Harris is hereby appointed
the Alternate Presiding Manager for said Central Counting Station.
Said Manager shall appoint any clerks necessary to assist in
receiving ballots and other records and in performing the other
duties of said Manager in this regard. The City Manager is hereby
authorized and directed to obtain, or cause to be obtained, the
necessary electronic tabulating equipment, to arrange for the
testing thereof as provided by law and to employ a duly qualified
manager and a duly qualified tabulation supervisor to perform the
8
duties respectively imposed on them by law with respect to the
processing and tabulation of ballots at the Central Counting
station.
section 6. That all election materials including notice of
the election, ballots, instruction cards, affidavits and other
forms which voters may be required to sign and all early voting
materials shall be printed in both English and Spanish, or Spanish
translations thereof shall be made available in the circumstances
permitted and in the manner required by law.
Section 7. The City Secretary of the City of La Porte shall
forthwith issue Notice of said election to be published one time
in the BAYSHORE SUN, which is hereby found and declared to be a
newspaper of general circulation in said City, not less than ten
(10) days nor more than thirty (30) days prior to the date of the
said election.
section 8. Said election shall be held in accordance with
the provisions of the City Charter 0 the City of La Porte, and the
general election laws of the State of Texas governing general and
municipal elections, so far as same may be applicable thereto.
Section 9. Immediately after said election, the officers
holding the same shall make and deliver the returns of the results
thereof and the accompanying records for use in the official
canvass to the City Council of the City of La Porte, and the City
Council shall canvass said returns at the earliest practicable
time, and shall, immediately after canvassing the returns, declare
the results of the election.
9
section 10.
Each and every provision, paragraph, sentence
and clause of this Ordinance has been separately considered and
passed by the City Council of the City of La Porte, Texas, and
each said provision would have been separately passed without any
other provision, and if any provision hereof shall be ineffective,
invalid or unconstitutional, for any cause, it shall not impair or
affect the remaining portion, or any part thereof, but the valid
portion shall be in force just as if it had been passed alone.
section 11.
This Ordinance shall be in effect immediately
upon its passage and approval.
section 12.
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 i 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.
PASSED AND APPROVED, this 25th day of January, 2010.
~b.. () j,f-Ctll
Mart a A. G111ett,~retary
APPROVED:~~ '
Knox W. Askins, City At torn'ey
Ba
By:
10
7
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: January 25.2010
Budl!:et
Requested By:
D. Wilmore
Source of Funds: General Funds
Department:
Planning
Account Number: #001-9092-524-6021
Report: X Resolution:
Ordinance:
X
Amount Budgeted: S45,65R 00
Exhibits: List of Tabled Dangerous Buildings
Amount Requested:
Exhibits: Inspection Reports & Condemnation Ordinances
Budgeted Item: YES
NO
Exhibits Photo Presentation
SUMMARY & RECOMMENDATION
The August 10,2009 public hearing was continued until October 12,2009 for the structures at 704 So. Holmes and
401 N. 6th Street. The October 12th public hearing was then continued until December 14,2009. The December 14,
2009 meeting was continued until January 25,2010. Subsequent to the first public hearing meeting, legal notices in
accordance with Article VIII; Section 82-475 of the Code of Ordinances, were provided to the structure owners.
While the individuals attended each public hearing and were aware of the continuance granted by Council, staff sent
letters reminding them of this meeting.
A January 14th site visit to 704 So. Holmes shows the exterior walls, windows and doors have been completed. The
inside remains gutted.
There has been no change to 401 N. 6th Street. The attorney assisting the owner's representative (Mary Riley) told
me he was advised last week that the outstanding California signatures have been obtained and she is awaiting the
paperwork. As of January 14t\ the attorney has not received anything and is not able to move forward with
recording the deed to transfer full ownership. Harris County assistance cannot be requested without ownership.
The purpose of this public hearing is to receive property owner, citizen and staff comments as to why the structure
should or should not be condemned and demolished. Following the close of the hearing, Council will be asked to
consider condemnation of each structure.
While the Dangerous Building Inspections Board is aware of the circumstances relating to each location, we also see
limited progress. On 704 So. Holmes there is a mortgage company involved and the structure is now dried in and
secure. Staff recommends Council deny passal!:e of the condemnation ordinance. This will allow the owner to
proceed on the interior work without time restraints.
Since the 1 st goal of securing ownership has still not been met and that completion time remains unknown, staff
recommends condemnation of 401 N. 6th Street.
14~
Date
Tabled Substandard Buildings List
(Summer 2009 Group)
The August 10,2009, October 12,2009 and December 14,2009 public hearing was continued by
Council until their January 25, 2010 meeting.
1) 704 So. Holmes
(Single-family dwelling in a Low Density [R-1] zone)
HCAD #: #006-111-000-0056
Legal Description: Blk. 21; Lots 57 & Trs. 56 & 58A; Bayfront
Taxes Owed: -0-
Mowing/Clean-Up: -0-
2) 401 N. 6th Street
(Single-family dwelling in a Low Density [R-1] zone)
HCAD #: #023-210-000-0017
Legal Description: Blk. 91; Lots 17 & 18; La Porte
Taxes Owed: $1,473.68 (As of July 2009)
Mowing/Clean-Up: -0-
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE:
JUNE 26. 2009
STREET ADDRESS:
704 S HOLMES
HCAD OWNER:
TIM 1. & MARY C. GOMEZ; 704 S HOLMES ST. LA PORTE. TX 77571-5831
DEED OWNER: MARY MOCTEZUMA AND HUSBAND TIM GOMEZ: 704 S HOLMES ST. LA PORTE. TX 77571-5831
OTHER:
FIRST AMERICAN R. E. TAX SERVC; 8435 N STEMMONS 9TH FLR;DALLAS. TX 75247
TIM J. GOMEZ; 1026 S 6TH # 18. LA PORTE. TX 77571
LT 57. TRS 56 & 58A. BLK 21. BAYFRONT TO LA PORTE
OTHER:
LEGAL:
OCCUPANCY TYPE: RESIDENTIAL
ZONING:
R-l
NON-CONFORMING ISSUES: N/A
ELECTRICAL:
bZI
~
SEWER:
GAS:
Ii:!
~
FACILITIES A V AILABLE: WATER:
NO.OF DWELLING UNITS:
VACANT:
o
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED
THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR
THE FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the following is applicable:
iii 1. A building that is vacant, and is not up to current building code standards.
These vacant buildings can be either open to trespass or boarded up;
iii 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by
any other cause to such an extent that the structural strength or stability thereof is materially less than it was
before such catastrophe and is less than the minimum requirements of the building code for new buildings of
similar structure, purpose or location;
3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached
or dislodged, or to collapse and thereby injure persons or damage property;
4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation,
deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the
ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its
foundation, or (e) any other cause, is likely to partially or completely collapse;
12l 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe
for the purpose of which it is being used;
DANGEROUS BUILIDINGS INPSECTION FORM 2
Ii:! 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or
has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as
to (c) enable persons to resort thereto for the purpose of committing unlawful acts;
121 7. Whenever a building or structure, used or intended to be used for dwelling purposes,
because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for
human habitation or in such a condition that is likely to cause sickness or disease;
121 8. Whenever any building or structure, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas
connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard
whenever it is determined by the Board, that any or all of the following is
applicable:
121 1. Whenever any protective or safety device specified in The Electrical Code and of this
title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to
fail or function as originally intended;
2. Whenever any installation or any portion thereof because of (a) dilapidation,
deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance,
which in relation to existing use constitutes a hazard to life, health, property or safety;
Ii:! 3. Whenever any installation or any portion thereof which is damaged by fire, wind,
earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property
or safety;
121 4. Whenever any installation or any portion thereof was constructed, installed, altered or
maintained in violation of the building code and/or fire code so as to constitute a potential hazard
to life, health, property or safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
OPTION # 1. (REPAIRABLE - RESIDENTIAL)
IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS. THE 2006
INTERNATIONAL RESIDENTIAL CODE AND THE 2008 NATIONAL ELECTRICAL CODE. AS ADOPTED.
AMENDED AND ENACTED BY CITY ORDINANCES # 04-2700. #96-2700-K AND #96-2079-L. USING
THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING
INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT STILL PREPAIRABLE. ALL
REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY
OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT VOMPLIED
WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS THEN THE OPINION
OF THE BOARD THAT THIS BUILDING BE DEMOLISHED.
X
BUILDING OFFICIAL'S OFFICE
DATE
X
FIRE MARSHAL'S OFFICE
DATE
X
FIRE CHIEF'S OFFICE
DATE
DANGEROUS BUILIDINGS INPSECTION FORM
3
BUILDING EVALUATION CHECKLIST
A = Adequate D = Deficient
I. STRUCTURAL
A. Foundation
1. Slab N/ A
2. Pier & Beam
a. Footings D
b. Sills UNK
c. Joists UNK
Walls
1. Exterior D
2. Interior D
Means of Egress
1. Doors
a. Interior D
b. Exterior D
2. Porches, Steps,
Stairs D
3. Windows D
D. Roof
1. Rafters D
2. Deck, Shingles D
E. Ceilings
1. Joists D
2. Ceiling N/ A
F. Floors D
G. Other N/A
II. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel D
2. Wiring D
3. Lights, Switches D
4. Outlets D
5. Other N/A
B. Plumbing
1. Fixtures
a. Sink N/A
b. Lavatories N/ A
c. Water/Closets N/A
d. Tub/Shower N/ A
e. Water Heater UNK
2. Water Piping UNK
3. Drain, Waste
& Vent UNK
4. Sewer/Septic tank UNK
5. Gas System UNK
C. Heating & AlC
1. Heating N/ A
2. Air Conditioning N/ A
III. PROPERTY CONDITIONS
1. Accessory Structures N/ A
2. Condition of Grounds D
3. Other
Comments: Fire Date September 26. 2008
N/ A = Not Applicable
COMMENT / EXPLANATION
N/A
NOT LEVEL
NOT VISIBLE
NOT VISIBLE
FIRE DAMAGED
FIRE DAMAGED STUDS
REMOVED
FRONT DOOR MISSING, DOOR HEADER FIRE DAMAGED
CRACKED
BROKEN
FIRE DAMAGED
FIRE DAMAGED
FIRE DAMAGED
REMOVED
FIRE DAMAGED
N/A
FIRE DAMAGED
FIRE DAMAGED
FIRE DAMAGED
FIRE DAMAGED
N/A
NOT IN HOUSE
NOT IN HOUSE
NOT IN HOUSE
NOT IN HOUSE
NEED TO CHECK FOR FIRE DAMAGE
NEED TO CHECK FOR FIRE DAMAGE
NEED TO CHECK FOR FIRE DAMAGE
UNKNOWN
UNKNOWN
N/A
N/A
N/A
WEEDS. DEBRIS
S:\CPShare\INSPECTION DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\DANG BLDG INSP FORM2.doc
02-2004 Rev.
ORDINANCE NO. 2009- 31 Ie L.f
PA ~$Atj-e
De Y'll e J
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 21: Lt 57, Trs 56 &
58A: Bayfront to La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE;
ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Tim J. & Mary C.
Gomez, ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID
OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING
THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN
TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO
COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM
THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS
BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S);
ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO
SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE
CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER
PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-
472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to
be composed of the Building Official or his duly authorized representative, the Fire Chief or his
duly authorized representative, the Fire Marshal or his duly authorized representative; and
WHEREAS, Section 82-474 (a) provides that:
Whenever it shall come to the attention of the Board or any member thereof, by reason of
the carrying out of the necessary duties of such member, or by reason of a complaint of any
citizen of the City or of the City Council, that a dangerous building exists, the Board shall make
a thorough inspection of such building( s); and
WHEREAS, Section 82-474 (e) provides that:
After the inspection provided for in this Section has been made, with or without the aid of
experts, the Board shall report its conclusion in writing to each of the members of the City
Council and to the City Attorney. Such report shall state the circumstances and the condition of
the building(s) upon which such conclusion was based. The report shall be filed in all cases no
matter what conclusion is stated by the Board; and
WHEREAS, it has heretofore come to the attention ofthe Board that the building(s)
located on Blk 21: Lt 57, Trs 56 & 58A: Bavfront to La Porte, which is further described as 704
South Holmes, Harris County, Texas, has, for the reason of neglect or misuse, been allowed to
Ordinance No. 2009-
Page 2
deteriorate into a condition of decay or partial ruin or has become a public nuisance or hazard, as
defined in Section 82-473 of the Code of Ordinances of the City of La Porte; and
WHEREAS, said Board has heretofore made and filed its written report, June 26.
2009 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record owner(s)
of said property, Tim J. & Mary C. Gomez, whose address is 704 South Holmes St.: La Porte.
TX 77571-5831, and Tim J. Gomez, whose address is 1026 South 6th St. #16: La Porte. TX
77571, that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM
on August 10.2009 at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La
Porte, Texas, at which time the Council would hear evidence for and against the conclusions of
the Board;
WHEREAS, the City Secretary has heretofore served notice of said hearing upon said
owner(s), by registered mail, return receipt requested, which return receipt indicated that said
owner(s) received said notice on July 21. 2009 (South 6th Address) and Post Office forwarded to
P.o. Box 365. La Porte. TX 77572-0365 on July 27.2009 (South Holmes Address), a date more
than ten (10) days before the date set for said hearing;
WHEREAS, at said date, time, and place, City Council met in regular session to conduct
such public hearing, at which time evidence was presented both for and against the conclusions
of the Board; that such hearing was continued for 60 days, to October 12,2009, and on that date
the hearing was continued for another 60 days, to December 14,2009, and on that date the
hearing was continued for another 30 days, to January 25,2010;
WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the
termination of the hearing, is required to make its decision in writing and enter its order; and
WHEREAS, City Council entered its order on January 25.2010 a day which is within
fifteen (15) days after the termination of the hearing; NOW THEREFORE:
Ordinance No. 2009-
Page 3
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and
orders of the City Council of the City of La Porte, based upon the evidence presented at said
hearing.
Section 2. Based on the evidence presented at said hearing, the City Council hereby
adopts the attached report of the Board, in full, and incorporates such by reference herein as fully
as though set out herein.
Section 3. The City Council hereby finds, determines and declares such building(s)
to be a nuisance, and orders such building( s) condemned.
Section 4. The City Council hereby finds, determines and declares that Tim J. &
Mary C. Gomez, who resides at 704 South Holmes St.; La Porte. TX 77571-5831 and Tim J.
Gomez, who resides at 1026 South 6th St. #16; La Porte. TX 77571, and are the record owner(s)
of the property on which this building is situated, and that as such record owner(s), the said Tim
J. & Mary C. Gomez have been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said Tim J. & Mary C. Gomez to
entirely remove or tear down such building(s), and further orders the said Tim J. & Mary C.
Gomez to commence such removal within ten (10) days from the effective date of this
Ordinance, and to complete said removal or demolition within thirty (30) days from the effective
date of this ordinance.
Section 6. The City Council hereby orders the Board of the City of La Porte to cause
a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more
conspicuous places on the exterior of the building(s), which notice or notices shall not be
removed or defaced by any person, under penalty oflaw.
Section 7. The City Council hereby orders the City Secretary to forward a certified
copy of this Ordinance, to the record owner(s) of said property, the said Tim J. & Mary C.
Gomez. by registered mail, return receipt requested.
Section 8. Should the said Tim J. & Mary C. Gomez not comply with the orders
contained in this Ordinance relating to the removal or demolition of such building( s) within
Ordinance No. 2009-
Page 4
thirty (30) days after hereof, then the Board of the City of La Porte shall enter upon the said
premises with such assistance as it may deem necessary, and cause the said building(s) to be
removed or demolished without delay, and the expenses of such procedure shall be charged
against the said Tim J. & Mary C. Gomez record owner(s) of said property, and shall thereupon
become a valid and enforceable personal obligation of said owner of such premises, and the said
Board shall carefully compute the cost of such removal or demolition, which cost shall be
hereafter assessed against the land occupied by such building(s), and made lien thereon.
Section 9. The City Council officially finds, determines, and recites and declares that
a sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the time
required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551,
Texas Government Code; and that this meeting has been open to the public as required by law at
all times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the.) jL day of 72J f1 ua r y , 2010.
CITY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
PA5~e P.e fit f't/
AP~ r /l~-
i Attorney
ACTION OF CITY COUNCIL
On this, the day of " the City Secretary of the
City of La Porte, having received the above and foregoing report from the Dangerous
Building Inspection Board of the City of La Porte, the City Secretary of the City of La
Porte is hereby ordered to notify the owner in writing in accordance with the provisions
of the City's Code of Ordinances Article VIII, Section 82-478.
CITY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the day of , _, I mailed a
notice to the above named owner, in connection with the above referenced property, said
notice being in accordance with City's Code of Ordinances Article VIII, Section 82-478.
