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HomeMy WebLinkAbout2010-2-8 MINUTES OF REGULAR MEETING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL FEBRUARY 8, 2010 1. Call to order The meeting was called to order by Mayor Beasley at 6:00 p.m. Members of City Council Present: Mayor Barry Beasley, Councilmembers Louis Rigby, Tommy Moser, Daryl Leonard, John Black, Mike Mosteit, Mike Clausen and Chuck Engelken Members of Council Absent: None Members of City Executive Staff and City Employees Present: City Manager's Office: Ron Bottoms, John Joerns and Stacey Osborne Legal: Clark Askins City Secretary's Office: Martha Gillett and Robin Eldridge Public Works: Steve Gillett Planning: Tim Tietjens, Masood Malik and Isaac Rodriguez Police Department: Ken Adcox Finance: Michael Dolby Parks and Recreation: None Purchasing: Susan Cream Economic Development: Stacey Osborne Fire: None EOC: Jeff Suggs Municipal Court - Judge Mitrano Others Present: John Zemanek, Kathryn Aguilar, Adam Yanelli of the Bayshore Sun, David Janda, Phillip Hoot, Ted Powell, Mike Shannahan, Leighann Crawford, Trenton Brooks, John Duplis and other citizens. 2. The Invocation was not given by Father Gary Rickles of S1. Mary's Catholic Church due to his absence. Mayor Pro Tem Black led the Invocation 3. Mayor Pro Tem Black led the Pledge of Allegiance. 4. Presentations/Proclamations None presented. 5. Consent agenda - Any item may be removed by a Councilperson for discussion A. Council to consider approval or other action of minutes of Regular Meeting, Public Hearing and Workshop Meeting held on January 25,2010 - M. Gillett Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on February 8,2010 2 8. Council to consider approval or other action regarding an ordinance amending the City of La Porte 2009-2010 Fiscal Year Budget (Ord. 3217) - M. Dolby C. Council to consider approval or other action regarding an ordinance appointing a member to the Civil Service Commission to fill vacancy for term expiring August 2010 (Ord. 3218) - R. Bottoms D. Council to consider approval or other action regarding an ordinance changing the name of Forrest Avenue to North Forrest Avenue (Ord. 3219) - T. Tietjens E. Council to consider approval or other action regarding an ordinance authorizing an agreement between the City of La Porte and Port Auto Truck Stop, regarding truck traffic on a portion of North 8th Street (Ord. 3220) - T. Tietjens F. Council to consider approval or other action regarding an ordinance amending Chapter 70 "Traffic and Vehicles" of the Code of Ordinances by designating a portion of North 8th Street as a truck route (Ord. 3221) - T. Tietjens G. Council to consider approval or other action regarding the purchase of emergency equipment for new police vehicles - K. Adcox H. Council to consider approval or other action regarding an agreement with BAHEP to provide economic development service - S. Osborne I. Council to consider approval or other action regarding settlement agreement in the case of Debra Taylor vs. City of La Porte - C. Askins Council had questions on item H. Assistant City Attorney Clark Askins read the following agenda captions: Ordinance 3217 - AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARTION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Ordinance 3218 - AN ORDINANCE APPOINTING MEMBERS OF THE CIVIL SERVICE COMMISSION, PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Ordinance 3219 - AN ORDINANCE CHANGING THE NAME OF FORREST AVENUE TO NORTH FORREST AVENUE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on February 8,2010 3 Ordinance 3220 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND FINEFAIR, INC., A TEXAS BUSINESS CORPORATION, D/B/A PORT AUTO TRUCK STOP, REGARDING TRUCK TRAFFIC ON A PORTION OF NORTH 8TH STREET IN THE CITY OF LA PORTE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Ordinance 3221 - AN ORDINANCE AMENDING CHAPTER 70, "TRAFFIC AND VEHICLES", ARTICLE VI, "TRUCK ROUTES AND GROSS WEIGHT LIMITS" BY AMENDING SECTION 70-231, "DESIGNATION", BY ADDING NORTH 8TH STREET, FROM BARBOURS CUT BOULEVARD, TO A POINT 300 HUNDRED FEET NORTH OF THE NORTH RIGHT-OF-WAY LINE OF BARBOURS CUT BOULEVARD; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Leonard to approve the consent aoenda items A-G and I as presented. Second by Councilmember Engelken. Motion carried. Ayes: Engelken, Rigby, Moser, Black, Leonard, Mosteit, Clausen and Mayor Beasley Nays: None Abstain: None Absent: None Motion was made by Councilmember Enoelken to table item H on the consent aoenda and brino back to a future meetino. Second by Councilmember Black. Motion carried. Ayes: Engelken, Rigby, Moser, Black, Leonard, Mosteit, Clausen and Mayor Beasley Nays: None Abstain: None Absent: None 6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council on any item posted on the agenda (Limited to five minutes) Kathryn Aguilar - 3119 Fondren - Ms. Aguilar informed the Council she does not agree with tax abatements. She also advised the Council she would like to see restrooms at the Town Plaza and Sylvan Beach areas. Ted Powell-1700 Roscoe - Mr. Powell informed the Council he is opposed to item Hand tax abatements. He advised Council that "white papers" need to be included in the review of this item. Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on February 8,2010 4 Phillip Hoot - 927 Sea breeze - Mr. Hoot advised the Council he does not like the increased size of the agenda and noted he does not feel this allows the public to comment on items before they are voted on. He further noted he is opposed to spending any more funds on wireless projects. He informed Council he is against "big box retail". Lastly, he advised the Council he is opposed to tax abatements. John Zemanek - 3805 Oakwilde Circle - Mr. Zemanek raised questions on tax abatements, 380 agreements, rail spurs and five points. John Duplis - 511 S. 6th - Mr. Duplis informed the Council he would like them to consider all types of businesses when considering tax abatements. Mike Shannahan - 200 S. Virginia - Mr. Shannahan addressed the Council regarding documentation of vendors. Note - some of these comments were made during the workshop section of the meeting. 