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HomeMy WebLinkAbout2010-2-22MINUTES OF REGULAR MEETING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL FEBRUARY 22, 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, Mike Clausen and Chuck Engelken Members of Council Absent: John Black and Mike Mosteit Members of City Executive Staff and City Employees Present: City Manager's Office: Ron Bottoms, Dawn Anderson, John Joerns and Stacey Osborne Legal: Clark Askins City Secretary's Office: Martha Gillett Public Works: Steve Gillett Planning: Tim Tietjens, Debbie Wilmore and Isaac Rodriguez Police Department: Ken Adcox, Matthew Novosad, Kelly Green, Jeff Kominek, John Glick, Tammy McBeath, Steve Deardorff, John Krueger, Frank Fullbright, Tracy Phelan Finance: Michael Dolby Parks and Recreation: Stephen Barr Purchasing: Susan Cream Economic Development: Stacey Osborne Fire: None EOC: Jeff Suggs Golf: Alex Osmond Others Present: Kathryn Aguilar, Mike Shanahan, Leonard Zlomke, Keith Nolin, Steven McClendon, Josh Schaefer, Jessica and Derrick Rankin, Kayla Gonzales, Jonathan Cortes, Adam Yanelli of Bayshore Sun, Ted Powell, Sherri Ditrich, Mr. and Mrs. Rosa, Richard Warren and other citizens. 2. The Invocation given by Assistant City Attorney Clark Askins. 3. Councilman Daryl Leonard led the Pledge of Allegiance. 4. Presentations/Proclamations Mayor Beasley and Police Chief Ken Adcox presented Lieutenant Tammy McBeth as "Manager of the Year". 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 February 8, 2010 - M. Gillett Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on February 22, 2010 2 B. Council to consider approval or other action authorizing expenditures of city funds for professional testing services for the Sens Road Utility Project - S. Gillett C. Council to consider approval or other action awarding bid # 10017 for Golf Course Equipment - S. Gillett D. Council to consider approval or other action regarding an ordinance amending Chapter 6, "Alcoholic Beverages" and Chapter 50, "Parks and Recreation" of the Code of Ordinances of the City of La Porte, regarding regulation of city parks (Ord. 3223) - S. Barr E. Council to consider approval or other action authorizing the City Manager to execute an agreement for the construction of the Sens Road Utility Relocation Project - S. Gillett F. Council to consider approval or other action authorizing the City Manager to execute an agreement with Van De Wiele Engineering Inc. to provide construction phase and project inspection services for the Sens Road Utility Relocation Project - S. Gillett G. Council to consider approval or other action authorizing City Manager to sign grant and other documents for speed and intersection traffic control STEP grant (Res. 2010-01) - K. Adcox Assistant City Attorney Clark Askins read the following agenda captions: Ordinance 3223 - AN ORDINANCE AMENDING CHAPTER 6, "ALCOHOLIC BEVERAGES" AND CHAPTER 50 "PARKS AND RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN THE AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. Resolution 2010-01 -WHEREAS, INJURIES AND DEATHS FROM TRAFFIC CRASHES BRING LOSS AND SUFFERING TO THE CITIZENS OF THIS COMMUNITY; AND WHEREAS, THE COST OF SUCH INJURIES BRINGS ECONOMIC HARDSHIP TO FAMILIES; AND WHEREAS; THE COMMUNITY'S HEALTH CARE SYSTEM AND EMERGENCY RESPONSE RESOURCES ARE SIGNIFICANTLY IMPACTED BY INJURIES OF TRAFFIC CRASHES; AND WHEREAS; RESEARCH SHOWS THAT SPEED IS A CAUSATIVE FACTOR IN MANY TRAFFIC CRASHES; AND Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on February 22, 2010 3 WHEREAS; FAILURE TO OBEY TRAFFIC CONTROL DEVICES, SIGNS AND SIGNALS AT INTERSECTIONS CAUSES MANY TRAFFIC CRASHES; AND WHEREAS; THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION STATICS HAVE SHOWN THAT REDUCING SPEED LIMIT AND TRAFFIC CONTROL VIOLATORS PREVENTS CRASHES, SAVES LIVES AND REDUCES NON-FATAL INJURIES WHILE RESULTING IN ECONOMIC SAVINGS TO SOCIETY; WHEREAS; THE SPEED/INTERSECTION TRAFFIC CONTROL STEP INCLUDES PUBLIC EDUCATION AND INTENSIFIED LAW ENFORCEMENT TO GET THE COMMUNITY TO COMPLY WITH SPEED LIMITS AND TRAFFIC CONTROL DEVICES, SIGNS AND SIGNALS; NOW THEREFORE, BE IT RESOLVED THAT THE CITY OF LA PORTE APPROVES THE CITY MANAGER TO EXECUTE ALL DOCUMENTS FOR THE SPEED/ITC STEP GRANT FOR OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2011; JOINING PUBLIC AND PRIVATE SECTOR LEADERS ACROSS TEXAS SUPPORTING THE CAMPAIGN; URGING ALL RESIDENTS AND VISITORS OF LA PORTE TO ABIDE BY TRAFFIC LAWS, TO PROTECT LIFE AND THE QUALITY OF LIFE IN THIS COMMUNITY. Motion was made by Councilmember Clausen to approve the consent agenda as presented. Second by Councilmember Engelken. Motion carried. Ayes: Engelken, Rigby, Moser, Leonard, Clausen and Mayor Beasley Nays: None Abstain: None Absent: Black and Mosteit Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council on any item posted on the agenda (Limited to five minutes) Kathryn Aguilar - 3119 Fondren -requested the city conduct an independent audit on the city's expenditures and revenues. Ted Powell -1700 Roscoe -informed City Council Ms. Crawford attendance was noted in the February 8, 2010 minutes but not when she actually spoke addressing City Council. Matt Novosad, President of the La Porte Police Officer's Association (LPPOA) spoke on behalf of the LPPOA regarding sergeant promotions within the Police Department. Mike Shannahan - 200 S. Virginia -addressed City Council regarding opening of the Town Plaza. He expressed his concerns with noise, lack of restroom facilities/parking and traffic. Mr. Shannahan respectively requested City Council to direct City Staff to postpone opening the park until conducting an analysis on the impact of residents that reside close to the Town Plaza. Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on February 22, 2010 4 7. Council to consider approval or other action regarding an ordinance amending Ordinance 1285 (Policeman's Civil Service) (3194) by deleting one authorized patrol position and adding one authorized sergeant position (Ord. 3224) - K. Adcox Chief of Police Ken Adcox presented summary and recommendation and answered Councils' questions. Assistant City Attorney Clark Askins read Ordinance 3224, AN ORDINANCE AMENDING ORDINANCE N0. 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 HEROF. Motion was made by Councilmember Clausen to approve Ordinance 3224 as presented by Chief Adcox. There was no second to the motion. Ordinance died for lack of a second to the motion. 8. Close Regular Meeting and open Workshop Meeting. Mayor Beasley closed Regular Meeting and opened Workshop Meeting at 6:47 p.m. A. Discuss Brookglen Pool Uplift - S. Barr Parks and Recreation Director Stephen Barr discussed Brookglen Pool Uplift. Council directed staff to bring back to a future meeting and have a second option with a spray park that circulates water. B. Discuss Notification of Affordable Rental Housing Application received - T. Tietjens Planning Director Tim Tietjens discussed Notification of Affordable Rental Housing Applications received. Council directed Mr. Tietjens to draft a letter in opposition to the project and submit it. C. CIP Updates for First Quarter - (S. Barr, S. Gillett, A. Osmond and T. Tietjens) CIP Updates for the First Quarter was provided by Parks and Recreation Director Stephen Barr, Director of Public Works Steve Gillett, Golf Course Manager Alex Osmond and Planning Director Tim Tietjens. D. Discuss Tax Abatements - S. Osborne Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on February 22, 2010 5 Economic Development/Main Street Coordinator Stacey Osborne discussed Tax Abatements. Ted Powell -1700 Roscoe -addressed City Council and expressed he does not feel tax abatements would be beneficial to the community. Council directed staff to move forward with the following amendments: 1) 20,000-50,000 square feet @ 10 % rate with a minimum of three million dollars. 2) take out warehousing 3) create jobs Council directed staff to bring back to a future meeting as an action item in the future. 9. Close Workshop Meeting and reconvene Regular Meeting Mayor Beasley closed Workshop Meeting and reconvened Regular Meeting at 8:29 p.m. 10. Receive Inspections Report from City Staff - S. Gillett Building Official Debbie Wilmore provided the monthly Inspections Report. 11. Receive Drainage and Flooding Committee -Board Member Mike Clausen Board Member Clausen provided a report from the Drainage and Flooding Committee. 12. City Manager Ron Bottoms provided Administrative Reports for the following: Early Voting for Run-Off Election -February 15, 2010 -February 23, 2010 - 8:00 a.m. - 5:00 p.m. Extended hours for Early Voting will be Wednesday, February 17, 2010 7:00 a.m. - 7:00 p.m. and Tuesday, February 23, 2010 - 7:00 a.m. - 7:00 p.m. Early Voting on Saturday, February 20, 2010 - 8:00 a.m. - 5:00 p.m. February 26, 2010 - La Porte Bayshore Chamber of Commerce Annual "Casino Night" - Barbour's Cut Cruise Terminal -North 820 North "L" Street - 6:30 p.m. February 26, 2010 -Annual Chili Cook -off - 6:00 p.m. - 10:00 p.m. -Evelyn Kennedy Center February 27, 2010 -Run-Off Election - 7:00 a.m. - 7:00 p.m. - La Porte City Hall and Baker Sixth Grade Campus March 8, 2010 -City Council Meeting - 6:00 p.m. Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on February 22, 2010 6 13 Council Comments: Engelken, Moser 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 14. Executive Session -pursuant to provision of the Open Meeting Law, Chapter 551, Texas Government Code, Sections 551.071 through 551.076, 551.087 (consultation with attorney, deliberation regarding real property, deliberation regarding prospective gift or donation personnel matters, deliberation regarding security devices, or excluding a witness during examination of another witness in an investigation ,deliberation regarding economic development negotiations) 15. Considerations and possible action on items considered in executive session. There was no executive session held. 16. Adjournment Being no further business, the meeting was duly adjourned at 8:40 p.m. Respectfully submitted, artha Gillett, TRMC, CMC City Secretary ed and approved on this 8th day of March 2010. ayo rry Be ley B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Februarv 22. 2010 Bud2et Requested By: Steve Gillett Source of Funds: Fund 03 Department: Public Works Account Number: 003-9890-933-1100 Report: X Resolution: Ordinance: Amount Budgeted: $]54,162 Exhibits: Professional Services Proposal Amount Requested: 25,000 Exhibits: Budgeted Item: YES Exhibits SUMMARY & RECOMMENDATION Quality control assurances within the design specifications for the Sens Road Utility relocation Project require various tests for moisture density, stabilization and compaction for trench backfill. The firm of Professional Services Industries (PSI) has submitted a proposal to provide testing services for the Project with an estimated cost of $18,400. Due to the potential for additional testing if problem soils are encountered, a total authorization of$25,000 is requested. PSI Inc. has provided this type of professional services for many La Porte projects in the past and provided excellent services. Additionally they have an office in La Porte and provide an excellent response time for the City and Contractor. J I,~ h Date In ~ ;l Information ~..,. To Build On Engineering. Consulting. 'Testing January 20, 2010 Mr. Don Pennell City of LaPorte - Public Works 2963 North 23rd Street LaPorte, Texas 77571 Phone: 281-471-9650 Re: Proposal to Provide Professional Services Construction Materials Engineering and Testing Large Diameter Sanitary Trunk Sewer and Other Utilities Sens Road from North D Street to North L Street, North H Street and North L Street La Porte, Texas PSI Proposal No.: 0204~12683.Rev..1 Dear Mr. Pennell: Professional Service Industries, Inc. (PSI) is pleased to submit to City of LaPorte-Public Works the following proposal for construction materials testing and inspection services for your project Sens Road Sanitary Sewer and Utility project in La Porte, Texas. PSI is a national family of consulting engineering and testing offices specializing in materials testing and inspection, environmental consulting, and geotechnical engineering services. We are one of the nation's leading consulting engineering firms with more than 3,000 employees in 130 offices located throughout the United States. PSI performs a complete range of engineering and testing services including: ) Environmental Consulting Services (Site Assessments, Asbestos, Lead Paint, Indoor Air Quality Services) ) Geotechnical Engineering and Drilling Services ) Construction Materials Testing and Inspection ) Non Destructive Testing ) Facilities Consulting PSI's central office for the Houston region is located adjacent to the downtown business district at 1714 Memorial Drive and can respond quickly at short notice. In addition, PSI has three satellite offices; North Houston, La Porte and Clute, from which we can provide additional support to your project. Professional Servlce Industries, Inc. . 1413 West Barbours Cut. La Porte, TX 77571 . Phone 281/471-2900' Fax 281/471-2956 City of laporte.Public Works PSI Proposal No.: 0204-12683.Rev-1 1/20/2010 Page 2 of 9 PSI proposes to provide experienced qualified technical personnel to perform services in general accordance with the project plans and specifications. PSI will perform these services as requested by the client. Michael J. Whitecotton, PE will be the responsible registered Engineer for your project. Scope of Services: PSI understands the project will consist of the installation of approximately 13,000 linear feet of sanitary force main, storm sewer, and waterlines along Sens Road from North 0 Street to North L Street, along North H Street and along North L Street. There will also be underground auguring of the utilities beneath pavements. We understand the concrete and asphalt on the project will be temporary and will not require inspections or testing. The project will require approximately 210 days for substantial completion. We anticipate approximately 80 days of periodic inspections and testing for our services. Based on this information, the plans, City of LaPorte Specifications, Harris County Specifications, and our experience with similar projects, PSI proposes the following scope of services for your project. 1. Earthwork - The earthwork scope includes the inspections and testing of the installation of the utilities ranging from 4" up to 36" PVC, as well as the Manhole and Fire Hydrant installations. We anticipate PSI's testing services to be on a relatively full-time basis during the utility line installation portion. PSI will perform the following field inspections and testing for the items described above, as per the project specifications. a) Sample subgrade, select fill, trench backfill, and cement stabilized sand. Prepare and test the samples for classification by the Atterberg Limits, and moisture density relationship. b) Perform field density tests using the nuclear method to determine the moisture content and percent compaction of the subgrade, fill, and backfill. c) Project Manaqement- Project Management for the project will consist of the attendance of progress meeting if requested, review of concrete mix designs if requested, the oversight of the testing, review and issuing of the reports of the test results. 1115/1 City of LaPorte-Public Works PSI Proposal No.: 0204-12683.Rev-1 1120/2010 Page 3 of 9 Project Fees: Our estimated total budget to perform the testing is $18,400.00. A breakdown of this budget is attached. This cost estimate is based in the project plans and specifications. PSI's total fees would be determined by the actual amount of technical time expended for this project and the amount of laboratory testing performed, but is not anticipated to exceed this cost. Please note that this is only a budget estimate and not a not-to-exceed price. Many factors beyond our control, such as weather and the contractor's schedule, will dictate the final fee for our services. We will not exceed our estimated budget amount unless authorized. Copies of the PSI Schedule of Services and Fees, Construction Materials Estimate, and General Conditions are attached and incorporated into this proposal. To serve as authorization to proceed please sign below and return one (1) copy of this proposal intact. PSI cannot issue reports until a signed copy of the proposal or alternate form of contract is received. In addition, we would appreciate it if you would complete and return the attached Project Data Sheet so that we can set up your project file. We trust that the attached Information is sufficient for your needs. After you have had an opportunity to review our proposal we will contact you to answer any questions you might have or provide additional information regarding your project. Respectfully, Professional serv~, Inc. ~~~~ Michael J. Whitecotton, P.E. Branch Manager Attachments: Construction Materials Estimate hedule of Services & Fees neral Conditions roj t Data Sheet DAY OF 'February 20/V , AGREED T BY: TITLE: FIRM: lra~;l I:!!.fii3I. . City of laPorte-Public Works PSI Proposal No.: 0204-12683.Rev-1 PROFESSIONAL SERVICE INDUSTRIES, INC. 1/20/2010 1714 Memorial Drive * Houston * 1X 77007 * 713-224-2047 Page 4 of 9 Construction Materials Estimate Construction Materials Cost Estimate Sens Road Sanitary Sewer and Utilities laPorte, Texas 1 Earthwork. Buildina & Pavement Subnrade Quantity 320 o 320 320 Senior Engineering Technician Sr. Engineering Technician - OT Nuclear Density Gauge Vehicle Soils - Laboratory Proctors Atterbergs Material Finer Than #200 Sieve Cement Stabilized Sand Lime Curve QUantitv 5 3 o 4 o 2 Project Manaaement Project Manager QUantitv 14 Unit Rate $36.00 $54.00 $7.00 $7.50 Unit hour hour hour hour Subtotal Unit Rate Unit $140.00 each $50.00 each $50.00 each $50.00 each $200.00 each Subtotal Unit Rate Unit $85.00 hour Subtotal ESTIMATED PROJECT TOTAL l"~;l I!!.". . Cost $11,520.00 $0.00 $2,240.00 $2,400.00 $16,160.00 Cost $700.00 $150.00 $0.00 $200.00 $0.00 $1,050.00 Cost $1,190.00 $1,190.00 $18,400.00 D REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 22,2010 Appropriation Requested By: Stephen L. Barr Source of Funds: N/A Department: Parks & Recreation Acc't Number: Report: _Resolution: _Ordinance: -L Amount Budgeted: N/A Exhibits: Ordinance Amending CH 6 & Ch 50 Ordinance Amending CH 6 & Ch 50 Review Exhibits: Copy, Showing Additions & Deletions Amount Requested: N/ A Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION In the past several years the City of La Porte has opened (and closed) several parks and facilities and we need to update our Ordinances by amending several issues relative to those changes. In particular, with the addition of the Five Points Town Plaza, the regulatory issues relating to alcohol permitting in our parks and general uses in parks needed to be upgraded. Our Ordinance governing public hours of operation of our parks was not codified and so now is being included in this amendment. The following bullets highlight the major changes being proposed in this amendment. · CodifY and defme existing alcohol permit rules and regulations that are currently in use. · Add new parks to park system inventory and codifY public hours of operation for parks in the City of La Porte park system. · Remove two facilities that are no longer serving as park related or rental facilities. · Change the status ofFairmont Park from Regional Park to Community Park status in anticipation of the new sports complex opening. · Add additional general use provisions for parks in the City of La Porte park system. · Remove provisions for the operation of Sylvan Beach Pavilion. Staff recommends approval of the Ordinance amending Chapter 6 and Chapter 50 as shown. The amendment will allow us to operate the new facilities more efficiently and appropriately. enda t?9/to Date ORDINANCE NO. _---.az23 AN ORDINANCE AMENDING CHAPTER 6 "ALCOHOLIC BEVERAGES" AND CHAPTER 50 "PARKS AND RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS; CONTAINING A SEVERABLITY CLAUSE; CONTAINING A REPEALING CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF;AND PROVIDING AN EFFECTIVE DATE; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LA PORTE: SECTION 1. Chapter 6 "Alcoholic Beverages", Article I "In General", Section 6-1 "Definitions", of the Code of Ordinances of the City of La Porte, Texas is hereby amended, by including the following terms which shall be added in proper alphabetical sequence, and which shall hereinafter read as follows: Alcohol Permit - A City of La Porte Alcohol Permit authorizes the PERMITTEE to provide alcoholic beverages at no charge, to guests at a specific event whose time and place have been approved through the City of La Porte Parks & Recreation Department procedure for such event, on City of La Porte owned or leased property. Under no circumstances does the City of La Porte Alcohol Permit supersede the Federal, State, or Local Law, Ordinance, or rules and regulations established by the Texas Alcoholic Beverage Commission or other regulatory authority. Security Officer - Security for events held on City of La Porte property, is provided by contractual agreement, by the La Porte Police Officer's Association (LPPOA). Payment for services rendered under this contract, are made by the LESSEE, directly to the LPPOA, through the Security Officers provided for the event. Restricted Use Event - an event which is attended by invited guests only. Non-Restricted Use Event - an event which is open to the public. Lessee - the person who has paid for the rental of the facility and has paid for the requisite Alcohol Permit, provided that the prerequisites for such permit have been met. SECTION 2. Chapter 6 "Alcoholic Beverages", Article I "In General", Section 6-3 "Consumption or possession with intent to consume alcoholic beverages on city property", of the Code of Ordinances of the City of La Porte, Texas is hereby amended, which said section shall hereinafter read as follows: Page 1 of 13 "Sec. 6-3. Consumption or possession with intent to consume alcoholic beverages on city property. (1) Prohibited. A person commits an offense if he consumes or possesses with intent to consume an alcoholic beverage in or on any real property owned by or leased by or to the city or the La Porte Independent School District. (2) Permits for certain noncommercial events. The Director of Parks and Recreation may issue special permits for noncommercial events (such as wedding receptions, private parties and similar gatherings, but not including athletic events), for a daily fee in an amount established by the city and listed in appendix A of this Code, permitting consumption of alcoholic beverages in or on any real property owned by or leased by or to the city. (3) Rules, Regulations, & Security Requirements for Special Events with Alcohol Permits, at Recreation Centers & Outdoor Facilities. (a) Alcohol Permits will not be issued at City of La Porte Recreation Centers, with the exception of Evelyn Kennedy Civic Center, unless authorized by the Director of Parks & Recreation or the Department Operations Manager. (b) Alcohol Permits will be issued at City of La Porte outdoor venues upon approval of a Special Use Event Permit or Co-Sponsorship Event Permit, also issued by the Director of Parks & Recreation or the Department Operations Manager. Exception will be made for the Lomax Rodeo Arena, provided a standard Rental/Lease agreement is completed satisfactorily by the Lessee. (c) Alcohol is permitted to be consumed at City of La Porte owned or leased property by Permit only. Alcoholic beverages of any kind CANNOT be sold by Lessee or guests. A City of La Porte Alcohol Permit must be purchased at the Parks & Recreation office for $25 and posted at the event. If the permit is not posted, Security Officers will not allow any consumption of alcohol, and all alcohol will need to be removed from the premises. The person whose signature is on the permit must be on site the entire time alcohol is being consumed. All laws, Ordinances, rules and regulations regarding possession & consumption of alcoholic beverages, shall be strictly complied with. Alcohol consumption will be confined to the congregate/kitchen areas only, for buildings, and fenced or enclosed areas for outdoor events, as specified in the Permit. No alcoholic beverages will be permitted to be carried out of that designated area, nor can it be consumed in the parking lot(s). (d) The duties of Security Officer includes counting the number of guests at the front door to meet fire code and department regulations, monitoring the ballroom and parking Page 2 of 13 lot; and enforcing all existing National, State, and Local Laws, Ordinances, and Parks & Recreation Department Rules and Regulations. (e) It is the purview of the Parks and Recreation Director, the Operations Manager, or their designee, to determine the specific number of Security Officers required for each event and to arrange for such security service, based on the guidelines above, the governing City Ordinance(s), and the information provided by the Lessee. Therefore, the Pre-Event Security Request Forms sent to the Police Department will designate the predetermined number of security required for each event. Only the Parks and Recreation Department Director or Operations Manager for the Department are authorized to make changes to the number of security required, as mentioned above, for unforeseen circumstances that may make an adjustment in security levels necessary. The Lessee does not have authority to reduce pre-arranged security levels for any event. Security Officers are authorized to restrict the number of attendees for an event to the number pre-specified by the Lessee. (f) Security Officers are required whenever alcohol is permitted. The City of La Porte has a contractual agreement with the La Porte Police Officers' Association, and they have the exclusive right to provide security services for City of La Porte events. Lessee agrees to allow the City of La Porte to arrange for Security Officers, and agrees that Lessee will pay $30 per hour per Security Officer. Security must be scheduled by the seventh (7th) business day prior to the event date and no changes can be made seven (7) or less business days prior to event. If for any reason the event is cancelled seven (7) or less days prior to the event, the customers deposit will be applied to the Security Officer's payment and invoiced for the difference if any. Security Officers are to be PAID IN CASH the actual date of the event prior to the events scheduled time. If the payment for security services is not paid in cash prior to the event, the contract for the event shall be considered null and void, and the Security Agent has the right to cancel the event. Please be aware you will forfeit your deposit and rental fee, and the event will not take place if you fail to meet this obligation. (g) It is the responsibility of the Security Officers to keep fully informed of, and enforce all existing and future Federal, State, and Local Laws, Ordinances, as well as rules and regulations ofthe Parks & Recreation Department. (h) Lessee is responsible for all payments to Security Officers for services rendered, except in cases where scheduling conflicts arise and Parks & Recreation personnel are at fault. Final determination of fault lies solely with the Director of Parks & Recreation or the Department Operations Manager. (4) Exceptions. The Bay Forest Golf Course is expressly exempted from subsection (a) of this section; provided, however, that the city-approved concessionaire shall comply with section 6-38 ofthis Code which requires an annual license from the city for the sale Page 3 of 13 of beer, wine or other alcoholic beverages." SECTION 3. Chapter 50 "Parks and Recreation". Article I "In General" Section 50-1 "La Porte Park System established", of the Code of Ordinances of the City of La Porte, Texas is hereby amended, which said section shall hereinafter read as follows: "Sec. 50-1. La Porte Park System established. (a) The city council for the City of La Porte, by this section, establishes general use provisions regulating park and facility usage for all parks, park areas, park related facilities, and rental facilities in the City of La Porte Park System. Public conduct and usage of each park, park area, park related facility or rental facility in the city park system shall be governed according to the provisions described herein. (b) It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this chapter, during the prosecution of such offenses in any criminal proceeding." SECTION 4. Chapter 50 "Parks and Recreation". Article I "In General" Section 50-2 "Parks and park area defmed", of the Code of Ordinances of the City of La Porte, Texas is hereby amended, which said section shall hereinafter read as follows: "Sec. 50-2. Parks and park areas defined. The parks, park areas, park related facilities, and rental facilities which comprise the City of La Porte Parks System are listed below and their location within the city established. (1) Parks, Neighborhood: Name of Park Bay Oaks Park Brookglen Park Creekmont Park (un-named park) "D" Street Linear Park Fourteenth St. Park Glen Meadows Park Ohio St. Park Pete Gilliam Park Pfeiffer Park Seabreeze Park Location 254 Dwire 3324 Somerton 700 Willow Creek 3800 Driftwood 200-800 North "D" Street 500 North 14th Street 5 I 00 V alley Brook 300 South Ohio 200 North Holmes 900 South Virginia 1322 Bayshore Drive Page 4 of 13 Spenwick Park Tom Brown Park 19225 Carlow 300 South Lobit (2) Parks, Community: Name of Park Central Park Northside Park Fairmont Park Location 618 San Jacinto 322 North 4th Street 3540 Farrington (3) Parks, Regional: Name of Park Little Cedar Bayou Park Lomax Park Northwest Park Five Points Town Plaza (un-named sports complex & park) 600 South Little Cedar Bayou Drive 1508 Lomax School Road 10200 North "P" Street 101 S. Broadway @Main Street 3600 Canada Road (4) Park Related and Rental Facilities Name of Facility Brookglen Recreation Center Evelyn Kennedy Civic Center La Porte Recreation and Fitness Center La Porte RodeolRiding Arena La Porte Special Programs Center Lomax Community Center Sylvan Beach Fishing Pier Jennie Riley Recreation Center Charles Walker Annex Location 3324 Somerton 618 San Jacinto 1322 South Broadway 1508 Lomax School Road 1320 South Broadway 1508 Lomax School Road 812 North Bayshore Drive 322 North 4th Street 322 North 4th Street (5) Park areas defined Park areas shall be defmed as any City of La Porte property or grounds which are maintained by the parks and recreation department, including parkways, esplanades, subdivision entrances, and other areas which are under the control of the parks and recreation department. (6) Parks, park areas, park related facilities, rental facilities, additions. Future addition of dedicated parkland, park areas, park related facilities, rental facilities to the City of La Porte Parks System, as approved by city councilor placed under the control of the parks and recreation department by executive order; shall be subject to and be governed by the provisions described herein." SECTION 5. Chapter 50 "Parks and Recreation". Article I "In General" Section 50-3 "Park use Page 5 of 13 generally", of the Code of Ordinances of the City of La Porte, Texas is hereby amended, which said section shall hereinafter read as follows: "Sec. 50-3. Park use generally. No person shall use any park, park area or park related facility or rental facility for any purpose other than for the purpose for which it was designed, dedicated, or for which special use has been granted. (1) Special use generally. No person shall hold, conduct, or cause to occur any special use of any park, park area or facility without first obtaining the written permission of the Director of Parks and Recreation. (2) Special park facilities generally. No person shall visit, use or otherwise be within or upon any park, park area, park related facility or rental facility outside the posted hours of operation without the written permission of the Director of Parks and Recreation, nor shall any person during such posted hours be within or upon such facilities without first paying any applicable fees and/or securing any required permits related thereto. (3) Concessions and sales generally. No person shall have the right to offer anything for sale or barter, or to exhibit anything, or to conduct any amusement, recreational activity, sports event, or other business for which any participation or admission fee is charged or revenue is otherwise derived within any park, park area, park related facility or rental facility without first obtaining the written consent of the Director of Parks and Recreation. (4) Playing of musical devices. No person shall play any musical instrument, radio, tape player, compact disc player, or other musical device within the parks system other than for hislher own enjoyment, provided that such person shall not thereby encroach upon the use and enjoyment of the parks by others. (5) Glass containers prohibited; exception. No person shall bring into or upon the parks, or have in hislher possession while therein or thereupon, any glass receptacle including but not limited to glass bottles, glass jars, drinking glasses or other glass containers of any kind. The prohibition of glass containers shall not apply to baby bottles, baby food jars, glass lined vacuum bottles and glass lined picnic beverage coolers. (6) Litter prohibited No person shall throw or otherwise dispose of any trash or litter in any park, park area, park related facility, rental facility, or water area except in the containers provided therefor. (7) Dumpingprohibited No person shall dump any debris, junk, garbage, waste, fill, or other material onto or into the parks system or the water areas thereof. (8) Camping prohibited No person shall establish a campsite upon or use any area of the parks system as a campsite without the prior written permission of the Director of Parks and Page 6 of 13 Recreation. (9) Building of.fires prohibited No person shall build or cause to be built any fires within the parks or park areas except in the camp stoves or grills provided therefor an only for the purpose of food preparation. Personal stoves or grills brought to the parks by the public for such purposes shall be exempt from this provision, provided such apparatus is located so as not to harm or endanger any tree, shrub, building, or park appurtenance, or thereby encroach upon the use and enjoyment of the parks by others. Exceptions may be provided, subject to written permission and approval of the Director of Parks and Recreation and the city fire marshal. (10) Fireworks prohibited No person shall discharge any fireworks upon or within the parks system. Professional fireworks displays proposed as a part of an event of program shall be exempt from this provision subject to the written permission and approval of the Director of Parks and Recreation and the city fire marshal. (11) Flying ofldtes, radio controlled airplanes restricted No person shall fly any kite, radio controlled airplane or similar device within 100 feet of any park building or playing field in use by other patrons, nor operate such device so as to endanger any park patron or thereby encroach upon the use and enjoyment of the parks by others. (12) Amusement rides prohibited No person shall erect or operate any mechanical amusement rides, midway rides, air containing apparatus, or similar apparatus within the parks system, without the prior written permission ofthe Director of Parks and Recreation. (13) Vehicles in parks generally. No person shall drive or propel any passenger car, pickup truck, sport utility vehicle, motorcycle, all-terrain vehicle, go-cart, trail bike, or any other vehicle over or through the parks, park areas, sports fields, or other park facilities except along or upon designated park drives, or parkways. a. Parking of vehicles. No person shall park any motorized vehicle in the parks system except in the areas designated for such purpose. b. Commercial or heavy laden vehicles prohibited No person shall drive, propel, or park any heavily laden vehicle, or vehicle carrying merchandise, goods, material or rubbish, or any moving van or truck within the parks, park areas, or park facilities. c. Vehicles; exception. The provisions related to vehicles herein shall not apply to carts required for accessibility and operated by senior citizens or physically challenged individuals, or where the operation and/or usage of such vehicles or other vehicles are approved by the Director of Parks and Recreation as a part of routine maintenance, or a program, activity, or event. In the event that motorized vehicles are allowed in park areas within the park system, such motorized vehicles shall not interfere with nor impede pedestrian traffic within the said park areas. Page 7 of 13 (14) Riding or driving animals; exception. No person shall ride or drive any horse, cattle, goat, sheep, donkey, mule, or other livestock over or through the parks, park areas, or park facilities, except along or upon designated bridle paths and driveways, or to or from loading or unloading points, or unless prior approval has been received therefor by the Director of Parks and Recreation as a part of a program, activity or event. This provision will not apply to the area at Lomax Park designated as the Lomax Arena and its surrounding areas. (15) Teasing, injuring, etc., animals, fowl or fish, prohibited No person shall tease, annoy, molest, catch, or throw any stone, object or missile of any kind at, or strike with any stick, object or weapon any animal in a park. This provision will not apply to fishing or fishing activities in any body of water in the park system. (16) Gambling, games of chance prohibited No person shall gamble, conduct or operate any bingo, lottery or other games of chance within a park, park area, or park related facility, or rental facility. This provision will not apply to bingo games at the senior citizens center, or other nonprofit game, which is approved in writing by the Director of Parks and Recreation. (17) Distribution of alcoholic beverages restricted No person shall sell, give away, or otherwise distribute any alcoholic beverage, as defmed by the Texas Alcoholic Beverage Code, on or within the parks, park areas, park related facilities, or rental facilities unless authorized by concessions contract or agreement, or through a permit issued by the Director of Parks and Recreation. In considering any permit request pertaining to alcoholic beverages, the Director of Parks and Recreation shall evaluate the purpose of the permit request, the location of the proposed activity, and the likelihood of any adverse impacts of distributing such beverages. As a condition of any permit issued to sell or distribute alcoholic beverages, the Director of Parks and Recreation may require the presence of two or more certified police officers, the cost of which is to be borne by the requesting party. Approval of the Director of Parks and Recreation to distribute or sell alcoholic beverages shall be conditional to any permit approvals, licensing requirements, or restrictions of the Texas Alcoholic Beverage Commission (T.A.B.C.) (18) Alcoholic beverages prohibited No person shall consume or display any alcoholic beverage within any park, park area, or park related facility, or rental facility of the City of La Porte, as designated herein, except with a permit issued by the Director of Parks and Recreation. (19) Erecting structures, bill posting, etc., prohibited No person shall place, erect, or attach any structure, sign, bulletin board, post, pole, or advertising device of any kind whatever in the parks, park areas, or park facilities; or attach any notice, bill, poster, sign, wire, rod, or cord to any tree, shrub, fence, railing, post, or structure in the parks, park areas, or park related facilities, or rental facilities unless authorized by a written, signed agreement or permit issued by the Director of Parks and Recreation. Page 8 of 13 (20) Handbill distribution prohibited. No person or bill distributor shall hand to or foist upon any park patron a handbill or other material without the consent of such park patron, nor shall any bill distributor thereby encroach upon the use and enjoyment of the parks system by others. (21) Walking, standing, or sitting on borders, flower beds, etc., prohibited. No person shall walk, stand, or sit on or in any border, flower bed, monument, vase, fountain, railing or fence in the parks, park areas, park related facilities, or rental facilities unless the border, et aI, is clearly designed or designated for such purpose. (22) Removal of plants, tree cutting prohibited. No person shall remove or cut any flower, shrub, vine, tree, or other plant in the parks system without the written permission of the Director of Parks and Recreation. (23) Planting of trees, plants, restricted. No person shall plant any flower, shrub, tree, or other plant in the parks system without the written permission of the Director of Parks and Recreation. (24) Hunting, use of firearms prohibited. No person shall hunt any animal or shoot, fire, or discharge any pistol, shotgun, or rifle, other firearm or archery arrow in, on, along, or across any park, park area, or park related facility, or rental facility. (25) Dogs or other animals in park buildings, facilities prohibited. No person having control over a dog, or any other animal, shall bring such an animal into any special park facility or park building except the Lomax Arena and surrounding areas of Lomax Park. This provision shall not apply to a guide dog or to a dog or other animal brought into a park building under a permit issued therefore by the Director of Parks and Recreation. (26) Vandalism, defacement of property. No person shall perform any act of malice, vandalism, or otherwise deface any real or personal property in, on, or within any park, park area, park related facility, or rental facility in the parks system. (27) Dogs or other animals, pets, on park property other than buildings, facilities. Dogs, animals, or pets on leash may enter park property, except as restricted in subparagraph 25 of this section, for the purpose of recreation. It is the responsibility of the owner/leash holder to control the activities of the dog, animal or pet; and the said owner/leash holder of the dog, animal or pet is responsible for any damages or injuries caused by the dog, animal, or pet while on park property. It is the responsibility of the owner/leash holder to remove and properly dispose of waste deposits discharged by a dog, animal, or pet on park property. (28) Vendors. No person shall vend, sell, solicit, or otherwise exchange merchandise in a City park or park facility unless a special use permit has been issued for such purpose by the Director of Parks & Recreation pursuant to Section 50-14 of this Code, and when Page 9 of 13 required by this Code, a solicitor's permit has been issued by the City Secretary. SECTION 6. Chapter 50 "Parks and Recreation". Article I "In General" of the Code of Ordinances of the City of La Porte, Texas is hereby amended by adding Section 50-18 "Establishing public hours of operation for park use generally", which said section shall be added in proper numerical sequence, and shall hereinafter read as follows: "Sec. 50-18. Establishing public hours of operation for park use generally. The City Council for the City of La Porte establishes hours of public operation for all City Parks and park related facilities and rental facilities in the City of La Porte park system. Each park, park related facility or rental facility in the City Park system shall be open to, and be closed to the general public each day according to the schedule described herein. The parks, park related facilities, and rental facilities of the City of La Porte Parks System are classified below and their hours of public operation are as follows, unless written authorization is given for a special event at the park or facility as provided for in this Ordinance. (1) Parks, Neighborhood: Name of Park Bay Oaks Park Brookglen Park Creekmont Park (un-named park @ 3800 Driftwood) "D" Street Linear Park Fourteenth S1. Park Glen Meadows Park Ohio S1. Park Pete Gilliam Park Pfeiffer Park Seabreeze Park Spenwick Park Tom Brown Park Hours of Operation 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7 :00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. (1) Parks, Community: Name of Park Central Park Northside Park Fairmont Park Hours of Operation 7:00 a.m. - 10:00 p.m. 7:00 a.m. - 10:00 p.m. 7 :00 a.m. - 10:00 p.m. Page 10 of 13 (2) Parks, Regional: Name of Park Little Cedar Bayou Park Lomax Park Northwest Park Five Points Town Plaza (un-named sports complex & park) (3) Park Related and Rental Facilities Name of Facility Brookglen Recreation Center Evelyn Kennedy Civic Center Jennie Riley Recreation Center Charles Walker Annex La Porte Recreation and Fitness Center La Porte Rodeo/Riding Arena** La Porte Special Programs Center Sylvan Beach Fishing Pier*** Hours of Operation 7:00 a.m. - 11 :00 p.m. 7 :00 a.m. - 11 :00 p.m. 7:00 a.m. - 11 :00 p.m. 7:00 a.m. - 11 :00 p.m. 7 :00 a.m. - 11 :00 p.m. * Hours of Operation Daily as Scheduled, except Sunday Daily as Scheduled, except Sunday Daily as Scheduled, except Sunday Daily as Scheduled, except Sunday Monday - Friday 5:30 a.m. - 9:00 p.m. Saturday & Holidays Open* 10:00 a.m. - 6:00 p.m. Sundays 1 :00 p.m. - 6:00 p.m. 7:00 a.m. - 11 :00 p.m. Daily as Scheduled, except Sunday 5 :00 a.m. - 11 :00 p.m. * The La Porte Recreation & Fitness Center is closed to the public on the following holidays - Christmas Eve Day, Christmas Day, Thanksgiving Day, Easter Sunday, & New Year's Day. ** The Riding Arena at Lomax Park may remain open to the public until 12 Midnight on Friday and Saturday nights, if the facility is rented for a special event. *** The Sylvan Beach Fishing Pier may remain open 24 hours per day during certain fishing days as determined by the Concessionaire, per agreement between the City of La Porte and the Concessionaire. Sees. 50-19--50-30. Reserved. SECTION 7: Chapter 50 "Parks and Recreation", Article VI "Sylvan Beach", Division I "Generally", Section 50-186, "Parking Charges", of the Code of Ordinances of the City of La Porte, Texas is hereby repealed in its entirety. SECTION 8. Chapter 50 "Parks and Recreation", Article VI "Sylvan Beach", Division I Page 11 of 13 "Generally" of the Code of Ordinances of the City of La Porte, Texas is hereby amended by amending Sections 50-187--50-205. "Reserved", which said Section shall read as follows: "Secs. 50-186--50-205. Reserved." SECTION 9: Ordinances 1783 and l783-A, and as codified in Chapter 50 "Parks and Recreation", Article VI "Sylvan Beach", Division 2 "Sylvan Beach Pavilion", of the Code of Ordinances of the City of La Porte, including all sections under said Division 2, beginning with Section 50-206 "Rental Fee Policy and Schedule Established" and through and including Section 50- 216 "Liability Insurance", and Secs. 50-217--50-235. "Reserved", is hereby repealed in its entirety. SECTION 10. Chapter 50 "Parks and Recreation", Article VI "Sylvan Beach", Division 3 "Fishing Pier" of the Code of Ordinances of the City of La Porte, Texas is hereby amended and shall hereinafter read as follows: "DIVISION 2. FISHING PIER Sec. 50-206. Fee policy established; adjustment. (a) The city council has established fees for Sylvan Beach Fishing Pier. The city council has sought to establish fees which will amortize the initial costs to provide the facility and to increase use and access to the facility by all community groups. The city council hereby establishes its firm policy, in fairness to all users, that no waiver of fees, discounts from fees or deviations from the published schedule of fees shall be allowed by the city council nor by city administrative staff. (b) The city council will review the income and expenses of Sylvan Beach Fishing Pier, and will make appropriate adjustments to the fees as conditions warrant. Sec. 50-207. Pier use fees. The Sylvan Beach Fishing Pier shall be open seven days a week at a daily rate in an amount established by the city and listed in appendix A of this Code. The first 25 disabled people will be admitted free of charge each day. To obtain free or discount rate, the disabled person must present the state department of transportation disabled person placard. Sec. 50-208. Pier rules and regulations; right of city to refuse use. The Sylvan Beach Fishing Pier will be subject to reasonable rules and regulations, which shall be promulgated by the director of parks and recreation or his designee, with the approval of the city manager. The city reserves the right to refuse any person, firm or group to use the pier for lewd or immoral purposes, or where the activities of such group may reasonably be expected to result in a breach of the peace, or cause a threat to public health or safety. Secs. 50-209--50-270. Reserved." SECTION 11: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Page 12 of13 SECTION 12. If any provIsIon, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. SECTION 13. Any person who violates a provision of this Ordinance, upon conviction in the municipal court of the City of La Porte, shall be subject to a fine not to exceed five hundred dollars ($500.00). Each day of violation shall be considered a separate offense. SECTION 14. 