A copy of said notice is attached hereto. Said notice included a copy of the Dangerous
Building Inspection Form attached hereto.
Martha Gillett, TRMC, CMC
City Secretary
S:\City Planning Share\04-INSPECTIONS DIVISION\ALL OTHER STUFF\Code Enforcement\Dang
Buildings\Action by City Council Form.doc
City of La Porte
DANGEROUS BUILDING INSPECTION FORM
DATE:
June 26. 2009
STREET ADDRESS:
401 N 6TH ST
HCAD OWNER:
GEORGE EUGENE RILEY: 904 S KANSAS ST. LA PORTE. TX 77571-5808
DEED OWNER: EUGENIA MAE RILEY C/O GEORGE EUGENE RILEY:
904 S KANSAS ST. LA PORTE. TX 77571-5808
LEGAL: LOTS 17. 18. BLK 91: LA PORTE
OCCUPANCY TYPE: RESIDENTAL
ZONING: R-I
NON-CONFORMING ISSUES:
N/A
ELECTRICAL:
o
o
SEWER:
FACILITIES A V AILABLE: WATER:
GAS:
~
~
NO.OF DWELLING UNITS:
VACANT:
o
OCCUPIED:
AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF
INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED
THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR
THE FOLLOWING REASONS:
Sec. 82-473. Declaration of Public Nuisance and Hazard.
A. Dangerous or Substandard Buildings or Structures.
A building or structure shall be considered dangerous or substandard whenever it is
determined by the Board, that any or all of the following is applicable:
Ii) I. A building that is vacant, and is not up to current building code standards. These vacant buildings
can be either open to trespass or boarded up;
iii 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by
any other cause to such an extent that the structural strength or stability thereof is materially less than it was
before such catastrophe and is less than the minimum requirements of the building code for new buildings of
similar structure, purpose or location;
3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached
or dislodged, or to collapse and thereby injure persons or damage property;
4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation,
deterioration, or decay; (b) faulty construction; ( c) the removal, movement or instability of any portion of the
ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its
foundation, or (e) any other cause, is likely to partially or completely collapse;
o 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe
for the purpose of which it is being used;
DANGEROUS BUILDINGS INSPECTIONS FORM PAGE 2
Ii) 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or
has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as
to (c) enable persons to resort thereto for the purpose of committing unlawful acts;
121 7. Whenever a building or structure, used or intended to be used for dwelling purposes,
because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for
human habitation or in such a condition that is likely to cause sickness or disease;
Ii) 8. Whenever any building or structure, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas
connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard;
B. Dangerous or substandard electrical, plumbing, or mechanical installations.
A building or structure shall be considered dangerous or substandard
whenever it is determined by the Board, that any or all of the following is applicable:
1. Whenever any protective or safety device specified in The Electrical Code and of this
title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to
function as originally intended;
fail or
2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or
decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use
constitutes a hazard to life, health, property or safety;
Ii) 3. Whenever any installation or any portion thereof which is damaged by fire, wind,
earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or
safety;
Ii) 4. Whenever any installation or any portion thereof was constructed, installed, altered or
maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life,
health, property or safety.
FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION:
SELECT OPTION #: 1. (REPAIRABLE - RESIDENTIAL)
IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS. THE 2006 INTERNATIONAL
RESIDENTIAL CODE AND THE 2008 NATIONAL ELECTRICAL CODE. AS ADOPTED. AMENDED AND ENACTED
BY CITY ORDINANCES #04-2700. #96-2700-K AND #96-2079-L. USING THE REGULATIONS AND CODE AS
ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS
IN FACT DANGEROUS. BUT STILL REPAIRABLE. AL REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE
IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR
ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION
82-478. IT IS THEN THE OPINION OF THE BOARD THAT THIS BUILDING BE DEMOLISHED.
X
BUILDING OFFICIAL'S OFFICE
DATE
X
FIRE MARSHAL'S OFFICE
DATE
X
FIRE CHIEF'S OFFICE
DATE
I. STRUCTURAL
A. Foundation
1. Slab
2. Pier & Beam
a. Footings
b. Sills
c. Joists
B. Walls
1. Exterior
2. Interior
Means of Egress
1. Doors
a. Interior
b. Exterior
2. Porches, Steps,
Stairs
3. Windows
D. Roof
1. Rafters
2. Deck, Shingles
E. Ceilings
1. Joists
2. Ceiling
F. Floors
G. Other
II. MEHCANICAL SYSTEMS
A. Electrical
1. Service Entrance
& Panel
2. Wiring
3. Lights, Switches
4. Outlets
5. Other
B. Plumbing
1. Fixtures
a. Sink
b. Lavatories
c. Water/Closets
d. Tub/Shower
e. Water Heater
2. Water Piping
3. Drain, Waste
& Vent
4. Sewer/Septic tank
5. Gas System
C. Heating & AlC
1. Heating
2. Air Conditioning
III. PROPERTY CONDITIONS
1. Accessory Structures N/A
2. Condition of Grounds .!L-
3. Other
Comments: Date of Fire October 12. 2005
DANGEROUS BUILDINGS INSPECTIONS FORM
A = Adequate
PAGE 3
BUILDING EVALUATION CHECKLIST
D = Deficient
N/A = Not Applicable
COMMENT / EXPLANATION
UNK
UNABLE TO INSPECT
N/A
N/A
N/A
N/A
N/A
N/A
UNK
UNK
UNABLE TO INSPECT
UNABLE TO INSPECT
UNK
UNK
UNABLE TO INSPECT
UNABLE TO INSPECT
A--
A--
L-
L-
FIRE DAMAGE
POOR CONDITION
UNK
L-
A--
N/A
UNABLE TO INSPECT
HOLES VISIBLE THRU 1 WINDOW /DOOR
N/A
.!L-
UNK
UNK
UNK
N/A
NO DEADFRONT; BROKEN CONDUIT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
N/A
UNK
UNK
UNK
UNK
UNK
UNK
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNK
UNK
UNK
UNABLE TO INSPECT
UNABLE TO INSPECT
UNABLE TO INSPECT
UNK
UNK
UNABLE TO INSPECT
UNABLE TO INSPECT
N/A
WEEDS, DEBRIS & DOWNED TREE
02-2004 Rev.
S:\CPShareIINSPECTION DIVISIONlALL OTHER STUFF\Code EnforcementlDang BuildingslDANG BLDG /NSP FORM2.doc
ORDINANCE NO. 2009- 3/1 t 5'
~ l:c r4e CUi tft3 </--
Cllir1OJ1ct ftJ k
~t)<<--i;/ltltc1 3/ ~J I (
AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Blk 91: Lots 17. 18. La
Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH
BUILDING(S) CONDEMNED; FINDING THAT George Eugene Riley and Eugenia Mae Riley
c/o George Eugene Riley. ARE THE RECORD OWNER(S) OF SAID PROPERTY;
ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH
BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR
DEMOLITION WITHIN TEN (1 0) DAYS FROM THE EFFECTIVE DATE OF THIS
ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN
THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING
THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID
BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS
ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID
BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN
THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW.
WHEREAS, the City Council of the City of La Porte, passed and approved Section 82-
472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to
be composed of the Building Official or his duly authorized representative, the Fire Chief or his
duly authorized representative, the Fire Marshal or his duly authorized representative; and
WHEREAS, Section 82-474 (a) provides that:
Whenever it shall come to the attention of the Board or any member thereof, by reason of
the carrying out ofthe necessary duties of such member, or by reason of a complaint of any
citizen of the City or of the City Council, that a dangerous building exists, the Board shall make
a thorough inspection of such building( s); and
WHEREAS, Section 82-474 (e) provides that:
After the inspection provided for in this Section has been made, with or without the aid of
experts, the Board shall report its conclusion in writing to each of the members of the City
Council and to the City Attorney. Such report shall state the circumstances and the condition of
the building(s) upon which such conclusion was based. The report shall be filed in all cases no
matter what conclusion is stated by the Board; and
WHEREAS, it has heretofore come to the attention of the Board that the building(s)
located on Blk 91: Lots 17. 18. La Porte. which is further described as 401 N 6th Street. Harris
County, Texas, has, for the reason of neglect or misuse, been allowed to deteriorate into a
Ordinance No. 2009-
Page 2
condition of decay or partial ruin or has become a public nuisance or hazard, as defined in
Section 82-473 of the Code of Ordinances of the City of La Porte; and
WHEREAS, said Board has heretofore made and filed its written report, June 26.
2009 finding said building to be in fact a dangerous building;
WHEREAS, City Council received such report, and ordered notice to the record owner(s)
of said property, George Eugene Riley, whose address is 904 S Kansas St.: La Porte. TX 77571-
5808 and Eugenia Mae Riley c/o George Eugene Riley, whose address is 904 S Kansas St.: La
Porte. TX 77571-5808. that a hearing as provided in Section 82-477 of said Ordinance would be
held at 6:00 PM on August 10. 2009 at 604 W. Fairmont Parkway, at the Council Chambers,
City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and
against the conclusions of the Board;
WHEREAS, the City Secretary has heretofore served notice of said hearing upon said
owner(s), by registered mail, return receipt requested, which notices were "undelivered". Post
Office attempted (2) deliveries by 7-22-09 (George E. Riley) & Post Office attempted (2)
deliveries by 7-23-09 (Eugenina M. Riley % George E. Riley). a date more than ten (10) days
before the date set for said hearing;
WHEREAS, at said date, time, and place, City Council met in regular session to conduct
such public hearing, at which time evidence was presented both for and against the conclusions
ofthe Board; that such hearing was continued for 60 days, to October 12,2009, and on that date
the hearing was continued for another 60 days, to December 14, 2009; and on that date the
hearing was continued for another 30 days, to January 25,2010;
WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the
termination of the hearing, is required to make its decision in writing and enter its order; and
WHEREAS, City Council entered its order on January 25.2010 a day which is within
fifteen (15) days after the termination of the hearing; NOW THEREFORE:
Ordinance No. 2009-
Page 3
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and
orders of the City Council of the City of La Porte, based upon the evidence presented at said
hearing.
Section 2. Based on the evidence presented at said hearing, the City Council hereby
adopts the attached report of the Board, in full, and incorporates such by reference herein as fully
as though set out herein.
Section 3. The City Council hereby finds, determines and declares such bui1ding(s)
to be a nuisance, and orders such bui1ding(s) condemned.
Section 4. The City Council hereby finds, determines and declares that George
Eugene Riley, who resides at 904 S Kansas St.; La Porte, TX 77571-5808 and Eugenia Mae
Riley c/o George Eugene Riley, who resides at 904 S Kansas St.; La Porte, TX 77571-5808 and
are the record owner(s) of the property on which this building is situated, and that as such record
owner(s), the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley have
been duly and legally notified of those proceedings.
Section 5. The City Council hereby orders the said George Eugene Riley and
Eugenia Mae Riley c/o George Eugene Riley to entirely remove or tear down such bui1ding(s),
and further orders the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene
Riley to commence such removal within ten (10) days from the effective date of this Ordinance,
and to complete said removal or demolition within thirty (30) days from the effective date of this
ordinance.
Section 6. The City Council hereby orders the Board of the City of La Porte to cause
a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more
conspicuous places on the exterior of the bui1ding(s), which notice or notices shall not be
removed or defaced by any person, under penalty oflaw.
Section 7. The City Council hereby orders the City Secretary to forward a certified
copy of this Ordinance, to the record owner( s) of said property, the said George Eugene Riley
and Eugenia Mae Riley c/o George Eugene Riley. by registered mail, return receipt requested.
Ordinance No. 2009-
Page 4
Section 8. Should the said George Eugene Riley and Eugenia Mae Riley c/o George
Eugene Riley not comply with the orders contained in this Ordinance relating to the removal or
demolition of such bui1ding(s) within thirty (30) days after hereof, then the Board of the City of
La Porte shall enter upon the said premises with such assistance as it may deem necessary, and
cause the said bui1ding(s) to be removed or demolished without delay, and the expenses of such
procedure shall be charged against the said George Eugene Riley and Eugenia Mae Riley c/o
George Eugene Riley, record owner(s) of said property, and shall thereupon become a valid and
enforceable personal obligation of said owner of such premises, and the said Board shall
carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed
against the land occupied by such bui1ding(s), and made lien thereon.
Section 9. The City Council officially finds, determines, and recites and declares that
a sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the time
required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551,
Texas Government Code; and that this meeting has been open to the public as required by law at
all times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 10. This Ordinance shall take effect and be in force from and after its passage
and approval.
PASSED AND APPROVED this the
day of
, 2010.
CITY OF LA PORTE
By:
ATTEST:
Mayor
City Secretary
APTt:
~T~
City Attorney
ACTION OF CITY COUNCIL
On this, the day of " the City Secretary of the
City of La Porte, having received the above and foregoing report from the Dangerous
Building Inspection Board of the City of La Porte, the City Secretary of the City of La
Porte is hereby ordered to notify the owner in writing in accordance with the provisions
of the City's Code of Ordinances Article VIII, Section 82-478.
CITY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
CITY SECRETARY'S CERTIFICATE
I hereby certify that on the day of , _, I mailed a
notice to the above named owner, in connection with the above referenced property, said
notice being in accordance with City's Code of Ordinances Article VIII, Section 82-478.
A copy of said notice is attached hereto. Said notice included a copy of the Dangerous
Building Inspection Form attached hereto.
Martha Gillett, TRMC, CMC
City Secretary
S:\City Planning Share\04-INSPECTIONS DIVISION\ALL OTHER STUFF\Code Enforcement\Dang
Buildings\Action by City Council Form.doc
704 SOUTH HOLMES
BEFORE ORIGINAL
AUGUST 10, 2009 PUBLIC HEAf
~"~ .~~
704 S HOLMES
CURRENT STATUS
JANUARY 14, 2010
401 NORTH 6TH ST
BEFORE ORIGINAL
AUGUST 10, 2009 PUBLIC HEARl
AND CURRENT STATUS
8
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Januarv 25. 2010
Appropriation
Requested By: John Joerns, Asst. City Mana2er
Source of Funds: LPDC
Department: Administration
Account Number: 015-9892-960-1100
Amount Budgeted: $948,000 *
Report:
Resolution:
Ordinance:
Exhibits: Conceptual Drawings
Amount Requested: $714,403
Exhibits: Consultant's Recommendation
Budgeted Item: Yes No
Exhibits: Rid Tahlllation
Exhibits: Project Stars Information
* includes Economic Alliance Contribution
SUMMARY & RECOMMENDATION
La Porte Development Corp. and City Council previously received presentations from the Economic Alliance regarding
the "Gateway Project" which is an element of "Project Stars and the City's Comprehensive Plan recommendations on
Beautification." Several conceptual drawings were reviewed and the enclosed pictures represent Council's approval.
Additionally, the Economic Alliance is providing $98,000 in grant money for the project. Subsequently, in December
2008, the La Porte Development Corp. and City Council approved the contract with Knudson, LP for design of the towers,
parking lot/alley paving, building fa9ade improvements and associated site improvements/landscaping.
At the December 14,2009 City Council Meeting there were questions raised regarding placement of the grease trap. After
further review we are recommending the following approach:
· Delete grease trap and associated piping from the award ($8,077.00)
· Extend the city's main in the alley (City forces) by approximately 15ft; placing a stub out and cap leading to a
sidewalk area at the northwest corner of the building.
This will provide a location for a future grease trap and leave the other existing tap available for domestic waste.
Bids were opened on December 3,2009. Ten contractors submitted bids. The low bid of $657,530 was submitted by RAM
Design-Build. The bid tabulation and Knudson's recommendation is enclosed. The recommendation is to award the
contract with change order no. 1 deleting the grease trap.
The estimated expenditures for this construction contract are:
· Construction contract with RAM Design-Build
· Contingency (10% of Construction)
TOTAL
$649,453.00
64.950.00
$714,403.00
Action Reauired bv Council:
Consider approval of a construction contract and change order no. 1 with RAM Design-Build in the amount of $649,453
uthorize a contingency of$64,950 for a total authorization of$714,403.00.
I (/.B ;",
Date
K
n
u
d
s
o
n
8588 Katy Freeway
Suite 441
Houston, TX 77024
713-463-8200
infonnatfon@knudsonservices,com
December 8, 2009
City of La Porte
604 W, Fairmont Parkway
La Porte, TX 77571
Attention: Mr, John Joerns
Assistant City Manager
City of La Porte
Reference: La Porte - Architectural Gateway
Subject: Contract Award
Dear Mr, Joerns:
Competitive bids for the La Porte - Architectural Gateway project, Bid No. 10007, were received and
opened at 2:00 pm on December 8,2009. Ten bids were received with Total Bid Prices ranging from
$657,530.00 to $846,000.00. RAM Design Build Corporation submitted the low bid price of
$657,530.00.