7. Council to consider approval or other action regarding an ordinance declaring the results of the City of La Porte Special Election held on January 30, 2010, for At-Large Position A, and establishing dates and times for February 27,2010 Run-Off election, and Early Voting for same (Ord. 3222) - Mayor Beasley Mayor Beasley presented summary and recommendation and answered Councils' questions. Assistant City Attorney Clark Askins read Ordinance 3222, AN ORDINANCE DECLARING THE RESULTS FO A SPECIAL ELECTION HELD IN THE CITY OF LA PORTE ON JANUARY 30, 2010, FOR THE ELECTION OF A COUNCILPERSON AT-LARGE POSITION A; PROVIDING DATES AND HOURS FOR RUN-OFF ELECTION, AND EARLY VOTING FOR SAME, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Moser to approve Ordinance 3222 as presented by Mayor Beasley. Second by Councilmember Mostei!. Motion carried. Ayes: Leonard, Engelken, Black, Moser, Rigby, Mosteit, Clausen and Beasley Nays: None Abstain: None Absent: None 8. Council to consider approval or other action regarding DIR contract for wireless and camera services - J. Suggs Emergency Management Coordinator Jeff Suggs presented summary and recommendation and answered Councils' questions. Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on February 8,2010 5 Motion was made by Councilmember RiQby to table DIR contract for wireless and camera services as presented by Mr. SUQQs. Second by Councilmember Moser. Motion carried. Ayes: Engelken, Black, Mosteit, Clausen, Leonard, Moser, Rigby and Beasley Nays: None Abstain: None Absent: None 9. Close Regular Meeting and open Workshop Meeting. Mayor Beasley closed Regular Meeting and opened Workshop Meeting at 6:45 p.m. A. Discuss Certificate of Obligation for Drainage Projects - R. Bottoms City Manager Ron Bottoms discussed Certificate of Obligation for Drainage Projects. Staff was directed to move forward with this item. B. Discuss inclusion of statement concerning documented workers in City solicitations - S. Cream Purchasing Manager Susan Cream discussed inclusion of statement concerning documented workers in City solicitations. Staff was directed to move forward and look at any other laws that need to be included in the future. C. Discuss Tax Abatements Economic DevelopmenUMain Street Coordinator discussed Tax Abatements. Staff was directed to move forward with tax abatements and consider all levels of abatements for small and large businesses. 10. Close Workshop Meeting and reconvene Regular Meeting Mayor Beasley closed Workshop Meeting and reconvened Regular Meeting at 8:12 p.m. 11. Receive Drainage Report from City Staff - S. Gillett Public Works Director Steve Gillett provided the monthly Drainage Report. Mr. Gillett also reported the next Drainage Meeting will be held on February 16, 2010 at 6:00 p.m. 12. Receive Report from Fiscal Affairs Committee Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on February 8,2010 6 Chairman Engelken provided a report from the Fiscal Affairs Committee. 13. 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 15, 2010 - Records Management Day February 15, 2010 - Commissioner Sylvia R. Garcia - Annual "Swing Thing" - Timber Creek Golf Club - Friendswood February 18, 2010 - Harris County Mayor and Council Association Meeting/Dinner - Kim Son Restaurant - 2001 Jefferson - 6:30 p.m. February 22, 2010 - City Council Meeting - 6:00 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 27, 2010 - Run-Off Election - 7:00 a.m. - 7:00 p.m. - La Porte City Hall and Baker Sixth Grade Campus 14. Council Comments: Engelken, Mosteit, 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 15. Executive Session - pursuant to provision of the Open Meeting Law, Chapter 551 , Texas Government Code, Sections 551.071 through 551.076, 551.087 (consultation with attorney, deliberation regarding real property, deliberation regarding prospective gift or donation personnel matters, deliberation regarding security devices, or excluding a witness during examination of another witness in an investigation , deliberation regarding economic development negotiations) A. 551.074 (Personnel Matter) Evaluation of Municipal Court Judge Denise Mitrano Council retired to Executive Session at 8:32 p.m. Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on February 8, 2010 7 Council returned to the table at 9:00 p.m. and reconvened the Regular Meeting. 16. Consider approval and possible action on items considered in Executive Session. There was no action taken. 17. Adjournment Being no further business, the meeting was duly adjourned at 9:01 p.m. Respectfully submitted, Lf(! &/Ita Jk1t;r Martha Gillett, TRMC, CMC City Secretary /_Passed ~D~proved on this 22nd day of February 2010. ~F\'::7/ May~arry 87Y B Agenda Date Requested: February 8, 2010 REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: Michael Dolby, CPA Department: Finance Report: Ordinance: xx Resolution: Exhibits: Ordinance Budgeted Item: YES NO Exhibits: Excerpt from FY 2010 Adopted Budget & Amended Budget (Exhibit A & B) Source of Funds: N/A Appropriation Account Number: N/A Amount Budgeted: N/ A Amount Requested: N/A Exhibits: Explanations / Backup for Amendment SUMMARY & RECOMMENDATION The City Council adopted the Fiscal Year 2009-10 Budget on September 21,2009. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2009-10 Budget. (*denotes funds with current changes) General Fund Grant Fund Street Maintenance Sales Tax Fund Community Investment Hotel/Motel Occupancy Tax La Porte Development Corporation Tax Increment Reinvestment Zone Utility Sylvan Beach Airport La Porte Area Water Authority Golf Course Motor Pool Insurance Fund Technology Fund General Capital Improvement Utility Capital Improvement Sewer Rehabilitation Capital Improvement Drainage Improvement Fund 1998 General Obligation Bond Fund 2000 General Obligation Bond Fund 2002 General Obligation Bond Fund 2004 Certificate of Obligation Bond Fund 2005 Certificate of Obligation Bond Fund 2005 General Obligation Bond Fund 2006 Certificate of Obligation Bond Fund 2006 General Obligation Bond Fund 2007 Certificate of Obligation Bond Fund 2009 Certificates of Obligation Bond Fund Transportation & Other Infrastructure Fund General Debt Service Utility Debt Service La Porte Area Water Authority Debt Service Total of All Funds Previously Original Budget Amended Budget $ 32,894,465 2,160,353 700,000 344,700 977,522 1,910,464 1,413,966 7,740,176 3,500 22,368 974,545 1,360,393 1,969,367 4,497,908 1,184,405 2,255,100 105,000 350,000 169,000 o o o 376,570 256,503 16,219 966,497 o 1,125,492 9,600,000 504,000 4,076,755 326,314 740,456 $ 79,022,038 $ 33,014,784 2,234,792 700,000 433,771 1,003,281 1,912,674 1,413,966 7,743,711 3,500 22,368 974,545 1,364,643 1,969,367 4,497,908 1,221,111 2,255,100 257,000 408,168 169,000 o o o 376,570 256,503 16,219 966,497 o 1,125,492 9,600,000 504,000 4,076,755 326,314 740,456 $ 79,588,495 Proposed Amended Budget $ 33,014,784 2,234,792 700,000 433,771 1,003,281 1,912,674 1,413,966 7,743,711 3,500 22,368 974,545 1,364,643 1,969,367 4,497,908 1,221, III 2,260,100 * 257,000 408,168 169,000 o o o 376,570 256,503 16,219 966,497 o 1,125,492 9,600,000 504,000 4,076,755 326,314 740,456 $ 79,593,495 Action Required bv Council: Adopt Ordinance Amending Fiscal Year 2009-10 Budget in the General CIP Fund for $5,000 for a joint venture with the Glean Meadows Homeowner's Association. o!