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 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 15. This ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the Bayshore Sun at least once within the ten (10) days after the passage of this ordinance. PASSED AND APPROVED, this 22ND DAY OF FEBRUARY, 2010 CITY OF LA PORTE ATTEST: '1JJ/wltl0 r/JAu Martha Gillett, City Secretary ~~* Barry B as ley, M or APIWOFORM: r ,Id~ Clark T. Askins, Assistant City Attorney Page 13 of 13 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6 "ALCOHOLIC BEVERAGES" AND CHAPTER 50 "PARKS AND RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS; CONTAINING A SEVERABLITY CLAUSE; CONTAINING A REPEALING CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF;AND PROVIDING AN EFFECTIVE DATE; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LA PORTE: SECTION 1. Chapter 6 "Alcoholic Beverages", Article I "In General", Section 6-1 "Definitions", of the Code of Ordinances of the City of La Porte, Texas is hereby amended, by including the following terms which shall be added in proper alphabetical sequence, and which shall hereinafter read as follows: SECTION 2. Chapter 6 "Alcoholic Beverages", Article I "In General", Section 6-3 "Consumption or possession with intent to consume alcoholic beverages on city property", of the Code of Ordinances of the City of La Porte, Texas is hereby amended, which said section shall hereinafter read as follows: Page 1 of16 "Sec. 6-3. Consumption or possession with intent to consume alcoholic beverages on city property. (1) Prohibited. A person commits an offense if he consumes or possesses with intent to consume an alcoholic beverage in or on any real property owned by or leased by or to the city or the La Porte Independent School District. (2) Permits for certain noncommercial events. The Director of Parks and Recreation may issue special permits for noncommercial events (such as wedding receptions, private parties and similar gatherings, but not including athletic events), for a daily fee in an amount established by the city and listed in appendix A of this Code, permitting consumption of alcoholic beverages in or on any real property owned by or leased by or to the city. Page 2 of 16 (4) Exceptions. The Bay Forest Golf Course expressly exempted from subsection (a) of this section; provided, however, that the city- approved concessionaire shall comply with section 6-38 of this Code which requires an Page 3 of16 annual license from the city for the sale of beer, wine or other alcoholic beverages." SECTION 3. Chapter 50 "Parks and Recreation". Article I "In General" Section 50-1 "La Porte Park System established", of the Code of Ordinances of the City of La Porte, Texas is hereby amended, which said section shall hereinafter read as follows: "Sec. 50-1. La Porte Park System established. (a) The city council for the City of La Porte, by this section, establishes general use provisions regulating park and facility usage for all parks, park areas, park related facilities, and rental facilities in the City of La Porte Park System. Public conduct and usage of each park, park area, park related facility or rental facility in the city park system shall be governed according to the provisions described herein. (b) It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this chapter, during the prosecution of such offenses in any criminal proceeding." SECTION 4. Chapter 50 "Parks and Recreation". Article I "In General" Section 50-2 "Parks and park area defined", of the Code of Ordinances of the City of La Porte, Texas is hereby amended, which said section shall hereinafter read as follows: "Sec. 50-2. Parks and park areas defined. The parks, park areas, park related facilities, and rental facilities which comprise the City of La Porte Parks System are listed below and their location within the city established. (1) Parks, Neighborhood: Brookglen Park Creekmont Park 3324 Somerton 700 Willow Creek Fourteenth St. Park Glen Meadows Park Ohio St. Park Pete Gilliam Park Pfeiffer Park Seabreeze Park 500 North 14 Street 51 00 Valley Brook 300 South Ohio 200 North Holmes 900 South Virginia 1322 Bayshore Drive Page 4 of16 (2) Parks, Neighborhood (Cont'd): Name of Park Location Tom Brown Park 300 South Lobit (3) Parks, Community: Name of Park Central Park Northside Park Location 618 San Jacinto 322 North 4th Street (4) Parks, Regional: 600 South Little Cedar Bayou Drive 1508 Lomax School Road 10200 North "P" Street Little Cedar Bayou Park Lomax Park Northwest Park (5) Park Related and Rental Facilities Name of Facility Brookglen Recreation Center Evelyn Kennedy Civic Center Location 3324 Somerton 618 San Jacinto Jennie Riley Recreation Center Charles Walker Annex 1322 South Broadway 1508 Lomax School Road 1320 South Broadway 1508 Lomax School Road 812 North Bayshore Drive ~ 322 North 4th Street La Porte Recreation and Fitness Center La Porte RodeolRiding Arena La Porte Special Programs Center Lomax Community Center Sylvan Beach Fishin Pier (5) Park areas defined Park areas shall be defmed as any City of La Porte property or grounds which are maintained by the parks and recreation department, including parkways, esplanades, subdivision entrances, and other areas which are under the control of the parks and recreation department. (6) Parks, park areas, park related facilities, rental facilities, additions. Future addition of Page 5 of16 dedicated parkland, park areas, park related facilities, rental facilities to the City of La Porte Parks System, as approved by city councilor placed under the control of the parks and recreation department by executive order; shall be subject to and be governed by the provisions described herein." SECTION 5. Chapter 50 "Parks and Recreation". Article I "In General" Section 50-3 "Park use generally", of the Code of Ordinances of the City of La Porte, Texas is hereby amended, which said section shall hereinafter read as follows: "Sec. 50-3. Park use generally. No person shall use any park, park area or park related facility or rental facility for any purpose other than for the purpose for which it was designed, dedicated, or for which special use has been granted. (1) Special use generally. No person shall hold, conduct, or cause to occur any special use of any park, park area or facility without first obtaining the written permission of the Director of Parks and Recreation. (2) Special park facilities generally. No person shall visit, use or otherwise be within or upon any park, park area, park related facility or rental facility outside the posted hours of operation without the written permission of the Director of Parks and Recreation, nor shall any person during such posted hours be within or upon such facilities without first paying any applicable fees and/or securing any required permits related thereto. (3) Concessions and sales generally. No person shall have the right to offer anything for sale or barter, or to exhibit anything, or to conduct any amusement, recreational activity, sports event, or other business for which any participation or admission fee is charged or revenue is otherwise derived within any park, park area, park related facility or rental facility without first obtaining the written consent of the Director of Parks and Recreation. (4) Playing of musical devices. No person shall play any musical instrument, radio, tape player, compact disc player, or other musical device within the parks system other than for hislher own enjoyment, provided that such person shall not thereby encroach upon the use and enjoyment of the parks by others. (5) Glass containers prohibited; exception. No person shall bring into or upon the parks, or have in his/her possession while therein or thereupon, any glass receptacle including but not limited to glass bottles, glass jars, drinking glasses or other glass containers of any kind. The prohibition of glass containers shall not apply to baby bottles, baby food jars, glass lined vacuum bottles and glass lined picnic beverage coolers. (6) Litter prohibited. No person shall throw or otherwise dispose of any trash or litter in any park, park area, park related facility, rental facility, or water area except in the containers provided Page 6 of16 therefor. (7) Dumping prohibited No person shall dump any debris, junk, garbage, waste, fill, or other material onto or into the parks system or the water areas thereof. (8) Camping prohibited No person shall establish a campsite upon or use any area of the parks system as a campsite without the prior written permission of the Director of Parks and Recreation. (9) Building offires prohibited No person shall build or cause to be built any fires within the parks or park areas except in the camp stoves or grills provided therefor an only for the purpose of food preparation. Personal stoves or grills brought to the parks by the public for such purposes shall be exempt from this provision, provided such apparatus is located so as not to harm or endanger any tree, shrub, building, or park appurtenance, or thereby encroach upon the use and enjoyment of the parks by others. Exceptions may be provided, subject to written pennission and approval of the Director of Parks and Recreation and the city fire marshal. (10) Fireworks prohibited No person shall discharge any fireworks upon or within the parks system. Professional fireworks displays proposed as a part of an event of program shall be exempt from this provision subject to the written pennission and approval of the Director of Parks and Recreation and the city fire marshal. (11) Flying of kites, radio controlled airplanes restricted No person shall fly any kite, radio controlled airplane or similar device within 100 feet of any park building or playing field in use by other patrons, nor operate such device so as to endanger any park patron or thereby encroach upon the use and enjoyment of the parks by others. (12) Amusement rides prohibited No person shall erect or operate any mechanical amusement rides, midway rides, air containing apparatus, or similar apparatus within the parks system, without the prior written permission of the Director of Parks and Recreation. (13) Vehicles in parks generally. No person shall drive or propel any passenger car, pickup truck, sport utility vehicle, motorcycle, all-terrain vehicle, go-cart, trail bike, or any other vehicle over or through the parks, park areas, sports fields, or other park facilities except along or upon designated park drives, or parkways. a. Parking of vehicles. No person shall park any motorized vehicle in the parks system except in the areas designated for such purpose. b. Commercial or heavy laden vehicles prohibited No person shall drive, propel, or park any heavily laden vehicle, or vehicle carrying merchandise, goods, material or rubbish, or any moving van or truck within the parks, park areas, or park facilities. c. Vehicles; exception. The provisions related to vehicles herein shall not apply to carts required for accessibility and operated by senior citizens or physically challenged Page 70f16 individuals, or where the operation and/or usage of such vehicles or other vehicles are approved by the Director of Parks and Recreation as a part of routine maintenance, or a program, activity, or event In the event that motorized vehicles are allowed in park areas within the park system, such motorized vehicles shall not interfere with nor impede pedestrian traffic within the said park areas. (14) Riding or driving animals; exception. No person shall ride or drive any horse, cattle, goat, sheep, donkey, mule, or other livestock over or through the parks, park areas, or park facilities, except along or upon designated bridle paths and driveways, or to or from loading or unloading points, or unless prior approval has been received therefor by the Director of Parks and Recreation as a part of a program, activity or event. This provision will not apply to the area at Lomax Park designated as the Lomax Arena and its surrounding areas. (15) Teasing, injuring, etc., animals, fowl or fish, prohibited No person shall tease, annoy, molest, catch, or throw any stone, object or missile of any kind at, or strike with any stick, object or weapon any animal in a park. This provision will not apply to fishing or fishing activities in any body of water in the park system. (16) Gambling, games of chance prohibited No person shall gamble, conduct or operate any bingo, lottery or other games of chance within a park, park area, or park related facility, or rental facility. This provision will not apply to bingo games at the senior citizens center, or other nonprofit game, which is approved in writing by the Director of Parks and Recreation. (17) Distribution of alcoholic beverages restricted No person shall sell, give away, or otherwise distribute any alcoholic beverage, as defmed by the Texas Alcoholic Beverage Code, on or within the parks, park areas, park related facilities, or rental facilities unless authorized by concessions contract or agreement, or through a permit issued by the Director of Parks and Recreation. In considering any permit request pertaining to alcoholic beverages, the Director of Parks and Recreation shall evaluate the purpose of the permit request, the location of the proposed activity, and the likelihood of any adverse impacts of distributing such beverages. As a condition of any permit issued to sell or distribute alcoholic beverages, the Director of Parks and Recreation may require the presence of two or more certified police officers, the cost of which is to be borne by the requesting party. Approval of the Director of Parks and Recreation to distribute or sell alcoholic beverages shall be conditional to any permit approvals, licensing requirements, or restrictions of the Texas Alcoholic Beverage Commission (T.A.B.C.) (18) Alcoholic beverages prohibited. No person shall consume or display any alcoholic beverage within any park, park area, or park related facility, or rental facility of the City of La Porte, as designated herein, except with a permit issued by the Director of Parks and Recreation. (19) Erecting structures, bill posting, etc., prohibited No person shall place, erect, or attach any structure, sign, bulletin board, post, pole, or advertising device of any kind whatever Page 8 of16 in the parks, park areas, or park facilities; or attach any notice, bill, poster, sign, wire, rod, or cord to any tree, shrub, fence, railing, post, or structure in the parks, park areas, or park related facilities, or rental facilities unless authorized by a written, signed agreement or permit issued by the Director of Parks and Recreation. (20) Handbill distribution prohibited. No person or bill distributor shall hand to or foist upon any park patron a handbill or other material without the consent of such park patron, nor shall any bill distributor thereby encroach upon the use and enjoyment of the parks system by others. (21) Walking, standing, or sitting on borders, flower beds, etc., prohibited. No person shall walk, stand, or sit on or in any border, flower bed, monument, vase, fountain, railing or fence in the parks, park areas, park related facilities, or rental facilities unless the border, et aI, is clearly designed or designated for such purpose. (22) Removal of plants, tree cutting prohibited. No person shall remove or cut any flower, shrub, vine, tree, or other plant in the parks system without the written permission of the Director of Parks and Recreation. (23) Planting of trees, plants, restricted. No person shall plant any flower, shrub, tree, or other plant in the parks system without the written permission of the Director of Parks and Recreation. (24) Hunting, use of firearms prohibited. No person shall hunt any animal or shoot, fire, or discharge any pistol, shotgun, or rifle, other fireann or archery arrow in, on, along, or across any park, park area, or park related facility, or rental facility. (25) Dogs or other animals in park buildings, facilities prohibited. No person having control over a dog, or any other animal, shall bring such an animal into any special park facility or park building except the Lomax Arena and surrounding areas of Lomax Park. This provision shall not apply to a guide dog or to a dog or other animal brought into a park building under a permit issued therefore by the Director of Parks and Recreation. (26) Vandalism, defacement of property. No person shall perform any act of malice, vandalism, or otherwise deface any real or personal property in, on, or within any park, park area, park related facility, or rental facility in the parks system. Page 90f16 SECTION 6. Chapter 50 "Parks and Recreation". Article I "In General" of the Code of Ordinances of the City of La Porte, Texas is hereby amended by adding Section 50-18 "Establishing public hours of operation for park use generally", which said section shall be added in proper numerical sequence, and shall hereinafter read as follows: "Sec. 50-18. Establishing public hours of operation for park use generally. The City Council for the City of La Porte establishes hours of public operation for all City Parks and park related facilities and rental facilities in the City of La Porte park system. Each park, park related facility or rental facility in the City Park system shall be open to, and be closed to the general public each day according to the schedule described herein. The parks, park related facilities, and rental facilities of the City of La Porte Parks System are classified below and their hours of public operation are as follows, unless written authorization is given for a special event at the park or facility as provided for in this Ordinance. (1) Parks, Neighborhood: Fourteenth St. Park Glen Meadows Park Ohio St. Park Pete Gilliam Park Pfeiffer Park Seabreeze Park 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7 :00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. 7:00 a.m. - 9:30 p.m. Tom Brown Park 7:00 a.m. - 9:30 p.m. Page 10 of16 (1) Parks, Community: Name of Park Central Park Northside Park Hours of Operation 7:00 a.m. - 10:00 p.m. 7:00 a.m. - 10:00 .m. (2) Parks, Regional: Name of Park Little Cedar Bayou Park Lomax Park Northwest Park Hours of Operation 7 :00 a.m. - 11 :00 p.m. 7 :00 a.m. - II :00 p.m. 7 :00 a.m. - 11:00 .m. (3) Park Related and Rental Facilities Name of Facility Brookglen Recreation Center Evelyn Kennedy Civic Center Jennie Riley Recreation Center Charles Walker Annex La Porte Recreation and Fitness Center La Porte Rodeo/Riding Arena** La Porte Special Programs Center Sylvan Beach Fishing Pier*** * Hours of Operation Daily as Scheduled, except Sunday Daily as Scheduled, except Sunday Daily as Scheduled, except Sunday Daily as Scheduled, except Sunday Monday - Friday 5:30 a.m. - 9:00 p.m. Saturday & Holidays Open* 10:00 a.m. - 6:00 p.m. Sundays 1 :00 p.m. - 6:00 p.m. 7:00 a.m. - 11 :00 p.m. Daily as Scheduled, except Sunday 5 :00 a.m. - 11 :00 p.m. * The La Porte Recreation & Fitness Center is closed to the public on the following holidays - Christmas Eve Day, Christmas Day, Thanksgiving Day, Easter Sunday, & New Year's Day. ** The Riding Arena at Lomax Park may remain open to the public until 12 Midnight on Friday and Saturday nights, if the facility is rented for a special event. Page 11 of 16 Sees. 50-19--50-30. Reserved. SECTION 7: Chapter 50 "Parks and Recreation", Article VI "Sylvan Beach", Division I "Generally", Section 50-186, "Parking Charges", of the Code of Ordinances of the City of La Porte, Texas is hereby repealed in its entirety. SECTION 8. Chapter 50 "Parks and Recreation", Article VI "Sylvan Beach", Division I "Generally" of the Code of Ordinances of the City of La Porte, Texas is hereby amended by amending Sections 50-187--50-205. "Reserved", which said Section shall read as follows: "Sees. 50-186--50-205. Reserved." SECTION 9: Ordinances 1783 and 1783-A, and as codified in Chapter 50 "Parks and Recreation", Article VI "Sylvan Beach", Division 2 "Sylvan Beach Pavilion", of the Code of Ordinances of the City of La Porte, including all sections under said Division 2, beginning with Section 50-206 "Rental Fee Policy and Schedule Established" and through and including Section 50- 216 "Liability Insurance", and Sees. 50-217--50-235. "Reserved", is hereby repealed in its entirety. Page 12 of16 Page 13 006 SECTION 10. Chapter 50 "Parks and Recreation", Article VI "Sylvan Beach", Division 3 "Fishing Pier" of the Code of Ordinances of the City of La Porte, Texas is hereby amended and shall hereinafter read as follows: "DIVISION 2. FISHING PIER Sec. 50-206. Fee policy established; adjustment. Page 14 of16 (a) The city council has established fees for Sylvan Beach Fishing Pier. The city council has sought to establish fees which will amortize the initial costs to provide the facility and to increase use and access to the facility by all community groups. The city council hereby establishes its firm policy, in fairness to all users, that no waiver of fees, discounts from fees or deviations from the published schedule of fees shall be allowed by the city council nor by city administrative staff. (b) The city council will review the income and expenses of Sylvan Beach Fishing Pier, and will make appropriate adjustments to the fees as conditions warrant. Sec. 50-207. Pier use fees. The Sylvan Beach Fishing Pier shall be open seven days a week at a daily rate in an amount established by the city and listed in appendix A of this Code. The first 25 disabled people will be admitted free of charge each day. To obtain free or discount rate, the disabled person must present the state department of transportation disabled person placard. Sec. 50-208. Pier rules and regulations; right of city to refuse use. The Sylvan Beach Fishing Pier will be subject to reasonable rules and regulations, which shall be promulgated by the director of parks and recreation or his designee, with the approval of the city manager. The city reserves the right to refuse any person, firm or group to use the pier for lewd or immoral purposes, or where the activities of such group may reasonably be expected to result in a breach of the peace, or cause a threat to public health or safety. Secs. 50-209--50-270. Reserved." SECTION 11: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. SECTION 12. If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. SECTION 13. Any person who violates a provision of this Ordinance, upon conviction in the municipal court of the City of La Porte, shall be subject to a fine not to exceed five hundred dollars ($500.00). Each day of violation shall be considered a separate offense. SECTION 14. 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 as required by the Open Meetings Law, Page 15 of 16 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 15. This ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the Bayshore Sun at least once within the ten (10) days after the passage of this ordinance. PASSED AND APPROVED, this 22ND DAY OF FEBRUARY, 2010 CITY OF LA PORTE ATTEST: Martha Gillett, City Secretary Barry Beasley, Mayor APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney Page 16 of 16 E REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Februa 22 2010 Appropriation Requested By: S. Gillett Source of Funds: Fund 47 Department: Account Number: 047-9892-933-1100 Report: X Resolution: Ordinance: Amount Budgeted: $1,800,000 Exhibits: Engineer's Recommendation and Bid Tabulation Amount Requested: $1.800.000 Exhibits: Budgeted Item: Yes Exhibits SUMMARY & RECOMMENDATION The City, in February 2006, retained Van De Wiele Engineering, to perform Preliminary Engineering Services for the installation of a new 12 inch water line and the extension of a gravity sanitary sewer trunk sewer along Sens road from North D Street to North P Street. On January 14, 2008, the city council approved an agreement with Van De Wiele Engineering to perform final design and bidding phase services for the Project. The Project was delayed due to right-of-way issues between the County and private utility companies. The County recently gave approval for the city to bid the Project. A total of six (6) bidders were prequalified for the Project. Bids were received on February 4, 2010 with five (5) bidders responding. The Engineers Recommendation and Bid Tabulation is attached. Low bid was submitted by Angel Brothers Enterprises, Ltd. in the amount of$I,657,547.38. It is recommended that the bid be awarded to Angel Brothers Enterprises, Ltd., and that an 8.5% contingency of 142,452.62 be authorized. Funds are available in Fund 03 for engineering and testing services. Construction will be funded through Fund 47. Ron Bottoms, City Manager J /tr; !eo Date vanDeWtele. Engineering Incorporated 2925 Briarpark, Suite 275 Houston, 1)( 77042-3720 7131782-0042 Fax 7131782-5337 February 10,2010 Mr. Steve Gillett Director of Public Works City of La Porte 2963 North 23rd. Street La Porte, Texas 77571 Attn: Mr. Don Pennell Re: Bid Tabulation - Sealed Bid No. 10011 Large Diameter Sanitary Trunk Sewer - Sens Road from North D Street to North L Street and Other Utilities North H Street and North L Street VEl Project No. 20009-802-1-UTL Dear Mr. Gillett: Van De Wiele & Vogler, Inc. has reviewed the five bids submitted to the City of La Porte on February 4,2010 for the captioned project. The bid amounts and bidder rank are presented in the table below. Bidders 2 and 3 had minor mathematical errors in their bids; but neither affected their respective ranking. All bidders furnished the acknowledgments of having received Addenda 1,2 and 3. Bidder Bid Total Corrected Total Rank Angel Brothers Enterprises, Ltd. $1,657,547.38 $1,657,547.38 1 Reliance Construction Services, L.P. $2,015,138.23 $2,015,138.63 2 Huff & Mitchel, Inc. $2,251,884.40 $2,260,684.40 3 E.P. Brady, LID $2,566,339.05 $2,566,339.05 4 BHR-Garver Construction, LTD. $3,097,327.90 $3,097,327.90 5 We recommend the contract be awarded to the Angel Brothers Enterprises, Ltd. for the amount of $1,657,547.38 (see enclosed Bid Tabulation). Texas Professional Engineering Finn Registration No. F148 Mr. Steve Gillett February 10, 2010 Page 2 of2 If you have any questions or if you need additional information, please contact me. u~~ Daniel P. Simeone, P .E. Senior Project Manager Municipal Projects Enc1: Bid Tabulation F :\20009\802-1 \Docs\Project Manual\Addendum 3\Bid Award Recommendation Ltr.doc ~nDeWzele Engineering Incorporated Texas Professional Engineering Finn Registration No. F148 TION IORTH L STREET AND OTHER UTILITIES NORTH H STREET AND NORTH L STREET lIed Bid No. 10011 :lder RankinCl: 1 I 2 I 3 4 5 I owest Bids AriOel Brothers Entemrises, Lid. I Reliance Construction Services, loP. I Huff & Mitchel, Inc. E.P. Brady, L TO r BRH-Garver Construction, L TO. I r 0131 in Fioures Unit Price T alai in Fioures Unit Price T alai in Fioures I Unit Price T alai in Fioures Unit Price Total in Fioures I Unit Price T alai in Fioures I 23333.33 $ 500.00 i $ 50000.00 $ 50.00 i $ 5000.00 $ 150.00 ! $ 15000.00 $ 630.00 ! $ 63,000.00 $ 400.00 i $ 40 000.00 1 354.67 $ 20.00 i $ 2 540.00 $ 10.00 i $ 1 270.00 $ 2.00 i $ 254.00 $ 10.00 i $ 1 270.00 $ 11.00 i $ 1 397 .00 2 333.33 $ 2 000.00 i $ 2 000.00 $ 2000.00 i $ 2 000.00 $ 3 000.00 i $ 3000.00 $ 2 50000 i $ 2 500.00 $ 8 800.00 i $ 8800.00 10266.67 $ 1.275.00 i $ 10200.00 $ 1.375.00 i $ 11 000.00 $ 1 200.00 i $ 9 600.00 $ 1 335.00 i $ 10680.00 $ 1 200.00 i $ 9600.00 520.00 $ 10.00 i $ 520.00 $ 10.00 i $ 520.00 $ 10.00 i $ 520.00 $ 20.00 i $ 1,040.00 $ 16.00 i $ 832.00 1 000.00 $ 300.00 i $ 600.00 $ 500.00 i $ 1,000.00 $ 700.00 i $ 1 400.00 $ 250.00 i $ 500.00 $ 570.00 ! $ 1140.00 2916.67 $ 2500.00 i $ 2500.00 $ 1 250.00 i $ 1 250.00 $ 5000.00 i $ 5,000.00 $ 1,000.00 i $ 1 000.00 $ 44 000.00 i $ 44 000.00 7161.00 $ 6.00 i $ 11718.00 $ 3.00 i $ 5859.00 $ 2.00 i $ 3906.00 $ 3.00 i $ 5 859.00 $ 11.00 i $ 21 483.00 2 257.50 $ 5.50 i $ 4966.50 $ 1.00 i $ 903.00 $ 1.00 i $ 903.00 $ 10.00 i $ 9 030.00 $ 11.00 i $ 9933.00 1 566.67 $ 850.00 i $ 1 700.00 $ 500.00 i $ 1 000.00 $ 1 000.00 i $ 2,000.00 $ 1 000.00 i $ 2 000.00 $ 660.00 i $ 1 320.00 52,709.83 i $ 86,744.50 i $ 29,802.00 ! $ 41,583.00 i $ 96.879.00 i $ 138,505.00 11,362.33 $ 14.00 i $ 10,724.00 $ 10.50 i $ 8,043.00 $ 20.00 i $ 15,320.00 $ 2480 1 $ 18,996.80 $ 2800 1 $ 21.448.00 164,489.33 $ 12.001$ 34,428.00 $ 90.00 1 $ 258,210.00 $ 7000 I $ 200,830.00 $ 66.35 i $ 190,358.15 $ 95.00 I $ 272,555.00 49680.00 $ 10.00 i $ 8280.00 $ 90.00 1 $ 74520.00 $ 80.00 i $ 66240.00 $ 71.30! $ 59 036.40 $ 97.00 i $ 80 316.00 232.68 $ 0.01 i $ 0.84 $ 4.301$ 361.20 $ 4.00 1 $ 336.00 $ 1.401$ 117.60 $ 4.001$ 336.00 703.58 $ 0.011 $ 2.54 $ 4.301$ 1,092.20 $ 4.001$ 1,016.00 $ 3.60 1$ 914.40 $ 4.00! $ 1,016.00 7 035.33 $ 60.00 i $ 7 320.00 $ 63.00 j $ 7 686.00 $ 50.00 i $ 6,100.00 $ 59.50 ! $ 7,259.00 $ 110.00! $ 13,420.00 7,340.67 $ 7.00 I $ 5,929.00 $ 9.001$ 7,623.00 $ 10.00 i $ 8,470.00 $ 19.551 $ 16,558.85 $ 23.00 1 $ 19,481.00 240,843.93 i $ 66,684.38 i $ 357,535.40 i $ 298,312.00 i $ 293,241.20 i $ 408,572.00 5 800.00 $ 850.00 i $ 3400.00 $ 1 000.00 i $ 4000.00 $ 2 500.00 i $ 10000.00 $ 600.00 