Knudson, LP has reviewed all of the bids submitted and bid tabulations. No discrepancies were found
in the bids submitted.
The following is a list of bids for the above referenced project. The Grand Total Bid Amount is listed
below, They are listed from low to high in respect to total bid amount.
Subtotal Base Bid Price:
RAM Design Build Corporation
JC Stonewall
Cox Commercial Construction
Millis Development and Construction
Hull & HuH, Inc.
D. L Meacham
Civil Concepts
Jerdon Enterprises
Comex Corporation
Four Seasons Development
$657,530.00
$662.113.00
$665,000.01
$708,599.00
$761,172,00
$765,172,00
$779,661,00
$798,798,00
$805,000,00
$846,000.00
Upon review of these bids, phone conversations with references, and past project experience, we
recommend that the City of La Porte accept the Total Bid Price from RAM Design Build Corporation, in
the amount of $657,530.00.
Attached is a list of the bids for the above reference project.
Please call me at 713.932,8011 if you have any questIons or comments.
Sincerely J
Knudson,LP
~- M.~
Chris McBride
Project Manager
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COLLABORATIVE
EFFORT
THE ECONOMlC ALLlANCE HOUSTON PORT REGlON
BAYTOWN SEABROOK
CHANNELVIEW SHELDON
DEER PARK SOUTH HOUSTON
EAST END _ HARRISBURG NORTH SHORE
GALENA PARK LA PORTE
JACINTO CITY PASADENA
MORGAN'S POINT PEARLAND
SOUTH BELT _ ELLINGTON SHOREACRES
A
AND
COMMISSIONER SYLVIA R. GARCIA
HARRIS COUNTY PRECINCT 2
------- ...
Project Stars™ is a collaborative effort that brings together the port region com-
munities of East Harris County (Precinct Two). This effort resulted in a Master Plan
utilizing tools such as innovative urban landscaping, unique image enhancement
techniques, and strategic economic development focusing on untapped historical
resources. This Master Plan was created over a two year period and currently targets
enhancements for 26 historic sites on major corridors.
Precinct Two represents nearly one million people living in the most populous county
in Texas, and is represented by Commissioner Sylvia R. Garcia. Generally located
between Houston's 1-45 on the west, Interstate 10 on the north, Galveston Bay on the
east, and Clear Lake on the south, the precinct is larger than five states. Commis-
sioner Garcia was elected in 2002 after having served Houston as its City Controller
and also Chief Judge of its Municipal Courts.
In her first term as Commissioner, she coordinated an Economic Summit to capitalize
on the strength of East Harris County's strong business environment and its people.
As a result, The Economic Alliance Port Houston Region was charged with devel-
oping a quality of life strategic plan that would encourage growth, spur economic
development, and bring history related tourism to the area. This vision became the
centerpiece of Commissioner Garcia's Master Plan for Precinct Two, with a partnering
approach that provided a foundation of powerful collaboration.
"A Commissioner's role is like that of any other executive; the key to success is not
only in planning, but in identifying expertise, then delegating. Project Stars was no
exception. "
The Economic Alliance was well equipped to accept the challenge. Originally
founded as the Southeast Harris County Economic Development Council (SEED) in
1985, the organization was revamped in early 2004 under the current name. Today, it
is armed with the mission to market and grow a vibrant regional economy by uniting
talents, exerting influence, and creating synergies. The Economic Alliance is funded
by private business and chamber of commerce memberships, and contracts with 15
cities, the Port of Houston, and Harris County.
The Project Stars Master Plan emerged after conducting analysis, research, bench-
marking and gathering community feedback over a two year period. Among the
plan's first goals was the creation of the San Jacinto Texas Historic District. Mission
accomplished: it is now the newest and the 5th largest historic district in the state of
Texas.
An Economic Alliance volunteer task force shepherded the process that benefited
from the expertise of approximately 50 leaders and numerous agencies; and the num-
ber continues to grow. Our leaders have identified quality of life issues that capture
attention and the imagination. They strongly believe - and appreciate - that the ship
(;~~~l~dustries and international trade are recognized worldwide as comprising the
. , rgy c~pital of Texas and are the economic heartbeat of Precinct Two.
!)l4ies by the group indicated that the ship channel region was not known for its
'~~,j
l1<lce, when in reality, many hunclfeds of acres of parks are located within the
ct's borders, and many more parks projects are in active planning. Historic sites
rediscovered as amenities unique to the area. These "stars" - as they became
own in the Master Plan - do not exist anywhere else on the planet. Some have fall-
en into disrepair and will re-emerge. These and other findings of the two year study
were bundled into the Master Plan which calls for action, consistency, and governance
standards agreed upon by all the communities in the area.
Implementation of the 2006 goals - with the help of many stakeholders - include eco-
nomic research, the submission of three grant applications to the Texas Department of
Transportation, and the planting of more than 4,000 trees. All this is just the tip of the
iceberg. Or as we say in Precinct Two, the tip of the Stars.
"I am proud to have grown up in the shadow of the monument's star, a 220-ton lone star
that points the way to our region. From the Battle of San Jacinto to the playground of early
Houstonians, the Houston Port Region is steeped in history important t9the development
of Texas and the gulf coast. Our region welcomes old-timers and ne.w-comers alike to. come
and re-discover the gems and charm of the great golden plains of ~e Southeast region.
Keep your eye on the rising star in the East of Harris County Tex~s. "
Commissioner Jimmy Burke - Port of Houston Authority
"When 1 came into office I knew I wanted to create a "Recognizable Parks
East Harris County with all our connecting waterways and Green Space. Accordingly,
one of the focus areas at our Economic Summits focused on Quality of Life. By working
together, the Project Stars master plan emerged to integrate and align multiple initiatives.
After significant planning and research, we see the San Jacinto Texas Historic District as
an "asset" within our Precinct where we can "grow" the tourist economy at much higher
levels that ever before, while simultaneously improving our precinct's quality of life and
image. I am honored to help fund the initial endowment."
Commissioner Sylvia R. Garcia - Harris County Precinct 2
"The San Jacinto Texas Historical District contains the physical expression of the heritage
that every student of Texas history cherishes. Simultaneously within the same space is the
vibrant industrial setting that will preserve the future economic destiny of the Texas Gulf
coast. I am excited about the mission of this group who will marry these two great desti-
nies together for the collective benefit of the entire region."
Mayor Richard B. Ballanfant - City of West University
President of the Harris County Mayors and Councils Association
Senior Counsel- Shell Oil Company
"In historic times, signs posting "G.T.T." or "Gone To Texas" hung in windows all across
America advertising the flurry of migration to the promise out West. The Republic of
Texas changed the course of events for the entire United States. As Governor, I salute
the newly created "San Jacinto Texas Historic District" and the communities and county
leadership who collaborated to build the economic development Project Stars master plan.
Let's keep people gravitating to this great state in pursuit of the undeniably unique spirit
:hat can only belong to Texas."
Governor Rick Perry - State of Texas
A 501(c) 3 non-profit foundation is established to manage this effort and the funding. Tax deductible monetary
jonations now being accepted by the foundation. Please make your personal or corporate donation checks payable to
Alliance Project Stars
"Our board has been updated, involved and excited since the Economic Alliance and east communities began
working on the Project Stars Master Plan. Their efforts to bring consistent complimentary landscaping and sig-
nage for freeways within the newly formed San Jacinto Texas Historic District will enhance the experience for
those traveling through Houston to visit our local historical treasures."
Sarita Hixon - Chairma
e San Jacinto Museum Board of Trustees
"When driving through an
should not be compromised
workers want to work in nic
outside looking in."
rity and environmental protection
ive of the point that we as plant
, we place value on it from the
Eric Lookofsky - Operatio
Chairman of the Board
ger, Arkema Group, East Harris County Manufacturers Association
"When first consulted about "Project Stars" I quickly recognized the energy of everyone involved. Project Stars
compliments so many activities I have envisioned and worked for in our region for many years. I will continue to
work with our constituents to preserve the heritage of our unique area."
U.S. Congressman Gene Green - Texas District 29
Call The Economic Alliance at 832-864-4020 for more information or to learn how you can become involved.
Design and concept donated by John Manlove Marketing & Communications
ECOnO~lIiance
Houston Port Region
Economic Alliance Educational Foundation
3101 Nasa Parkway, Suite C
Seabrook, Texas 77586
ph 832.864.4020
fx 832.864.4023
www.allianceportregion.com
AGREEMENT
THIS AGREEMENT, made this 1 ST day of February , 2010 by and between
the CITY OF LA PORTE, hereinafter called "Owner", acting herein through its CITY
MANAGER and RAM Design Build Corporation
(Name of Contracting Firm)
Strike out inapplicable terms: (a corporation) (a-partFlersl;~) or (an..Jndi'/ieltlal -aoing
business as:) of, County of , and
State of Texas, hereinafter called "Contractor".
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR
hereby agrees with the OWNER to commence and complete the construction described as
follows:
La Porte - Architectural Gateway
hereinafter called the project, for the Total Price of
Six Hundred Fifty Seven Thousand Five Hundred Thirty Dollars and no cents
Dollars
($ 657,530.00 ) and all extra work in connection therewith, under the terms as
stated in the General and Supplementary Conditions of the Contract; and
Further, that the CONTRACTOR agrees, at his (its or their) own proper cost and
expense, to furnish all the materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and other accessories and services necessary to
complete the said project in accordance with:
A. The terms and conditions stated in the Proposal and in the General
Conditions, and Supplementary Conditions of this Contract; Scope of Work
B. The plans, which include all maps, plats, blue prints, and other drawings and
printed or written explanatory matter thereof; and
C. The Specifications and other contract documents therefore, as prepared by
the City of La Porte, all of which are made a part hereof and collectively evidence and
constitute the contract.
08-0990
00500 - 1
January 2010
The CONTRACTOR hereby agrees to commence work under this contract on or before a
date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the
project within 180 calendar days thereafter.
The CONTRACTOR further agrees to pay, as liquidated damages, the sum of $500
_for each consecutive calendar day thereafter as hereinafter provided in Paragraph SC-6 of
the Supplementary Conditions.
IN WITNESS WHEREOF, the parties to these present have executed this contract,
each of which shall be deemed an original, in the year and day first above mentioned.
City of La Porte
Name of Owner
SEAL
Ron Bottoms
Attest:
By: -1/J1~
Martha Gillett
City Manager
Title
City Secretary
Title
RAM Design Build Corporation
Name of Contracting-firm
t,J:; '!'t.~"
S EAL ~;~~~o,~u
"t'f ~,y;/
~'!1
~,"J
Witness
By: " - ~/' ~" ",'
Signatu.,r~ut'Cgrized Person
.' Presi~t
Title of Authorized Person
2650 Fountainview, 77057
Address and Zip Code
Approved as to Form:
/(/~ -r-IL~~
City Attorney
08-0990
00500 - 2
January 2010
9
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
January 25.2009
Bud!!:et
Requested By:
Tim Til'f:jl'm
Source of Funds:
N/A
Department:
PlauuiuK
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits:
Budgeted Item: YES
NO
Exhibits
SUMMARY & RECOMMENDATION
Staff presented a draft of this ordinance to Council on December 14,2009.
For reference, in 1987, the Clean Water Act was amended to include the National Pollution Discharge Elimination
System (NPDES) program, promulgated by the Environmental Protection Agency (EP A), which requires further
protection of U.S. waters by treating point and non-point source pollution in storm water discharges to the maximum
extent practicable. Addressed in two phases, phase 1 began in 1990 and applied to larger municipal separate storm
sewer systems (MS4) and 11 industrial categories including construction sites disturbing five or more acres. Phase 2
began in 2003 and applied to smaller MS4 (including La Porte in the 30,000 to 100,000 population category) and to
construction sites of one or more acres.
The TCEQ, through the State of Texas, has the responsibility of implementing the NPDES program to cities in both
phases, and in 2007, required the City of La Porte to generate a Storm Water Management Plan (SWMP) to
implement the program at the local level. Under the prepared plan, we are responsible for using each of the
following six minimum control measures (MCMs), identified as standardized Best Management Practices (BMPs).
1) Public Education and Outreach
2) Public Involvement in Storm Water Management Program Development
3) Illicit Discharge Detection and Elimination
4) Construction Site Storm Water Controls
5) Post Construction Storm Water Management for New DevelopmentJRedevelopment
6) Pollution Prevention/Good Housekeeping for Municipal Operations
We have entered into our third year of the five-year plan which requires that the city assume full control of the
program by August 2010 and pass a local ordinance which sets out construction process standards, assigns
additional departmental responsibilities, defines enforcement provisions and sets out BMPs. In the first two years of
the plan, the City continued to perform the MCM's 1-4 that were done in the past, through previously established
processes and requirements. The responsibility for all MCMs will now lie fully with the City as mandated by the
state. From the developer's perspective, the same things that the TCEQ has been requiring through their program
will continue to occur, but now they will be required by our program instead, as mandated by the TCEQ. We will be
responsible for generating annual reports to the TCEQ for monitoring purposes, but all day to day coordination will
be conducted by the city. The proposed ordinance addresses those requirements.
Action Required bv Council:
Consider approving an amendment to Chapter 34 "Environment" of the Code of Ordinances by adding Article VI,
"Sto ter Discharges" and amending Appendix-A, "Fees," and Appendix B, "Fines."
I IJo IhJ
Date
ORDINANCE NO. 2010- 3;.<) it-
AN ORDINANCE AMENDING CHAPTER 34, "ENVIRONMENT", OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, BY ADDING ARTICLE VI, "STORM
WATER DISCHARGES", AND AMENDING APPENDIX-A "FEES" AND APPENDIX-B,
"FINES", OF SAID CODE; PROVIDING FOR THE PENALTY OF A FINE NOT TO
EXCEED TWO THOUSAND DOLLARS FOR EACH VIOLATION, AND EACH DAY OF
VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City of La Porte hereby amends Chapter 34,
II Environment II , of the Code of Ordinances of the City of La Porte,
by adding Article VI, IIStorm Water Discharges II , a true and correct
copy of which is attached hereto as Exhibit IIAII, incorporated by
reference herein, and made a part hereof for all purposes.
Section 2. The City of La Porte hereby amends Appendix A,
II Fees II, of the Code of Ordinances of the Ci ty of La Porte, by
adding to Chapter 34, II Environment II , the following:
IIArticle VI. Storm Water Discharge
(a) SWQ Permit inspection fee
200.00 34-22711
Section 3. The City of La Porte hereby amends Appendix B,
II Fines II , of the Code of Ordinances of the City of La Porte, by
adding to Chapter 34, II Environment II , the following:
IIArticle VI. Storm Water Discharge
(a) Fine for violation of article..... 2,000.00 34-19111
Section 4. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this
Ordinance shall, for any reason, be held invalid, such invalidity
shall not affect the remaining portions of this Ordinance, and it
is hereby declared to be the intention of this City Council to
have passed each section, sentence, phrase, or clause, or part
thereof,
irrespective of the fact that any other section,
sentence, phrase, or clause, or part thereof, may be declared
invalid.
Section 5.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City Council
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 6.
This Ordinance shall be effective fourteen (14)
days after its passage and approval.
The City Secretary shall
give notice to the passage of the ordinance by causing the caption
to be published in the official newspaper of the City of La Porte
at least once wi thin ten (10) days after the passage of the
ordinance.
PASSED AND APPROVED,
this JsfI- day of ifAtAJ{Mr-V
I
, 2010.
2
By:
PORTE
(
ATTEST: \
~~!j!!!
, Mayor
City Secretary
APPROVED:
~1.~
Clark T. Askins, Assistant City Attorney
3
ARTICLE VI. STORM WATER DISCHARGES
EXHIBIT A
DIVISION 1. IN GENERAL
Sec. 34-190. Definitions.
As used in this article, the following terms shall have the meanings ascribed in this
section unless the context of their usage clearly indicates another meaning:
Accessory structure shall mean a non-commercial structure of the type typically
associated with a single-family residential dwelling unit, including, but not limited to, a garage,
carport or barn.
Applicant shall mean the owner of the land on which new development or significant
redevelopment will occur or his authorized agent.
CFR shall mean the Code of Federal Regulations, as it may be amended from time to
time.
Clean Water Act shall mean the federal Water Pollution Control Act, 33 D.S.C. S 1251, et
seq., as amended from time to time.
Commercial activity shall mean any profit or not-for-profit activity involved in the
manufacture, storage, transportation, distribution, exchange or sale of goods or commodities, or
the sale or lease of real property in the provision of professional or nonprofessional services, or
in the use of property for residential purposes other than single-family residential purposes.