/~ Date ORDINANCE NO. 2010- -5 2 17 AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1,2009 THROUGH SEPTEMBER 30, 2010; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1, 2009, through September 30, 2010, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on July 24, 2009, and a public hearing scheduled for September 21, 2009 was duly advertised and held. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and a summary of which is attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget summary document, attached hereto by reference as Exhibit "B", as the Budget for the said City of La Porte, Texas, for the period of October 1, 2009, through September 30,2010. SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and necessary to the adoption of said Budget have been performed as required by charter or statute. SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 4: This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this the lrft- day of , 2010. ATTEST: '-1!l(t(~ art a Gillett, City Secretary APPZ: ~~r~ rk Askins, Assistant City Attorney EXHIBIT A (ORIGINAL BUDGET) City of La Porte Consolidated Summary of All Funds FY 09-10 FY 09-10 Revenues Expenses Governmental Fund Types: General Fund 32,894,465 32,894,465 Grant Fund 1,995,712 2,160,353 Street Maintenance Sales Tax 726,845 700,000 Community Investment 231,361 344,700 Hotel/Motel Occupancy Tax 495,100 977 ,522 Section 4B Sales Tax 1,476,490 1,910,464 Tax Increment Reinvestment 1,403,304 1,413,966 Total Governmental Types 39,223,277 40,401,470 Enterprise: Utility 8,288,732 7,740,176 Sylvan Beach 3,500 Airport 51,875 22,368 La Porte Area Water Authority 1,227,771 974,545 Golf Course 1,171,150 1,360,393 Total Enterprise 10,739,528 10, I 00,982 Internal Service Motor Pool 2,218,600 1,969,367 Insurance Fund 4,214,727 4,497,908 Technology Fund 1,191,597 1,184,405 Total Internal Service 7,624,924 7,651,680 Capital Improvement: General 1,525,000 2,255,100 Utility 592,500 105,000 Sewer Rehabilitation 30 I ,600 350,000 Drainage Improvement Fund 290,500 169,000 2004 C/O Bond Fund 376,570 2005 C/O Bond Fund 256,503 2005 GO Bond Fund 16,219 2006 C/O Bond Fund 966,497 2007 C/O Bond Fund 1,125,492 2009 C/O Bond Fund 9,631,481 9,600,000 Other Infrastructure 10,600 504,000 Total Capital Improvement 12,351,681 15,724,381 Debt Service: General 4,089,272 4,076,755 Utility 321,596 326,314 La Porte Area Water Authority 740,456 740,456 Total Debt Service 5,151,324 5,143,525 Total All Funds 75,090,734 79,022,038 EXHIBIT B (AMENDED BUDGET) City of La Porte Consolidated Summary of All Funds FY 09-10 FY 09-10 Revenues Expenses Governmental Fund Types: General Fund 32,894,465 33,014,784 Grant Fund 1,996,562 2,234,792 Street Maintenance Sales Tax 726,845 700,000 Community Investment 231,361 433,771 HotellMotel Occupancy Tax 495,100 1,003,281 Section 4B Sales Tax 1,476,490 1,912,674 Tax Increment Reinvestment 1,403,304 1,413,966 Total Governmental Types 39,224,127 40,713,268 Enterprise: Utility 8,288,732 7,743,711 Sylvan Beach 3,500 Airport 51,875 22,368 La Porte Area Water Authority 1,227,771 974,545 Golf Course 1,171,150 1,364,643 Total Enterprise 10,739,528 10,108,767 Internal Service Motor Pool 2,218,600 1,969,367 Insurance Fund 4,214,727 4,497,908 Technology Fund 1,191,597 1,221,111 Total Internal Service 7,624,924 7,688,386 Capital Improvement: General 1,530,000 2,260,100 Utility 592,500 257,000 Sewer Rehabilitation 301,600 408,168 Drainage Improvement Fund 290,500 169,000 2004 C/O Bond Fund 376,570 2005 C/O Bond Fund 256,503 2005 GO Bond Fund 16,219 2006 C/O Bond Fund 966,497 2007 C/O Bond Fund 1,125,492 2009 C/O Bond Fund 9,631,481 9,600,000 Other Infrastructure 10,600 504,000 Total Capital Improvement 12,356,681 15,939,549 Debt Service: General 4,089,272 4,076,755 Utility 321,596 326,314 La Porte Area Water Authority 740,456 740,456 Total Debt Service 5,151,324 5,143,525 Total All Funds 75,096,584 79,593,495 c ---. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 8. 2010 Bude:et Requested By: Ron Bottoms Source of Funds: Department: Administration Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Letter to Mayor and Council Amount Requested: Exhibits: Ordinance Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION With the resignation of Michael A. Garcia, the Civil Service Commission has a vacancy, which will expire August 31, 2010. Ms. Debra Gallington, a resident of La Porte, has served on the Main Street Advisory Board, has volunteered for various city events, and is a local attorney. She would like to continue her service to the City and serve with the Civil Service Commission. Action Reauired bv Council: Consider confirming appointment of Debra 1. Gallington to the Civil Service Commission to fill the vacant position with term expiring on August 31, 2010. 1/,17 I~ Date City of La Porte Established 1892 February 8, 2010 Honorable Mayor and Council City of La Porte City Hall La Porte, Texas I hereby appoint Debra L. Gallington as a member of the Civil Service Commission of the City of La Porte, filling the vacant position held by Michael Garcia. The term of this position will expire gust 31, 2010. Ms. Gallington will serve until the term expires or until her successor has een uly appointed and qualified. Ron Bottoms City Manager RB/ml 604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020 ORDINANCE NO. 32 J 8 AN ORDINANCE APPOINTING MEMBERS OF THE CIVIL SERVICE COMMISSION, PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby ratifies and confirms the appointment by the City Manager, of Debra L. Gallington, as a Member of the Civil Service Commission of the City of La Porte, for a term expiring on August 31, 2010, or until her successor shall have been duly appointed and qualified. Section 2. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part hereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 3. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. Section 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 8th day of February, 2010. ATTEST: VfllM/ltd- It LtM Martha A. Gillett City Secretary 'l: C rk T. Askins Assistant City Attorney CITY OF LA PORTE By: D REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 8. 2010 Bude:et Source of Funds: N/A Requested By: Tim Tietjens Department: Planning Account Number: Report: X Resolution: Ordinance: X Amount Budgeted: Ordinance Amount Requested: Exhibits: Exhibits: Support Letter Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Forrest Avenue in La Porte, located between South Broadway and Galveston Bay, shares a similar name with Forest Street, which is located within the City of Shoreacres, This similarity has caused problems with emergency services being dispatched to the wrong location, as well as, confusion with mail and service delivery. To help avoid confusion caused by the similarity of name, staff is proposing that Forrest Avenue in La Porte be changed to North Forrest Avenue. Likewise, Forest Street in Shoreacres is intended to be changed to South Forest Street. On January 22, 2010, a letter (attached) was received with signatures from 23 residents of Forrest Avenue, supporting a name change to North Forrest Avenue. On January 25, 2010, Council conducted a workshop on the matter. Coordinating a unified effort for La Porte and Shoreacres would mitigate future confusion. The Planning Department recommends adopting an ordinance changing the street names and filing documentation with the Harris County Clerk's Office. .) Iv /to Date ORDINANCE NO. 2010- 321 CJ AN ORDINANCE CHANGING THE NAME OF FORREST AVENUE TO NORTH FORREST AVENUE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The name of Forrest Avenue is hereby changed to North Forrest Avenue. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the SUbject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 8th day of February, 2010. By: ~ ry B asley Mayor ATTEST: '-tlltldla-(}. H.iLI/ ar ha A. Gilfett City Secretary AP~ ;;~ Clark T. Askins Assistant City Attorney fRoM,: VVlLKE, DL:,/EfA-NO , ~~J~~~~2~IO~~Tr VI") J r E T:JEtJS By ~ 1 SUPPORT LETTER /(0) IE @ IE a r!lIE!iiJ Wi JAN 2 2 2010 m By ::::- ---::::::::-- My signature is to show my support for the Forrest Ave name change to North Forrest Ave. There is currently a recommendation on the table to make a North Forrest Ave (La Porte) And a South Forest Ave (Shoreacres).This will help eliminate the confusion of two streets with the same name. NAME ADDRESS _.&d.~~_____2LLaLJ.::.(l~_L.dr.L_e...._7..7~'7/ __(j._ r.L' L . !!..~ _..J~_~____LQ..8__fQ~LO&~L&>_L__IL;?:'?J __ _____-'2-2LfD-tYefil--!1lc_~_______tJ_1Q'1J _~€~-----~~- _____--_____________~~___~(!:~~:L__~~:________JC~~:z~-- -IF-~'i.-A:.. _fu:ciL_____.1Ql:-_1iL/d1t_AY..~______2~Z$..3..1__ ~-'_-!dt2--;;.J..~(?6.tl--.2~?i.-- ;-lA..~~1SO'~l.&~yJf.._____________~:J..____E~Li..l::d__.l~___~]_l_5..~?._(__ l:Cdi}._g0;.~_____------j)3--Jj~:..'!t_--1:~__________.??!".7i___ l1{{jjl!_~f___{!c__~Ja.~4::..______?!..~_c.~(f:~~!..!:.!!.f:::.~___._Z.1..r:_?.C_______ __~~-~~------_-_------3.3.?--f.Q.e.g~5.L-e;i.li-----22-~?L------ ___J_ _ _ -_~~------5..Q-1~--[JL~tL---J..7.'i:.1L t. ----~----!:.5---r;;L!:l~-"'------11f1:L- -~-ll~~--~Q.J~~:~----L2J~:..1-1 6r~ (\\\c-~C\'" ~03 r'(;)(r~).1 Ne. lID 1 ( Eric CrawfOrd ~3 rorre,s( Ave /15'7) ---------~-------------"-~------------------------------------------"----------------------- NAME ADDRESS ~~J2Q~1~~~1__~_~?;_J?f:ls~S:c--b!..~--------:J-:r--2:1-1---- J.iljJ.{~".S'IDhl1~J.~_:L:f.9-~~~~:"~-"_:l~~JJ._""" l~~S~ll~.L9-~_~f..':~~-"--_'J~~~!L__"" ~!21~~~~SJ:l____~~et!L~~------;tl---1~J@~~~S_1_-jQL~-_-------_____~_j_~_~J_______ b._J1:."Y..f!:;X-JCf:.9:..__f25B-.L~-_~L&B.{!5....i.L--~,,-----------7.-7..s::.2.J..------- G I. .- Q~ 4 '^ oJ I\ k J') l'" f: ~ ~ \fi -tffr't:.rrf ___l!S~~~---t~~U!J~'QlJf~b.--4Jj- _~__~~~_~),_..t:S.__~___LJ~+~_________ -1',,~,~\.U- K~~J \(J~ ~(~\-~" 11~1\ :~7.~Ti1~~~~~~~-;;;'~f!J.~~~~~~~~~~7' _______~__~______________________M____________________-------------------------------------- ________________________________________________________N___________________________________ ______________________________________________________________________________M.M___________ ______________________________________~M_______~___________~"____~__________________________ ___________________________________________w____________M____~______________________________ -------------------------------------------------------------------------------------------- -------------------------------~--------------------------------------------"--------------- -----~-~----------------------------------~------------------~------------------------------ ______w___________________________________________________________M_________________________ ---------------------~--------------------------------------------_.----~------------------- -~-----------------------------------"----~------~-----------------------------~------------ E -- REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: Februarv 08. 2010 Source of Funds: NA Requested By: Tim Tietiens Account Number: NA Department: Planninl! Amount Budgeted: NA Report: _Resolution: _Ordinance:_X_ Exhibits: Ordinance Agreement SUMMARY Mr. Nazar Momin, owner of Port Auto Truck Stop, located at 904 W. Barbour's Cut Blvd., has made application for a driveway along North 8th Street. However, the current roadway section was not built to City's specifications and is not capable of handling heavy truck traffic. The proposed agreement includes a designation of a portion of North 8th Street as a truck route until such time that traffic congestion volumes at the intersection of North 8th and Barbour's Cut Blvd. become unacceptable. In addition, a curb cut into North 8th Street would be permitted. In exchange, the owner(s) shall be responsible for the North 8th Street roadway maintenance through the duration of the agreement. Action Required bv Council: Consider approving an ordinance authorizing an agreement between the City of La Porte and P uto Truck Stop, regarding truck traffic on a portion of North 8th Street. Council A enda d /" to Date ORDINANCE NO. 2010- 322() AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND FINEFAIR, INC., A TEXAS BUSINESS CORPORATION, D/B/A PORT AUTO TRUCK STOP, REGARDING TRUCK TRAFFIC ON A PORTION OF NORTH 8TH STREET IN THE CITY OF LA PORTE, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The city Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the city Secretary. The city Manager is hereby authorized to execute such document and all related documents on behalf of the city of La Porte. The city Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the sUbject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 8th day of February, 2010. By: ATTEST: ~.