i $ 2400.00 $ 800.00 i $ 3200.00 964.00 $ 80.00 1 $ 960.00 $ 6100 1 $ 732.00 $ 100.00 1 $ 1,200.00 $ 76.00 1 $ 912.00 $ 204.00 I $ 2,448.00 2,924.00 $ 9500 i $ 3,230.00 $ 93.00 ! $ 3,162.00 $ 70.00 ! $ 2,380.00 $ 110.00 i $ 3,740.00 $ 237.00 i $ 8,058.00 4,057.33 $ 129.00 I $ 4,386.00 $ 144.00 I $ 4,896.00 $ 85.00 i $ 2,890.00 $ 155.00 I $ 5,270.00 $ 293.00 I $ 9,962.00 2,480.00 $ 1,400.00 ~ $ 2,800.00 $ 1,320.00 I $ 2,640.00 $ 1,000.00 I $ 2,000.00 $ 1,000.00 I $ 2,000.00 $ 1,770.00 I $ 3,540.00 35,370.00 $ 3.00 I $ 23,580.00 $ 3.50 I $ 27,510.00 $ 7.00 I $ 55,020.00 $ 2.30 I $ 18,078.00 $ 6.461 $ 50,775.60 29.60 $ 0.10' $ 8.00 $ 0.01 i $ 0.80 $ 1.00 i $ 80.00 $ 1.00 i $ 80.00 $ 100 i $ 80.00 10,624.00 $ 28.00 i $ 10,752.00 $ 15.001$ 5,760.00 $ 40.001$ 15,360.00 $ 100.10 I $ 38,438.40 $ 50.00 I $ 19,200.00 , 5,760.00 $ 35.00 I $ 4,480.00 $ 25.00 I $ 3,200.00 $ 75.00 I $ 9,600.00 $ 181.60 $ 23,244.80 $ 21100 I $ 27,008.00 5500 i $ 15.00 i $ 60.00 I $ , 8,233.33 $ 10,450.00 $ 2,850.00 $ 11,400.00 $ 112.25 $ 21,327.50 $ 88.00 I $ 16,720.00 3,721.67 $ 5100 1 $ 2,805.00 $ 82.00 I $ 4,510.00 $ 70.00 I $ 3,850.00 $ 121.55 $ 6,685.25 $ 8100 I $ 4,455.00 3,132.12 $ 5100 i $ 2,193.00 $ 82.52 i $ 3,548.36 $ 85.00 i $ 3,655.00 $ 184.25 $ 7,922.75 $ 213.00 i $ 9,159.00 211,590.96 $ 55.00 1 $ 238,865.00 $ 36161 $ 157,042.88 $ 55.00 ! $ 238,865.00 $ 81.40 $ 353,520.20 $ 7900 ! $ 343,097.00 12,761.67 $ 60.00 I $ 14,820.00 $ 20.00 ! $ 4,940.00 $ 75.00 I $ 18,525.00 $ 150.30 $ 37,124.10 $ 90.00 I $ 22,230.00 12,600 00 $ 150.00 ! $ 18,900.00 $ 20.00 i $ 2,520.00 $ 130.00 ! $ 16,380.00 $ 222.80 $ 28,072.80 $ 19300 ! $ 24,318.00 5,605.00 $ 105.00 I $ 6,195.00 $ 20.00 I $ 1,180.00 $ 160.00 I $ 9,440.00 $ 208.45 $ 12,298.55 $ 356.00 I $ 21,004.00 5,646.67 $ 300.00 I $ 4,200.00 $ 31000 I $ 4,340.00 $ 600.00 i $ 8,400.00 $ 900.00 $ 12,600.00 $ 710.00 i $ 9,940.00 6,860.33 $ 465.00 I $ 5,115.00 $ 706.00 i $ 7,766.00 $ 700.00 I $ 7,70000 $ 1,295.00 $ 14,245.00 $ 1,490.00 l $ 16,390.00 828.00 $ 650.00 1 $ 650.00 $ 834.00 1 $ 834.00 $ 1,000.001$ 1,000.00 $ 1,100.00 $ 1,100.00 $ 1,020.00 i $ 1,020.00 3,230.00 $ 700.00 I $ 2,10000 $ 1,330.00 1 $ 3,990.00 $ 1,200.00 i $ 3,60000 $ 1,575.00 $ 4,725.00 $ 1,390.00 I $ 4,170.00 $ i $ $ ! $ $ - i $ $ $ $ ! $ 5813.33 $ 350.00 i $ 3 500.00 $ 894.00 i $ 8 940.00 $ 500.00 i $ 5,000.00 $ 1 656.00 $ 16560.00 $ 1,970.00 i $ 19,700.00 631.33 $ 450.00 i $ 450.00 $ 944.00 i $ 944.00 $ 500.00 i $ 500.00 $ 1,960.00 $ 1 960.00 $ 2410.00 ! $ 2410.00 3 Texas Professional Engineering Firm Registration No.: F-148 TION IORTH L STREET AND OTHER UTILITIES NORTH H STREET AND NORTH L STREET lied Bid No. 10011 :Ider Rankina: 1 2 3 4 5 owesl Bids Anael Brothers Enterprises, lid. Reliance Construclion Services, l.P. Huff & Milchel, Inc. E.P. Bradv, l TO BRH-Garver Construclion, l TO. r Dial in Fiaures Unit Price T DIal in Fiqures Unit Price T DIal in Fiaures Unit Price T DIal in Fiaures Unit Price T DIal in Fiaures Unit Price T alai in Fiaures 1615.33 $ 600.00 ! $ 1,200.00 $ 1 023.00 ! $ 2 046.00 $ 800.00 ! $ 1,600.00 $ 2400.00 ! $ 4800.00 $ 3090.00! $ 6180.00 4 632.00 $ 350.00 ! $ 3 150.00 $ 894.00 i $ 8 046.00 $ 300.00 ! $ 2 700.00 $ 150.001 $ 1 350.00 $ 1 000.00 ! $ 9 000.00 2,123.00 $ 500.00 ! $ 1 500.00 $ 1 023.00 ! $ 3069.00 $ 600.00 ! $ 1 800.00 $ 500.00 i $ 1 500.00 $ 1 560.00 i $ 4 680.00 754.00 $ 10.00 i $ 1 740.00 $ 1.00 i $ 174.00 $ 2.00! $ 348.00 $ 6.00! $ 1 044.00 $ 27.00 ! $ 4698.00 1,164.33 $ 600.00 i $ 600.00 $ 893.00 i $ 893.00 $ 2000.001 $ 2 000.00 $ 1 000.00 ! $ 1,000.00 $ 1 810.00 ! $ 1810.00 10,370.00 $ 160.00 ! $ 2,720.00 $ 770.00 ! $ 13,090.00 $ 900.00 ! $ 15,300.00 $ 615.00 ! $ 10,455.00 $ 1,990.00! $ 33,830.00 1061.67 $ 1,000.00 1 $ 1 000.00 $ 985.00 i S 985.00 $ 1 200.00 ! $ 1,200.00 $ 950.00 i $ 950.00 $ 2 730.00 ! $ 2730.00 18,940.00 $ 1 800.00 ! $ 18000.00 $ 1 852.00 i $ 18,520.00 $ 2000.00 ! $ 20,000.00 $ 1 925.00 i $ 19250.00 $ 4,430.00 ! $ 44,300.00 48,547.33 $ 3,700.00 i $ 51,800.00 $ 3,203.00 i $ 44,842.00 $ 3,500.00 i $ 49,000.00 $ 3,025.00 i $ 42,350.00 $ 4,370.00 i $ 61,180.00 4,725.00 $ 21.00 \ $ 3,675.00 $ 30.00 I $ 5,250.00 $ 30.00 \ $ 5,250.00 $ 17.25\ $ 3,018.75 $ 59.00 I $ 10,325.00 1,000.00 $ 50000 ! $ 2,000.00 $ 50.00 i $ 200.00 $ 200.00 I $ 800.00 $ 500.00 i $ 2,000.00 $ 460.00 I $ 1,840.00 672.00 $ 300.00 ! $ 600.00 $ 208.00 ! $ 416.00 $ 500.00 i $ 1 000.00 $ 500.00 i $ 1 000.00 $ 1100.001 $ 2 200.00 2,497.67 $ 3,000.00 I $ 3,000.00 $ 1,993.00 ! $ 1,993.00 $ 2,500.00 I $ 2,500.00 $ 3,600.00 ! $ 3,600.00 $ 3,260.00 ! $ 3,260.00 1,833.33 $ 850.00 ! $ 1 700.00 $ 600.00 ! $ 1 200.00 $ 1 300.00 i $ 2600.00 $ 2850.00 i $ 5700.00 $ 3 030.00 1 $ 6 060.00 2214.66 $ 0.25! $ 1318.25 $ 0.01 ! $ 52.73 $ 1.00 i $ 5 273.00 $ 1.00! $ 5273.00 $ 1.00! $ 5273.00 5,025.57 $ 15.00 I $ 7,065.00 $ 0011 $ 4.71 $ 17.00 I $ 8,007.00 $ 1.00 I $ 471.00 $ 5.00 I $ 2,355.00 404,114.31 ! $ 426,543.25 i $ 313,146.68 ! $ 472,653.00 ! $ 683,586.10 ! $ 740,542.00 1 965.00 $ 2.00 $ 1 572.00 $ 0.50 $ 393.00 $ 5.00 $ 3 930.00 $ 12.00 $ 9432.00 $ 5.00! $ 3930.00 250.00 $ 2.00 $ 200.00 $ 0.50 $ 50.00 $ 5.00 $ 500.00 $ 15.00 $ 1 500.00 $ 8.00! $ 800.00 155.00 $ 2.00 $ 124.00 $ 0.50 $ 31.00 $ 5.00 $ 310.00 $ 20.00 $ 1 240.00 $ 13.00 1 $ 806.00 183.33 $ 300.00 $ 300.00 $ 50.00 $ 50.00 $ 200.00 $ 200.00 $ 1 000.00 $ 1 000.00 $ 550.00 ! $ 550.00 2 708.33 $ 350.00 $ 4550.00 $ 25.00 $ 325.00 $ 250.00 $ 3250.00 $ 350.00 $ 4 550.00 $ 550.00 1 $ 7 150.00 5,942.75 $ 4.25 $ 9 184.25 $ 1.00 $ 2161.00 $ 3.00 $ 6483.00 $ 9.00 $ 19449.00 $ 9.00 i $ 19 449.00 2 948.00 $ 6.50 $ 3432.00 $ 2.25 $ 1188.00 $ 8.00 $ 4,224.00 $ 9.00 $ 4752.00 $ 16.00 ! $ 8448.00 618.33 $ 9.00 $ 630.00 $ 2.50 $ 175.00 $ 15.00 $ 1,050.00 $ 9.00 $ 630.00 $ 27.00 ! $ 1 890.00 272 684.17 $ 112.00 $ 194 320.00 $ 199.50 $ 346132.50 $ 160.00 $ 277 600.00 $ 150.30 $ 260770.50 $ 192.00 i $ 333120.00 35,500.00 $ 500.00 $ 35,500.00 $ 400.00 $ 28,400.00 $ 60000 $ 42,600.00 $ 859.15 $ 60,999.65 $ 1,488.00 I $ 105,648.00 3,668.00 $ 1500 $ 3,930.00 $ 9.00 $ 2,358.00 $ 18.00 $ 4,716.00 $ 15.00 $ 3,930.00 $ 40.00 I $ 10,480.00 195,004.74 $ 100.00 $ 181 800.00 $ 101.79 $ 185054.22 $ 120.00 $ 218160.00 $ 152.75 $ 277 699.50 $ 166.00 1 $ 301 788.00 47261.33 $ 165.00 $ 48,840.00 $ 214.00 $ 63 344.00 $ 100.00 $ 29600.00 $ 165.85 $ 49 091.60 $ 297.00 i $ 87,912.00 34 162.62 $ 60.00 $ 33480.00 $ 53.67 $ 29947.86 $ 70.00 $ 39 060.00 $ 107.55 $ 60012.90 $ 66.00 ! $ 36828.00 11,625.90 $ 57.00 $ 8,151.00 $ 86.90 $ 12426.70 $ 100.00 $ 14300.00 $ 116.00 $ 16 588.00 $ 211.00! $ 30173.00 40,865.23 $ 52.00 $ 36920.00 $ 55.67 $ 39 525.70 $ 65.00 $ 46,150.00 $ 110.65 $ 78561.50 $ 65.00 i $ 46150.00 8228.40 $ 53.00 $ 4770.00 $ 101.28 $ 9115.20 $ 120.00 $ 10,800.00 $ 115.55 $ 10,399.50 $ 301.00 i $ 27090.00 17374.67 $ 51.00 $ 16932.00 $ 41.00 $ 13612.00 $ 65.00 $ 21,580.00 $ 100.75 $ 33449.00 $ 62.00 ! $ 20584.00 17,606.77 $ 51.00 $ 10,455.00 $ 86.66 $ 17765.30 $ 120.00 $ 24 600.00 $ 182.25 $ 37,361.25 $ 265.00 i $ 54 325.00 55,556.82 $ 15.00 $ 32,835.00 $ 26.14 $ 57,220.46 $ 35.00 $ 76,615.00 $ 28.55 $ 62,495.95 $ 29.00 I $ 63,481.00 29,753.70 $ 24.00 $ 14760.00 $ 26.14 $ 16,076.10 $ 95.00 $ 58,425.00 $ 27.65 $ 17004.75 $ 185.00 ! $ 113,775.00 4,084.20 $ 50.00 $ 4,500.00 $ 26.14 $ 2,352.60 $ 6000 $ 5,400.00 $ 43.40 $ 3,906.00 $ 53.00 I $ 4,770.00 106,333.33 $ 104,000.00 $ 104,000.00 $ 100,000.00 $ 100,000.00 $ 115,000.00 $ 115,000.00 $ 79,525.00 $ 79,525.00 $ ,,00000 \' 75,000.00 106,333.33 $ 104,000.00 $ 104,000.00 $ 100,000.00 $ 100,000.00 $ 115,000.00 $ 115,000.00 $ 79,525.00 $ 79,525.00 $ ';OOOOO\, 75,000.00 3 Texas Professional Engineering Firm Registration No.: F-14B TlON IORTH L STREET AND OTHER UTILITIES NORTH H STREET AND NORTH L STREET lied Bid No. 10011 :lder Rankin!!: 1 2 3 4 5 owest Bids Anael Brolhers Entemrises, ltd. Reliance Construction Services,loP. Huff & Mitchel, Inc. E.P. Bradv, l TO BRH-Garver Construction, l TO. r otal in Fiaures Unit Price Total in Fioures Unit Price Total in Fioures Unit Price Total in Fiaures Unit Price Total in Fiaures Unit Price i Total in Fiaures 6,966.67 $ 3,500.00 I $ 3,500.00 $ 5,400.00 I $ 5,400.00 $ 12,000.00 . $ 12,000.00 $ 17,595.00 I $ 17,595.00 $ 5,500.00 I $ 5,500.00 9,500.00 $ 7,500.00 I $ 7,500.00 $ 11,000.00 I $ 11,000.00 $ 10,000.00 $ 10,000.00 $ 9,000.00 I $ 9,000.00 $ 11,00000 I $ 11,000.00 13,lBB.00 $ 1 600.00 i $ 11 200.00 $ 1 B52.00 i $ 12964.00 $ 2200.00 $ 15400.00 $ 1 976.00 i $ 13832.00 $ 4,3BO.00 i $ 30 660.00 2185.33 $ B5.00 i $ 1 B70.00 $ 148.00 i $ 3256.00 $ 65.00 i $ 1 430.00 $ 11500 i $ 2,530.00 $ B3.00 i $ 1 B26.00 3B 295.00 $ 3 350.00 i $ 30150.00 $ 4415.00 i $ 39735.00 $ 5 000.00 i $ 45000.00 $ 3 B55.00 i $ 34 695.00 $ 6,270.00 i $ 56 430.00 6690.67 $ B5.00 i $ 4420.00 $ 236.00 i $ 12272.00 $ 65.00 . $ 33BO.00 $ 115.00 i $ 59BO.00 $ B3.00 i $ 4316.00 6 B5B.33 $ 4450.00 i $ 4450.00 $ 10625.00 i $ 10625.00 $ 5500.00 $ 5 500.00 $ 4375.00 i $ 4 375.00 $ 7460.00 i $ 7460.00 1 385.00 $ B5.00 i $ 425.00 $ 6Bl.00 i $ 3405.00 $ 65.00 $ 325.00 $ 115.00 i $ 575.00 $ B3.00 i $ 415.00 65,BOO.00 $ 21,700.00 ! $ 43,400.00 $ 32,000.00 i $ 64,000.00 $ 45,000.00 $ 90,000.00 $ 47,50000 l $ 95,000.00 $ 36,750.00 I $ 73,500.00 565.33 $ 475.00 i $ 475.00 $ 921.00 i $ 921.00 $ 300.00 $ 300.00 $ 42900 i $ 429.00 $ 1 5BO.00 i $ 1 5BO.00 5266.67 $ 600.00 i $ 2400.00 $ 3 000.00 i $ 12,000.00 $ 350.00 $ 1 400.00 $ 545.00 i $ 2 lBO.OO $ 1 6BO.00 i $ 6720.00 1 750.00 $ 500.00 i $ 500.00 $ 4000.00 i $ 4000.00 $ 750.00 $ 750.00 $ 1 450.00 ! $ 1 450.00 $ 1 060.00 i $ 1 060.00 11,200.00 $ 600.00 I $ 3,600.00 $ 4,000.00 i $ 24,000.00 $ 1,000.00 , $ 6,000.00 $ 1,550.00 l $ 9,300.00 $ 1,24000 I $ 7,440.00 B,704.92 $ 2.00 i $ 17352.00 $ 001 i $ B6.76 $ 100 i $ B 676.00 $ 100 i $ B 676.00 $ 1.00 i $ B 676.00 1,179,169.88 i $ 986,427.25 i $ 1,231,368.40 i $ 1,319,714.00 i $ 1,379,490.10 i $ 1,645,730.00 416.67 $ 100 i $ 100.00 $ 5.50 i $ 550.00 $ 6.00 i $ 600.00 $ 10.00 i $ 1 000.00 $ 6.00 i $ 600.00 1 433.33 $ 100 i $ 500.00 $ 3.60 i $ 1 BOO.OO $ 4.00 i $ 2 000.00 $ 7.50 i $ 3 750.00 $ 4.00 i $ 2,000.00 295.20 $ 1.00 i $ 72.00 $ 5.30 l $ 3Bl.60 $ 6.00 l $ 432.00 $ 15.00 i $ 1 OBO.OO $ 6.00! $ 432.00 13,333.33 $ 1,500.00 I $ 15,000.00 $ 1,000.00 i $ 10,000.00 $ 1,500.00 i $ 15,000.00 $ 2,75000 i $ 27,500.00 $ 2,30000 i $ 23,000.00 15,478.53 i $ 15,672.00 i $ 12,131.60 i $ 18,032.00 i $ 33,330.00 i $ 26,032.00 6 B76.38 $ 1.00 i $ 10063.00 $ 0.25 i $ 2515.75 $ 0.80 i $ B,050.40 $ 1.55 i $ 15597.65 $ 1.10 i $ 11,069.30 416.67 $ 1.25 i $ 625.00 $ 0.25 i $ 125.00 $ 1.00 i $ 500.00 $ 2.20 i $ 1100.00 $ 2.00 i $ 1 000.00 316.67 $ 45.00 i $ 450.00 $ 10.00 i $ 100.00 $ 40.00 i $ 400.00 $ 100.00 i $ 1 000.00 $ 50.00 i $ 500.00 714.67 $ 13.00 i $ 871.00 $ 9.00 i $ 603.00 $ 10.00 i $ 670.00 $ 30.00 ! $ 2010.00 $ 80.00 i $ 5 360.00 1 786.00 $ 27.00 i $ 2 538.00 $ 5.00 i $ 470.00 $ 25.00 i $ 2 350.00 $ 20.00 i $ 1 BBO.OO $ 111.00 i $ 10434.00 325.00 $ 425.00 ! $ 425.00 $ 200.00 ! $ 200.00 $ 350.00 i $ 350.00 $ 175.00 i $ 17500 $ 1100.00 i $ 1100.00 316.67 $ 325.00 I $ 325.00 $ 30000 i $ 300.00 $ 325.00 i $ 325.00 $ 325.00 I $ 325.00 $ 500.00 i $ 50000 333.33 $ 375.00 i $ 375.00 $ 300.00 i $ 300.00 $ 325.00 i $ 325.00 $ 1 500.00 i $ 1 500.00 $ 1,100.00! $ 1100.00 11,085.38 i $ 15,672.00 i $ 4,613.75 i $ 12,970.40 i $ 23,587.65 i $ 31,063.30 $ i $ $ i $ $ i $ $ i $ $ i $ 2BO.00 $ 2.00 i $ 40.00 $ 10.001$ 200.00 $ 30.00 1 $ 600.00 $ 20.00 i $ 400.00 $ 16.00 i $ 320.00 516.67 $ 10.00 i $ 500.00 $ 6.00! $ 300.00 $ 15.00 i $ 750.00 $ 7.50 i $ 375.00 $ 50.00 i $ 2 500.00 B33.33 $ 20.00 i $ 200.00 $ 10000 i $ 1 000.00 $ 130.00 i $ 1 300.00 $ 77.00 i $ 770.00 $ 16000 i $ 1 600.00 $ i $ $ i $ $ i $ $ i $ $ i $ 1,500.00 $ 15.00 i $ 1 500.00 $ 15.00 i $ 1 500.00 $ 15.00 i $ 1 500.00 $ 15.00 i $ 1 500.00 $ 33.00 i $ 3,300.00 933.33 $ 10.00 i $ 1,000.00 $ 3.001$ 300.00 $ 15.00 1 $ 1 500.00 $ 500 i $ 500.00 $ 16.001$ 1,60000 2500.00 $ 20.00 i $ 2000.00 $ 35.00 i $ 3 500.00 $ 20.00 i $ 2 000.00 $ 4000 i $ 4,000.00 $ 33.00 i $ 3300.00 16,200.00 $ 16200.00 i $ 16200.00 $ 16200.00 ! $ 16200.00 $ 16200.00 i $ 16200.00 $ 16,200.00 i $ 16200.00 $ 16200.00 i $ 16200.00 52709.B3 , $ 86,744.50 1 $ 29,B02.00 i $ 41583.00 i $ 96 B79.00 $ 138 505.00 240,843.93 i $ 66,684.3B i $ 357 535.40 i $ 298,312.00 i $ 293,241.20 i $ 408,572.00 51,624.93 i $ 38,364.00 i $ 42 940.BO i $ 73,570.00 i $ 32480.00 i $ 78,063.60 404,114.31 i $ 426 543.25 i $ 313146.6B i $ 472 653.00 ! $ 6B3,5B6.10 i $ 740542.00 1179169.B8 i $ 986427.25 i $ 1 231 368.40 i $ 1 319714.00 i $ 1,379490.10 i $ 1 645730.00 1547B.53 l $ 15672.00 1 $ 1273160 ! $ 18032.00 i $ 33330.00 1 $ 26 032.00 11085.38 i $ 15,672.00 i $ 4,613.75 i $ 12,970.40 ! $ 23587.65 ! $ 31 063.30 1,955,026.80 ! $ 1,636,107.38 i $ 1,992,138.63 ! $ 2,236,834.40 i $ 2,542,594.05 i $ 3,068,507.90 6,563.33 i $ 5240.00 i $ 6 BOO.OO i $ 7650.00 i $ 7545.00 ! $ 12620.00 16,200.00 l $ 16,200.00 l $ 16,200.00 l $ 16,200.00 l $ 16,200.00 1 $ 16,200.00 22,763.33 i $ 21 440.00 i $ 2300000 i $ 23850.00 i $ 23,745.00 ! $ 28820.00 $ 1,657,547.38 $ 2,015,138.63 $ 2,566,339.05 $ 3,097,327.90 1,977,790.14 $ 2,260,684.40 3 Texas Professional Engineering Firm Registration No.: F-148 F REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Februarv 22 2010 Requested By: S. Gillett Department: Public Works Report: X Resolution: Ordinance: - - Appropriation Source of Funds: Fund 03 Account Number: 003-9890-933-1100 Amount Budgeted: $354,162 Professional Services Agreement Amount Requested: $99.075 Exhibits: Exhibits: Budgeted Item: Yes Exhibits SUMMARY & RECOMMENDATION The City, in February 2006, retained Van De Wiele Engineering, to perform Preliminary Engineering Services for the installation of a new 12 inch water line and the extension of a gravity sanitary sewer trunk sewer along Sens road from North D Street to North P Street. On January 14, 2008, the city council approved an agreement with Van De Wiele Engineering to perform final design and bidding phase services for the Project. The Project was delayed due to right-of-way issues between the County and private utility companies. The County recently gave approval for the city to bid the Project. Bids were received on February 4,2010. Van De Wiele Engineering has submitted a proposal to perform construction phase and limited project inspection services. The cost for the proposed services is as follows: Construction Phase (lump sum) Project Inspection (hourly not to exceed) Issue specific meetings (hourly not to exceed) Total $34,515 57,600 6.960 $99,075 Project inspection services are projected to average less than 20 hours per week, as needed. Issue specific services are to address unforeseen issues and conditions that may be encountered in the expanded right of way. Funds are available in Fund 03 for engineering and testing services. Construction will be funded through Fund 47. J /t'd /to Date 'WtnDeWzele . Engineering Incorporated 2925 Briarpark, Suite 275 Houston, 1)( 77042-3720 7131782-0042 Fax 7131782-5337 January 21,2010 (Revised February 10, 2010) Mr. Steve Gillett Director of Public Works City of La Porte 2963 North 23rd. Street La Porte, Texas 77571 Attn.: Mr. Don Pennell Re: Sanitary Trunk Sewer Extension Project V&V Project No. 20009-802-1-UTL Dear Mr. Gillett: VanDe Wiele & Vogler, Inc. (V & V) is pleased to submit this proposal to provide professional engineering and related services to the City of La Porte (City) for the Construction Phase of the captioned project. The Basic Services associated with this phase include, but are not limited to: a. Attend and assist City in pre-construction conference; b. Review contractor-furnished submittals, shop drawings and working drawings for compliance with the design concepts and specifications. Maintain project's submittal log; c. Review laboratory and mill tests of material and equipment and report to the City any deficiencies noted; d. Attend monthly construction progress and other issue-specific, called meetings requested by the City. Prepare written minutes of the decisions, action items, etc. and submit same to the City within 5 business days; e. Make multiple and random site visits (versus the continuous services of a resident project representative) to observe the Work's progress and quality (including implementation of the traffic control and storm water pollution prevention plans), to determine whether the Contractor is proceeding in accordance with the project schedule and the design intent of the Contract Documents. Prepare and distribute a status report of these observations and submit same to the City within 5 business days; Texas Professional Engineering Firm Registration No.: F148 ~nDeWzele Engineering Incorporated Mr. Steve Gillett January 21,2010 (Revised February 10,2010) Page 2 of3 f. Issue instructions, and respond to Requests for Information (RFI) and non- conformance reports as requested by the City within 3 business days. Maintain project's RFI log; g. Review and submit to the City comments on Contractor's project schedules; h. Review Contractor's monthly and final estimates on forms provided by the City; 1. Assist City in 1) any performance tests required by the specifications, and 2) the initial operation of the project; J. Consult with the City to determine the dates of substantial completion and fmal completion. Participate with the City in the substantial completion inspection and final inspection of the project; k. Correct errors or omissions in the Contract Documents as requested by, and at no cost to the City; and 1. Prepare and deliver Record Drawings per City requirements and based on redlines prepared and furnished by the Contractor. In performing these Basic Services, V & V will endeavor to protect the City against defects and deficiencies in the work of the Contractor; but V & V will not guarantee the performance of the Contractor's contracts, nor will V & V accept responsibility for the Contractor's means and methods, nor the workers' safety. V &V will not be responsible for the acts or omissions of the Contractor, nor of any of their subcontractors, suppliers or vendors. V&V will provide the above Basic Services for a fee of $99,075.00 comprising both lump sum and hourly fee portions in accordance with the attached table. The lump sum services will be billed monthly on a percent complete basis equal to or less than the cumulative "in- place" value of the Work; and the hourly services will be billed on an hourly basis. Should Additional Services be necessary, V & V will bill actual costs in accordance with our attached billing rates. For Additional Services performed by a subconsultant, V &V will bill actual costs plus a 10 percent service charge. Texas Professional Engineering Firm Registration No.: F148 vanDeWzele Engineering Incorporated Mr. Steve Gillett January 21, 2010 (Revised February 10,2010) Page 3 of3 We appreciate this opportunity to provide the Construction Phase Services for this project. If you have any questions, or if you need additional information, please do not hesitate to contact me. ~ ~a ~ Daniel P. Simeone, P. E. Senior Project Manager Municipal Projects Enc!.: Level of Effort Fee Estimate Table V & V Schedule of Hourly Rates 2010 F:\20009\OOO-O\Contract Negotiations Const Ph Svcs\Prpsl-Cnst Phs Svcs-San Trunk Extsn_Rev3.doc Texas Professional Engineering Firm Registration No.: F148 8 c:> 8. c:> o:f1. 8. 6 .n 8. 8 8, 8, 8. ~ <D S ..- x o . $ ~- $ "'- ~~ 0 ~ ~- ~- ti <D $ Q) ~- ~ .... 2~ ..; <'> Q) ~ ~ <JO <D .... ~ <<i ~ ~ C'l if) ~ '" ~ ~ ~ ~ g~ ~ ~ ~ ~ g "" '" ~ <:> 0. %c& ~ 'ii 0 0. 0:::> 0 0. <D ~ .c ;a ~ <:> 6 <-' ~ ~ % p...;::. cO .... ~ .,.. 1>-\ ...- C ~ g 1.0 ...- ii ~ .% (IS ..q <<i % to .% '" ! 0 .", \ 0 ~ 0- :n ~ 6 0 Q) 0- .,.. ~ ~ Q) ~ u .,. ~ u- u- .,. S~ u- S ~ ~ ~ f/I S , t 0, S ~ ~-~ .':J. ~ ~ ~ ~ "0 fit 0 ~ '5 ~ ~ ~ to III 0) ~ tx: ! 6 .~ S cP ~ 3 .,. .,. .- a 1 0- ~ '0' ~ .,. ~ ~ ~ <G 0:. ~ 8 S i u 8 S .':J. ~ .n ~ c:: ~ ~ .~ S I"- 0 .n ~~ ~ 0. ~ ..... t 0. 0 l"- I:::: <JO cO i 0 ii ! 0. ~ ~ c<> c:: ~ (,) I:::: <JO ;;s 0 ~ 0 .,. .,. ~ oft ~ i5 8 Q) to oft ':J ~ ... is ~ a ~ , ;;s f- 'ib g II> ~ c:: c..i ~ 8 \I) s ...- 0) s ~ ...- ~ '3 '=" 0. ~ c: 6 'Q; 0. ...- 'E '5 ! .... .... - f- a c: :=: I- ;; .>;1.1 0) .,. oft ~ ~ .,. oft ~ ~ 0 .s::. 'ib 'ib 0- ::= ~ , :Q '=" ~ ''3 ~ ! s ~ 'a; 0 9 .~ 0 ~ ! 6 p. ~ .~ ~ .,.. .,.. UJ .,. oft S S ..- S S ~- ..... :;:> 'ib 0 :;:> 0 g ~ % ! 0. g ...- ..- ~ 0:::> 0 0. 0. ~ ...- ~ ~ .... ~ 0. 0. ,; "" <D <-' ~ & .S .... <JO <'> ...- ...- & oft .,.. .,. .,. S g 8. ~ '$ 'fJ, ~ '$ 'fJ, ~ ! 0. g ...- \t") 0. <JO ~ ~ 0. 0:::> 0 <:> 0. ...- ...- .G cO ! 0 ~ .0 ..i ...- ~ cP ~ ..i <-' .G .,. oft & .,.. .,. ~ 1\l ~ ~ ~ ~ l c; ~ ~ ~ g '"" '6 ~ 1 et. ~ "" 'J> % "" ~ :g ~ -0 ~ 'jj; ~ <f) ~ ~ ~ at % ~ WI <..) ~ WI Q) ~ (3 ~ 8 ~ (3 %. 'D- ~ t 1 ~ 'Ii ~ ~ 'Ii ~ $ :;: 0- '" g 1 $ ~ ~ u. u. ~ Q) '& ~ '& ~ .C$- .C$- 1 ~ ~ $! ~ c: ~ \ ~ Q <> .~ .~ 0- (Xl 'D- ~ 'Cii' 1 % ~ 1 i ~ 1 .i l- ~ :n -S '" c:: l- =- g 'cis .% c:: ~ g- o '" -1 0 "i! ". 8> ~ c:: ~ 0- 0 ~ ~ , .S ~ 0- ~ ~ 0) -e: .. Q)~ ~ u- 0) . ~ ~ u- ~ ~ I ~$ $, ~ 1li ~~ 'c: $ cP =' 'E, '6 .,; e ~ - '" UJ c:: g ~ ~'S ~a C'" 3 ~ $ '%..~ u-I-~O ~ c: .':J. ;!' ",- ... ~ \ ~ ~~~Q) ~i&~ .':J. ~ ~ r-"" - U1 (/) <0 .- .':J. _ (:'-1 0 cP <-' ~~'OQ: .':J. i <P ~ 0)' ~ i ~ <-' IX) 5~~~ -------------------- APPENDIX B VAN DE WIELE & VOGLER, INC. SCHEDULE OF HOURLY RATES AND REIMBURSABLE CHARGES 2010 HOURLY RATES Administration Clerical Bookkeeper Engineer I Engineer II Engineer III Engineer IV Engineer V Engineer VI Engineer VII Principal Drafting/Design Designer I Designer II Designer III Drafter/Computer Technician I Drafter/Computer Technician II Drafter/Computer Technician III CADD Manager Plat Manager Inspectors Project Representative I Project Representative II Project Representative III Project Representative Supervisor - I - RATE $ 67.50 87.50 Engineering Staff $ 90.00 97.50 102.50 128.00 150.00 195.00 235.00 267.5 $ 87.5 102.50 112.50 65.00 75.00 92.50 125.00 120.00 $ 61.50 82.50 90.00 102.50 G .-- --"- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 02-22-10 Bud!!:et Requested By: Kl'n Arli'OY Source of Funds: Department: pglil:e Account Number: Report: Resolution: X Ordinance: Amount Budgeted: Speed and Intersection Traffic Control STEP Resolution Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: 5 Year Cost Assumption Plan Exhibits SUMMARY & RECOMMENDATION The La Porte Police Department has made its annual application for the TXDOT "S.T.E.P." grant concerning overtime reimbursement for Speed and Intersection Control. This application will be the fourth year for which the department has applied for the grant and, if awarded, will result in a maximum reimbursement award of $57,009.18. As indicated last year, due to the success of our previous and current grants, we have been advised that we may be eligible for an additional fifth-year grant. The attached 5 Year Cost Assumption Plan indicates that a higher level of match will be required for the fifth year, should we choose to apply for the grant and subsequently receive the award. The five year Cost Assumption plan is required each year as part of the grant request submittal process. Although the grant only pays base salary, the police department will continue to meet our employee benefits, mileage, and fuel match requirement, as displayed in the previous years. Act" uired b Council: tion authorizing City Manager to sign grant and other documents for Speed and intersection traffic grant. J t'3}tJ Date Kes. ;;JiJ/O-ol RESOLUTION **** WHEREAS, injuries and deaths from traffic crashes bring loss and suffering to the citizens of this community; and WHEREAS, the cost of such injuries brings economic hardship to families; and WHEREAS, the community's health care system and emergency response resources are significantly impacted by injuries of traffic crashes; and WHEREAS, research shows that speed is a causative factor in many traffic crashes; and WHEREAS, failure to obey traffic control devices, signs and signals at intersections causes many traffic crashes; and WHEREAS, the National Highway Traffic Safety Administration statistics have shown that reducing speed limit and traffic control violators prevents crashes, saves lives and reduces non-fatal injuries while resulting in economic savings to society; WHEREAS, the Speed/Intersection Traffic Control STEP includes public education and intensified law enforcement to get the community to comply with speed limits and traffic control devices, signs and signals; NOW THEREFORE, BE IT RESOLVED that The City of La Porte approves the City Manager to execute all documents for the Speed/ITC STEP Grant for October I, 20 I 0 through September 30, 2011; joining public and private sector leaders across Texas supporting the campaign; urging all residents and visitors of La Porte to abide by traffic laws, to protect life and the quality oflife in this community. S~'l~ Authorized Official ,(; / ._// ,;17"7'0 tC-Mr?! ATTEST: Lf/IrJAO~ /ILl City Secretary eGrants Page 1 of2 ,,',~ 'fA' ". "U~""'''..W.t''ct_... ~.,; . i~~'~' U..,<:,rgt~ ProposaIjG,'ant: 201l-LaPort~ .5-1 YG-[l009 Status: propo;al 10 Progress . User: Rod D.~ls Role, SubgrantEe Administrator ~ I Main Menu ~ I I Actions ~ I I Proposal/Grant Menu . I 1 Related Pages . ISPELL CHECK I ISAVEI loELETEI IVrEW POFI IADo NOTEI The Information has been saved. Created BV: Davis, Rod on 1/29/20103:50:27 PM last Modified By: Davis, Rod on 2/10/2010 8:49:00 A~l Go to Related Paaes COST ASSUMPTION PLAN All proposals must include a CAP, demonstrating how the project will have an Increasing share of costs by the proposing organization and how the project wili be funded after TxDOT funding ends. Insert the appropriate federalliscal year, starting with the first year of grant funding and for each year during the anticipated term of the project. Include an actual dollar amount of planned expenditures by fund source (TxDOT, other/State/Local, Other Contributions). For project year(s) already completed, Include actual expenditures, if available. Other Contributions: The purpose of this section Is for the subgrantee to show support and commitment to the success of the project that Is not otherwise recorded in the Approved Project Budget. Items not In the Approved Project Budget cannot be claimed as matchIng funds. If there are routine project-related costs being borne by the subgrantee, but which are not listed as match In the Approved Project Budget, space is provided so that such contributions can be recorded. These contributions could include items such as: part- or full-time employees working on the project, but not paid wIth project funds; volunteer services; travel performed that Is project related, but not reimbursable under the grant; vehicles used In support of the project, but mileage is paid by the subgrantee and not claimed under the grant; fringe; etc. ,- .EmwI..l n.Q.QI !:1mh Proaram Income Non-Budaeted Fiscal Year ContributIons $ 0/0* $ 0/0* $ 0/0 $ 0/0 1. 