Construction permit shall mean an official document or certification issued by either the
building official or the city engineer authorizing performance of a specified construction activity,
including, but not limited to, building permits, plumbing permits, electrical permits, HV AC
permits, lateral storm sewer permits, excavation permits, utility construction permits, paving
permits, demolition permits, and development permits.
Design manual shall mean the Public Improvement Criteria Manual of the City of La
Prote for Wastewater Collection Systems, Water Lines, Storm Drainage and Street Paving, as it
may be amended from time to time.
Developed parcel shall mean a parcel that is not undeveloped.
Development shall mean (i) any activity that requires a subdivision plat or site plan per
City of La Porte development criteria manual; (ii) the further subdivision of any reserve tract that
is part of a subdivision plat approved by the city planning commission; or (iii) any activity that
requires a construction permit.
1
Discharge shall mean the introduction or addition of any pollutant, storm water or other
substance into the MS4, or to allow, permit or suffer any such introduction or addition.
Discharger shall mean a person who causes or threatens to cause a discharge.
Dwelling unit shall mean a structure, or a portion of a structure, that has independent
living facilities including provisions for nontransient sleeping, cooking and sanitation.
EP A shall mean the Federal Environmental Protection Agency and any successor agency
thereto.
Home occupation shall mean a commercial activity conducted entirely in a dwelling unit
or accessory structure by a resident thereof that is incidental and secondary to the use of the
dwelling unit for residential purposes and does not change the character thereof.
Homeowners' Association shall mean an incorporated or unincorporated association
owned by or whose members consist primarily of the owners of the property covered by a
dedicatory instrument and through which the owners, or the board of directors or similar
governing body, manage or regulate the single-family residential subdivision that has as one of
its purposes the continued care and maintenance of all commonly-owned properties within the
subdivision, particularly the areas established for storm water quality controls, and the authority
and means to impose binding assessments upon the lot owners for that purpose.
Impervious surface shall mean any area that does not readily absorb water including, but
not limited to, building roofs, parking and driveway areas, compacted or rolled areas that are not
revegetated, sidewalks, and paved recreation areas.
Industrial activity certification or lAC shall mean a certification filed with the City.
Lot shall mean an undivided tract of land intended for single-family residential use
contained within a block and designated on a subdivision plat by alphabetical or numerical
designation.
Municipal separate storm sewer system or MS4 shall mean the system of conveyances
owned or operated by the city or any co-permittee of the city that is designed or used for
collecting or conveying storm water.
New development shall mean development of an undeveloped parcel of land one acre or
larger without regard to the amount of land that will actually be disturbed. The term does not
include development on an undeveloped and undivided parcel of five acres or more of one
dwelling unit and one or more accessory structures. The term also does not include a stormwater
detention basin that includes a water quality feature.
2
Non-structural control shall mean a maintenance or operational practice designed to
prevent or reduce the potential of storm water runoff contact with pollution-causing activities.
Notice of intent or NO! shall mean a notice of intent that is required by the TPDES
General Permit No. TXR150000 (construction more than one acre) or TXR 50000 (Industrial
activities), the EPA NPDES General Permit for Storm Water Discharges From Construction
Activities in Region 6, or any similar general permit to discharge storm water associated with
industrial or construction activity that is issued by the EP A or TCEQ.
Notice of termination or NOT shall mean the notice of termination that is required by the
TPDES General Permit No. TXRl50000 (construction more than one acre) or TXR 50000
(Industrial activities), the EPA NPDES General Permit for Storm Water Discharges From
Construction Activities in Region 6, or any similar general permit to discharge storm water
associated with industrial or construction activity that is issued by the EP A or TCEQ.
NPDES shall mean National Pollutant Discharge Elimination System.
NPDES permit shall mean a permit issued by the EP A (or by the state under authority
assumed pursuant to Section 1342(b) of Title 33 of the United States Code) that authorizes the
discharge of pollutants to waters of the United States, whether the permit is applicable on an
individual, group, or general basis.
Parcel shall mean a contiguous piece of land that is under common ownership or control
or that is part of a larger common plan of development or sale.
Person shall mean an individual, corporation, organization, governmental entity, business
trust, partnership, association, or other legal entity, or an agent or an employee thereof.
Pol/utant shall mean, but shall not be limited to, dredged spoil, solid waste, incinerator
residue, sewage, garbage, sewage sludge, filter backwash, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt,
and other material discharged into the MS4 or any waters of the United States.
Pol/ution shall mean the alteration of the physical, thermal, chemical or biological quality
of, or the contamination of, any waters of the United States that renders the water harmful,
detrimental or injurious to humans, animal life, vegetation or property or to public health, safety
or welfare, or impairs the usefulness or public enjoyment of the water for any lawful or
reasonable purpose.
Public utility shall mean a water line, sanitary sewer, storm sewer, pump station or lift
station in a public right-of-way that is or will be owned and operated by the city or other political
subdivision of the state for public purposes.
3
Publicly owned treatment works or POTW shall mean any device or system used in the
treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a
liquid nature that is owned by the state or a municipality, and includes sewers, pipes, or other
conveyances only if they convey wastewater to a POTW.
Representative storm event shall mean a storm event that is greater than one-tenth of an
inch in magnitude and that occurs at least 72 hours after the previously measurable (greater than
one-tenth of an inch rainfall) storm event.
Significant redevelopment shall mean changes of one acre or more to the impervious
surface on a five acre or larger developed parcel, but does not include a stormwater detention
basin that includes a water quality feature.
Single-family residential shall mean the use of a lot with one building designed for and
containing not more than two dwelling units.
Storm water management handbook for construction activities shall mean the Storm
Water Management Handbook for Construction Activities promulgated by the city, Harris
County and Harris County Flood Control District, as it may be amended from time to time.
Storm water discharges associated with construction activity shall mean storm water
discharges from construction activity, including clearing, grading, excavation and demolition
activities. The term does not include discharges from facilities or activities excluded from the
NPDES program under 40 CFR Part 122.
Storm water discharges associated with industrial activity shall have the meaning
provided in Section 122.26(b)(14) of Title 40 of the CFR, other than subsection (x) of that
Section.
Storm water quality management plan or SWQMP shall mean a plan prepared pursuant to
the requirements of division 2 of this article and the design manual.
Storm water quality permit or SWQ permit shall mean a current, valid permit issued
pursuant to division 2 of this article.
Structural control shall mean a structure or vegetative practice that is generally designed
to reduce pollutant levels in storm water runoff.
Structural control maintenance agreement shall mean an agreement entered into pursuant
to section 34-263 of this Code.
Structure shall mean that which is built or constructed, an edifice or building of any kind,
or any piece of work, including, but not limited to, a paved surface, that is artificially built up or
4
composed of parts joined together in some definite manner. The term does not include a street or
a public utility.
Substantial deviation shall mean a deviation that:
(1) Increases the designed flow rate by more than five percent;
(2) Increases or decreases the designed storage volume by more that five percent;
(3) Increases or decreases the designed water surface elevation by more than six
inches; or
SWQ permittee shall mean the holder of a SWQ permit.
SW3P shall mean Stormwater Pollution Prevention Plan.
Third-party agreement shall mean an agreement that satisfies the requirements of section
34-262(b) of this Code.
TCEQ shall mean the Texas Commission on Environmental Quality and any successor
agency thereto.
TPDES means the Texas Pollutant Discharge Elimination System that was assumed by
the state from the EPA pursuant to Section 1342(b) of Title 33 of the United States Code.
TPDES permit shall mean a permit issued by the TCEQ that authorizes the discharge of
pollutants to water in the state, whether the permit is applicable on an individual, group, or
general basis.
Type 1 facility shall mean a municipal landfill, a hazardous waste treatment, disposal and
recovery facility, a facility that is subject to Section 11023 of Title 42 ofthe United States Code,
as it may be amended from time to time, or any other industrial facility that the city determines is
contributing a substantial pollutant loading to the MS4.
Type 2 facility shall mean any other municipal waste treatment, storage or disposal
facilities (including, but not limited to, POTWs, transfer stations, and commercial incinerators)
or any other industrial or commercial facility the city believes is contributing a pollutant to the
MS4.
Undeveloped parcel shall mean a parcel on which there are no structures at the time that a
construction permit, subdivision plat or other city approval is applied for or required.
Waters of the United States shall mean all waters that are currently used, were used in the
past, or may be susceptible to use in interstate or foreign commerce; all interstate waters,
5
including interstate wetlands; all other waters the use, degradation or destruction of which would
affect or could affect interstate or foreign commerce; all impoundments of waters otherwise
defined as "waters ofthe United States" under this definition; all tributaries of water identified in
this definition; all wetlands adjacent to waters identified in this definition; and any other waters
within the federal definition of "waters of the United States" in Section 122.2 of Title 40 of the
CFR; but not including any waste treatment systems, treatment ponds, or lagoons designed to
meet the requirements of the Federal Clean Water Act.
Wetlands shall mean an area that is inundated or saturated by surface or ground water at a
frequency and duration sufficient to support and that under normal circumstances does support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs and similar areas.
Sec. 34-191. Penal provisions applicable.
(a) Any person who violates any provision of this article shall be guilty of an offense and
upon conviction thereof, shall be punished by a fine of not less than $250.00 nor more
than $2,000.00 for each violation. Each day in which any violation shall occur shall
constitute a separate offense. Prosecution or conviction under this section shall not
preclude any civil remedy or relief for a violation of this article.
(b) In addition to criminal prosecution, where applicable, the city shall have the right to seek
the judicial remedies provided in section 34-192 of this Code for any violation of this
article.
Sec. 34-192. Judicial provisions applicable.
(a) The city, acting through the city attorney or any other attorney representing the city, is
hereby authorized to file an action in a court of competent jurisdiction to:
(1) Enjoin any person from violating or threatening to violate the terms, conditions
and restrictions of any permit issued under this article;
(2) Enjoin the violation or threatened violation ofthe provisions of this article; or
(3) Recover civil penalties for violation of the terms, conditions and restrictions of
any permit issued under this article;
(4) Recover civil penalties for violation for the provisions of this article; or
(5) Recover damages from the owner of a parcel in an amount adequate for the city to
undertake any construction or other activity necessary to bring about compliance
with this chapter.
6
(b) The city, acting through the city attorney or any other attorney representing the city, is
hereby authorized to enter into agreements in lieu of litigation to achieve compliance
with the terms, conditions and restrictions of any permit issued under this article or the
provisions of this article.
The city's authority in Subsections (a) and (b) is in addition to all provisions of this Code relative
to the definition of offenses and the provision of penalties for violations of such offenses.
Sec. 34-193. Stop orders.
(a) Whenever any work authorized by a construction permit is being performed contrary to
the provisions of divisions 2 or 3 of this article, or other pertinent laws or ordinances
implemented through the enforcement of this article, the building official or the city
engineer may order the work (other than work to cure a violation) stopped by notice in
writing served on any persons performing the work or causing the work to be performed,
and any such persons shall forthwith stop the work until authorized by the building
official or the city engineer to proceed with the work.
(b) At the time a stop order is issued, the person performing the work and the permit holder
shall be given notice of a right to a hearing on the matter pursuant to section 116.2 of the
Building Code for permits authorized by that code or pursuant to section 34-197 of this
Code for all other construction permits. Upon request, such a hearing shall be held within
three business days unless the permit holder or person who was performing the work
requests an extension of time. Any stop order that has been issued shall remain in effect
pending any hearing that has been requested unless the stop order is withdrawn by the
building official or the city engineer.
Sec. 34-194. Nuisances.
An actual or threatened discharge to the MS4 that violates or would violate this article is
hereby declared to be a nuisance and shall be subject to enforcement pursuant to this Code.
Sec. 34-195. Emergency suspension of utility service and MS4 access.
(a) When the director of the department of public works determines that a person is causing
or threatening to cause a discharge to the MS4 or a publicly owned treatment work in
violation of this article that:
(1) Presents or may present an imminent and substantial danger to the environment or
to the health or welfare of persons; or
(2) Presents or may present an imminent and substantial danger to the MS4 or waters
of the United States;
7
the director or deputy director may, without prior notice, suspend city water service, sanitary
sewer service, and MS4 discharge access to the person causing or threatening to cause the
discharge when the director of the department of public works determines that the service or
access is an instrumentality of or contributes to the unlawful discharge and suspension is
necessary to stop the actual or threatened discharge.
(b) As soon as practicable after the suspension of service or MS4 discharge access, the public
works director shall notify the discharger of the suspension of service or access by
delivering notice by hand to the person in charge of the premises for which service is
terminated or access denied if such person is present on the premises. The director of
public works shall send a notice by certified mail, return receipt requested, to the person
and address identified in the city's water service records for the account at the property
for which service is suspended or access denied. If there is no water service account, the
director of public works shall send notice to the address of the owner of the property as
shown on the Harris County Appraisal District's appraisal roll. The notice shall specify
the basis for the suspension of service or access and shall order the discharger to cease
the discharge or threatened discharge immediately.
(c) If the discharger fails to comply with an order issued under subsection (b), the director of
public works may take such steps as the director of public works deems necessary to
prevent or minimize damage to the MS4 or waters of the United States or to minimize the
danger to persons.
(d) The city shall not reinstate suspended services or MS4 access to the discharger until:
(1) The discharger presents proof that the noncomplying discharge or threatened
discharge has been eliminated and its cause determined and corrected;
(2) The discharger pays the city for all costs the city incurred in responding to,
abating, and remediating the discharge or threatened discharge or otherwise
provides financial assurance to cover such expenses; and
(3) The discharger pays the city for all costs the city will incur in reinstating service
or access or otherwise provides financial assurance to cover such expenses.
( e) A discharger whose service or access has been suspended or disconnected may appeal
such enforcement action pursuant to section 34-197 by filing a written request with the
director of public works not later than the tenth day after the day the service is suspended
or the access denied.
(f) If the discharger does not pay the costs as provided by this section, the city shall be
entitled to a lien against the property that is the subject of the suspension of service or
access to recover its response costs pursuant to the procedures set out in section 34-197
of this Code.
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(g) The remedies provided in this section are in addition to any other remedies set out in this
article. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking
other action against a discharger.
(h) A person commits an offense ifthe person reinstates water service, sanitary sewer service
or MS4 access that has been terminated pursuant to this section without the prior written
approval of the director of public works.
Sec. 34-196. Non-emergency suspension of utility service and MS4 access.
(a) When the director of public works determines that a person is discharging or threatening
to discharge to the MS4 in violation of this article, the director of public works may
terminate city water supply, sanitary sewer connection and MS4 access to the person
discharging or threatening to discharge to the MS4 if the director of public works
determines that:
(1) The service or access is an instrumentality of or contributes to the unlawful
discharge or threatened discharge; and
(2) Termination would prevent, abate or reduce:
1. The discharge of a pollutant; or
11. The commission of any other act or activity which in itself or in
conjunction with any other discharge or activity causes, continues to
cause, or may cause pollution of any of the waters of the United States.
(b) The director of public works shall notify a discharger of the proposed suspension of its
water supply, sanitary sewer connection or MS4 access pursuant to this section before the
service is suspended or access denied. Notice shall be mailed, certified mail, return
receipt requested, to the name and address on the city water service records for the
account of the property where service is proposed to be suspended or access denied. If
there is no water service account, the director of public works shall send notice to the
address of the owner of the property as shown on the Harris County Appraisal District's
appraisal roll. The notice shall specify the basis for the proposed suspension of service or
access and shall order the discharger to cease the discharge or threatened discharge
immediately. The discharger may request a hearing prior to termination pursuant to
section 34-197 by filing a written request with the director of public works not later than
the tenth day after the day the notice is deposited in the mail. Upon timely receipt of a
request for a hearing, the city shall not suspend service or deny access until after the
hearing officer renders a decision authorizing the suspension of service or denial of
access. If the discharger does not request a hearing within the time specified, the city
shall suspend the service or deny the access as described in the notice.
9
(c) The city shall not reinstate suspended services or MS4 access to the discharger until:
(1) The discharger presents proof that the unlawful discharge or threatened discharge
has been eliminated and its cause determined and corrected; and
(2) The discharger pays the city for all costs the city will incur in reinstating service
or MS4 access or otherwise provides financial assurance to cover such expenses.
(3) The remedies provided by this section are in addition to any other remedies set
out in this chapter. Exercise of this remedy shall not be a bar against, nor a
prerequisite for, taking other action against a discharger.
(d) A person commits an offense if the person reinstates water service, sanitary sewer service
or MS4 access suspended pursuant to this section without the prior approval of the
director of public works.
Sec. 34-197. Appeals; hearing.