~i~ City Secretary APPROVED: ~-r~ Clark T. Askins Assistant City Attorney 2 AGREEMENT STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ This Agreement made and entered into by and between the CITY OF LA PORTE, a municipal corporation, 604 West Fairmont Parkway, La Porte, Harris County, Texas, 77571, hereinafter referred to as "CITY", and FINEFAIR INC. a Texas business corporation, d/b/a PORT AUTO TRUCK STOP, P.O. Box 806, La Porte, Harris County, Texas, 77572-0806, hereinafter referred to as "PORT", WITNESSETH: 1. PORT is the owner of the real property at 904 West Barbours Cut Boulevard, in the City of La Porte, Harris County, Texas, on which it operates the business known as Port Auto Truck Stop. PORT has requested the City to open that portion of North 8th Street, from the north right-of-way line of Barbours Cut Boulevard, and extending north 300 hundred feet, as a designated truck route, and allow PORT to construct a curb cut to its property, on the west side of the designated North 8th Street right-of-way, adjacent to PORT's property. 2. CITY has advised PORT that this portion of North 8th Street has not been designed, built, or maintained for truck traffic, and that truck traffic is likely to cause future maintenance requirements for said portion of North 8th Street, if open to truck traffic. 3. CITY has further advised PORT that opening of said portion of North 8th Street to truck traffic, may cause unacceptable traffic congestion problems at the intersection of North 8th Street and Barbours Cut Boulevard, requiring CITY, in its sole and absolute discretion, to hereafter terminate its designation of said portion of North 8th street as a designated truck route, and further, requiring CITY to terminate its curb cut authorization to PORT, on said portion of North 8th Street. 4. For and in consideration of the premises, and the mutual covenants herein contained, the parties agree as follows: 5. CITY agrees to designate that portion of North 8th Street, extending from the north right-of-way line of Barbours Cut Boulevard, to a point 300 hundred feet north of the north right-of- way line of Barbours Cut Boulevard, as a designated truck route. CITY further agrees to issue a curb cut permit to PORT, for a curb cut adjacent to PORT's property, on said portion of North 8th Street, subject to PORT's ability to satisfy all permit application prerequisites, including paYment of applicable fees. 6. PORT agrees that it shall be solely responsible for the maintenance of the curb cut, including drainage tiles to be placed under the curb cut, all to CITY specifications, and further, PORT agrees to be solely responsible for the maintenance, including paYment of all costs associated therewith, of said portion of North 8th Street, as required by CITY, and to CITY's specifications, to sustain truck traffic, for the duration of this agreement. In the event that property owners or lessees of properties abutting said portion of North 8th Street, request access to said portion of North 8th Street, for truck traffic, CITY agrees that such property owners or lessees shall be required to execute an agreement, in form similar to this agreement, and that this agreement shall be amended, for shared responsibility for maintenance, among all of the users of said portion of North 8th Street, for truck traffic, as specified in this agreement. 2 7. This agreement shall be effective for an initial ten year term, commencing on the 1st day of February, 2010, and terminating on the 31st day of January, 2020, and shall automatically renew for successive one year terms thereafter; provided, however, either party hereto may cancel this agreement upon ninety (90) days written notice to the other party hereto, at any time after the expiration of the first year of the initial ten year term, on February 1, 2011. Upon cancellation of this agreement, CITY shall repeal its designation of said portion of North 8th Street, as a designated truck route, and CITY shall cancel and withdraw its curb cut permit to PORT, at which time PORT agrees to remove the curb cut, and fence the property at the location of the curb cut. WITNESS OUR HANDS, this the 8th By: {l~l/4L1/1 Ci Y Secretary By: FINEFAIR INC. a Texas business corporation d/b/a PORT AUTO TRUCK STOP #~' Akbarali K. Momin vice President 3 F REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 08. 2010 Source of Funds: NA Requested By: Tim Tietiens Account Number: NA Department: Planninl! Amount Budgeted: NA Report: _Resolution: _Ordinance:_X_ Exhibits: Ordinance amending truck routes Truck Route Map SUMMARY City Council directed staff to review the feasibility of adding a portion of North 8th Street to the truck routes to assist the owner(s) of Port Auto Truck Stop. At the January 25, 2010, City Council workshop meeting, staff gave a presentation on the existing provisions and possible addition of North 8th Street portion to the list of truck routes in fulfillment of the terms of a proposed agreement with said owner(s). Regulations such as designation and listing of truck routes are delineated in the Traffic and Vehicles Ordinance (Chapter 70 of the Code of Ordinances) enforced by the Police Department. An ordinance for the proposed amendment to Chapter 70, with an addition to the truck route along a portion of North 8th Street is attached herewith. Action Required bv Council: Consider approving an ordinance amending Code of Ordinances Section 70-231 by adding North 8th Street, from Barbour's Cut Boulevard, to a point 300 feet north of the north right- of- way lin Barbour's Cut Boulevard. Council A enda Ron Bottoms, City Manager .lIt( )0 Date ORDINANCE NO. 2010- ~~, AN ORDINANCE AMENDING CHAPTER 70, RTRAFFIC AND VEHICLESR, ARTICLE VI, RTRUCK ROUTES AND GROSS WEIGHT LIMITSR BY AMENDING SECTION 70- 231, RDESIGNATIONR, BY ADDING NORTH 8TH STREET, FROM BARBOURS CUT BOULEVARD, TO A POINT 300 HUNDRED FEET NORTH OF THE NORTH RIGHT-OF- WAY LINE OF BARBOURS CUT BOULEVARD, PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS, CONTAINING A REPEALING CLAUSE, CONTAINING A SEVERABILITY CLAUSE, PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF, 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. Chapter 70, "Traffic and Vehicles", Article VI, "Truck Routes and Gross Weight Limits", Section 70-231, "Designation", is hereby amended by adding thereto, the following route, to-wit: "Sec. 70-231. Designation. Route Exten t North 8th Street Barbours Cut Boulevard to a point 300 feet north of the north right-of-way line of Barbours Cut Boulevard" section 70-231, "Designation", as hereby amended, shall remain in full force and effect. Section 2. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Five Hundred Dollars ($500.00). Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict only. Section 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 5. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice to the passage of the ordinance by causing the caption to be published in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of the ordinance. PASSED AND APPROVED, this 8th day of February, 2010. By: 2 ATTEST: t-fIlWd r/t{.tI/ a tha A. Gi lett city Secretary AP~ -;;~ Cl rk T. Askins Assistant City Attorney 3 DIVISION 2. TRUCK ROUTES Sec. 70-231. Designation. For the purposes of this division, those streets and thoroughfares within the corporate limits of the city which are enumerated as follows are hereby designated as truck routes: TABLE INSET: Route Extent State Highway 225 Entire extent within corporate limits New State Highway Entire extent within corporate limits 146 Barbours Cut New State Highway 146 east to corporate limits Boulevard 16th Street Barbours Cut Boulevard south to Fairmont Parkway Fairmont Parkway New State Highway 146 to west corporate limits West Main Street New State Highway 146 to west corporate limits North 23rd Street North Avenue C to West Main Street Underwood Road Entire extent within corporate limits Powell Road (S. 16th Fairmont Parkway south to 1700 block of Powell Road Street) Export Drive From South 16th Street To State Highway 146 South 16th Street From south of Export Drive to Wharton Weems Blvd. and McCabe Road connecting with State Highway 146. North Broadway From north of Barbour's Cut Blvd. To North 'L' Street. North 'L' Street From west of North Broadway To North 6th Street North'J' Street From North 6th Street To west connecting with State Highway 146. North E Street From North 16th Street to eastern ROW ofU.P.R.R. North 8th Street From Barbour's Cut Blvd. to a point 300 feet north of the north right-of-way line of Barbour's Cut Blvd. (Code 1970, S 25-81; Ord. No. 1792, S 1(25-81), 10-28-91; Ord. No. 97-2172, S 1,4-14-97) Sec. 70-232. Use required generally. No person shall operate a truck, truck tractor, semitrailer or container_upon any roads, avenues, streets or thoroughfares within the corporate limits of the city except on those which are designated as truck routes in section 70-231, and subject to the gross weight limits established by division 3 of this article. Neither shall any person operate a heavy truck travelling through the city, with no origin or destination within the city, except on limited access state highways, i.e. State Highway 225 and State Highway 146. c.. <C :E w .... :J o 0:: ~ o :J 0:: .... ....I <C - o - LL LL o ~ r' W I .... I 0:: o c.. <C ....I LL _ I' O .~ , > .... - o /" c ~ ....lI.Jl.1Ii t~ 7' li! l5 ~ ~ Q;... ': ",."",'"","'.,'< Z' .'<( ~ ~~ D:: :e < \, ..-r-" i I =- ......... "'0 Q) ...... U ::J .... ...... en c: 0 u c: Q) Q) ...... .c ::J -! 0 Q) a::: - Q) ::J 0 ...... 0 ::J 0:: Cl 0 .... a::: ~ m u .$ U ~ ::J U .... ::J en ::J ~ I- 0 ::J .... i a::: 0 l- E "'0 ~ ~ ~ .... ::J u m ::J a. ::J N ...... >- 0 "C .= m ::J :t: .... - c: I LL U 0... Q) I . I . en . Q) . . -J . . I ---_.,~ REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 8, 20 10 Budeet Requested By: Ron Bottoms Source of Funds: Department: Administration Account Number: Report: Resolution: Ordinance: Amount Budgeted: Settlement Agreement Amount Requested: Exhibits: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Attached is the settlement agreement with Debra Taylor that we've previously discussed in executive session. .t/s~ Date CAUSE NO. 932-726 DEBRA TAYLOR d/b/a ~ IN COUNTY COURT OF SAM & DAVE'S, ~ S Plaintiff, S S v. S AT LAW NO. I S S THE CITY OF LA PORTE, S TEXAS S Defendant. S HARRIS COUNTY, TEXAS Settlement Aereement Plaintiff Debra Taylor and Defendant City of La Porte, Texas (collectively "parties") hereto agree that this lawsuit and all claims and controversies between them are hereby settled in accordance with the following terms of this Settlement Agreement: I) The parties acknowledge that bona fide disputes and controversies exist between them, both as to liability and the amount thereof, if any, and by reason of such disputes and controversies they desire to compromise and settle all claims and causes of action of any kind whatsoever which the parties have or may have arising out of the transaction or occurrence which is the subject of this litigation. It is further understood and agreed that this is a compromise of a disputed claim, and nothing contained herein shall be construed as an admission of liability by any party, all such liability being expressly denied. 2) Each signatory hereby warrants and represents that: a) Such person has authority to bind the party or parties for who such person acts. SETTLEMENT AGREEMENT BETWEEN DEBRA TAYLOR AND LA PORTE - PAGE 1 b) The claims, suits, rights, and/or interests which are the subject matter hereto are owned by the party asserting same, have not been assigned, transferred or sold, and are free of any encumbrance. 3) The consideration to be given for this settlement is as follows: a) Debra Taylor and the Evetts Law Firm shall receive the total sum of $16,000.00 U.S. Dollars, for payment of attorneys' fees. Payment of said amount shall take place on February 9, 2010, after the approval of this settlement agreement by the La Porte City Council, which sum will be paid by the following parties in the amounts stated: By the City of La Porte, Texas to Debra Taylor for $6,000 (for fees she has already paid to her attorneys) and to the Evetts Law Firm, for $10,000 (Taylor's outstanding attorneys' fees). b) The City of La Porte agrees to a permanent injunction that precludes the City of La Porte from enacting any ordinance or enforcing any ordinance which constitutes an outright ban on any amusement redemption machine. c) Debra Taylor agrees she will not file a lawsuit, or otherwise pursue a legal challenge in a court of law, to the City of La Porte's ordinances providing for collection of yearly registration fees on coin-operated machines, as currently established in Chapter 10 of the CITY OF LA PORTE CODE OF ORDINANCES, to the extent the amount of the fees collected per machine on an annual basis, is for the purpose to offset the administrative cost of processing all applications for the display, and payment of occupational tax on, coin- operated machines, and not for the purpose of raising revenue. 