1 2008! * I $4.?,218.00:* 74.67% I :* 25.33% L..----~ 0.00% L_. $oj* 0.00% $14,324.7~i 2. 120091 I.t~~ 80.86% I $16,49_~~lJ 19.14% 1_...... __~QI 0.00% L___.____~Q1 0.00% 3. J ?Q~.oj J.~?_?!Z~?:?~J 80.63% L$_!~116.011 19.37% L--__ $01 0.00% J__~~J 0.00% UQ~..!i J $57,009,!.8! Lp~&!_Q,~ 1...- .-.......lQ] I 4. 62.09% 37.91% 0.00% J.-----~ 0.00% 5. I ?9.!1J J $.35,Q9_Q.001 50.00% J $35,000.00] 50.00% 1_..~gJ 0.00% J___.JQI 0.00% * Percent of total Grant Budget Other/State/local (Match): Brieflv explain In a narrative the Subgrantee's Intention to assume an increasing share of project costs. The narrative should include an explanation of what source(s) the Subgrantee will use to provide the matching funds (cash, Indirect, In-kind, etc.). 282 of 200 It Is our Intention to assume an Increasing share of program costs. Fringe match today Is FICA 7.7%, TMRS 15.8%, W. Comp 1.71%; this will increase with pay Increases. We also use vehicle operating costs as match. Some hours worked on STEP will be tracked and used for match as well. 3* If project will run beyond year 5, indicate years, amounts, and percentages below (years beyond 5 require a minimum match of 500/0) 73 of 500 We are prepared to meet the 50% match requirement for years 5 and beyond. =+- .1 1 .1 j ~* Indicate when all project costs will be assumed - 7 A_l.. . .,A..,...... .,....0;:....-,.- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 02-22-10 Bud!!et Requested By: K('nith AiI{'ox Source of Funds: Budget Department: pglke Account Number: 00152525211010 Report: Resolution: Ordinance: x Amount Budgeted: $295,~7R Amount Requested: $3,864 Exhibits: Amended Ordinance 1285 (3194) Budgeted Item: YES NO Exhibits: Exhibits SUMMARY & RECOMMENDATION As discussed in a City Council Workshop on January 11,2010, the Police Department is requesting that its existing Internal Affairs/ Public Information Officer position be up-graded from the rank of Patrol Officer (Detective) to Sergeant. This upgrade is consistent with the complexities and responsibilities of the assignment in question, which is customarily filled by supervisory level personnel in the overwhelming majority of law enforcement agencies. The cost of up-grading this position is anticipated to be approximately $3,864 for the remainder of the fiscal year and would be absorbed by the Police Department's existing budget. Up-grading this position will require an amendment to City Ordinance 1285 (3194). Action ReQuired bv Council: A City Ordinance 1285 (3194) by deleting one authorized patrol officer position and adding one authorized rgeant osition. .llfJ k Date or 0 ; tUf)l) C e ORDINANCE NO. 3;).;;).L-{ pled lOr I~ Dr A- . o e con 0 ...;0 'f1..e Y)\ ~ 0 rJ 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 57 Sergeant 10 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. so ordered. PASSED AND APPROVED THIS THE JcJi DAY OF {EJ3lLu.arv CITY OF LA PORTE / This Ordinance shall take effect upon its passage and approval, and it is ,2010. By: BARRY BEASLEY, Mayor ATTEST: By: MARTHA GILLETT, City Secretary :~p~ r ~ C ARK T. ASKINS Assistant City Attorney ~~------------- A REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 22, 2010 Appropriation Requested By: Stephen L. Barr Source of Funds: Department: Parks & Recreation Acc't Number: Report: .lL-Resolution: _Ordinance:_ Amount Budgeted: Exhibits: Brookglen Pool Uplift Documents Amount Requested: Exhibits: Bud!!eted Item: YES NO X Exhibits: SUMMARY & RECOMMENDATION See Attached Report on Brookglen Swimming Pool Uplift. Action Required bv Council: Receive Report on Brookglen Swimming Pool Uplift and give staff direction. Ron Bottoms, City Manager d:l, '3 )0 Date Brookglen Pool Uplift - Report & Recommendation December 16, 2009 Overview On Monday November 23rd staff discovered that the Brookglen Swimming Pool had uplifted approximately 12 inches over the weekend. Staff called Curtis Morgan, a swimming pool consultant for Paddock Southwest, LLC, a reputable pool construction and repair company in the area. Mr. Morgan inspected the pool and issued a report on the conditions (see attached report from Mr. Morgan). Cause Mr. Morgan concluded that a return line from the main drain pump to the pool broke at some point over the weekend, and began pumping water under and around the pool, instead of back into the pool. The main drain pump continued to pump water out of the pool, with no water returning, thus emptying the pool of water. The additional water on the outside of the pool, coupled with rain over the weekend, and the water being removed from the pool, caused the hydrostatic pressure outside the pool to surpass the weight of the pool, which made the pool "float out of the ground like a boat would float in water" . Condition of Uplifted Pool The pool suffered extensive damage with numerous cracks appearing laterally across the bottom and up the sides of the pool. Mr. Morgan and Mr. Whitfill inspected the pool again on December 1st and observed that a number ofthe cracks penetrate completely through the pool shell and have subsequently begun to widen, in some cases up to W' wide for a number offeet. In addition, it was observed that the pool shell is only 4 to 5 inches thick which is about half the normal thickness for commercial pools ((10"-12") in the deep end. Also the reinforcement steel seen through the cracked areas appeared to be inadequate for a pool ofthis size. Mr. Morgan's opinion is that the Brookglen Pool has "sustained overwhelming structural damage and any attempt to repair the shell in the condition that exists now would be a waste of money" due to the substantial cracking, the thinness of the original construction, and the fact that the entire circulation system would require replacement. Estimated Cost of Repair/Replacement Mr. Morgan indicated that the pool could be repaired by constructing a new shell inside the existing shell and tying the two together; then re-plumbing the entire pool. He estimates the cost of repair of the pool, at $200,000 but stresses that there is no guarantee that the pool will last any substantial length of time. He estimates the cost of a new pool of the same size and configuration, including demolition of the old pool, at approximately $350,000, and a new pool with play features (like San Jacinto Pool) at $500,000. While the City carries liability insurance on its pools, only the bathhouses are covered by property insurance, which is fairly typical according to TMl risk management. The City Council had awarded a bid to Hull & Hull, Inc. to construct a roof over the Brookglen Bathhouse at its November 9th meeting, but that contractor has not been issued a Notice to Proceed until the issue of pool replacement is addressed. He has incurred approximately $5,000 in expenses (Le. bonding, pre-engineered shop drawings, etc.) that may have to be paid. We can go ahead and replace the roof if desired, for use by the new pool patrons. If the roof is not installed, the restrooms could be used as "open air" restrooms (as is Northwest Pool restrooms), and there would be a net savings of $65,000 that could be used toward the replacement pool itself. Options We have several options to review, as follows: 1. Repair the existing pool and take our chances on it continuing to operate over the next several years. Cost +/- $200,000. 2. Demolish and replace the existing pool and continue to operate it as we have in the past. Cost +/- $350,000. 3. Demolish and replace the existing pool with a zero depth pool with toys (like San Jacinto Pool). Cost +/- $500,000. 4. Build the bathhouse roof as awarded. Cost $70,000. Or, use the money for a pool option, $65,000. 5. Demolish the pool onsite by breaking up the concrete shell, leaving it in place, and filling in the hole with soil. Then install a spray park (similar but larger than the spray pad at San Jacinto Pool) at Brookglen Park on the area adjacent to the existing pool site. Cost +/- $200,000. Staff Recommendation Staff is recommending the demolition of the existing pool, filling and compacting the site; and adding a spray ground amenity to Brookglen Park. There are several reasons why we believe this is the most viable decision. . The spray ground will offer a new recreation experience for the neighborhood. The variety of toys available will appeal to a wide range of children, from toddlers to early teens. There will still be ample shade for parents to socialize and observe the activities. . A spray ground does not require water recirculation. It uses water directly from the City's water supply, so there are no expensive pumps, chemicals, and best of all, it does not require staffing. The water is activated by an electronic switch and automatically shuts off during periods of inactivity, so there is no wasted water. . Staff estimates an operating savings of approximately $28,000 each year, over the operation of the conventional pool at Brookglen ($10,000 vs. $38,642 annually, see attached summary report for the 2009 swim season). . Another huge advantage is, since the spray ground does not require lifeguards, there would be no charge for its use. Anyone in the neighborhood could use it free during the periods of operation. Plus, because we would not be bound by lifeguard schedules, the spray ground could open as early as April 15th and close around October 1st, thereby essentially doubling the water play season at l/sth the cost of a conventional pool. . The attendance at this park could be expected to increase dramatically. When the spray pad and water toys were introduced at San Jacinto Pool, the swim season pool attendance rose from approximately 1,500 patrons, to over 10,000 this past swim season. This does not take into account the extended season. These facilities are very popular with both children and their parents. . Although swim lessons have been offered at Brookglen for the past several years, there has not been enough interest in the neighborhood to warrant lessons being taught there. Swim Lessons have been consolidated City-wide, and offered at the Fairmont Pool. The deep pool at San Jacinto and the deep end of the zero-depth Northwest Pool could serve as suitable alternatives, if future swim lesson sites were contemplated. . The plan for the bathhouse roof includes a covered area with tables built into the support bases on the west side ofthe bathhouse. This area would be close enough to the new spray ground to support birthday parties and other special events during the summer months for residents, at no charge. Staff recommends replacing the roof if alternative funding can be found for the spray ground. . Finally, the restrooms, either with a roof, or without, would be available year-round for use by the public. If there are questions or further information is needed, please do not hesitate to contact me. Stephen Barr, Director Parks & Recreation Department Attachments PADDOCK SOUTWNEST LLC TEXAS POBOx 1616 PASADENA, TX 7750 1 713-477-3896 PHONE 713-477-3897 FAX LOUISIANA PO Box 53228 SHREVEPORT, LA 71135 31 &865-3551 PHONE City of Laporte, TX Scott Bradley 12/2/2009 Re: Brookglen Pool Mr. Bradley, On November 23,2009 I was called by you to come inspect the Brookglen Pool because the pool had uplifted. I arrived that afternoon and found that the deep end of the pool had uplifted approximately 12 inches and the deep end had muddy water in it up to the break. I instructed the City employee to drill a hole in the pool floor at the break to relieve the upward hydrostatic pressure that was causing this uplift. Water came out of the drilled hole approximately 18 inches and was allowed to drain overnight. I inspected the walls and floor of the pool that were not submerged and found numerous structural cracks that penetrated through the entire depth of the concrete structure. Many of these cracks were hairline but were seeping underground water through them. The cracks running up the deep end wall and up the cove of the deep end floor were substantial with an opening of approximately X inch for many feet of the crack. The consequences that led up to the pools upheaval are believed to me to be a pool return line had broken in the ground over the weekend and pool water was released into the ground around and under the pool area. The leak continued throughout the weekend because one of the pool recirculation pumps had been connected to the main drain only and would continue to pump pool water through this leak until the pool was empty. Once the pool was drained to a level where the underground hydrostatic pressure from the leak was greater that the weight of the pool, the pool shell uplifted to the height that was observed on Monday. To put it simply, the pool floated like a boat would float in water. I instructed the City employees to start draining the pool on the next day and while they drained the pool, to drill more holes and the water went down in the deep end to relieve further hydrostatic pressure so an inspection of the deep end floor and wall could be inspected. I also inform them that the pool shell could shift more depending on the underground conditions once the pool was drained and the pool might try to settle back down slightly. The City did as they were instructed and I had Jamie Whitfill do a short inspection on Wednesday, November 25, and he had observed further cracking throughout the deep end floor and walls and up into the shallow end of the pool. I returned on December 1, and observed the same cracks that were seen on November 25 with further widening of the cracks in the deep end and the shallow end cove. Some of these cracks are substantial with widths of ~ inch for many feet. The floor of the deep end was so cracked that when walked upon portions would move slightly. I observed that the pool shell was approximately 4 to 5 inches thick which is very thin for a commercial pool of this size and the reinforcement steel in the locations that could be seen was in the bottom of the concrete and would not give very much support to the shell. Most commercial pools are built these days with 8 inch thick concrete in the shallow and 10 to 12 inch in the deep end. Steel reinforcement should be in the center of the structure with possibly double mats in the deep end. In conclusion, it is my opinion that the Brookglen pool shell has sustained overwhelming structural damage and any attempt to repair the shell in the condition that exists now would be a waste of money. There could be no guarantee that the repairs would not re-crack and cause the same problems over and over. There will also be numerous plumbing repairs or a complete overhaul of the recirculation system that would have to be part of this construction. If a pool is required at this location then a completely new pool should be built with a commercial pool structure and commercial pool equipment installed in a manner that this type of situation would not occur. . Cost estimates to repair the existing pool, with new shell constructed inside existing pool. $200,000 NO GUARANTEES . Cost to build new pool of same size and configuration with demo of old pool. $ 325,000.00 . Cost to build new recreational pool of same size with play features. $500,000.00 Thank you, Curtis L. Morgan Paddock Southwest LLC Meeting Handout Gillett, Martha From: Sent: To: Cc: Subject: Rigby, Marlene Monday, February 22,20103:46 PM Harris, Sharon; Gillett, Martha Barr, Stephen RE: Brookglen Attendance As requested: Brookglen Fairmont San Jacinto Northwest Wave Pool Attendance 2009 2008 2007 2006 2005 1,126 2,002 1,278 1,506 1,701 1,213 1,491 1,621 1,461 1,642 8,225 9,695 10,664 8,923 8,724 10,534 11,023 11,053 10,171 10,628 29,375 30,812 25,572 21,273 28,635 Pool From: Harris, Sharon Sent: Monday, February 22, 2010 12:24 PM To: Rigby, Marlene Cc: CSO - Staff Subject: RE: Brookglen Attendance Marlene, Mr. Engelken would like all of the pools, not just Brookglen. Thanks for further assisting. From: Harris, Sharon Sent: Monday, February 22,201010:41 AM To: Bottoms, Ron; Beasley; Black; Clausen; Clausen; Engelken; Leonard; Moser, Tommy C; Mosteit; Mosteit; Rigby Cc: Joerns, John; Gillett, Martha; Garrison, Bonnie Subject: FW: Brookglen Attendance Mr. Bottoms FYI below. Bonnie will place at the seats tonight for the meeting. Thanks, Sharon From: Rigby, Marlene Sent: Monday, February 22, 2010 10:38 AM To: Gillett, Martha; Harris, Sharon Cc: Barr, Stephen; Eldridge, Robin; Garrison, Bonnie Subject: Brookglen Attendance Per Chuck Engelken's request, here is the attendance to the Brookglen Pool for the last five (5) years. Please let me know if I can be of further assistance. Thanks, 1 B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 22. 2010 Bud!!:et Requested By: Tim Tietjens Source of Funds: N/A Department: Plannin~ Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: Letter from TDHCA Amount Requested: Exhibits: Letter from Developer Budgeted Item: YES NO Exhibits Site Map SUMMARY & RECOMMENDATION The Texas Department of Housing and Community Affairs (TDHCA) has received an affordable rental housing application for the 2010 Competitive Housing Tax Credit Program. The proposed development, Bayview Crossing, would consist of 128 low income units located at 2530 S. Broadway. The TDHCA will hold a public hearing on the application in April 2010, a preliminary decision will be made in June 2010, and a final decision will be issued in July 2010. The TDHCA is also accepting written comments on the application. Action Required bv Council: orkshop to discuss the Notification of Affordable Rental Housing Application received by the Texas t of Housing and Community Affairs for a proposed development at 2530 S. Broadway, and provide egarding support or opposition of same. J It{) fo Date .". ~'.C";TEX"'SO(:I'AR1"'tNTOr Texas Department of Housing and Community Affairs ~;::HoosIN(; a COMMUNITY ArrAlR'.i . . =~',;;':"""""' '-"',',"'",,,,,,,;., Multifamily Finance Division .. R E C ~~l1 of Submission of Affordable Housing Applications January 21,2010 JA~1 27 2010 The BatTy Beasley. _ I' tf Mayor CITY MA!.'l0GER~" ~ l--~1\l) City of La Porte OFF-I{.IE \I H" \> ~ \\~ 604 W. Pairmont Pkwy. l\.' ~ } LaPorte, TX 77571 ~ Re: Notification of Affordable Rental Housing Applicatlol1(s) Proposed in Your City ReCEIVED IJAN 252010 CITY SECRETARY's OFF.ce Dear Mayor Beasley: I am writing to provide you with information on one or more rental housing application(s) proposed in the community you represent that has been received by the Texas Department of Housing and Community Affairs (the Department) for the Competitive Housing Tax Credit Program. The Department received the application(s) on or before January 8, 2010. The Department's mission is to help Texans achieve a higher quality of life by building better communities. Through our rental production programs, the Department encourages the new construction or rehabilitation of high- quality multifamily housing, primarily through private developers. These developments benefit Texans in your city by providing qualified families with safe, affordable, quality housing. This notification is made pursuant to ~2306.l114, Texas Government Code, to ensure that you are fully informed of the activity in your city and so that the Department can gather your input on the proposed application(s). The Department greatly appreciates receiving your views concerning the need for affordable housing within your city and how the proposed development(s) addresses that need. A development summary for each application which may be in your city is included with this correspondence. Written support or opposition letters received regarding specific applications will be summarized for the Department's Governing Board for their consideration when making a decision to award Competitive Housing Tax Credits to an application. To solicit additional public comment, the Department wiII hold a series of public hearings in April 2010 on alI Competitive Housing Tax Credit applications receIved. The Department's Governing Board is tentatively scheduled to make its preliminary decision concerning the proposed development(s) for the Competitive Housing Tax Credit Program at its June 2010 meeting and its final decision at its late July 2010 meeting. The Competitive Housing Tax Credit hearing schedule, announcements regarding further dates, board meeting dates, and other informational notices will be posted on our website at www.tdhca.state.tx.us. Please mail any comments you may have to the Multifamily Finance Division, P.O. Box 13941, Austin, TX 78711- 3491 or send them by facsimile to (512) 475-0764. If you have any questions or need additional information, please contact the Multifamily Division at (512) 475-3340. Sincerely, ~glf' rTkr Robbye Meyer Director, Multifamily Finance . , Relevant Develonmellt Information as Presented bv the Applicant: Project Number: 110273 Development Name: !Bayview Crossing Development Address: 12530 S. Broadway SI. Development City: lLa Porte I Development Zip: Regional Allocation: lUrban Target Population: Set Aside: 0 Nonprofit 0 USDA 0 At-Risk Construction Type: ~ New Construction 0 Rehabilitation 0 Rehabilitation/Reconstruction BulldlnglUnit Configuration: 15 units or more I Credit! Funding Request: I Maximum # of Floors: C] Elevator: 0 Total Site Acreage: I 9.571 # Resldental Buildings: c=:] # Non Resldental Buildings: LJJ # Units per Acre: Total Low Income Units: ~ Total Market Rate Units: c=:] Total Units: Average Rent 1 Bedroom Low Income: I 358-7171 Average Rent 1 Bedroom Market Rate: Average Rent 2 Bedroom Low Income: I 431-8811 Average Rent 2 Bedroom Market Rate: Average Rent 3 Bedroom low Income: ~~ Average Rent 3 Bedroom Market Rate: Average Rent 4 Bedroom Low Income: I J Average Rent 4 Bedroom Market Rate: I I I Region: CJ] I 0 Supportive Housing 177571 IGeneral o Adapatlve Reuse $2,000,000 I 13.3751 ~ I I L I L-.J AJmlicant Information: Owner Entity Name: Owner Contact: Owner Address: Owner City: Owner Phone: Owner Fax: [La Porte Bayview Crossing, LP [Christopher Akbari !POBox 1363 INederland 1(409) 724-0020 1(409) 721-6603 I fTXj Owner Zip: ~29 I !chrisakbari@itexmgt.com I Owner State: I Extension: I Owner Email: ~ , Sununal'v of Public Benefits: ~ 100% masonry ~ ceiling fixtures ~ covered entries ~ covered parking ~ covered patios ~ fire sprinklers [] >750klnasonry o hlghspeed Internet ~ laundry conn [] laundry equipment D microwave ovens ~ nine ft ceilings ~ R-15 walls/R.30 ceilings o refrigerator wI icemaker D self.cleanlng oven ~ 30yr architectural roofing ~ 14 SEER HVAC o storage room ~ energy efficient materials o accessible walking path ~ bbcue grills picnic tables ~ children's playscapes Project Number: ~~273 o comm dining room ~ comm laundry room [] comm theater room ~ controlled gate access o covered pavilion o enclosed porch ~ equip. business ctr ~ full perimeter fencing [] furn. chlldrens activity ctr o furn. comm room ~ furn. fitness ctr ~ gazebo wI sitting o health screening room o horseshoe, putting green, shuffleboar D hot tub~acuzzi, spa D library o secured entry o senior activity room o service coordinator office ~ sport court ~ swimming pool Green Buildine: Amenities: o passive solar healing/cooling ~ water conserving feature o solar waler heaters ~ sub-metered utility meters o recycling service provided Tenant SUPllort Services: [] library center 0 child care 0 transportation ~ GED preparation ~ basic adult educatlon 0 legal assistance 0 counseling services 0 ESL class ~ vocational training 0 homebuyer education [] credit counseling 0 organized team sports progran ~ financial planning classe 0 health screening services [] health and nUlrlllonal courses ~ youth programs 0 scholastic tutoring ~ notary public service o Any other program described under Title IV-A of the Social Security Act (42 U.S.C. 601 et seq.) [] Other if 'Other' please describe I ~ energy efficlenc ~ thermally and draft efficient door o photovoltalc panels for electricity D EPA management practice o water permeable walkways ~ renewable materials D healthy flooring o IrrigaUon and landscaping D construction waste managemen o healthy finish materials ~o^ flItexGroup January 7, 2010 To: Mayor Barry Beasley City of La Porte Texas 604 W Fairmont Pkwy La Porte, TX 77571 Certified Mall # 7001 1940 0000 3126 7162 RECEIVED IjAM 11 2010 CaTV IICRITARY'S 0'''0. NOTICE TO PUBLIC La Porte Bayview Crossing, LP is making a pre-application for 2010 Competitive Housing Tax Credits with the Texas Department of Housing and Community Affairs for the Bayview Crossing Apartments, Approximately 2530 S. Broadway, La Porte, Texas, Harris County. This New Construction project is an apartment community comprised of approximately 128 units of which the Income levels are as follows: )> 5% or 7 units at 30% of the area median income )> 35% or 45 units at 50% of the area median Income )> 60% or 76 units at 60% of the area median Income These income levels based on family size are as follows: Income 1 2 3 4 5 6 Level 30% 13 400 $15,300 17 250 19,150 20 700 22,200 50% 22 350 $25,500 28 700 31 900 34.450 37 000 60% 26 820 $30,600 34 440 38 280 41,340 44 400 The total restricted income percentage of the Development is 100% of the total 128 units. The Development will serve family households. The number of units and proposed rents (less utility allowances) for the subject property's tax credit units are: 36 - 1 Bedroom Units for 68 - 2 Bedroom Units for 24 - 3 Bedroom Units for $358 to $717 $431 to $861 $498 to $995 There will be a public hearing to receive public conllnent on the proposed development. Information regarding the date, time, and location of that hearing will be disseminated at least 30 days prior to the hearing date. If awarded, this development would be ready for occupancy by approximately December 31, 2011. For more information on this notice, please contact La Porte Bayview Crossing, LP Christopher Akbari, 3735 Honeywood Court Port Arthur, Texas 77642 (409) 724-0020 voice I (409) 721-6603 facsimile. For information on the Housing Programs, see www.tdhca.state.tx.us. 