Any person whose permit is denied or revoked, whose water supply, sanitary sewer
connection or MS4 access has been terminated or may be terminated, or who is otherwise
aggrieved by a notice, action or decision by the director of public works or building official
undertaken pursuant to this article shall, upon written request, be entitled to a hearing to be
conducted by a hearing officer designated by the director of public works, who shall promulgate
rules for hearings. The decision of the hearing officer shall be final. For an appeal filed pursuant
to section 34-196, the hearing officer shall render a decision within five days after the close of
the hearing. Where time is of the essence, the aggrieved person may so advise and state the
reason therefore in the request and, to the extent reasonably warranted and allowed by the
circumstances, an expedited hearing of and decision on the issue shall be afforded.
Sec. 34-198. Compliance monitoring; methods.
(a) The director of public works shall have the right to install at a facility that discharges storm
water to the MS4, or to require the installation of, such devices as are necessary to conduct
sampling or metering of the discharger's operations.
(b) The director of public works may require any facility that the city engineer determines has
discharged or is discharging a pollutant or any substance that causes, continues to cause, or will
cause pollution, to conduct specified sampling, testing, analysis and other monitoring of its storm
water discharges. The director of public works may specify the frequency and parameters of any
required sampling or monitoring.
(c) The director of public works may require any facility that the director of public works
determines has discharged or is discharging a pollutant or any substance that causes, continues to
10
cause, or will cause pollution to install monitoring equipment as necessary at the discharger's
expense. The discharger, at its own expense, shall at all times maintain the facility's sampling
and monitoring equipment in a safe and proper operating condition. Each device used to measure
storm water flow and quality must be calibrated to ensure accuracy. The director of public works
may also require monitoring of non-storm water discharges if the director of public works
reasonably believes that such discharges violate the city's MS4 permit requirements.
(d) Upon written request of the director of public works, the facility shall submit in writing the
results of any sampling or monitoring undertaken pursuant to the requirements of this article.
(e) The facility shall maintain for three years the results of any monitoring undertaken pursuant
to the requirements of this article as well as any supporting documentation.
(f) All monitoring required by this article shall be performed in accordance with the
methodologies and protocols established in Chapter 319 of Title 30 of the Texas Administrative
Code, as amended from time to time.
Sec. 34-199. Regulations and forms authorized.
The director of public works and the building official shall jointly promulgate regulations
and forms regarding compliance with the requirements of this article. Such regulations and forms
shall be available:
(1) At the office of the director of public works; and
(2) At the office of the building official.
The regulations and forms established hereunder may be amended or supplemented from time to
time as is mutually agreeable to the director of public works and the building official.
Sec. 34-200. Cumulative effect.
(a) This article is cumulative of other requirements imposed by ordinances and regulations of
the city. To the extent of any inconsistency, the more restrictive provision shall govern.
(b) Any authorization granted by or any affirmative defense to a violation allowed pursuant
to this article does not excuse compliance with federal or state law or any other
provisions of this Code or any other city ordinance relating to the activities regulated by
this article.
Sec. 34-201. Remedies not exclusive.
11
The remedies listed in this article are not exclusive of any other remedies available under
any applicable federal, state or local law, and it is within the discretion ofthe city to seek
cumulative remedies. The suspension, revocation, cancellation, or denial of any permit issued
under this article shall not prohibit imposition of any civil or criminal penalty. The imposition of
a civil or criminal penalty shall not prohibit any other remedy and shall not prohibit the
suspension, revocation, or denial of any permit issued under this article.
Sec. 34-202. Access to facilities and records.
(a) When it is necessary to make an inspection to enforce the provisions of this article or to
inspect or investigate conditions related to water quality, an authorized city official may
enter a building or premises at reasonable times to inspect or to perform the duties
imposed by this article or to inspect or review records, reports, data, plans, or other
documents relating to compliance with this article or with any TPDES or NPDES storm
water permit. If the building or premises is occupied, credentials must be presented to the
occupant and entry requested. If the building or premises is unoccupied, the authorized
city official shall first make a reasonable effort to locate the owner or other person having
charge or control of the building or premises and request entry. Ifrefused, the authorized
city official shall have recourse to the remedies provided by law to secure entry.
(b) When, due to emergency, immediate entry is necessary to protect life or property, or
when the authorized city official shall have first obtained a proper inspection warrant or
other remedy provided by law to secure entry, no owner, occupant or any other person
having charge, care or control of any building or premises shall fail or neglect, after
proper request is made as herein provided, to promptly permit entry therein by the
authorized city official for the purpose of inspection and investigation pursuant to this
article or other laws relating to water quality.
(c) Any temporary or permanent obstruction to safe and easy access to a facility that is to be
inspected or sampled must be promptly removed by the discharger at the written or verbal
request of the city engineer and may not be replaced. The cost of clearing access to the facility
shall be borne by the discharger.
(d) The director of public works, city engineer, utility official, building official, health officer
or any city peace officer is hereby authorized to undertake the activities authorized by
this section.
Sees. 34-203-34-219. Reserved.
DIVISION 2. POST -CONSTRUCTION CONTROLS ON NEW DEVELOPMENT AND
SIGNIFICANT REDEVELOPMENT
Subdivision A. In General
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Sec. 34-220. Applicability.
(a) This division shall apply to new development and significant redevelopment within the
city (i) of any kind by a private individual or entity, except for the construction of major
thoroughfares and major collector streets designated on the City's Major Thoroughfare
and Freeway Plan and any public utilities in the rights-of-way for such thoroughfares and
streets, or (ii) of a structure, parking or storage area, or park or recreational facility by a
governmental entity.
(b) If the use of a parcel that was previously excluded from the definition of new
development because it was development on an existing undeveloped and undivided
parcel of five acres or more of one dwelling unit and one or more accessory structures
changes to a commercial activity that is not a home occupation, or the property is further
subdivided, the owner of the parcel shall at that time comply with all requirements of this
article.
(c) This division shall not apply to demolition authorized by action of City Council pursuant
to Chapter 82 of this Code..
Sec. 34-221. General requirements.
(a) Subject to the limitation in subsection (c) of this section, all new development and
significant redevelopment subject to this article shall either obtain and continuously
maintain a storm water quality permit or file an industrial activity certification. If a parcel
subject to the requirements of this section is located partially in the city and partially in
the unincorporated area of Harris County and storm water from any portion of the parcel
drains into the MS4, a SWQ permit or lAC shall be required for the parcel. If a parcel
subject to the requirements of this subsection is located partially in the city and partially
in the unincorporated area of a county other than Harris County, a SWQ permit or lAC
shall be required for the parcel.
(b) The SWQ permit is in addition to any other construction permit required for the new
development or significant redevelopment.
(c) Subject to the limitations in this subsection, the obligation to have and comply with a
SWQ permit shall continue in perpetuity and shall run with all the land covered by the
original SWQ permit. The owner of the land shall have the obligation to have and comply
with a SWQ permit unless that obligation is transferred to another person pursuant to this
Code. If pursuant to this Code the obligation to comply is transferred to a homeowners'
association or a person other than the city, the homeowners' association or the other
person shall have the obligation to maintain and comply with a SWQ permit. Ifpursuant
to this Code, the obligation to comply is transferred to the city, the obligation to obtain
and continuously maintain a SWQ permit for the land covered by the SWQ permit shall
cease.
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(d) For new development or significant redevelopment that includes, in whole or in part, the
platting of a single-family residential subdivision, a SWQ permit for the single-family
residential portion of the subdivision shall be obtained before the release of the plat for
recordation. For all other new development or any significant redevelopment, a SWQ
permit shall be obtained before the issuance of any construction permit for the new
development or significant redevelopment.
Sec. 34-222. Industrial activity certification.
If the new development or significant redevelopment occurs at a facility that either has or
will have permit coverage for storm water discharges from industrial activity issued by the state
before the industrial activity will commence, the operator shall either submit an industrial
activity certification in a form approved by the city engineer or obtain a SWQ permit. The
industrial activity certification shall include any of the following:
(a) A copy ofthe application for an individual permit from the state for storm water
discharges from industrial activity at the facility;
(b) A copy of the permit issued by the state for storm water discharges from industrial
activity at the facility;
(c) A copy ofthe NOI for coverage under a general permit for storm water discharges
associated with industrial activity issued by the state;
(d) A statement of commitment to file an application for an individual permit from
the state for storm water discharges from industrial activity at the facility; or
(e) A statement of commitment to file a NOI for coverage under a general permit for
storm water discharges associated with industrial activity issued by the state.
Sec. 34-223. Denial of plat recordation.
The planning and development department shall not release for recordation a subdivision
plat for new development or significant redevelopment consisting in whole or in part of single-
family residential lots that does not have a SWQ permit for the residential lots.
Sec. 34-224. Denial of construction permit.
(a) Neither the city engineer nor the building official shall issue any construction permit
required for new development or significant redevelopment that has not filed an lAC or
that has not obtained or is not in compliance with a SWQ permit.
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(b) If the SWQMP on which the SWQ permit is based includes one or more structural
controls, neither the building official nor the city engineer shall issue any construction
permit for streets, public utilities, demolition or storm water controls for all or part of the
new development or significant redevelopment unless the requirements of this article of
this Code have been met.
(c) If the SWQMP on which the SWQ permit is based includes one or more structural
controls, neither the building official nor the city engineer shall issue any construction
permit, except permits for streets, public utilities, demolition or storm water controls, for
all or part of the new development or significant redevelopment unless either:
(1) The city engineer has confirmed the proper installation of all structural controls
included in the SWQMP for all or that portion ofthe new development or
significant redevelopment and the SWQ permittee has satisfied the requirements
of this chapter; or
(2) The city has assumed maintenance of all structural controls included in the
SWQMP for all or that portion of the new development or significant
redevelopment.
(d) Ifthe SWQMP on which the SWQ permit is based does not include one or more
structural controls, neither the building official nor the city engineer shall issue any
construction permit for all or a part of the new development or significant redevelopment.
Sec. 34-225. Denial of utility connections.
The utility official shall not permit any new development or significant redevelopment to
receive any service from the city water distribution or wastewater collection systems unless, at
the time of the application for service, the new development or significant redevelopment has
and is in compliance with a SWQ permit or an industrial activity certification.
Sec. 34-226. Denial of certificate of occupancy.
(a) Except as provided in subsection (b) ofthis section, the building official shall not issue a
certificate of occupancy for any new development or significant redevelopment unless
the new development or significant redevelopment has and is in compliance with a SWQ
permit or an industrial activity certification
(b) Subsection (a) shall not apply if the city has assumed maintenance of all controls
specified in the SWQMP on which the SWQ permit is based.
15
Sec. 34-227. Fees.
(a) Applicants for a SWQ permit shall pay a fee for the processing of each application,
including inspections services rendered in accordance therewith. Fees shall be in an
amount established in Appendix-A "Fees" of this Code.
(b) Payment of any applicable fees when due is a condition of the processing of any
application, renewal, amendment or structural control maintenance agreement under this
article.
Sees. 34-228--34-239. Reserved.
Subdivision B. Storm Water Quality Permit Process
Sec. 34-240. Storm water quality permit application generally.
An applicant for a SWQ permit shall submit a storm water quality permit application on
the form specified by the city engineer, along with the application fee prescribed in Section 34-
227 of this article. The application shall include a storm water quality management plan that:
(a) Complies with the design manual;
(b) Includes a proposed inspection checklist, maintenance plan, and associated construction
drawings; and
(c) Is sealed by a professional engineer licensed as such in Texas.
Each application for a SWQ permit shall be accompanied by the applicable application fee.
Sec. 34-241. Bond.
(a) Except as provided in subsection (d), if the SWQMP includes structural controls, the
applicant shall provide a performance bond that satisfies the following requirements:
(1) The bond shall name the owner or operator of the parcel subject to the SWQ
permit as principal and a corporate bonding company licensed to conduct business
in the state as surety to secure the city that the proposed structural controls to be
covered by the bond will be constructed and installed in accordance with the
SWQ permit, the SWQMP, and any plans and specifications contained therein,
and securing the city against loss, damage, claim, or liability in connection
therewith.
(2) The bond shall be in a sum that includes at a minimum the total estimated costs of
the controls to be constructed.
16
(3) The bond shall be in favor of and for the use and benefit ofthe city.
(4) The bond shall describe, by reference to the number of the application together
with such other brief descriptive matter as is necessary, the work proposed to be
done or to be covered by the SWQ permit in connection with which the bond is
gIven.
(5) The bond required by this section shall be conditioned that the work therein
referred to will be performed in strict and full accordance with the terms and
provisions of the SWQ permit, the SWQMP, and the plans and specifications
therein; and that if any of the work is not performed in accordance therewith, or if
any materials not in accordance therewith are used in the process of such work,
such failure and default shall be promptly remedied and any defective material or
work removed and replaced with material and by workmanship in accordance
with the terms of the SWQ permit, the SWQMP, and plans and specifications
therein without cost or expense to the city up to the sum of the bond. The bond
must guarantee materials and workmanship for a period of one year after the city's
initial inspection that confirms proper installation of the controls.
(6) The bond shall provide that the surety company will notify the city in writing 30
days prior to a cancellation, nonrenewal, or material change in the policy. In the
case of nonrenewal or cancellation, the SWQ permittee shall then have 21 days
after the surety company's notice to the city to replace the coverage or the SWQ
permittee's SWQ permit shall be revoked after notice and the opportunity for a
hearing without further action on the part of the city.
(7) The bond shall be in a form approved by the city attorney and must be
accompanied by a power of attorney or other convincing evidence of the issuing
agent's authority to act for the surety company and must meet the requirements of
Article 7.19-1 (b) of the Insurance Code.
(8) The bond shall be furnished to the city prior to the issuance of a construction
permit for any construction on the parcel.
(b) The applicant must present to the city its estimate of the costs to construct the structural
controls included in the SWQMP, and the city will assess the reasonableness of the
estimate. If the city determines that the estimate is insufficient and the applicant does not
provide a substitute bond in an amount deemed sufficient by the city, the city shall deny
the SWQ permit that is supported by the bond.
(c) The bond shall be released one year after the date of the city's inspection that confirms
that the structural controls covered by the bond have been properly installed and are
performing as intended.
17
(d) A bond shall not be required if all structural controls will be completed and the
certifications required by section 34-261 (a) will be filed before any additional
construction, including the construction of streets and utilities, commences.
(e) Ifthe project is on public property, the owner or operator shall also provide a payment
bond to the city to secure the payment of mechanics, materialmen and suppliers liens.
Sec. 34-242. Issuance of SWQ permit.
(a) The city engineer shall review the SWQ permit application and the SWQMP and either
approve or deny the application based on compliance with the applicable provisions of
this article and the design manual. The city engineer shall also deny the application if any
statement made in the application or any documents submitted therewith were known to
be false or should have been known to be false by the applicant.
(b) The SWQ permit shall be issued to the owner ofthe land covered by the SWQ permit and
shall run with the land and be binding on all subsequent owners unless responsibility for
compliance has been transferred pursuant to section 34-262 ofthis Code.
(c) The applicant may seek a hearing for reconsideration of the denial of a SWQ permit
pursuant to section 34-197 of this article by filing a written request with the city engineer
not later than the tenth day after the applicant has been notified that the application has
been denied.
(d) The granting of a SWQ permit does not imply that federal or state storm water
management requirements or criteria have been met.
Sec. 34-243. Amendment of SWQ permit.
(a) An amendment to the SWQ permit is required in the following events:
(I) The person responsible for compliance with the SWQ permit changes either as a
result of:
(i) The transfer of ownership of the parcel to a different person; or
(ii) The transfer of the obligation to comply with this Code to a third-party
permittee pursuant to section 34-262 ofthis Code.
(2) Any substantial deviation is made to a structural control or any change is made to
a non-structural control in the SWQMP on which the SWQ permit is based; or
18
(3) The subsequent new development or significant redevelopment of any parcel
covered by that SWQ permit (unless the subsequent new development or
significant redevelopment has already been anticipated and provided for in the
SWQMP on which the SWQ permit is based).
(b) Applications to amend a SWQ permit to satisfy subsection (a)(l) ofthis section shall be
submitted within ten days after any such transfer to a subsequent owner or to a third-party
permittee. Amendments to a SWQ permit to satisfy subsections (a)(2) and (a)(3) of this
section must be obtained before commencement of the activity that triggers the need for
the amendment.
(c) An application to amend a SWQ permit to transfer the SWQ permit to a subsequent
owner or a third-party permittee shall include an attestation by the subsequent owner or
third-party permittee that he has read the SWQMP and agrees to adhere to the operation
and maintenance requirements specified therein.
(d) To amend a SWQ permit, the SWQ permittee must submit a revised SWQMP, including
any revisions to the inspection checklist, maintenance plan and associated construction
drawings, together with the appropriate form and amendment fee. The city engineer shall
review the amendment application and either approve or deny the amendment application
based on compliance with the applicable provisions of this article and the design manual.