4) The above-styled and numbered case shall be resolved by: a) An agreed order of dismissal with prejudice with costs taxed to the party incurring the same. SETTLEMENT AGREEMENT BETWEEN DEBRATAYLORANDLAPORTE-PAGE2 5) The parties hereby agree to release, discharge, and forever hold the other harmless from any and all claims, demand, or suits, known or unknown, fixed or contingent, liquidated or unliquidated, whether or not asserted in the above case, as of this date, arising from or related to the events and transactions which are the subject matter of this cause. 6) Other terms of this settlement are: a) This settlement pertains only to legal claims brought by Debra Taylor against the City of La Porte, Texas, in the above styled and numbered cause. b) The City of La Porte reserves the right to amend any and all ordinances regulating coin- operated machines, to the extent such amendments are not inconsistent with state law. c) Counsel for the City of La Porte will present this formal settlement agreement to the La Porte City Council for formal consideration on February 8, 2010. 7) Counsel for the City of La Porte shall deliver drafts of any further documents to be executed in connection with this settlement to counsel for the other parties hereto within 7 days from the date hereof. The parties and their counsel agree to cooperate with each other in the drafting and executing of such additional documents as are reasonably requested or required to implement the provisions and spirit of this Settlement Agreement, but notwithstanding such additional documents the parties confirm that this is a written settlement agreement as contemplated by Section 154.071 of the Texas Civil Practice and Remedies Code. 8) The Agreement is made and performable in Harris County, Texas and shall be construed in accordance with laws of the State of Texas. 9) If one or more disputes arise with regard to the interpretation and or/performance of this Agreement or any of its provisions, the parties agree to attempt to resolve same with J. Marcus Hill, the Mediator who facilitated the mediation. If the parties cannot resolve their SETTLEMENT AGREEMENT BETWEEN DEBRATAYLORANDLAPORTE-PAGE3 differences by telephone conference, then the parties agree to schedule one day of mediation with him as soon as possible to resolve the disputes. If litigation is brought to construe or enforce this Agreement, the prevailing party shall be entitled recover attorney's fees as well as costs and expenses, including the cost of mediation. 10) Although the Mediator has provided a basic outline of this Agreement to the parties' counsel as a courtesy to facilitate the final resolution of this dispute, the parties and their counsel have thoroughly reviewed such outline and have, where necessary, modified it to conform to the requirements of their agreement. All signatories to this Agreement hereby released the Mediator from any and all responsibility arising from drafting of this Agreement. 11) Each signatory to this settlement has entered into same freely and without duress after having consulted with professionals of his or her choice. AGREED TO THIS Q +Jt. {7 DAY OF FEBRUARY 2010 . Plaintiff Debra Taylor By: lfi /IL --r------- By: ~~porte. Texas Approved as to form: -n1d tf. ~t4 --" COUNSELFORPLAThIT~ Mark A. Evetts A~:r~ COUNSEL FOR DEFENDANT Clark T. Askins SETTLEMENT AGREEMENT BETWEEN DEBRA TAYLOR AND LA PORTE-PAGE4 ,- 7 - REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Februa~ 8. 2010 Requested By: Mayor Barry Beas ey Appropriation Source of Funds: Department: City Council Account Number: Report: Resolution: Ordinance:X Amount Budgeted: Amount Requested: Exhibits: Ordinance Exhibits: Election Reports Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION City Council to approve an ordinance declaring results of the City of La Porte Special Election held on January 30, 2010. ;/<1["> Date ORDIHANCB NO. 201.0- 3aclJ. AN ORDr.HANCB DBCLARING TBB RBSULTS OP A SPBCIAL BLBCTION HBLD IN THE CITY OP LA PORTB ON JANUARY 30, 2010, POR THB BLBCTION OP A COUlfCILPBRSOH-AT-LARGB--POSITION A, PROVIDr.HQ DATBS AND HOURS POR RUNOPP BLBCTION, AND EARLY VOTDlG POR SAIIB, PIlfDING COJlPLIAHCB WITH THB OPBN KBBTDlGS LAW, AND PROVIDING AN BPPBCTIVB DATE HBRBOP. WHEREAS, there was held in the City of La Porte on the 30th day of January, 2010, an election for the purpose of electing a Councilperson-at-Large--Position A; all in accordance with Section 8.10 of the Home Rule Charter of the City of La Porte; and WHEREAS, there were cast at said election for the fOllowing listed persons the number of votes opposite their respective names: COUNCILPBRSON-AT-LARGB--POSITION A Abraham Rosa 46 David L. Janda, Jr. 485 John P. Zemanek, Jr. 514 as shown in the official election returns heretofore delivered by the Election Manager and officials to the Mayor and City Council of the City of La Porte and submitted to the City Council. NOW TBBRBPORE, BE IT ORDAIHBD BY THB CITY COUNCIL OP THB CITY OP LA PORTB. Section 1. That said election was duly called and notice thereof given in accordance with law; that said election was held in the manner required by law; that due returns of said election have been made by the proper officers; that said returns have been canvassed by the City Council of the City of La Porte; and that no candidate received a majority of the votes cast at said election. Section 2. A runoff election shall be held within the corporate limits of the City of La Porte, Texas, on the 27th day of February, 2010, between 7:00 o'clock A.M. and 7:00 o'clock P.M., for the purpose of electing a councilperson-at-Large--position A, for a term expiring May, 2010. Section 3. Early Voting by personal appearance shall begin on 12th day and continue through the 4th day preceding the day of election. Early Voting by mail shall begin on the 18th day preceding the date of the election as soon thereafter as ballots are available, and shall continue until 7:00 P.M. on election day. Early Voting shall be conducted by a clerk for Early Voting, namely, Martha A. Gillett, and the place at which the Early voting shall be conducted is designated as the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas, to which address ballot applications and ballots posted by mail may be mailed. Early voting by personal appearance shall be conducted on the weekdays of the Early Voting period, from 8:00 a.m. to 5:00 p.m., except Wednesday, February 17, 2010, and Tuesday, February 23, 2010, from 7:00 a.m. to 7:00 p.m.; and on Saturday, February 20, 2010, from 8:00 a.m. to 5:00 p.m. Section.. 