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"C'l'" 000 000 r-1I0111 .~~~ 000 U\ Q. 10, M"lCl) NON "'cotM 000 lIllIIO "'<'1<'1 OmOl r1rlN 000 0'11I 11'I :::~:g rlN o o l'l t- l"l .c .. !ai ~... o -0 ~'" Jt: 000 000 OO.M'" 0...., Nl'IllII 000 11I11'I0 l'IlNID- ~l;t~ 000 o 10 III rlrlcot mom .-4"'''' 0.0'0 U)01ll m...'" 101IOqI' .iN"" ggg IDO'" 11I10'" roN"" 000 '~~~ ",,"'r- "'('lM 000 000 IIlClO.... NOI'I "'Nl"l 000 00.0 :!:tl~ r1Mt'l ~~ ~H~ S~~ ~ig ~ ~ o o o i~ ~!;i i 3 -GI .0 80 '''''1 ~t: ~ c REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 22. 2010 Appropriation Requested By: Various Department Directors Source of Funds: Department: Various Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: 1st Quarter CIP Report Amount Requested: Exhibits: Budgeted Item: Exhibits SUMMARY & RECOMMENDATION The attached report summarizes the progress of Capital Improvement Projects assigned to various departments in the 1 st Quarter, FY 2009-2010. . Parks & Recreation Department - S. Barr . Public Works - S. Gillett . Golf Course Improvements - A. Osmond . Planning - T. Tietjens J!/8)i> Date Capital Improvement 1st Quarter Report Parks & Recreation Department February 22, 2010 Project 675 - Joint Ventures for Capital Improvements PROJECT DESCRIPTION These funds will be earmarked for joint ventures with recognized youth sports programs and other organizations that wish to contribute towards improvements of City-owned facilities. These funds will be combined with contributions from other groups or associations made to the City of La Porte sports facilities, parks and beautification projects on City-owned properties. FIRST QUARTER FY 09-10 The Glen Meadows Homeowners Association has requested and been granted a joint venture project over a 2 year period, to add concrete bleacher pads, aluminum bleachers, and canvas bleacher covers for three of the practice backstops at Glen Meadows Park. The new bleachers have been ordered and staff is preparing to contract the concrete pad work. Project 701- Evelyn Kennedy Repairs PROJECT DESCRIPTION As a result of Hurricane Ike, the Evelyn Kennedy Civic Center experienced some heavy damage, including roof leaks, mold and damaged equipment. The building needed an upgrade of ceiling tiles, flooring, appliances, and general renovation of bathrooms, etc. FIRST QUARTER FY 09-10 This project has been completed, except for new bathroom stall dividers which have now been delivered and installed. This work has been finished and the project is complete. Project 893 - Bicycle-Pedestrian Trail System - Pasadena Connector (combined with GEN 981 Bay Area Boulevard and Canada Road SidewalkfTraillmprovements) PROJECT DESCRIPTION This project is the second high priority segment of the Bicycle Pedestrian Trail System (Southside Trail or Safe Routes to School Trail is completed) that was identified in our 2003 Implementation Plan. The 5.2 mile segment will provide additional recreation and transportation opportunities for La Porte citizens by connecting the Central Business District of La Porte, eastward to the Pasadena Trail system & southward along Bay Area Blvd to Pasadena & Houston. The trail segment will begin at Little Cedar Bayou Park, move north to Fairmont Pkwy, east along the south side of Fairmont Pkwy to the Pasadena Convention Center. Further north-south connectors throughout La Porte will link other parts of La Porte, including a trail segment at Big Island Slough, Canada Road, Spring Gulley, Driftwood and Bay Area Blvd. The trail will connect through Little Cedar Bayou Park to the Southside Trail as well. FIRST QUARTER FY 09-10 The Bids were solicited and City Council awarded a contract to Lucas Construction, Inc. to construct the 5.2 mile bicycle pedestrian trail section from the Pasadena Convention Center, east to Little Cedar Bayou Park. In addition, there will be wide bicycle pedestrian pathways installed on Bay Area Boulevard from Fairmont Parkway to Spencer, and on Canada Road, also from Fairmont Parkway to Spencer Highway. A Notice to Proceed was issued on 4 January 2010. Work is proceeding on hydro-axing underbrush, etc. in preparation for the trail construction. Project 903 - Shoreline Protection PROJECT DESCRIPTION The City of La Porte received a series of three grants from the Texas General Land Office for shoreline protection and beach restoration at Sylvan Beach Park. The first grant was for a feasibility study and preliminary design of shoreline protection and beach restoration, which was funded at the 85%/15% level by the TGLO and the City of La Porte respectively, and has been completed. The second grant funded the design and USACE permitting process for the project was funded at 85%/7.5%/7.5% by TGLO, CoLP and Harris County, respectively. The third grant is for construction of the project. When implemented, it will be funded at 60%/20%20% by the same three entities. The project was selected as an Alternate project in the 2004-2005 biennium which means that it will be funded if another project falters or does not get its permitting, etc. The City will re-submit its funding request for the upcoming state biennium fiscal funding cycle. FIRST QUARTER FY 09-10 The project is substantially complete, with final completion expected by the end of January 2010. Project 961- Roof Replacements/Remodel Parks PROJECT DESCRIPTION · Evelyn Kennedy Civic Center - roof is 12 years old & we are experiencing roof leak problems at the building. Recommend roof replacement with Durolast material (or equal) with 15 year warranty - $40,000. · Recreation & Fitness Center Gym & Pool area - roof is 16 years old & we are experiencing continuing leak problems at the skylights and walls. Recommend roof replacement with Durolast material (or equal) with 15 year warranty - $55,000. · Little Cedar Bayou Wave Pool Restrooms & Mechanical Room - roof is 19 years old & we are experiencing continuing leak problems at this facility. Recommend roof replacement with Durolast material (or equal) with 15 year warranty. - $16,500. · Remodel Roof at Brookglen Pool - this building was acquired in 1999. Structure needs to be remodeled and roof needs to be replaced - $65,000. FIRST QUARTER FY 09-10 The final component, Brookglen Pool Roof Replacement has been awarded but is on hold pending a decision on the Brookglen Pool. Project 965- Park Upgrade - Landscaping & Park Enhancements - Little Cedar Bayou Park PROJECT DESCRIPTION The Landscaping & amenities at Little Cedar Bayou Park is in need of enhancement. Little Cedar Bayou Park is our flagship park, with the largest attendance in the City, containing the Wave Pool, Girl's Softball Complex, Multi-purpose Athletic Fields, Picnic Areas, Playgrounds & Trail Head. Components indentified are: · A landscape design for the park · Seal coating of roadway & parking, re-striping of park . Re-surface tennis courts . Enhance picnic area · Improve landscaping around Girl's Soft ball Complex, Wave Pool & Multi-purpose Fields FIRST QUARTER FY 09-10 This project is under design. The condition of the parking lot surface is such that staff has recommended deferment of repairs and replacement as a part of the FY 2010-2011 budget. The architect should have plans available for review and bidding by the end of the second quarter, with completion expected by the end of the third quarter. Project 975 - Sports Complex/Ballfields PROJECT DESCRIPTION This funding will be used to design and construct a youth baseball complex and related infrastructure at Westside Park. Funding for this project of $1,234,321 can also be found in Fund 48 (2006 General Obligation Bond Fund) bringing the total funding to $4,137,271. FIRST QUARTER FY 09-10 This project is moving forward, with the civil work virtually complete. The last two fields have been irrigated and sod installed. The buildings are erected and work has begun on finishing the concession and maintenance facilities. The project experienced significant delays in the first quarter due to rain and inclement weather. The project is still on target to be completed just after the end of the second quarter. Project 983 - Parks to Standards - Install Play Equipment at Westside Complex & Park PROJECT DESCRIPTION The playground equipment replacement schedule calls for replacement of the City's park equipment at Sylvan Beach Park lease. The consensus is that this park most likely will not be a part of the City of La Porte park system in the future. Therefore staff recommendation is that the play equipment be removed and not replaced. Instead, the program can be used to place new equipment at the City's west side sports complex and park, thereby freeing up funds for baseball related park equipment. This project will be completed by Force Account and should not require any engineering or design services. Installation will include park service equipment as well as play equipment (Le. picnic tables, barbeque pits, trash receptacles, etc.). The project will have a minimal impact on the City's operating costs, and will provide a safe pleasant environment for recreational activities at the new baseball complex and park. FIRST QUARTER FY 09-10 Play equipment has been ordered, with expected installation in the second quarter. Project 984 - Pedestrian Bridge @ Spring Gulley PROJECT DESCRIPTION A ten foot wide pedestrian bridge to provide a safe crossing over Spring Gulley, allowing pedestrian traffic to access the new sports complex and pedestrian pathways along Canada Road and construction of approximately 3,200 linear feet of new 10' concrete trail system components to the east and west of the new park, providing connectivity between the park and the Pecan Plantation and Brookglen subdivisions. The project will enhance the recreation and transportation capabilities of the City of La Porte trail system and further the intent of the City's Bicycle - Pedestrian Trail Plan. FIRST QUARTER FY 09-10 The survey work has commenced and the trail alignment is being prepared. Design should be completed duringthesecondquarte~ Project 985 - Basketball Court Overlay @ Northside Park PROJECT DESCRIPTION The basketball court at Northside Park is unlevel, which causes problems with usage. When it rains, water stands on the court and makes it impossible to use for basketball or other recreational use by the children Overlaying the basketball court will provide a smooth, safe surface that can be used for many different recreational activities. FIRST QUARTER FY 09-10 Bids were issued and received for this project. We expect to have a purchase order to begin work momentarily, with completion by the end of the second quarte~ Project 986 - Northwest Park and Bridge over Big Island Slough PROJECT DESCRIPTION In accordance with long term goals to have all of the La Porte soccer fields in one location, we need to begin utilization of the ten acre tract adjacent to Northwest Park that was set aside for additional fields along with a pedestrian bridge connection over Big Island Slough, and parking for the additional fields. This project sets up funding for the design and easement process for use of this property. The bridge over Big Island Slough will open the property for future development and provide safe access by participants at the park. FIRST QUARTER FY 09-10 This project is being evaluated based on the recent drainage study by Klotz Associates relative to possible detention. Design for this project has not begun. Project 989 - Replace Marquee Signage PROJECT DESCRIPTION The existing marquee at City Hall is often inoperative due to equipment breakdowns caused by obsolete design technology. Replacement parts are expensive and most of the repairs require additional expertise from the manufacturer representative. The existing marquee at the La Porte Recreation & Fitness Center was damaged by Hurricane Ike. The funds allocated to repair the damage are available. It is our intent to upgrade this marquee to a more modern electric display. This upgrade will reduce manpower needs and allow for more information to be disseminated to the public with much greater ease than with the old mechanical system. This project would also utilize the approximately $5,000 earmarked for the repair of the RFC marquee. This project would fund replacement of both marquees to update and improve the City's capability to communicate with our citizens. FIRST QUARTER FY 09-10 This project was awarded to Spectrum Sign Corporation. Installation was completed last week. The project has been tested and is completed. Project 994 - San Jacinto Trail PROJECT DESCRIPTION Aten foot wide promenade sidewalk, that will continue the connections between the City's business district and key recreation areas by connecting the new Town Plaza into the Sylvan Beach area. The project will enhance the recreation and transportation capabilities of the City of La Porte trail system and further the intent of the City's marketing plan as well as Bicycle - Pedestrian Trail Plan. The pedestrian walkway will include benches, trees, bicycle racks, and drinking fountains along the pathway. FIRST QUARTER FY 09-10 Survey work has been initiated and the alignment of the pathway is being laid out. Staff will review the preliminary layout for the new trail shortly. The design is expected to be completed by the end of the second quarter. Design is combined with the Spring Gulley and west side connectors (Project GEN984). Project 669 - Sanitary Sewer Rehabilitation Note: This project does not roll forward each year. A new amount is budgeted each year. PROJECT DESCRIPTION In May of 1993, the City filed a proposed schedule with the EPA for the investigation and rehabilitation of the sanitary sewer system. The City, through the use of in-house and contract labor, has been systematically working through the system to identify and correct sources of inflow, as well as repair structurally inadequate collection facilities. Work planned for the year, utilizing contract and force-account labor, includes the following: Additional work may be identified and accomplished through contract or force account. Addition or replacement of minor equipment may be purchased as needed to carry out the program. FIRST QUARTER FY 09-10 . Northwest La Porte Service Area - Performed 1 point repair, 1 manhole repair and inspected 31 manholes using in-house forces. . Lift Station 1A Service Area - Performed 1 point repair and 2 manhole repairs using in-house forces. . Service Area F - Performed 53 manhole inspections and rehabilitated 1 manhole using in-house forces. . Southeast La Porte Service Area - Completed 23 manhole inspections and rehabilitated 1 manhole using in-house forces. . Bay MUD Service Area - Performed 5 point repairs, 2 manhole repairs and slip lined 1,020 feet of sewer main using in-house forces. . Fairmont Park Service Area -Inspected 27 manholes, performed 1 point repair and smoke-tested 19,171 feet of sewer with in-house forces. Cleaned and televised 4,598 feet of sewer with contract forces. . Spenwick Service Area - Repaired 2 manholes with in-house forces. . Brookglen Service Area - Performed 12 manhole inspections and 5 manhole repairs with in-house forces. Slip lined 5,598 feet of sewer with contract forces. Project 712 - McCabe Road Trunk Sewer PROJECT DESCRIPTION From an existing manhole at the northeast corner of McCabe Road and Taylor Bayou, approximately 2400 linear feet of 12" sanitary sewer running easterly and terminating just west of the East branch of Taylor Bayou. Included are two road crossings to service vacant properties along the south side of McCabe. Lift station no. 12 will be eliminated and converted into a manhole. The sanitary sewer infrastructure for the mobile home park will be tied into the phase I sanitary sewer. FIRST QUARTER FY 09-10 Awarded contract for design. Easement descriptions for sewer and sidewalk installation are complete. Initial contact made with three (3) property owners. Design of trunk sewer and sidewalk 35% complete. Project 717 - Generator Grants PROJECT DESCRIPTION FEMA and the state awarded the City of La Porte funds for 3 generators through the Hazardous Mitigation Grant Program. These generators will be mobile and used to assist us in the response and recovery effort after a major disaster. This grant is a 75/25 reimbursement matching grant. FIRST QUARTER FY 09-10 Council accepted grant award 11-9-09. Advertised sealed bids opened 1-5-10. Council consent agenda item 1-25-10. Project 872 - Concrete Street Restoration PROJECT DESCRIPTION The Concrete Restoration Project is designed to rehabilitate existing concrete streets that have experienced settlement and joint displacement. The process involves pumping material beneath sunken slabs, raising them to the original profile and elevation. This process will also be used to level sunken curb lines to reestablish drainage flow. This process now has several vendors, using similar techniques. It is anticipated that the Project will be an ongoing program. FIRST QUARTER FY 09-10 No progress this quarter. Project 880 - Utility Equipment Replacement PROJECT DESCRIPTION Ongoing improvements to various utility sites, including replacement of motor controls, pumps, motors, chlorinators & other equipment. Specific projects are as follows: . Replace rotating assemblies at seven (7) lift stations. . Replace two (2) pumps at LS 26 . Replace two (2) grit pumps (WWTP) FIRST QUARTER FY 09-10 . Five (5) of seven (7) rotating assemblies installed. . Two (2) pumps at LS 26 installed. Project 898- In-house Waterline Replacement PROJECT DESCRIPTION In-house utility forces will construct all waterline replacement. No engineering anticipated. FIRST QUARTER FY 09-10 . Replace waterline 400 block of North 11th complete. . Replace waterline between 700 block of Nugent and Holmes - in progress. Project 933- Sens Road Utility Relocation - Phase II Construction PROJECT DESCRIPTION The upcoming widening of Sens Road from Spencer Highway to North P Street will require the relocation of existing water distribution and wastewater collection lines. Final design is completed. With the completion of the Bay Area Blvd, Trunk Sewer in FY 2004-05, the potential to eliminate lift stations in the eastern portion of Northwest La Porte will be incorporated in the relocation effort. The project is necessary to relocate existing utilities to allow the Sens Road widening to occur. FIRST QUARTER FY 09-10 Final plans approved by Harris County. Expect to bid and award the Project early in next quarter. Project 938 -Aeration Improvements PROJECT DESCRIPTION The Wastewater Treatment Plant has been evaluated for future needs, with approximately $6M in improvements identified, including engineering. FIRST QUARTER FY 09-10 Awaiting final installation and electrical connection for switch gear for emergency generator hookup. Project 949- Public Works Facility Rehabilitation - Phase II PROJECT DESCRIPTION The existing Public Works facility is in excess of 25 years old. The building, a steel frame with metal sheathing has deteriorated over the years. The roof leaks, walls have rusted through & the insulation is ruined in many areas. Phase I and II of the project is complete. Phase 1\1 of the project is to remove & replace existing roofing on equipment storage sheds. FIRST QUARTER FY 09-10 Design completed and bids received. Expect to award and complete the Project in next quarter. Project 953 -lift Station #6 (Design Only) PROJECT DESCRIPTION As recommended in the May 1984 Comprehensive Wastewater Collection and Treatment Plan, the October 1997 Southeast Sanitary Sewer Trunk Main and Lift Station Facilities Report, and the 2000 La Porte Comprehensive Plan a large diameter trunk sewer was constructed along the west side of Bay Forest Golf Course to south of McCabe Road. The project included a proposed lift station at the intersection of Taylor Bayou and McCabe Road. In August 2002, La Porte secured easements for trunk sewer which began construction in 2007. The construction of this line will allow the development of approximately 300 acres of land. Corresponding to the culmination of this project, the receiving Lift Station #6 requires upgrading to complete the project. FIRST QUARTER FY 09-10 Design is complete. Awaiting transfer of ownership from Harris County Flood Control. Project 977 - Update Water Master Plan PROJECT DESCRIPTION The last full update of the City's Water Master Plan is dated May 1984. Many system improvements have been made since that time, as well as regulatory changes. The La Porte Area Water Authority has purchased 7.8 MGD of treated surface water capacity at the City of Houston's Southeast Purification Plant; the City has constructed one new elevated storage tank and several thousand feet of new water lines to improve flow & circulation. The update is needed to measure the effectiveness of completed improvements & identify additional improvement necessary, together with projected priorities & estimates. FIRST QUARTER FY 09-10 THIS PROJECT IS COMPLETE Project 978 - Valley Brook Water Line Replacement PROJECT DESCRIPTION The existing waterline along Valley Brook from Spencer Hwy to Hillridge is constructed of cast iron pipe, & has been susceptible to frequent breakage due to the material & age (40+ years). Replacement of this line with C900 PVC will eliminate this problem. This Project will be designed and constructed in coordination with Project 531 - Concrete Streets (Valley Brook & Antrim) FIRST QUARTER FY 09-10 THIS PROJECT IS COMPLETE Project 979 - Lift Station Evaluation PROJECT DESCRIPTION The City has completed rehabilitation of five (5) lift stations identified in the Engineering Report prepared several years ago. With the completion of these projects, it is requested that an additional five (5) lift stations undergo an engineering evaluation to recommend improvements for future capital improvements. The proposal list includes Lift Stations 10 (Glen Meadows), 13 (North L Street), 14 (North L Street), 19 (Lomax School Road) & 37 (Luella Blvd). FIRST QUARTER FY 09-10 THIS PROJECT IS COMPLETE Project 980 - Fairmont Utility Relocation Project PROJECT DESCRIPTION Harris County has initiated the design of improvements to Fairmont Pkwy from SH146 to South 16th Street. The proposed improvements will require the relocation of utilities within the ROW to accommodate the proposed widening FIRST QUARTER FY 09-10 THIS PROJECT IS COMPLETE Project 531 - Concrete Streets (Valley Brook & Antrim) Proiect DescriDtion This project is the continuation of the replacement of concrete & overlay of asphalt streets, utilizing the street maintenance sales tax. The proposed replacement includes Valley Brook Drive from Old Orchard to Hillridge, and Antrim from Farrington Blvd. to Piney Brook. This Project will be designed and constructed in coordination with Project 978 - Valley Brook Water Line Replacement FIRST QUARTER FY 09-10 THIS PROJECT IS COMPLETE Project 995 - McCabe Trail System PROJECT DESCRIPTION An eight foot wide concrete bicycle - pedestrian pathway to connect the new Bayshore Elementary School to the Safe Routes to School trail on S. Broadway. This project will allow children on foot and bicycle , to connect to the new school without having to travel on the narrow two lane road. The project will enhance the recreation and transportation capabilities of the City of La Porte trail system and further the intent of the City's Bicycle - Pedestrian Trail Plan. This project has been combined with the Public Works Storm sewer project for McCabe Road FIRST QUARTER FY 09-10 Design consultant selected. Design is expected to be complete in next quarter. Project 996 - Broadway Waterline Replacement PROJECT DESCRIPTION The existing waterline along South Broadway from West A to West E and West F to West G streets is constructed of cast iron pipe. and has been susceptible to frequent breakage due to the material and age (40+ years). Replacement of this line with C900 PVC will eliminate this problem. FIRST QUARTER FY 09-10 Design consultant selected. Design is expected to be complete in next quarter. Project 997 - Lift Station #10 PROJECT DESCRIPTION This project involves the replacement of Lift Station #10 (Glen Meadows) as identified by the recently completed Lift Station Evaluation Study. FIRST QUARTER FY 09-10 Design consultant selected. Design is expected to be complete in next quarter. Project 998 - 25th Street Water Well Improvements Account Number: Funding: Fiscal Year 09-10 015-9892-998 Budget $ 250,000 Expenditures $ Encumbrances $ Budget Remaining $ 250,000 $ $ $ 250,000 Total PROJECT DESCRIPTION This project is to tie the water system in Northwest La Porte (Lomax area) into the 25th Street Water Plant system to boost pressures and water delivery in the area, as recommended by the Water Master Plan. The project will add a 750 gpm booster pump and upgrade piping at the 25th Street Water Plant, upgrade electrical system at the plant and add RTU at the plant and the elevated water storage tower on Lomax School Road. FIRST QUARTER FY 09-10 No progress this quarter. Expect to select design consultant and begin design in next quarter. Capital Improvement 1st Quarter Report Golf Course February 22, 2010 Project 982 - Golf Course Repairs PROJECT DESCRIPTION Various golf course improvements as needed. FIRST QUARTER FY 09-10 The golf course restroom repairs and painting are complete. The clubhouse repairs and painting are complete. Carpet replacement for the clubhouse will be done this spring or summer. Bids have been received for the channel bulk heading in front of the clubhouse and is currently under review. If approved, it will need to be constructed when the soil is dry around the site. The landscaping contractor will have to come in after the bulk heading construction. A purchase order has been issued to repair the outflow weirs on Holes 2 & s. The tunnel headwall improvements are under review. Capital Improvement 1st Quarter Report Planning Department February 22, 2010 