(e) If the amendment includes the transfer of responsibility for compliance with this division
to a third-party permittee pursuant to section 34-262(b) of this Code, the legal agreement
documenting that transfer shall be referred to the city attorney for a determination of
whether the legal agreement is adequate to assure compliance. If the city attorney
determines that the legal agreement is not adequate and the applicant does not provide a
substitute legal agreement deemed adequate by the city attorney, the amendment
application shall be denied.
(f) The applicant may seek a hearing to reconsider the denial of an amendment to a SWQ
permit pursuant to section 34-197 of this Code.
Sec. 34-244. Revocation of SWQ permit.
(a) The city engineer shall revoke a SWQ permit after notice and opportunity for a hearing
pursuant to section 34-197 of this article if he finds that:
(1) The applicant knew or should have known that a statement made in the
application for the SWQ permit was false;
(2) The SWQ permittee has violated any provision of its SWQ permit or of this
division including, but not limited to, failure to amend a SWQ permit as required
by section 34-243 of this Code;
19
(3) The SWQ permittee or anyone acting on his behalf commits or threatens to
commit an act of violence against a city official either on or off the job for the
purpose of intimidating the official so that he will not perform his duties under
this division; or
(4) The SWQ permit has been issued in error.
(b) The city engineer shall send a written notification by certified mail, return receipt
requested, to the SWQ permittee informing him of the grounds for revoking his SWQ
permit. The SWQ permittee may request a hearing pursuant to section 34-197 by filing a
written request with the city engineer not later than the tenth day after notification by the
city of the grounds for revocation.
Sec. 34-245. Duration.
An initial SWQ permit shall be valid for one year from date of issuance, but may be
renewed. All subsequent renewals of a SWQ permit shall be valid for one year.
Sec. 34-246. Renewal.
To renew a SWQ permit, the SWQ permittee shall submit a renewal application on a
form prescribed by the city engineer and the applicable renewal fee not more than 30 days but
not less than five days prior to expiration of the SWQ permit. As part of the renewal application,
the SWQ permittee shall certify that all controls have been maintained as specified in the
SWQMP. If structural controls are used, a state licensed professional engineer shall also certify
that all structural controls still generally conform to the plans and technical specifications in the
SWQMP. The city engineer shall deny a renewal application ifit is found that the SWQ
permittee failed to seek an amendment to its SWQ permit if required to do so pursuant to section
34-243 of this Code.
Sees. 34-247--34-259. Reserved.
Subdivision C. Storm Water Quality Permit Requirements
Sec. 34-260. Incorporation by reference.
The SWQMP, including the proposed inspection checklist, maintenance plan and
associated construction drawings, shall be incorporated into the SWQ permit by reference.
Failure to comply with the SWQMP shall be a violation ofthis article.
Sec. 34-261. Certifications and attestations.
20
(a) If the SWQMP on which the SWQ permit is based includes one or more structural
controls, the SWQ permittee shall submit a certificate sealed by a professional engineer
licensed as such in Texas within 14 days after the structural controls specified in the
SWQMP for all or that part of the new development or significant redevelopment have
been installed. The certificate shall certify that all structural controls are in general
accordance with the plans and technical specifications in the SWQMP. At the same time
this certificate is filed, the SWQ permittee shall also submit an attestation that he has read
the SWQMP and agrees to adhere to the operation and maintenance requirements
specified therein.
(b) If the SWQMP on which the SWQ permit is based does not include one or more
structural controls, the SWQ permittee shall, before the issuance of a construction permit
for any structure on land included in the SWQMP, submit an attestation that he has read
the SWQMP and agrees to adhere to the operation and maintenance requirements
specified therein.
Sec. 34-262. Transfer of permit; third-party permittees.
(a) The provisions of this subsection (a) shall apply to subdivisions that include lots for
single-family residential use. Prior to the sale of the first lot in the subdivision or any
section thereof, the owner of land that is being subdivided, in whole or in part, into
single-family residential lots shall either:
(1) Transfer the obligation to comply with all requirements of this division to a
homeowners' association established for all or that part of the subdivision. The
homeowners' association must have fee simple title to all structural controls and,
at a minimum, an easement in favor of the homeowners' association allowing
access to maintain structural controls or to implement non-structural controls.
Further, the owner must require that any homeowners' association for the
subdivision have the authority to impose fees or otherwise generate monies to
fund operation and maintenance measures and bond requirements. After a
homeowners' association complying with the provisions of this subsection has
been established, the owner may seek to amend the SWQ permit pursuant to
section 34-243 of this Code to transfer the SWQ permit to the homeowners'
association. Until the city has approved the transfer to the homeowners'
association, the owner shall remain responsible for compliance with the
requirements of this division; or
(2) Transfer the obligation to comply with all requirements ofthis division to the city
pursuant to a structural control maintenance agreement.
(b) The provisions of this subsection (b) shall apply to all new development or significant
redevelopment that is not governed by subsection (a) above. The SWQ permit may be
transferred to a person other than the owner of the land subject to the SWQ permit if the
21
person and the owner enter into a binding legal agreement that meets the requirements of
this subsection. The person must agree to comply with the requirements of this division
and with the terms and conditions of the SWQ permit, including adherence to the
operation and maintenance requirements specified therein. The third-party agreement
shall grant fee simple title to all structural controls to the person, provide an easement if
necessary to allow access by person across the owner's property to maintain structural
controls or to implement non-structural controls, and if necessary, to allow storm water
from the owner's property to drain across any adjacent property to a designated structural
control. The legal agreement shall also provide that in the event of its termination for any
reason, including by either choice or default, the obligation to comply with the provisions
of this division shall revert to the owner of the land.
Sec. 34-263. Assumption of maintenance requirements.
(a) The city shall only enter into a structural control maintenance agreement to assume
responsibility for long-term maintenance of structural controls pursuant to section 34-
262(a)(2) if the city engineer determines that:
(1) The SWQMP on which the SWQ permit is based only includes structural
controls;
(2) The structural controls serve either:
(a) Only the single-family residential lots in a recorded subdivision; or
(b) The single-family residential lots and reserves in a recorded subdivision if
the single-family residential lots constitute more than 80 percent of area
served by the controls and the aggregate of all reserves served by the
controls equals less than five acres;
(3) The structural controls are suitable for public maintenance; and
(4) The structural controls have been properly installed.
(b) The city engineer shall develop a list of structural controls suitable for public
maintenance and the design criteria for the controls on the list, and shall publish them in
the design manual. A structural control shall be suitable for public maintenance if
maintenance of it will involve activities the same or similar to the activities performed by
the department of public works and engineering's maintenance and right-of-way division.
(c) The city shall assume the long-term maintenance requirements of all structural controls
specified in the SWQMP only in exchange for a payment in an amount equivalent to the
estimated cost of maintaining the structure for ten years as determined by the city
engmeer.
22
(d) The structural control maintenance agreement shall grant the city all easements necessary
to allow access for maintenance. The city's assumption of maintenance of the structural
controls does not affect ownership of the underlying fee.
Sec. 34-264. Accounting for structural control maintenance agreements.
(a) All payments collected pursuant to structural control maintenance agreements shall be
deposited in a dedicated fund to which interest is allocated. All such amounts, together
with all interest earned thereon, shall be used solely for the purposes set forth in
subsection (b).
(b) The fees collected pursuant to structural control maintenance agreements may be used to
finance or to recoup the costs of the operation, maintenance, equipment, labor or capital
of structural controls assumed pursuant to a structural control maintenance agreement and
for meeting any other ongoing regulatory requirements imposed on such structures, such
as annual certifications of compliance or to finance or recoup the costs of any other
subsequent measures undertaken by the city to address storm water quality to achieve the
same purposes as the structural controls. Maintenance shall include, but not be limited to,
mowing, dredging and repair.
(c) Consistent with the city charter and state budget laws, disbursement of funds shall be
authorized by the department of public works and engineering at such times as are
reasonably necessary to carry out the purposes and intent of this article.
Sec. 34-265. Recordation.
(a) The SWQ permit requirements for each parcel shall be recorded in the real property
records of the county in which the parcel is located. The recordation shall note that none
of the structural or non-structural controls on or for the parcel may be changed from the
plans and technical specifications in the SWQ permit for the parcel, except as may
otherwise be provided in this article..
(b) F or new development that includes the platting of a reserve tract, a notation shall be
placed on the subdivision plat that a SWQ permit must be obtained before the issuance of
any construction permit for a structure on all or a part of the reserve tract.
(c) Third-party permittees: For subdivisions oflots for single-family residences, the
homeowners' association agreement or structural control maintenance agreement shall be
recorded for all parcels in the subdivision at the time of the transfer of the SWQ permit to
the homeowners' association. For other new development or significant redevelopment
for which there is a third-party permittee, the third-party agreement shall be recorded for
all parcels subject to the rights and obligations specified in the agreement at the time of
the transfer of the SWQ permit to the third-party permittee.
23
(d) The SWQ permit applicant or, if the SWQ permit has already been issued, the SWQ
permittee, shall pay all recording fees required by the county clerk's office.
Sees. 34-266-34-279. Reserved.
DIVISION 3. STORM WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION
ACTIVITY
Sec. 34-280. Applicability.
This division shall apply to all facilities located within the city that have storm water
discharges associated with construction activity.
Sec. 34-281. Unpermitted discharges prohibited.
A person who is the operator of a facility that has storm water discharges associated with
construction activity commits an offense if the person discharges, or causes to be discharged,
storm water associated with construction activity without first having obtained an NPDES or
TPDES permit to do so.
Sec. 34-282. Submission of NOI.
(a) The operator ofa facility required to have an NPDES or TPDES permit to discharge
storm water associated with construction activity shall submit a certification that he has
submitted an NOI to the EPA or TCEQ, a copy of that NOI, and a copy ofa site plan and
a Stormwater Pollution Prevention Plan detailing the location of erosion control measures
to the city engineer or the building official prior to obtaining a construction permit for
that activity.
(b) A person commits an offense if the person operates a facility that is discharging storm
water associated with construction activity without having submitted a copy of the NOI
to do so to the city.
Sec. 34-283. Submission of NOT.
(a) If required to submit an NOT to EPA pursuant to an NPDES or TPDES permit to
discharge storm water associated with construction activity, an operator shall submit a
certification that he has submitted an NOT to the EP A or TCEQ and a copy of that NOT
to the city engineer at the same time the operator submits the NOT to the EP A or the
TCEQ as applicable. If final stabilization as required by EP A has not been achieved at the
time the operator submits the NOT, the operator shall also submit a copy of the NOI for
the operator who is assuming responsibility for the site.
24
(b) A person subject to the requirements of subsection (a) of this section commits an offense
if the person fails to submit a copy of the NOT to the city.
Sec. 34-284. Compliance with permit.
(a) A facility that has storm water discharges associated with construction activity shall be
operated in strict compliance with the requirements of its NPDES or TPDES permit to
discharge storm water associated with construction activity.
(b) The storm water pollution prevention plan implemented to satisfy the requirements of an
NPDES or TPDES permit to discharge storm water associated with construction activity
shall comply with the storm water management handbook for construction activities.
(c) A person commits an offense if the person operates a facility that has storm water
discharges associated with construction activity in violation of the facility's NPDES or
TPDES permit to discharge storm water associated with construction activity.
Sec. 34-285. Modification of storm water pollution prevention plans.
(a) The city engineer and the building official may require the operator of a facility that has
storm water discharges associated with construction activity to modify the facility's storm
water pollution prevention plan if, in the best professional judgment of the city engineer
or the building official, the storm water pollution prevention plan does not comply with
the requirements of the facility's NPDES or TPDES permit to discharge storm water
associated with construction activity.
(b) Notification of the deficiencies in a facility's storm water pollution prevention plan shall
be made in writing, and the facility operator will be given a reasonable amount of time,
not to exceed 30 days, to make the necessary changes in the storm water pollution
prevention plan.
Sees. 34-286--34-289. Reserved.
DIVISION 4. STORM WATER DISCHARGES FROM INDUSTRIAL AND HIGH RISK
FACILITIES
Subdivision A. Storm Water Discharges Associated With Industrial Activity
Sec. 34-290. Unpermitted discharges prohibited.
(a) A person who is the owner or the operator of a facility that has storm water discharges
associated with industrial activity commits an offense if the person discharges, causes to be
discharged, or threatens to discharge storm water associated with industrial activity without
having first obtained an NPDES or TPDES permit to do so.
25
(b) A person who is the owner or the operator of a facility that has storm water discharges
associated with industrial activity commits an offense if the person submits a certification
pursuant to 34-303 and fails to comply with the applicable standards established by the TCEQ.
Sec. 34-291. Submission of NOI.
(a) A person who is the owner or the operator of a facility that has storm water discharges
associated with industrial activity shall submit to the city engineer a copy of:
(1) The notice of intent to obtain coverage under TPDES permit number TXR050000
for the facility;
(2) The notice of intent to obtain coverage under any other TPDES general storm
water permit for the facility;
(3) The individual TPDES storm water permit for the facility; or
(4) The no exposure certification form submitted to TCEQ for the facility pursuant to
the provisions ofTPDES permit number TXR050000.
(b) A copy of the NOI or the no exposure certification form shall be submitted to the city no
later than 14 calendar days after filing the NOI or no exposure form with the TCEQ for
such coverage. A copy of the individual TPDES permit shall be submitted to the city no
later than 14 calendar days after TCEQ signs the permit.
(b) A copy of the approved Stormwater Pollution Prevention Plan when the permit is issued.
Sec. 34-292. Submission of NOT.
( a) A person who is the owner or operator of a facility that has storm water discharges
associated with industrial activity shall submit to the city engineer a copy of an NOT for
the facility which shall include any information required for notice of termination under
TPDES permit number TXR050000 or any other TPDES general storm water permit,
whenever:
(1) All storm water discharges associated with industrial activity are eliminated at the
facility; or
(2) The operator of the facility changes.
If the NOT is being submitted because the operator of the facility has changed, a copy of the
NOI for the new operator shall be submitted with the NOT.
26
(b)
The copy of the NOT shall be submitted no later than 24 calendar days after either all
storm water discharges associated with industrial activity are eliminated at the facility or
the operator of the facility changes.
Sees. 34-293-34-299. Reserved.
Subdivision B. Monitoring and Reporting
Sec. 34-300. Applicability.
This subdivision shall apply to municipal landfills, hazardous waste treatment, disposal
and recovery facilities, facilities that are subject to Section 11023 of Title 42 of the United States
Code, as it may be amended from time to time, and other municipal waste treatment, storage or
disposal facilities (including, but not limited to, POTWs, transfer stations and commercial
incinerators). The industrial activity operator shall submit a copy of test results required under
the TPDES permit TXR 050000 to the city engineer pursuant to section 34-301 ofthis Code.
Sec. 34-301. Designation as a type 1 or type 2 facility.
(a) The city engineer shall promulgate regulations to determine whether a facility is
contributing a substantial pollutant loading to the MS4 and so should be designated as a
type 1 facility. The city engineer shall further promulgate regulations to determine
whether a facility is contributing a pollutant to the MS4 and so should be designated as a
type 2 facility. The city engineer shall consider, but shall not be limited to, such factors
as the nature of the activities at the facility and drainage patterns in the area of the
facility. The city engineer shall provide the facility with a written notice ofthe facility's
designation.
(b) The city engineer shall send written notification by certified mail, return receipt
requested, to each type 1 or type 2 facility designated pursuant to subsection (a) of this
section informing the operator of that designation. The notice shall specify the parameter
or parameters that the facility will have to monitor for pursuant to section 34-302(b)(12)
or section 34-302(c)(5), whichever is applicable. The facility operator may appeal the
designation pursuant to section 34-197 of this Code. Designation as a type 1 or type 2
facility shall be effective on the third day following the date notice is deposited in the
mail to the facility.
(c) The city engineer shall further promulgate regulations for determining whether a facility
designated as a type 1 or type 2 facility pursuant to subsection (a) is no longer
contributing a substantial pollutant loading or a pollutant to the MS4 and for terminating
the facility's designation as a type 1 or type 2 facility. Upon terminating the facility's
designation as a type 1 or type 2 facility, the city engineer shall send written notification
by certified mail, return receipt requested to the facility informing it of that termination.
27
Sec. 34-302. Monitoring required.
(a) Every type 1 and type 2 facility that has storm water discharges associated with industrial
activity shall undertake all monitoring:
(1) Required by an individual NPDES or TPDES storm water permit ifthe facility
has an individual storm water permit;
(2) Required by a general NPDES or TPDES storm water permit, other than TPDES
permit number TXR050000 if the facility has coverage under such a permit; or
(3) Required by TPDES permit number TXR050000, or any successor permit thereto,
if neither (i) or (ii) above apply.
(b) If a type 1 facility does not have storm water discharges associated with industrial
activity, the facility annually shall analytically monitor and analyze storm water discharges from
its facility during a representative storm event on an outfall-by-outfall basis for each of the
following parameters:
(1) Any pollutants limited in an existing NPDES or TPDES permit for the facility;
(2) Total oil and grease;
(3) Chemical oxygen demand;
(4) pH;
(5) Biochemical oxygen demand, five-day;
(6) Total suspended solids;
(7) Total phosphorus;
(8) Total Kjeldahl nitrogen;
(9) Nitrate plus nitrite nitrogen;
(10) Any other discharges required to be monitored under Section 122.21(g)(7)(iii) and
(iv) of Title 40 ofthe CFR;
(11) Any pollutants for which effluent limitations are imposed in the city's storm water
permit for its MS4; and
28
(12) Any other pollutant that the city has determined the facility is discharging that
contributes a substantial pollutant loading to the MS4.
(c) If a type 2 facility does not have storm water discharges associated with industrial
activity, the facility annually shall analytically monitor and analyze storm water
discharges from its facility during a representative storm event on an outfall-by-outfall
basis for each ofthe following parameters:
(1) Chemical oxygen demand;
(2) Total oil and grease;
(3) pH;
(4) Any pollutants for which effluent limitations are imposed in the city's storm water
permit for its MS4; and
(5) Any other pollutant that the city believes the facility may be contributing to the
MS4 or waters ofthe United States.
Sec. 34-303. No exposure certification.
In lieu of the monitoring required by section 34-302, a facility may submit once every
five years a certification that raw and waste materials, final and intermediate products and by-
products, material handling equipment or activities, industrial machinery or operations, or
significant materials from past industrial activity are not presently exposed to storm water and
are not expected to be exposed to storm water. If the facility is eligible for coverage under
TPDES permit number TRX050000, the certification shall be on the form provided by TCEQ
pursuant to TPDES permit number TXR050000. If the facility is not eligible for coverage under
TPDES permit number TRX050000, the certification shall be on a form provided by the city. A
facility that submits a certification pursuant to this section shall notify the city at least 14 days
before changing operating or management procedures that would result in exposure of storm
water to industrial activities, and upon such a change shall become subject to the monitoring
requirements of section 34-302 of this Code.
Sec. 34-304. Establishment of reporting thresholds.
The city engineer shall establish a reporting threshold for every parameter for which
monitoring is required of type 1 or type 2 facilities that do not have storm water discharges
associated with industrial activity under this subdivision, which may be amended from time to
time as deemed warranted by the city engineer.
Sec. 34-305. Reporting of monitoring results.
29
( a) If the results of any monitoring required by this subdivision:
(1) Exceed a benchmark or effluent limitation in the NPDES or TPDES storm water
permit for a facility that has storm water discharges associated with industrial
activity, or
(2) Exceed the threshold established by the city engineer pursuant to section 34-304
for a facility that does not have storm water discharges associated with industrial
activity, the owner and operator of the facility shall submit the results in writing
to the city engineer within 30 days after conducting the monitoring. Failure to
report the results of such monitoring shall constitute a violation of this article.
(b) The city engineer may request in writing by certified mail, return receipt requested, the
results of any other monitoring required by this division. The facility shall then submit
the requested data in writing to the city engineer within 30 days after the date the city
engineer's request is deposited in the mail to the facility.
Sec. 34-306. Record retention.
Each type 1 and type 2 facility shall retain the results of all monitoring required by this
division and supporting documentation for three years.
Sec. 34-307. Investigation, corrective measures, and additional monitoring.
(a) If the results of any monitoring required by this division:
(1) Exceed a benchmark or effluent limitation in an NPDES or TPDES storm water
permit for a facility that has storm water discharges associated with industrial
activity; or
(2) Exceed the thresholds established by the city engineer pursuant to section 34-304
for a facility that does not have storm water discharges associated with industrial
activity; the owner and operator of the facility shall investigate the cause of each
exceedance and take appropriate corrective measures to eliminate each
exceedance as soon as possible. The owner and operator shall notify the city
engineer of the corrective measures that will be taken and a schedule for
implementation.
(b) The city engineer may require additional monitoring at a frequency to be determined by
the city engineer to ascertain the effectiveness of any corrective measures taken pursuant
to subsection (a).
30
(c) Failure to undertake appropriate corrective measures to eliminate an exceedance within a
reasonable amount of time as determined by the city engineer shall constitute a violation
of this article.
Sees. 34-308--34-319. Reserved.
DIVISION 5. ILLICIT DISCHARGES AND CONNECTIONS
Sec. 34-320. Discharge to MS4 prohibited.
(a) A person commits an offense if the person threatens to introduce, introduces, or causes to
be introduced into the MS4 any discharge that is not composed entirely of storm water.
(b) It is an affirmative defense to any enforcement action for a violation of subsection (a) that
the discharge was composed entirely of one or more of the following categories of
discharges:
(1) A discharge authorized by, and in strict compliance with, an NPDES or TPDES
permit (other than the NPDES permit for discharges from the MS4);
(2) A discharge or flow resulting from fire fighting by the fire department if that
discharge is not reasonably expected to be a significant source of pollutants to the
MS4;
(3) A discharge or flow of fire protection water if that discharge is not reasonably
expected to be a significant source of pollutants to the MS4;
(4) Water line flushing, provided that the water is not significantly chlorinated when
reaching a receiving water;
(5) Landscape irrigation;
(6) Diverted stream flows;
(7) Rising ground waters;
(8) Ground water infiltration;
(9) Infiltration (as defined in Section 35.2005(20) of Title 40 of the CFR) to separate
storm sewers;
(10) Pumped ground water;
(11) Discharges from foundation drains;
31
(12) Discharges from potable water sources, providing the water is not significantly
chlorinated when reaching a receiving water;
(13) Irrigation water;
(14) Air conditioning condensation;
(15) Water from crawl space pumps;
(16) Springs;
(17) Lawn watering;
(18) Discharges from footing drains;
(19) Flows from riparian habitats and wetlands;
(20) Non-commercial car washing (until such time as TCEQ issues a general permit
for such discharges);
(21) Pavement wash waters provided cleaning chemicals are not used (until such time
as TCEQ issues a general permit for such discharges);
(22) Dechlorinated swimming pool discharges; or
(23) Materials resulting from a spill where the discharge is necessary to prevent loss of
life, personal injury or severe property damage provided that the party responsible
for the spill takes all reasonable steps to minimize or prevent any adverse effects
to human health or the environment.
(c) No affirmative defense shall be available under subsection (b) if:
(1) The discharge or flow in question has been determined by the city engineer to be
a source of a pollutant or pollutants to the waters of the United States or to the
MS4;
(2) Written notice of such determination has been provided to the discharger; and
(3) The discharge has continued after the expiration of the time given in the notice to
cease the discharge.
32
Sees. 34-321-34-349. Reserved.
33
10
A
---------------_._---,.,--
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
January 25. 2010
Budl!et
Requested By:
D. Wilmore
Source of Funds:
Department:
Planninf
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Substantial Damage (SD) List
Amount Requested:
Exhibits:
Travel Trailer/ FEMA Unit List
Budgeted Item: YES
NO
Exhibits:
FEMA THU Prol!ram Information
SUMMARY & RECOMMENDATION
This workshop is intended to serve multiple purposes. It has been a year and four months since Hurricane Ike
devastated our area. Staff is providing City Council with an update on the remaining "substantially damaged"
homes, a list of the remaining FEMA temporary housing units/private travel trailers while also seeking direction
from Council on trailers, permit fees and blue roofs.
· As of 01/13/10, only five (5) addresses of the original fifty-seven (57) "substantially damaged homes"
remain undetermined. Some individuals continue to deal with their insurance companies while others are
evaluating whether to raise their home and repair it versus demolition of the structure.
· Following Ike, zoning regulations preventing the use of travel trailers in residential zones were temporarily
suspended for an undetermined time. The city issued fifty-six (56) trailer permits which included eight (8)
FEMA Temporary Housing Units (THUs). As of 01/13/10, eighteen (18) trailers remain. Currently
owners are advised that trailers are expected to be removed when home repairs are complete. Council
direction as to an official "end date" is being requested.
· The city is still waiving the "permit fees" on Ike related permits. Baytown stopped waiving permit fees on
06/01/09;_Seabrook never waived permit fees; Pasadena stopped waiving permit fees on 06/01/09 and
League City stopped waiving permit fees on 01/01/09. Staff is requesting direction from Council.
· In September 2009, Council direction was to "not address" blue roofs as long as they were
installed/maintained properly and staff was asked to revisit Council in January 2010. We are asking
Council for direction on this matter.
(Ih t
Date
SUBSTANTIAL DAMAGE (SD) LIST
(As of 0 1113/10 List & RSDE Reports)
Address % Damaged HCAD Name
1) 207 Bay Colony Circle 52.46% Clifford H. Farley
2) 6 Pine Bluff 105.91% Donald Remmel
3) 531 S. Shady Lane 82.56% Raefael A. & Doris Rivera
4) 3708 Sunrise 58.18% Suzann Richardson
5) 3130 Weatherford 94.02% Marcia Kling
-----------------
-----------------
The structures shown below were elevated l' above BFE which NOW allows repair
of the structure.
"SD" LIST OF ELEVATED STRUCTURES
Address %Damaged HCAD Name
6) 110 Bay Oaks Rd.
78%
Sandra Sanchez
7) 130 Bay Oaks Rd
74.51%
Melton Koch
8) 619 S. Shady Lane
68.29%
Wesley Mc Nally
-----------
----------
The following addresses are substantially damaged homes that have been or will be
demolished.
Address % Damaged HCAD Name
9) 205 Bay Colony Drive 53.61% Walter Cubberly (Demo complete)
10) 208 Bay Colony Drive 103.45% Michael Manering (Demo complete)
11) 6 Bay Oaks Rd. 58.36% Hugh McCulley (Demo complete)
12) 115 Bay Oaks Rd. 53.18% Linda Hutfless (Demo complete)
(Voluntary -
13) 406 Bay Oaks Rd. 763.55% (M Home) Douglas J. Baird Next Demo Group)
(Voluntary -
14) 415 Bay Oaks Rd 172.50% R D Bartley Next Demo Group)
SD List as of 01113/2010
Page 2
Address % Damaged HCAD Name
15) 3143 Carlisle St. 118.66% Laura Reeves (Demo complete)
16) 3031 Fondren St. 114.83% Farley Fontenot (Demo complete)
17) 3111 Green Leaf 64.74% Thongkam Carpenter (Demo complete)
18) 3803 Marlin Ln. 77.98% Deborah Kime (Demo complete)
19) 412 N. Shady Lane(aka414) 73.53% Dorothy Everett (Demo complete)
20) 427 N. Shady Lane 72.82% Micah Richardson (Demo complete)
21) 626 N. Shady Lane 110.96% Christina Williams (Demo permit)
22) 138 Pine Bluff St. 816.18% (MHome) Dwayne Steele (Demo complete)
23) 3811 Sailfish Lane 68.25% Est. of JesseCharles Haver (Demo complete)
(Voluntary -
24) 406 S. Shady Lane 57.53% Aline Cook Next Demo Group)
25) 407 S. Shady Lane 174.67% Jack A. Cook (Demo complete)
26) 418 S. Shady Lane 80.63% Arthur B. Kelly (Demo complete)
27) 510 S. Shady Lane 91.48% Terry Hilborn (Demo permit)
28) 523 S. Shady Lane 80.60% Lloyd Cyr (Demo complete)
29) 603 S. Shady Lane 70.06% Cecil Redd (Demo complete)
Was: Henry S. Veltkamp
30) 611 S. Shady Lane 90.04% Now: CLP, Trustee (Demo complete)
31) 522 S. Shady Lane 88.70% Robert Biaza (Demo complete)
32) 3706 Sunrise 310.27% Kathy Coleman (Demo complete)
(5) "Substantially Damaged" (SD) Structures Remain
(3) "SD" Structure Was Elevated above BFE
(24) "SD" Structures are part of the Demolition Process
(25) "SD" Structures that are now "Non-Substantially Damaged" (NSD 2)
TOTAL (57)
-----------------
---------------
SD List as of 01/13/2010 Page 3
"NSD 2" LIST
Address %Damaged HCAD Name
240 Bay Colony Drive 33.79% Timothy W. Kelley
506 Bay Colony 27.13% Albert Kinnard
203 Bay Oaks 40.47% Otis Wright
3914 Bonita 41.01 % Lisa Koch
3915 Dolphin 35.53% Michael Boyaki Jr.
223 Dwire 38.60% Brian Pitcox
408 Dwire 2.97% Max Joines
3103 Green Leaf Ln. 49.82% Bettye Dejon
3203 Lazy Pine 33.92% Caroline Wilkins
3811 Marlin 42.15% Cory Briscoe
322 N. Shady Lane 46.77% Noe Juarez
420 N. Shady Lane 20.37% Curtis L. Everett
503 N Shady Lane 30.28% LuLu Lopez
526 N. Shady Lane 38.96% Denise & Lloyd Spevack
814 Oak Leaf 47.90% Frank Sawberger
3803 Sailfish 31.67% Ricky Holland
3910 Sailfish 29.28% Paul Dobos
419 S. Shady Lane 29.29% Robert Byrd
435 S. Shady Lane 42.74% Benjamin Ritchie
502 S. Shady Lane 45.28% John Walston
527 S. Shady Lane 17.81% J.J. Meza
618 S. Shady Lane 42.59% Teri Walston
SD List as of 01113/2010
"NSD 2" LIST
Address %Damaged HeAD Name
3910 Tarpon 49.43% George Ann Adams
3911 Tarpon 45.73% Julie Bowers
3914 Tarpon 44.96% Burtine Higgins
s:\city planning share\04-inspections division\inspections\substantial damage list.doc
Page 4
STILL ON SITE: 18
208 BAY COLONY DR
210 BAY OAKS RD
427 BAY OAKS RD
3143 CARLISLE
219 CRESCENT VIEW
11007 DOGWOOD
REMOVED: 38
615 BAY COLONY DRIVE
3030 BAYOU DR
211 S BAYSHORE
716 S BLACKWELL
3802 BONITA
3122 BONNER
3803 DOLPHIN
314 DWIRE
3107 GREEN LEAF
906 HOLLOW TREE
930 HOLLOW TREE
934 HOLLOW TREE
TRAVEL TRAILER/FEMA UNITS
JANUARY 13, 2010
102 DWIRE
3031 FONDREN
3111 GREENLEAF
3023 LA YN E
3007 LAZY PINE
526 N SHADY LN
10614 NORTH L
10811 NORTH L
3114 LAZY PINE
3806 MARLIN
3911 MARLI N
9212 MOHAWK
810 OAK LEAF
811 OAK LEAF
902 OAK LEAF
1011 OAK LEAF
222 OAK HURST
10303 RUSTIC ROCK
414 S SHADY LN
418 S SHADY LN
502 S SHADY LN
619 S SHADY LN
3703 SOMERTON
3115 WEATHERFORD
3906 SAILFISH
3907 SAILFISH
410 N SHADY LN
416 N SHADY LN
503 N SHADY LN
522 S SHADY LN
600 S SHADY LN
618 S SHADY LN
719 SHADY RIVER
3706 SUNRISE
3819 TARPON
3911 TARPON
2528 WESTVIEW
3110 WOODLAND CT
FEMA TEMPORARY HOUSING UNITS (THUs)
PROGRAM INFORMATION
January 12, 2010 Meeting
Staff met with Gary Dorman and Will Alexander, both FEMA Individual Assistance Liaisons
· Original program end date was 18-months: March 12, 2010
· Governor requested & was granted a program extension until: July 9, 2010
· FEMA had (8) THUs in La Porte; however, only (7) remain
· FEMA is requesting a City Letter identifying the City's "end date"
(Kemah chose end date of December 31, 2009; Galveston has chosen the "original" end date of
March 12, 2010)
· Once the City establishes "our end date", FEMA will assist citizens regarding relocation to
permanent housing
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
January 25. 2010 Bud2et
Source of Funds: N/A
Requested By: Tim Tietjens
Department:
Plannin~
Report: X Resolution:
Ordinance:
Exhibits:
Aerial Map
Exhibits:
Forrest Avenue Si2ns in La Porte (2)
Exhibits
Forest Street Si~n in Shoreacres
Account Number:
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
Forrest Avenue in La Porte, located between South Broadway and Galveston Bay, shares a similar name with
Forest Street, which is located within the City of Shoreacres, This similarity has caused problems with emergency
services being dispatched to the wrong location, as well as, confusion with mail and service delivery.
To help avoid confusion caused by the similarity of name, staff is proposing that Forrest Avenue in La Porte be
renamed to North Forrest Avenue. Likewise, Forest Street in Shoreacres would be renamed to South Forest Street.
Both La Porte and the City of Shoreacres would need to adopt an ordinance renaming the streets. Subsequently,
documentation would be filed with the Harris County Clerk validating such action.