Project 690 - Drainage Improvements PROJECT DESCRIPTION The drainage improvement project is intended to be an ongoing, annual project that incorporates maintenance of existing facilities, investigates and designs improvements to provide relief to specific areas, and provides for contract design and construction of identified improvements beyond the scope of City capabilities. FIRST QUARTER FY 09-10 No activity this quarter. Project 709 - Sidewalk Replacement Program Project Description These funds will be used to repair sidewalks located in various parts of the City. This is the twelfth year of a program designed to replace badly deteriorated sidewalks. The sidewalks to be improved will be selected using guidelines previously reviewed and approved by Council. First Quarter FY 09-10 New areas of replacement were identified, bid packages developed and staff is in the process of securing quotes to perform the work. Project 725 - Participation in Water/Wastewater Line Oversizing PROJECT DESCRIPTION Often the City experiences growth in locations that are not served by utilities. Gaps between new development and unserved areas create potential areas for City participation. City participation will stimulate development in these areas. FIRST QUARTER FY 09-10 No participation this quarter. Project 849- F216 Watershed Study Recommendations Project Description The City is currently conducting a drainage study to improve drainage and flooding problems in certain areas. The study has not yet been completed; however the City has set aside these funds to begin construction on those improvements within the F216 watershed once determined. First Quarter FY 09-10 Project is under construction. Excavated material is being used for the SH 146 project. Contractor will also construct all appurtenances required per the design. Significant weather delays have hampered construction progress. Have notified franchise utilities for relocation of their infrastructure. Project 859 - Northside Community Plan PROJECT DESCRIPTION The City's 2020 Comprehensive Plan and the 1999 Northside Neighborhood Plan goals charge the City to do the following: ... Consider to revitalize and rehabilitate existing housing where needed. ... Encourage the rehabilitation or replacement of substandard housing. Ill- Stabilize and improve the quality of neighborhoods and other areas in decline by attracting renewed private investment activity. Ill- Develop a visionary, community-based system to direct actions toward building a strong economic base for new businesses and jobs together with affordable housing initiatives. To comply with these objectives, revitalization and development of this area will involve 3 phases: Phase I involves new housing construction (companion HOME Grant Submitted); Phase II provides the installation of infrastructure; and Phase III creates a linear pedestrian connectivity using the unimproved North E Street right-of-way. As a part of Phase II, the City proposes to extend North ih Street from West Madison to the unimproved North E Street. City regulations require that property can only be developed if the proper infrastructure is available, e.g. water, sewer drainage and streets. These portions of N. 7th Street and N. E Street are unpaved. The City believes that paving N. 7th Street will serve as a catalyst for housing development and the pedestrian trail on E Street will connect and buffer the community. FIRST QUARTER FY 09-10 All phases to date are complete. Three homes remain for sale at 224 N. 6th, 207 N. 2nd, and 216 N. 2nd Streets. Main Properties is the listing agent for these properties. Project 878 - Geographic Information System PROJECT DESCRIPTION GIS staff will use in the creation/acquisition of new data layers as defined in "Chapter 3 - Needs Assessment" of the City's GIS Implementation Plan. The concentration of effort will be in GPS field data collection and obtaining newly available data from outside agencies. FIRST QUARTER FY 09-10 Program is complete. Utility Map Books (Water & Sewer only) have been printed, published and distributed throughout the City. ArcReader application has been installed on end-users workstations allowing access to water & sewer data. Project 905 - Texas Avenue Streetscape (same as 948, funds combined) PROJECT DESCRIPTION Texas Avenue fronts the La Porte High School football stadium. The La Porte Independent School District is considering some improvements to the stadium. Should the school district undertake improvements on the stadium, this project would provide improvements to Texas Avenue to improve circulation, pedestrian movement and screening for the back of the strip center and dumpsters. The project would include street and landscape improvements. FIRST QUARTER FY 09-10 Project has been closed out. Project 927 - City Wheelchair Ramp and Infill Sidewalk Construction Project Description The installation of new wheelchair ramps on an as needed basis. To in-fill areas with new sidewalk to interconnect existing sidewalks, also to connect schools and public facilities with neighborhoods. First Quarter FY 09-10 Areas of needed in-fill have been identified, design is underway; the goal is to bid during the second quarter. Project 931 - Laser Fiche PROJECT DESCRIPTION This is the second phase for the laser fiche implementation. In fiscal year 2006, the City Secretary's office completed the conversion. The $29,800 will allow Planning and Engineering to convert their current records into document imaging allowing them to go to a paperless system. FIRST QUARTER FY 09-10 The Planning Department is evaluating specific products and services for internal scanning and document management ofthe Department's permanent records. Project 935 - Fire Training Facility Project Description The fire department is trying to add an 80-100 person classroom at the fire training facility. It will be a large one room building to hold citywide fire training classes. It can also be rented out as a classroom when the field is rented. $120,000 has been set aside in FY2007-08 for this project. The additional $124,644 will bring the total to $224,644. First Quarter FY 09-10 Project completed, ahead of schedule and under budget. Project 941 - 908/912 West Main PROJECT DESCRIPTION Additional funds to continue repairs of these two buildings, which include the parking lot, landscaping, drainage, roofing and other needed repairs. FIRST QUARTER FY 09-10 Building aspects of project are complete. Site aspects of project are associated with the gateway project, which is pending. Project 945 - Street/Drainage Participation Project Description This is a new initiative to support new small business development. Currently, a short perimeter road may be required for a development. The developer/owner pays for the entire road. In the future, a different property owner may access his property through this road without any expenditure or reimbursement. This would operate similarly to the funds set aside for water/sewer participation. To implement would first take some policy guidelines and ordinance amendment. First Quarter FY 09-10 No activity this quarter. Project 946 - GIS - Review/Update of Implementation Plan PROJECT DESCRIPTION Work with consultant to review & update the City's GIS Implementation Plan of 2002 in order to ascertain the program's successes and deficiencies and to appropriate its resources to more effectively serve the current and future needs ofthe City. FIRST QUARTER FY 09-10 No activity this quarter. Project 950 - FlOl Master Plan Update/Design @ Pipeline Corridor Project Description This project will initiate a study for further improvements to the F101 drainage system. The specific target of this phase of the project will be crossing the pipeline corridor along the F101 channel which has a major negative impact to any improvements that may be envisioned. The goal is to reduce the cost associated with the construction of improvements and to avoid any major relocation of pipelines within the easement. First Quarter FY 09-10 No activity this quarter. Project 957- Drainage Study Project Description The City is currently conducting a drainage study to determine areas within the City with flooding issues and what needs to be done to improve flooding in those areas. The study has not yet been completed; however, the City has set aside funds to begin construction on those improvements once determined. First Quarter FY 09-10 Study has been completed and the City is going out for bid on ten (10) flume projects in order to relieve flooding in selected subdivisions. City forces have also completed seven of the twelve identified construction projects and are working in conjunction with Harris County to complete an eighth. Project 972 - Planning Software (Building/Codes) PROJECT DESCRIPTION Software provides a comprehensive, flexible solution for community development departments that supports the tracking of all stages of construction activity. From initial zoning allocation thru plan review, permit issuance, inspections, co-issuance, final sign-off and future remodeling and code enforcement events. Data is collected, organized, analyzed and at your fingertips. Inspections/Code Enforcement: . Inspection results updated within 5 minutes of completion . Jobsite access to permit information . Correction notices issued in the field · More efficient use of employee time Planning: . Property history readily available (P&Z and ZBOA actions) . Reports FIRST QUARTER FY 09-10 Implementation of Planning/Engineering module should occur after Human Resources module (installation planned for Feb. 5, training Feb. 16-19), but before Click2Gov for Building Permits, Code Enforcement, and Tax (date to be determined). Field Connect for Building Permits is not yet available and Field Connect for Code Enforcement will not be available until after Field Connect for Building Permits has been released for general availability. Project 990 - City Hall Renovations Project Description Renovations for City Council offices. First Quarter FY 09-10 Complete; constructed a wall in the work room. D REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 22, 2010 Requested By: Stacey Osborne Department: CMO Appropriation Source of Funds: SOURCE Account Number: Report: _ Resolution: Ordinance: Amount Budgeted: Amount Requested: Budgeted Item: YES NO Exhibits: Tax Abatement Guidelines & Criteria-20l0 Exhibits: PowerPoint Presentation Exhibits: SUMMARY & RECOMMENDATION At the City Council meeting on February 8, we presented a proposed Tax Abatement policy for the City of La Porte. Council suggested that they would like to see the proposed policy revised to include more businesses and that they would like to see some examples from our neighboring cities. With that in mind, we made some modifications to our initial proposal and gathered information about our neighboring cities to include in this presentation. The tax abatement proposal targets three specific categories of business: (1) Regional and Service Distribution Facilities; (2) Manufacturing Facilities and Other Basic Industry; and (3) Retail, Commercial Office, and Regional Entertainment Facilities. Each of those facilities is defined in the Tax Abatement Guidelines and Criteria-20lO, which is based on the Tax Abatement Guidelines and Criteria that were previously in place for the City of La Porte. An amended Guidelines and Criteria, with strike-through, is presented for your reference. We propose to offer incentives at rates that will heavily favor businesses in the retail, office, and regional entertainment industries. To qualify for tax abatements, businesses in all three categories must provide a minimum capital investment of $3 million (amended from $5 million in our earlier proposal) and be located within the limits of the City of La Porte. The abatements for all three categories would be applied to property taxes, and would be averaged over five years. The rebates for the different categories would be as follows: Warehouse/transportation: 10% for rail-served facilities and 1 % for non-rail facilities Manufacturing: 10% RetaiVOffice (at least 50,000 sf): 20% - 50%, depending upon the square footage of the building space (amended from an abatement of 12.5% - 50% in our earlier proposal). In addition, we would consider offering 380 agreements to businesses that are of particular interest to our area. Staff is currently in the process of developing guidelines for 380 agreements, which will be considered separately from the tax abatement guidelines. The next steps for offering tax abatements begin with the City adopting a resolution and adopting tax abatement guidelines and criteria. Then, once a property has requested a tax abatement, the City will hold a public hearing and designate an area as a "reinvestment zone" (which is not the same thing as a TIRZ). Written notice of the intent to enter into a tax abatement agreement will be submitted to all other taxing entities (e.g. the County), and the City approves the agreement by a majority vote. Other taxing entities will have the option to enter into a separate agreement with the property owner after the City has approved the tax abatement agreement. We feel that this tax abatement package would serve as a valuable tool for attracting the types of businesses we need in La Porte, and serve as an important part of our economic development strategy. Action Required bv Council: Provide direction to staff. Ron Bottoms, City Manager .L!/~(/l) date ORDINANCE NO. 2005-2809 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY REPEALING ARTICLE V GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS BY THE CITY OF LA PORTE, SECTIONS 66-140 THROUGH 66-152 AND ADDING ARTICLE V GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS BY THE CITY OF LA PORTE, SECTIONS 66-140 THROUGH 66-151 INCLUSIVE; 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 I. The City Council of the City of La Porte hereby amends the Code of Ordinances of the City of La Porte by repealing Article V. "Guidelines and Criteria Governing Tax Abatement Agreements by the City of La Porte", Sections 66-140 through 66-152 and adding Article V. "Guidelines and Criteria Governing Tax Abatement Agreements by the City of La Porte", Sections 66-140 through 66-151 inclusive, as follows, to-wit: ARTICLE V. GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS Section 66-140. REDEVELOPMENT TAX ABATEMENT AUTHORIZED. (1) Creation of Reinvestment Zones. (a) A property tax abatement program is hereby created to be administered in accordance with V.T.C.A., Tax Code Ch. 312, as amended from time to time. Tax abatement shall only be allowed in a reinvestment zone. (b) Reinvestment zones in the city for this purpose will be considered for designation by city council upon the recommendation of the City Manager's Office. The city council may approve the creation of these reinvestment zones on a zone-by-zone basis after a public hearing before the city council. Following the public hearing the city council may consider the ordinance creating a new reinvestment zone in the proposed area. (c) The city council may not adopt an ordinance designating a reinvestment zone until it has held a public hearing at which interested persons are entitled to speak and present evidence for or against the designation. Notice of the hearing shall be given at least seven days prior to the hearing. The presiding officers of eligible jurisdictions shall be notified in writing at least seven days prior to the hearing. A notice of the public hearing shall be given to other affected taxing jurisdictions, published in the legal classified section of the local daily newspaper having general circulation, and posted in other places as deemed appropriate, including notice to civic associations in the area surrounding - I - the proposed zone, at least seven days prior to the hearing. The notice shall contain the location, time, and place of the public hearing and a description of the proposed boundaries of the reinvestment zone. (d) The designation of such a zone by ordinance shall constitute an affirmative finding by the city council that the improvements sought to be constructed or repairs to be made within the zone are feasible and practical and would be of benefit to the land to be included within a zone and to the city. (e) In determining whether an area qualifies as a reinvestment zone for the property tax abatement program, the city council shall use anyone or more of the following criteria as guidelines: (1) The area substantially impairs or arrests the sound growth of the city; retards the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use by reasons of the presence of substantial number of substandard, slum, deteriorated, or deteriorating structures, predominance of defective or inadequate sidewalks or street layout; faulty lot layout in relation to size, accessibility, or usefulness, unsanitary or unsafe conditions; deterioration of site or other improvements; tax or special assessment delinquency exceeds the fair value of the land; defective or unusual conditions of title; the existence of conditions that endanger life or property by fire or other cause; or any combination ofthese factors or conditions. (2) The area is predominantly open and, because of obsolete platting or deterioration of structures or site improvements or other factors, substantially impairs or arrests the sound growth of the city. (3) The area has been designated a local or state-federal enterprise zone under the Texas Enterprise Zone Act. (4) The area is located wholly within an eligible blighted area, as identified from time to time by city council. (5) There has been a demonstration of community interest and there is evidence that substantial number of owners of taxable real property in the reinvestment zone will participate in such a program. (6) Be reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the city. (t) The goals and objectives expressed above and the standards and restrictions expressed in V.T.C.A., Tax Code Ch. 312, as amended, are not exhaustive and shall be supplemented by such further and additional goals, objectives, rules, standards and restrictions as the city council may from time to time impose. - 2 - (g) The designation of a reinvestment zone hereunder shall expire five years after the date of its designation and may be renewed for periods not to exceed five years. The expiration of a designation, however, shall not affect existing agreements entered into pursuant to section 66-140 or section 66-145 of this chapter. (2) Agreement for redevelopment property tax abatement. (a) Upon designation of a reinvestment zone, the city may enter into property tax abatement agreements with interested owners of taxable real property located within the reinvestment zone. The agreement shall be conditioned on the owner of the property making certain improvement or repairs to the property as outlined in Section 66-143, Application. (b) In addition to the guidelines and criteria contained herein, to be eligible for tax abatement the planned improvement: (1) Should provide an economic benefit to the city, taking all relevant factors into consideration, including (i) size of the abatement, (ii) income from sales tax and franchise fees generated by the planned improvement, and (iii) any additional expense to the city services as a result of the improvement; and (2) Must be necessary because capacity cannot be provided efficiently utilizing existing improved property when reasonable allowance is made for necessary improvements; and (c) Property in a reinvestment zone that is owned or leased by a member of the city council or by a member of the city planning commission is excluded from property tax abatement. (d) The city may enter into a property tax abatement agreement with the interested owners of taxable real property for improvements or repairs completed before the city's approval of the tax abatement agreement if: (1) The applicant has complied with the requirements of section 66-143; and (2) The applicant provides evidence of good cause as to why the city should grant tax abatements for improvements or repairs completed before the city's approval of the tax abatement agreement; and (3) The agreement is consistent with the requirements of subsections (a) through (c) above, except as provided in paragraph (2) of this subsection. Notwithstanding any other provision of this section, for tax abatement agreements approved under this subsection (d), city council shall determine the year that property tax abatement shall begin. Section 66-141. DEFINITIONS - 3 - (a) "Abatement" means the full or partial exemption from ad valorem taxes of certain real property (including fixed-in-place machinery & equipment) in a reinvestment zone designated for economic development purposes. (b) "Eligible Jurisdiction" means the city and any school district, college district or other taxing district eligible to abate its taxes according to Texas law that levies ad valorem taxes upon and provides services to property located within the proposed or existing reinvestment zone. (c) "Agreement" means a contractual agreement between a property owner and/or lessee and an eligible jurisdiction for the purposes of tax abatement. f..Qt"Base Year Value" means the assessed value of eligible property on January I preceding the execution of the agreement plus the agreed upon value of eligible property improvements made after January I, but before the execution of the agreement, or the sales price, if the property was conveyed subsequent to January I, whichever is greater~ ,"Commercial Office Facility" means office buildings rented primarily to non-retail users, These buildinQs arc dcsiLmcd as Qardcn, mid-risc or high-risc structurcs, (0) "Compelicively Sited ProJect" means a project \'I'here the applicant hu.; completed a "\Tiltcn evnfttation of competing location,; for c:,pan:;iol1, relocation. or new operations. includint" tdetlt+l'i€at~fsjJet:tt:iB'-sites-itrtht}5effi€.atjolfu, (f) "Department" shaII mean the department of finance of the city. (g) "Economic Life" means the number of years a property improvement is expected to be III service in a facility. (h) "Employee" means a person whose employment is both permanent and fuIItime, who works for and is an employee of the Owner or an employee of a Contractor, who works a minimum of 1,750 hours per year exclusively within the Zone, who receives industry standard benefits, and whose employment is reflected in the Owner's (and Contractor's, if applicable) quarterly report filed with the Texas Workforce Commission; but excluding any direct contract (seasonal, part- time, and fuII-time equivalent). (i) "Expansion" means the addition of buildings, structures, fixed machinery or equipment for purposes of increasing production capacity. (j) "Facility" means property improvements completed or in the process of construction which together comprise an integral whole. (k) "Manufacturing Facility" means buildings and structures, including fixed-in-place machinery and equipment, the primary purpose of which is or wiII be the manufacture of tangible goods or materials or the processing of such goods or materials by physical or chemical change. (I) "New Facility" means a property, previously undeveloped, which is placed into service by means other than or in conjunction with expansion or modernization. - 4- lF~-,"Rlill:te~ :F()nt:.:r;rnes~el'V~omal1 ,J Formatted: List Paragraph, Left:, No bUI~~;-1 number~_",,___,________,_ ,__. (m)"Other Basic Industry Facility" means buildings and structures including fixed machinery and equipment not elsewhere described, used or to be used for the production of products or services which primarily serve a market in the creation of new permanent employment and bring in new wealth. (n) "Owner of taxable real property" shall mean the person, corporation, company or other entity responsible for paying property taxes on certain property or an interest therein including a leasehold interest or interests. (0) "Regional Distribution Center Facility" means buildings and structures, including fixed machinery and equipment, used or to be used primarily to receive, store, service or distribute goods or materials owned by the facility operator where a majority of the goods or services are distributed to points outside the city. (p) "Regional Entertainment Facility" means buildings and structures, including fixed machinery and equipment, used or to be used to provide entertainment through the admission of the general public where the majority of users reside outside the city. (q) "Regional Service Facility" means buildings and structures, including fixed machinery and equipment, used or to be used to service goods where a majority of the goods being serviced originate outside the city. (I') "Re:;earch Facility" mean:; building and ,;tructure:;, including fixed machinel) and equipment, w;ecl or to be u:;ed primarily for re,;eurch or experimentation to improve or de\'elop new tangible !S{,)6i.~5-BHHatcr;al:; (W~H~eve1Bfl'^thc produet~r()ce,;:;e:; thereto. 1*) "Re:;earch and [~t--P'B€ility" mean:; building.; and .;trueture:;. incl~lding fixed in place m;:chincry and equipment u:;ed or to be u:;cd primarily for re:;earch or e;perimentaticffi-te improve or develop current technology ;,11 biOlm~dicil:e. elec:ronic:; or pre commercial emerging tH{ltlS~ (r) "Rctai I F aci lit y" means space provided fl.)r the eonductinl.: and management of business. and the storin~ and sel1inl.: of g.oods directlv to the customer. Section 66-142. ABATEMENT AUTHORIZED (a) Authorized Facility. A facility may be eligible for abatement if it is a: Regional Distribution Center Facilitv, Regional Service Facility. Manufacturing Facility, Other Basic Industrv. Re:;earch Facility. Regional Di:;tribution Center Facility. Regional Sen'ice Facility. Regional Entertainment Facility, <':~Ol11rl1t:rcial Office Facilitv. or Retail Facilitv~Re;earelt--itHd Development Facility or Other Ba:;ic Indu:;try. (b) Creation of New Value. Abatement may only be granted for the additional value of eligible real property (including fixed-in-place machinery and equipment) listed in an abatement agreement between the City and the property owner and lessee (if required), subject to such limitations as City Council and the property tax code may require. - 5 - I Formatted:'Ust par~graph, L.