,Ii)
Date
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested:
January 25. 2010
Source of Funds: NA
Requested By: Tim Tietiens
Account Number: NA
Department: Plannine:
Amount Budgeted: NA
Report: -K-Resolution: _Ordinance:
Exhibits:
Agreement
Draft Ordinance approving agreement
Proposed Truck Route Map
Draft Ordinance Amending the Truck Route
SUMMARY
Approximately one year ago, City Council conducted a workshop discussing access to Barbours
Cut from North 8th street by clients of Port Auto Truck Stop. City Council directed staff to
review the feasibility of the request which if approved, would allow conditional access via an
agreement, and would require an amendment to the Truck Route Ordinance by adding a portion
of North 8th Street to the list of truck routes. Regulations for the truck routes are delineated in the
Traffic and Vehicles (Chapter 70) Code of Ordinances. A review of the existing location is as
follows;
. North 8th Street, with an 80'wide public right-of-way, is an asphalt roadway approximately
700' long north of Barbours Cut Blvd.
· The current roadway section was not built to city specifications and is not capable of
handling heavy truck traffic for an extended time.
. Mr. Nazar Momin, owner, has applied for a driveway permit onto North 8th Street, (request
was previously denied, without prejudice to a pending solution)
· Major conditions of the proposed agreement include: the city designating North 8th Street as
a truck route until such time that traffic congestion volumes at the intersection become
unacceptable; the owner being responsible for roadway maintenance through the duration of
the proposed agreement.
Action ReQuired bv Council:
iew the attached draft agreement and amendment to the ordinances and provide staff with
dire tion.
Council A end a
Ron Bottoms, City Manager
I~J,
Date
AGREEMENT
ST~TE OJ!' 'r~XAS I
S
COUNTY OF HARRIS S
This Agreement made and entered into by and between the CITY
OF LA PORTE, a municipal corporation, 604 West Fairmont parkway, La
Porte, Harris County, Texas, 77571, hereinafter referred to as
'''(:ITY"., and FINBFAIR INC. a Texas business co~orati-on" d/b/a PORT
AUTO TRUCK STOP, P.O. Box 806, La porte, Harris County, Texas,
77S'~-0806f hereinafter referred to as npORTw,
WITNES(lBTHI
1. . PORT is the owner of the real property a.t ~;ro~ Wes.t
Barbours cut Boulevard, in the City of La Porte, Harris County,
Tex~s, on which it operates the business known as Port Auto ~ruck
stop. PORT has requested the City to open that portion of North
8th Street, from the north right-of-way line of 'BaJ;~purs "~\it
Boulevard, and extending north 300 hundred feet, as a designated
truck route, and allow PORT to construct A ourb out to its
property, on the west side of the designated North 8th Street
.r~gh't-9x-~y., iid.j~~~nl; '~Q PORT' $ -P*9P~~1:Y.
2. CITY has advised PORT that this portion of North 8th
street has not be'en desi~ned, built, or maintained for truck
traffic, and that truck traffic is likely to cause future
maint-enance requirements for sai-d portion of North 8th street, if
open to truck traffic.
3 . CITY has further advised POR'l'that opening of said
portion of North 8th street to truck traffio, may cause
unacceptable traf~ic congestion problema at the inte~eeQt1on ot
North 8th street and Barbours Cut Boulevard, requiring CITY, in its
eole and absolute discr.etion, to hereafter terminate it~
designation of said portion of North 8th street as a designated
truck route, and further, requiring CITY to terminate its curb cut
authorization to PORT, on said portion of North 8th Street.
4. For and in consideration of the premises, and the mutual
covenants herein contained, the parties agree as follows:
5. CITY agrees to designate that portion of North 8th
Street, extending from the north right-of-way line of Barbours Cut
Boulevard, to a point 300 hundred feet north of the north right-of-
way line of Barbours cut Boulevard, as a desig~ated truck route.
CITY further agrees to issue a curb cut permit to PORT, for a
curb cut adjacent to PORT's property, on said portion of North 8th
Street, subject to PORT's ability to satisfy all permit application
prerequisites, including payment of applioable fees.
G. PORT agrees that it shall be solely res~onsible for the
maintenanoe of the curb out, inclUding drainage tiles to be placed
under the curb out, all to CITY speoifioations, and further, PORT
agrees to be solely responsible for the maintenance, inclUding
payment of all oosts assooiated therewith, of said portion of North
8th street, as required by CITY, and to CITY's specifications, to
sustain t.ruck traffic, for the duration of this agreeme.ut. 111 ..t.be
event that property owners or lessees of properties abutting said
portion of North 8th street, request acoess to said portion of
North 8th street, for truck traffic, CITY agrees that such property
owners or lessees shall be re~ired to execute an agreement, in
form similar to this agreement, and that this agreement shall be
amended, for shared responsibility for maintenanoe, among all of
the users of said portion of North 8th Street, for truok traffic,
as specified in this agreement.
2
7. This agreement shall be effective for an initial ten year
term, commencing on the 1st dar of February, 201.0, and terminating
on the 31.st day of January, 2020, and shall automatically renew for
successive one year terms thereafter; ,provided, however, either
party hereto may cancel this agreement upon ninety (90) days
written notice to the other party hereto, at any time after the
expiration of the initial one year term.
If 'not cancelled by
either party hereto, this agreement shall expire ten (10) years
from the effective date hereof. Upon cancellation or expiration of
this agreement, CITY shall repeal its designation of said portion
of North 8th Street, as a designated truck route, and CITY shall
cancel and withdraw its ourb cut permit to PORT, at which time PORT
agrees to remove the curb out, and fenoe the property at the
location of the curb cut.
WITNESS OUR HANDS, this the 11th day of January, 2010.
CITY OF LA. PORTE
By:
Ron'Bottoms, City Manager
ATTEST:
City Secretary
By:
P'INBFAIR INC.
a Texas business
corporation
d/b/ a P~~AUTO TRUCK STOP
/~
Akbaral K. Mom n
Vice President
3
DJ'~'~J"~ lET""
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OlU)D1ANCB HO. 3010-
All ORDllfAHCB APPROVJ:l\TG .AND AtrrBORIZZNG AN AQRBBIIBR'l' IITD!N TBB
CITY OJ' LA PORTB .AHD JDTBI'UR, DiC., A TlXAS B'USDlBSS CORPORATZON,
D/B/A POR'T A'U'rO TRU'CJt STOP, RBGARDJ:NG TRlJCE '1'RAI'I'ZC ON A PORTZOR 01'
JTOI..D .8.~ S~B2: D DB C.Ifi 01' U POR'1'8, JlHDTG VARXOUS JlnmDlGS
AND lIROV:tSXOBS RBLA'lDlG TO THB SUBJBCT, J'DmIRG COJOLDHCB W:I'rH '1'BB
OPBH "BTINGS LAW, AND PROVZDXRG AN BI'J'ICTXVB D1'1'. KKRBOJ'.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA POR.TE:
SeotioD 1. The City Council hereby ~pproves 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 docume~t 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 notioe 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
Cit.;Y 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 ha~ been open to the publio 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 postin~ thereof.
Seotion 3. This Ordinanoe shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVJilD, this 11th day of January, 2010.
By:
ATTEST:
Martha A. Gi~~ett
city seoretary
CITY OF LA PORTE
Barry Beasley, Mayor
2
CITY OF LA PORTE OFFICIAL TRUCK ROUTE 1\
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....... Hazardous Cargo Route
Future Truck Route (when constructed)
City Limits
Proposed Truck Route
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ORD:IHANCI NO. 2010-
AN ORDDTAHCB AllBWDlG ORAPI'IR 70, "TltAPI'l:C Am) WKl:CLBS", ARTICLB
VI, II/,rRUCIt RO'UtrBS MiD GROSS WBl:cm.T LIJIITS. BY.lJlBNDDtG SICTION 70-
231, "DBSXGRATXOU", BY GDmG HORTH 8TH STRBB'r, J'ROX BAIlBOURS <:U'1'
DOULBVAllD, '.rO A POXHT 300 mmDRBD J'BB'r HOR'l'H OJ' TO BORTH R:IGJIT-OJ'-
WAY LDIB 01' BARBOURS CUT BOUX,SVARD, PROVXDntG THAT AI1Y PERSOH
VIOLATDfG 'I'D TBRIIS 01' TJlXS ORDXRAHCB SHALL DB DBIJIBI) GU:ILTY OJ' A
JaSDBMlAHOR. .um UPOIl COIVXcrXOH SHALL DB rDtBD X1l1 A SUK HOT TO
EXCIID J'XVI KURDRID DOLLARS, CONTAINING A RBPIALDtG CLAUSE,
COJIITADlIKa A SBVBUBILI'rY OLAUSI, P:ROVIDDlQ 1'01. PUBLXCATXOH 01' ftB
CUT:IOIl DRIOI'I I'nmnrQ COIIPLI:J\HCI "X'.rH TBB OPO IIBBT.IHGS LAW, AIm
PROVIDING AU II'J'ECTIVB DATB BBRIOI'.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Seotion 1. Chapter 70, "Traffic and Vehicles", Article VI,
"Truck Routes and Gross. weight LimitsD, Section 70-231,
"Designation", is hereby amended by adding thereto, th. followina-
route, to-wit:
"Seo. 70-231. Designation_
North 8th Street
Extent
Barbours Cut Boulevard to a point 300
feet north of the north right-Of-way line
of Barbours c.ut Boulevard"
Section 70-231, "Designation", as hereby amended, shall remain
Route
in full force and effect.
Section 2 _ 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 Five Hundred Dollars ($500.00).
Seotion 3. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict only.
Section~. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or claus.e, of this Ordinance
shall, for any reason, be held invalid, such invalidity shall not
affect the remaining portions of this Ordinance, and it is hereby
declared to be the intention of this city Council to have passed
eaoh 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.
seotion 5. The City council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council 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 6. This Ordinance shall be effective fourteen (14)
days after its passage and approval. The City Secretary shall give
notice to the passage of the ordinance by causing the caption to be
published in the official newspaper of the City of La Porte at
least twice within ten (10) days after the passage of the
ordinance.
PASSED AND APPROVED, this 11th day of January, 2010.
CITY OF LA PORTE
By:
Barry Beasley
Mayor
2
A'rTBSTI
Martha A. Gillett
City Seoretary
3
12
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: January 25. 2010
Budl!:et
Requested By: D. Wilmore
Source of Funds:
Department: Planning
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Amount Requested:
Exhibits: Highlight Memo on Inspection Division Activities
Budgeted Item: YES NO
Exhibits:
Exhibits
SUMMARY & RECOMMENDATION
Attached is a staff report highlighting Inspection Division activities.
Action Reauired bv Council:
II~ !VO
Date
Memo
To:
From:
Mayor and City Council
Debbie S. Wilmore, Chief Building Official
Ron Bottoms, City Manager; John Joems, Assistant City Manager; and Tim
Tietjens, Director of Planning
1/18/2010
CC:
Date:
Re:
Highlight Memo on Inspection Division Activities
The following is our monthly report on some of the highlights of the Inspection Services
Division.
A "thank you" from the owner of 9226 Carlow Lane
· The owner demolishedlbegan reconstruction of a garage without city authorization or
permits. In reviewing plans, it was determined the old structure/slab were located on
both a county and city utility easement. Zoning regulations prevent rebuilding in the
same location.
· With staff's help, the owner was able to select a new garage location and agreed to
remove the "illegal" structure started on the old garage slab. An "open slab" was
allowed to remain in place since the degree of nonconformity was decreased. The
owner thanked staff both bye-mail and in person.
Zoning Permits for 300 N. Hwy. 146 and 310 N. 8th
· Staff received (1) zoning permit request; however, our research revealed the proposed
land they wished to utilize was actually a combination of (5) HCAD parcels that were
separated by a city alley. In addition, we were able to confirm the previous tenant was
a similar use to the proposed tenant.
· The owners worked with staff in getting these locations tied together with HCAD and
addressing non-conformities. Now the multiple lots are known as (2) addresses and
are easy to identify. The tenant (honey business) recently obtained their permits and
moved into the location.
Meeting Handout
*
UPDATE 1.20.10
PRESCRIPTION DISCOUNT CARD PROGRAM
In October 2008, the National League of Cities (NLC) announced a new Prescription Discount Card Program to help
residents of member cities cope with the high cost of prescription medications. Shortly thereafter on March 16,
2009, the NLC, in conjunction with the City of Deer Park, introduced the Prescription Discount Card Program to
Deer Park residents. The City of Deer Park is 1 of only 16 cities in the State of Texas currently offering the program.
Since its inception, the program has saved Deer Park residents a total of over $23,757 on prescription drugs. In
December 2009, the program had 93 participating Deer Park residents and the average savings per prescription
was $12.17, which is an estimated 21.8% in RX savings. Participation in the NLC Prescription Discount Card
Program continues to steadily increase.
The card is free to all Deer Park residents, regardless of age, income or existing health insurance. By using the
card, residents can save an average of 20% off the regular retail price of prescription drugs at participating
pharmacies. There are no membership fees or enrollment forms required to get the card. Rest assured that
personal information remains confidential and the City of Deer Park only receives monthly reports showing overall
participation numbers and statistics.
Residents may access the program online to print a card, check drug prices and locate participating pharmacies at
www.caremark.com/n Ic.
You may also pick up a card at the following City of Deer Park facilities:
City Hall, 710 E. San Augustine
Community Center, 610 E. San Augustine
Deer Park Public Library, 3009 Center Street
Maxwell Adult Center, 1201 Center Street
Claude Burgess Center, 4200 Kalwick
Deer Park Police Station, 2911 Center Street
Municipal Court & Theater Buildin~ 1302 Center Street
The Battleground Golf Course, 1600 Georgia Avenue
Participating pharmaCies in Deer Park include:
Walgreens #03848
3300 Center Street
Deer Park, Texas 77536
281-479-3488
CVS Pharmacy #03699
3505 Center Street
Deer Park, Texas 77536
281-476-3461
Wal-Mart Pharmacy #10-5116
9025 Spencer Highway
Deer Park, Texas 77536
281-479-9364
For more information, visit www.caremark.com/nlc or call 1-888-620-1749.
110 Broadway, 5te C, La Porte, TX 77571
\f
#ACJ9790
WAYNE WICKS
& ASSOCIATES
7134391896 '" 7136224748
To the Honorable Barry Beasley
Mayor of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
RECEIVED
'JAN 22 2010
CITY SECRETARY'S
OFFICE
Re: Main Street entrance
Dear Mayor;
I am writing this letter out of concern and misunderstanding. When we met you told me if
I ever had an issue or comment regarding the city to please let you know. I recently called
to compliment your "Main Street" coordinator about the banners displayed on the light
poles on Main and how I liked the fact the city was doing so much to improve its' image
with the addition of the new pedestrian mall/park. When the inquiry turned to the
construction and installation of the columns at the entrance to downtown La Porte at
Main and Highway 146 I was informed that it was "tabled".
Here in lies my concern, we researched several locations within this area and those
columns' were a part of our decision making process. They would uplift and "invite"
business to Main Street, thus encouraging new business and development. After seeing
the blueprint for the progressive changes and purchasing the building, we also met with
the city coordinator to ensure our remodeling designs would meet the new standards. We
worked diligently with the Main Street coordinator and the Texas Main Street
Commission to ensure we met their exact standards. We have diligently worked to be an
asset to the community. Now with the columns being "tabled" we feel the city has not
only let us down, but they have thwarted any hopes of encouraging any new business.
To paraphrase your own website, "La Porte is a city with a vision. One vision is to be
recognized as a top municipal corporation in the State of Texas. In order to make our
vision a reality, our City Council adopted an Airport Master Plan, a Comprehensive Plan,
a Parks Master Plan, a Bicycle and Pedestrian Trail Implementation Plan, a Northside
Plan, a Zoning Ordinance, and a Bayfront Master Plan. We promote a Mission Statement
that encourages excellence at all levels, creativity, and innovation to grow progressively
with the community. With administrative staff that is committed to the highest standards
for its citizens, La Porte offers outstanding municipal services."
Those columns are the "bookends" to the new entrance and the new mall/park that the
city has so beautifully done. As a business owner who has bought into the vision
statement, I feel we have done everything asked by the city and that it would be an empty
promise and misleading if not completed.
Respectfully yours,
RECEIVED
IJAN 22 2010 SUPPORT LETTER
CITY SECRETARY'S
OFFICE
I(D) fl @ fl 0 fVl fl {fl)
UU JAN 22 20W ~
By_
My signature is to show my support for the Forrest Ave name change to
North Forrest Ave. There is currently a recommendation on the table to
make a North Forrest Ave (La Porte) And a South Forest Ave
(Shoreacres). This will help eliminate the confusion of two streets with
the same name.
ADDRESS
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