~ft, No ;;ulle;~;'^1 l~umberin~,^, . .._'^'^'^'^'^'^'_" ._' (c) New and Existing Facilities. Abatement may be granted for new facilities, the expansion of existing facilities, or the improvement to existing facilities having the effect of improving current environmental conditions. (d) Eligible Property. Abatement may be extended to the value of buildings, structures, fixed machinery and equipment, site improvements plus that office space and related fixed improvements necessary to the operation and administration of the facility. The value of all property shall be the Certified Appraised Value for each year, as finally determined by the County Appraisal District ("HCAD"). (e) Ineligible Property. The following types of property shall be fully taxable and ineligible for abatement: land; inventories; supplies; tools; furnishings, and other forms of movable personal property; vehicles; vessels; aircraft; housing; hotel accommodations; deferred maintenance investments; property to be rented or leased (except as provided in the Section 66-142(f), "Owned/Leased Facilities"); property which has an economic life ofless than 15 years; property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated or directed by a political subdivision of the State of Texas, or any property exempted by local, state or federal law. When such exempted property includes manufacturing machinery and equipment listed in the Investment Budget (as required in Section 3, "Application"), then the value of such property may not be included toward the achievement of the investment or valuation thresholds set out in the Tax Abatement Agreement. (f) Owned/Leased Facilities. If a leased facility is granted abatement the agreement shall be executed with the lessor and the lessee. (g) Value and Term of Abatement. A tax abatement shall be granted in accordance with the terms of a Tax Abatement Agreement, as follows: 1. Either with the January 1st valuation date immediately following the date of execution of the agreement or a subsequent January 1st valuation date not more than three years after execution of a tax abatement agreement, but not beyond the completion of construction. Projects are eligible for abatement of new value. :;ubjcct toatt-al)at~ffiettt--\.'aly.-tB-t~{'crrk"t\tateB-as--$-1,{lgg,ggO-I)er-:i{)&-ereatooiFeta+Red+imesethe number of such Job:: a:; required in the abatement agreement. Such cap :;haU not exceed the increa:;ed value requirement a:: set out in the abatement agreement. and wtll.fle-adtusted-_taJ+y-+as-set-uHt-ifl~ietHJ6 112 (j), "Taxability''j. Under no circumstances will any facility be granted the benefit of a tax abatement for longer than 1t'fl-f1ve (-H)~) years. Value subject to abatement must remain greater than or equal to the contractually-defined "Minimum Value Requirement." To determine the amount of each year's exemption, the adjusted cap shall be multiplied by a sliding scale as follows: :r,[)e of Facilit, Year I Year 2. Year :1 \e:II' .t \ car :; Abatement Abatement Abatement Abatement Abatement - 6- CF~~rn-;tt~c:I:N~ ~~c:I~;li~~ CFo;rn~tted: ~~t:B<lic:l,N~~~c:Ie;li~~ ~~~...~~:~~~_~n~~;!i~~_o=~~_~~~_~"~J ~n1att~-'F<lnt:..BoI~,N?Underline e __ ee_ ) rFo-;rn~tted:-N~und-;':ii~~--- ._n --- " rForm~tted; Font:B;;ld"--~--~~ -I l Formatted: Font:- Bold, No underline -- 'I [F;rmatted: Font: Bold - ----~~-~-~-') CF~rm~ttec:l;eF~~ta;;;d~~-';;;;;;~-;;~-~-~! lForrnatt~d: FO~t: Bold .- - 'I ~atted: Font: Bold, No underline -'I lForm"tted: Font: Bold 1 r F~rmatted: Font: Bold,No~nd~rlin~ -1 ~atted: Font; BoI~_--=--__1 1~~gi9t1a] .l)j~Jl:i.h.LnjQn.:Sy~' ",](:'il, _l~:i)_______ QtbS:rJ.lCiSI<:II@"i1IY L~()k~1j Retail/Office Rcgioll<lII'1l1cn<lll1lTlcnt 50(:/0 5D~~(1 250'"0 2_~(~'(1 L.mQk.;;J(l>: 111lli<:.l 4-------~------~_~ ~ - ~...-~-----~-- ----~.--.__._()4%~---- ---.~-~----- It--- 10':. 7-10 l()'\<;' :(Y~ 2()';';, -- lO'Vu 2. No tax abatement shall be given in any year in which the facility fails to meet l+he contractually defined "Minimum Value Requirement." 3. All Tax Abatement Agreements shall set out in detail the exact method to be used in computing each year's exemption. 4. No tax abatement shall be given in any year in which the facility fails to meet the employment minimum set forth in Section 66-l42(h), "Basic Qualifications for Tax Abatement. " (h) Basic Qualifications for Tax Abatement. To be eligible for designation as a reinvestment zone and receive tax abatement the planned improvement: 1. must be shown to increase the assessed value of the property at least $l+.O million upon completion of the contractually-defined "Construction Period;" 2. mlL,t bc .;flOwn to dircctly create or preyent the 100;:; of permancnt full time employment for at lea:;t 10 people ,,\'ithin the reinve:;tment ;~one upon completion of the contractually defincd '-employment Period;" be shown not to solely or primarily have the effect of transferring employment from one part of City to another. _ the City may, at its discretion, take into account alternative or competing site information provided with the application for tax abatement. (i) Re..earch and Development Project:;. If thc planned project lI11provement IS for a re:;earch and de"clopment ((lcility, in order to bc eligiblc fix tax abatcment the planned improvement: - 7 - Formatted: No underline No underline Formatted: No underline No underline underline No underline No underline Formatted: No underline Formatted: No underiine I. mll.;t be rea:;onably eKpected to increa:;e the value of the propcl1y by a minimum afHffilHt-{lf-'j;.5{)().,OOO upon-t+~+et-iBR-Bf con:;truetion, and b--mUSt-he-e)(r~,""4eB--t()--€fBat,,~-HHi:\1tCHt~:;Y~)f--at---km:;t fi \' e peO~)R--H permanent ba.;i.; in the de.;ignated zone. provided thut thi:; employment qualifieation .;hall take dICet no more than t.."o year.; after the etTecti\'e date of the r:.greement and 0{}HtiHtl€--thH,)tj-gf1-,~,-teFm-'of-the---agree+rnmt~--+-he----al:latelll ell t pC'l~*I--Sf1-ai+-Hot-t'X-0eeJ f;.....e year:; fron~ the effective dati: of abatement lmd the percentabe of ..'alue tn be alx:ted :;hall be up to lOO percent of new ..alue throughout the abatement period. ~te€t '({-;--a-ffiitX-iIHttH\ aba-t-ah-l€-+te-w-va-IHe-of'.&l-,Q(~O-f*'riob~re-ate-Jffi4a-i+H)tl-. Taxability. From the execution of the abatement to the end of the agreement period, taxes shall be payable as follows: 1. value of ineligible property (as provided In Section 66-142 (e), "Ineligible Property,") shall be fully taxable; 2. the non abatable real property within the reinvestment zone shall be fully taxable each year; 3. additional value of new eligible property shall be taxable in the manner described in Section 66-142 (g), "Value and Term of Abatement;" 4. when due to the employment formula (as described in Section 66-142 (g), "Value and Term of Abatement,"), the maximum amount eligible for abatement ("the cap") is less than the total value of the new facility, the amount ofthe cap will be reduced each year at the same rate as the taxable improvements are reduced in value from the previous year's value; and 5. each year's exemption will be computed by HCAD in the following manner: (a) The Base Property Value will be the current value of all real property plus fixed- in-place machinery and equipment within the zone that is not subject to abatement. (b) The Base Year Value will be subtracted from the value of the Abated Property plus the Base Property Value, the result to be called Current Amount Eligible for Abatement. In no case can this amount exceed the cap set out in the abatement contract. (c) The Current Amount Eligible for Abatement is then multiplied by the abatement schedule set out in section 66-142 (g) to determine the amount of each year's exemption. Environmental and Worker Safety Qualification. In determining whether to grant a tax abatement, consideration will be given to compliance with all state and federal laws designed to protect human health, welfare and the environment ("environmental laws") that are applicable to all facilities in the State of Texas owned or operated by the owner of the facility or lessee, its - 8- parent, subsidiaries and, if a joint venture or partnership, every member of the joint venture or partnership ("applicants"). Consideration may also be given to compliance with environmental and worker safety laws by applicants at other facilities within the United States. Section 66-143. APPLICATION (a) Timely application: Any current or potential owner or lessee oftaxable property in City must request a tax abatement by filing a completed application with the City prior to any public expression of a siting decision or any commitment (legal or financial) to the proposed project. (b) A complete application package for consideration of a tax abatement shall consist of: . a completed City Application form; . a completed narrative prepared in accordance with the template provided with the City Application and its instructions; . an "Investment Budget" detailing components and costs of the real property improvements and fixed-in-place improvements for which tax abatement is requested, including type, number, economic life, and eligibility for a tax exemption granted by the Texas Commission on Environmental Quality ("TCEQ") (if known); . a map and legal description ofthe property; . a time schedule for undertaking and completing the proposed improvements; . a ten-year environmental and worker safety compliance history for all facilities located within the State of Texas and owned in whole or in part by applicants (as defined in Section 66-l42(k), "Environmental and Worker Safety Qualification"); . a copy orthe c,,'aluation of competing location:" a,; de,;cribed in Section 66 1 'II, ~ ,,~--~:'n'->t~nitjflHS,:' . inllJrl1latioll pertaining to the rca;on:, that the reqlle:;ted tax abatement is ,,---flBt'€y;a;-y-kHtlSHHJ~#Htt-tft€fWfll~05e(ji*Hject i:; built in City (i.e.. dO'-'lffil€R-tatioH :;upporting a,;,;ertion that "but for" a tax abatement, the :;tuted project could not be con:;trllcted in City): . copies of the immediately preceding quarterly report(s) filed with the Texas Workforce Commission, documenting the current number of permanent full- time employees, and full-time Contractor employees, if any, at the time the application is submitted; . financial and other information, as the City deems appropriate for evaluating the financial capacity and other factors of the applicant; - 9 - . certification prepared by City Tax Assessor-Collector stating that all tax accounts within City are paid on a current basis; . for a leased facility, the applicant shall provide with the application the name and address of the lessor and a draft copy of the proposed lease, or option contract. In the event a lease or option contract has already been executed with owner of site, the document must include a provision whereby abatement applicant may terminate such contract without penalty or loss of earnest money, in the event that City does not grant a tax abatement. (c) Upon receipt of a completed application, the City shall notify in writing and provide a copy of the application to the presiding officer of the governing body of each eligible taxing jurisdiction. (d) After receipt of an application for creation of a reinvestment zone and application for abatement, the City shall determine whether the application qualifies for a tax abatement under the terms of these guidelines and criteria. Such determination may be delegated to an employee or City department. If it is determined that an application qualifies for abatement, it shall be recommended to the City Council that the applicant be notified in writing that subject to a public hearing, if applicable, and approval ofa contract by City Council, the project qualifies for abatement. (e) The City shall not establish a reinvestment zone or enter into an abatement agreement if it finds that the request for the abatement was filed after the commencement of construction, alteration, or installation of improvements related to a proposed modernization, expansion or new facility. Property eligible for abatement includes only the new improvements that occur after the completion of an abatement agreement with City. Section 66-144. PUBLIC HEARING AND APPROVAL (a) The City Council may not adopt an ordinance designating a reinvestment zone for the purposes of considering approval of a tax abatement until it has held a public hearing at which interested persons are entitled to speak and present evidence for or against the designation. Notice of the hearing shall be clearly identified on the City Council agenda at least 10 days prior to the hearing. The presiding officers of eligible Jurisdictions shall be notified in writing at least 7 days prior to the hearing. (b) At the public hearing, interested persons shall be entitled to speak and present written materials for or against the approval of the proposed project or tax abatement agreement. (c) In order to enter into a tax abatement agreement, the City Council must find that the terms of the proposed agreement meet these Guidelines and Criteria and that: 1. there will be no substantial adverse effect on the provision of the jurisdictions' service or tax base; and - 10- 2. the planned use of the property will not constitute a hazard to public safety, health or morals. Any variance to these guidelines must be approved by a vote of at least three-fourths (3/4) ofthe City Council. Section 66-145. AGREEMENT After approval the City shall formally pass an ordinance and execute an agreement with the owner of the facility and lessee as required which shall include: (a) estimated value to be abated and the base year value; (b) percent of value to be abated each year as provided in Section 66-142 ("Abatement Authorized); (c) the commencement date and the termination date of abatement; (d) the proposed use of the facility; nature of construction, time schedule, survey, property description and improvement list; ( e) contractual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture, administration and assignment as provided in Section 66-142 ("Abatement Authorized"), Section 66-146 ("Recapture"), Section 66-147 ("Administration"), and Section 66-148 ("Assignment"), or other provisions that may be required for uniformity or by state law; (f) amount of investment, increase in assessed value and number of lob:; involved, as provided in Section 66-142 ("Abatement Authorized"); (6) a requirement that tIle applicant annually :;ubmit to 11(','\0 and City, a January employee count rielr the abatc(t--faBtl+tr-wtti€tt--~fre"pond:; to em~'lt-€ettRt:; reported in the facility':; Employer':; QW1I1erly Report to the Texa:; Workforce Commi,;sion for the quarter most recently eH,k'tt-aHa1"'Heaf~ar end. and a-SCI7afiHB-+tHtaRzed letter certifying the number of job:; create,! or retained a:; a direct rc:;ult of the abated improvement:; and the number of employee,; in other facilitie:; located within the City and the compliance ,,'.'ith the environmental and 'korker;afety fC(IHtfemeHts-iH.{h('-.ag"eenrent-li.}f~LIHt't'tc>El-iHg'€alendttf--J"\..>aF,-fef-a&-<.*-JamlafJLl7>.whHli-sstHH :;hall be w;ed to determine abatement eligibility for that year and ,;hall be ,;ubjeet to audit if reque,;ted by the governing body. Failure to :;ubmit will re:;ult in the ineligibility to receive an allatemcHt-fuF-tlntt-ycar; and requirement that the owner or lessee will (a) obtain and maintain all required permits and other authorizations from the United States Environmental Protection Agency and the TCEQ for the construction and operation of its facility and for the storage, transport and disposal of solid waste; and (b) seek a permit from the TCEQ for all grandfathered units on the site of the abated facility by filing with the TCEQ, within three years of receiving the abatement, a technically complete application for such a permit. - 11 - (-t}-~~AmHHHt~-t+f'-.itWe5tlrnffif-aHtl-tBtitl-permanent OIrrt*Elyee:; to be retained or created and-tHtaJ-~fl+t1- time equivalent job:; to be retained or created, (j) ,\ requirement that the company, on or before Februury I of cach year the tax ~;batement frgfecment i:; in effcct, providc the director a ,;worn :;tatement thut include:; a deline~:tion of the HH Hme~FtHafteltt-t'tnpJHyeoS,-€ontffi€t emp I 0) ce:;-atffi-tmft--tjlHe-e+HflJoyet,>s-Hf-1Jle~-am*i€aHt company a:; of the immediatel) preceding January I, who report to worl( in thc reil1\e:;tment zone at each :,ite eovcred by the agrcemenL A requirement that the company annually file the Form 111.28 with the appropriate County appraisal district to qualify for the abatement. ,iHi1 Limit the uses of the property consistent with the general purpose of encouraging development or redevelopment ofthe zone during the period that property tax exemptions are in effect. Contain each term agreed to by the owner of the property. Her! k i Require the owner of the property to certify annually to the governing body of each taxing unit that the owner is in compliance with each applicable term ofthe agreement. h'lii/Provide that the governing body of the municipality may cancel or modify the agreement if the property owner fails to comply with the agreement. Such agreement normally shall be executed within 60 days after the applicant has forwarded all necessary information and documentation to the City Section 66-146. RECAPTURE (a) If the facility is completed and begins producing product or service, but subsequently discontinues producing product or service for any reason for a period of 180 days during the abatement period, or one year in the event of natural disaster, then the agreement shall terminate and so shall the abatement of the taxes for the calendar year during which the facility no longer produces. The taxes otherwise abated for that calendar year shall be paid to the City within sixty (60) days from the date of termination. The company or individual shall notify the City in writing at the address stated in the agreement within ten (10) days from any discontinuation, stating the reason for the discontinuation and the projected length of the discontinuation. If the City determines that such requirement has not been complied with, the agreement may be terminated immediately and all taxes previously abated by virtue ofthe agreement may be recaptured and paid within sixty (60) days of the termination. (b) If the company or individual is in default according to the terms and conditions of its agreement, the company or individual shall notify the City in writing at the address stated in the agreement within ten (10) days from the default, and cure such default within sixty (60) days from the date of the default ("Cure Period"). If the City - 12 - determines that such requirement has not been complied with, the agreement may be terminated immediately and all taxes previously abated by virtue of the agreement may be recaptured, together with interest at 6% per annum calculated from the effective date of the agreement and paid within sixty (60) days of the termination. If the City does not receive full payment within said sixty (60) days, a penalty may be added, equal to 15% of the total amount abated. (c) If the company or individual allows its ad valorem taxes owed the City to become delinquent and fails to timely and properly follow the legal procedures for its protest and/or contest, the agreement then may be terminated, and all taxes previously abated by the agreement may be recaptured and paid within sixty (60) days of the termination, and penalties and interest may be assessed as set out in Section 66-146 ("Recapture") . Section 66-147. ADMINISTRATION (a) The Chief Appraiser ofthe County annually shall determine an assessment of the real and personal property comprising the reinvestment zone. Each year, the company or individual receiving abatement shall furnish the assessor with such information as may be necessary for the abatement. Once value has been established, the Chief Appraiser shall notify the affected jurisdictions, which levies taxes of the amount of the assessment. (b) The agreement shall stipulate that employees and/or designated representatives of the City will have access to the reinvestment zone during the term ofthe abatement to inspect the facility to determine if the terms and conditions of the agreement are being met. All inspections will be made only after giving twenty-four (24) hours prior notice and will only be conducted in such manner as to not unreasonably interfere with the construction and/or operation of the facility. All inspections will be made with one or more representatives of the company or individual and in accordance with the facility's safety standards. (c) Upon completion of construction, the City or the jurisdiction creating the reinvestment zone annually shall evaluate each facility receiving abatement to ensure compliance with the agreement and report possible violations to the contract and agreement to the City Council and the City Attorney and the affected jurisdictions which levy taxes. Section 66-148. ASSIGNMENT A tax abatement agreement may be assigned to a new owner or lessee of a facility with the written consent of the City Council, which consent shall not be unreasonably withheld. Any assignment shall provide that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor upon the same terms and conditions as set out in the agreement. Any assignment of a tax abatement agreement shall be to an entity that continues the same improvements or repairs to the property (except to the extent such improvements or repairs have been completed), and continues the same use of the facility as stated in the original Tax Abatement Agreement with - 13 - the initial applicant. No assignment shall be approved if the assignor or the assignee is indebted to the City for past due ad valorem taxes or other obligations. Section 66-149. SUNSET PROVISION (a) These Guidelines and Criteria are effective February It 2005, and will remain in force until Jamiary-o'~' at which time all tax abatement contracts created pursuant to these provisions will be reviewed by the City to determine whether the goals have been achieved. Based on that review, the Guidelines and Criteria will be modified, renewed, or eliminated. (b) This policy is mutually exclusive of existing Industrial District Contracts and owners of real property in areas deserving of special attention as agreed by the affected jurisdictions. Section 66-150. LIMITATIONS The adoption of the guidelines and criteria by the city council ofthe City of La Porte does not: (1) Limit the discretion of the city council of the City of La Porte to decide whether to enter into a specific tax abatement agreement; (2) Limit the discretion of the city council of the City of La Porte to delegate to its employees the authority to determine whether or not the governing body should consider a particular application or request for tax abatement; or (3) Create any property, contract, or other legal right in any person to have the city council of the City of La Porte consider or grant a specific application or request for tax abatement. Section 66-151. NONAPPLICABLE AREAS; EXCEPTION The city council of the City of La Porte hereby establishes the policy ofthe City of La Porte, that tax abatement agreement applications will not be accepted for areas within the any existing Industrial District or Tax Increment Reinvestment Zone of the City of La Porte or any Industrial District or Tax Increment Reinvestment Zone, which may be created. However, as to any portion of such areas which are not within the corporate limits of the City of La Porte, Harris County Commissioners Court may establish tax abatement agreements for the benefit of itself, and taxing units other than the City of La Porte having jurisdiction over said area. 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 - 14 - 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. PASSED AND APPORVED this Mill day ofFcbruary,~. CITY OF LA PORTE By: llt.;.<lslcv Alton E. Portcrfum:y Mayor ATTEST: Martha A. Gillett City Secretary APPROVED: Knox W. 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Q) c Q) o >- Q) c ...... o +- +- <( Q) ..c +- '+- o Q) u tj:: '+- o Vl Q) :.= (] Vl o >< Q) I- ...... o '+- Vl ~ o ---l +- C Q) E 0.. o Q) > Q) o u 'E o c o u UJ co o o N UJ U 0.::: => o V") 10 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 22.2010 Budeet 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: J~ra It{) Date Memo To: Mayor and City Council Debbie S. Wilmore, Chief Building Official Ron Bottoms, City Manager; John Joerns, Assistant City Manager; and Tim Tietjens, Director of Planning 1/29/2010 From: 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. Building Permit for 419 So. Shady Lane · The home was damaged by Hurricane Ike. The home sat on one lot while the detached garage was on a separate HCAD tract. The owner sold the garage property which created a "non-conforming use" due to its accessory nature without the "required primary house". Staff met with the new owner, discussed what had occurred and discussed how it could be resolved. The meeting was very productive. · That owner subsequently purchased the damaged house and combined both lots thru HCAD to eliminate any future problem We also performed a walk-thru inspection to assist the new owner on required repairs. He was very appreciative of the city's help in the identification/resolution ofthe matter as well as the walk-thru inspection. Upgrade of31 03 and 3105 Carlisle Sites · Both properties included non-conformities. Staff met with numerous potential buyers regarding upgrades and elimination of non-conformities. A closing was scheduled for mid-January and that buyer agreed to demolish a substandard garage and provide more land to the multi-family apartment site. In addition, he proposed to install landscaping, pave parking and install a dumpster enclosure. We also performed a walk-thru inspection to identifY needed building repairs. · It was a positive action for both the buyer and the city. Each party appreciated the time spent in outlining steps for bringing the properties closer to compliance.