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 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 s. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. 2 PASSED AND APPROVED, this 8th day of February, 2010. By: ATTEST & ~~ tUrLltL tI fUI/ ~a A. Gillet city Secretary APPR~.tJ~ Knox W. 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U $I Sl Sl ~~~VJ~-l. John P. Zemanek, Jr. "tJ @ ~. :J (') - og'm A' -Ill ... - ., ~~-< ad!! OIllCll Ill=~ III 0 -. -lil'g Totals ..... "0 01 ~ o -., 01 <.0 (0 <.0 ~ II o ;:;: '< o ....0 ID) D) ::s "'0< o D) s-= ::tJ l,g ClJO "C ;:I. ,,~. 1 l>> S>> -.J cc--, CD m 0 ...a. _ ,.... o CD S>> - (') - ...a. tt < o 0 ::s CD Ci1 ..... ~ 01 '#. c...1 D) ::s 0 c ~ S>> _. ~ ~. we!. e ~ N e """ e iJ Ci3 Q. ::J o (j) :::0 l1> '0 o ;:1.0 -. ...a. ::J _ <Ow mg ON -., 0 m...a. o II 0 .....co 0.. 00 . w g" '#.5: A REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 8. 2010 Appropriation Requested By: Michael G. Dolbv. Director of Finance Source of Funds: N/A Department: FINANCE Account Number: N/A Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Drainage proiects Amount Requested: N/A Exhibits: Drainage Table Budgeted Item: Exhibits: SUMMARY & RECOMMENDATION During budget workshops, staff discussed with council the opportunity to pursue debt issuances for drainage, community/ convention center, public works improvements and parks improvements. We anticipate issuing debt during the spring of 2010. On November 9, 2009, council passed a reimbursement resolution to reimburse ourselves for drainage expenditures made prior to bond issuance. Consequently, we are concentrating on drainage and anticipate the ability to issue $6,010, 000 dollars for the drainage projects. Projects that we anticipate using these funds for include: Brookglen detention: $l.2M Brookglen channel improvements: $2.5M Fleetwood improvements: $2.0M Northside diversion pond: $7.3M B106-05 (Lomax) channel improvements: $1.7M In addition to the new issue, we anticipate refunding the following issues: GO Bonds Series 2000 CO Bonds Series 2000 (EDC) GO Bonds 1998 Total Savings Savings of $100, 423 Savings of$ 79,415 Savings of $32.111 $211,949 La Porte Area Water Authority Contract Revenue Bonds Savings $166,380 ol/~ ~e) Date B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Februarv 8. 2010 Appropriation Requested By: Susan Cream Source of Funds: N/A Department: Finance/Purchasing Account Number: Report: Amount Budgeted: Resolution: Ordinance: Exhibits: Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION Currently, our solicitations to vendors do not include any wording requiring documentation of workers or exclusion of illegal immigrants working for contractors or subcontractors. Our documents simply include a general statement requiring vendors to comply with all applicable laws. I e-mailed eleven surrounding cities and counties with only four replies. Three cities responded they use a general statement pertaining to laws and statutes similar to the City of La Porte. The City of Pasadena includes a statement referencing the Immigration Reform and Control Act. I broadened the research to the National Institute of Governmental Purchasing (NIGP) list server and received several responses, varying from short, very long, to affidavits that required notary signature. The following Protection of Resident Workers stood out as simple, uncomplicated, and stated in a positive manner. In addition, it includes a statement to add in the event federal funds are used.. The statement also mentions E-Verify, an easily accessible website for employers to determine eligibility of employees to work in the United States. Protection of Resident Workers. The City of La Porte, Texas actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verifY the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. ADD FOR FEDERAL FUNDED For federally funded contracts these procedures require the contractor to enroll in and use E-VerifY as directed by Executive Order 13465 to verifY the employment of (i) All persons hired during the contract term by the contractor to perform employment duties within the United States; and (ii) all persons assigned by the contractor to perform work within the United States on the Federal contract. This requirement flows down to all subcontractors with subcontracts in excess of$3,000. Should Council decide to pursue this effort, an action item will be placed on the agenda for the next meeting. If approved, the wording would be added to our Instructions to Bidders and included with all solicitations. In addition, it may be added to the website under the Purchasing page. l(rJ /to Date c -'-~~------- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 8, 2010 Requested By: Stacey Osborne Department: CMO ADDroDriation Source of Funds: SOURCE Account Number: Report: _ Resolution: Ordinance: Amount Budgeted: Amount Requested: Budgeted Item: YES NO Exhibits: PowerPoint Presentation Exhibits: Exhibits: SUMMARY & RECOMMENDATION In our Economic Development Strategic Plan, the City of La Porte has been advised that we should concentrate on retail and tourism as economic development targets. To attract retail and tourism to our area, we need additional incentives, and tax abatements are one incentive we can offer. In addition to being appealing to new businesses, tax abatements are also an incentive we can structure in such a way that we will attract the retail and tourism industries we need in this community. The City of La Porte is fortunate to be situated in a location that is ideal for manufacturing and warehousing. With our close proximity to the Port of Houston, rail lines, and major freeways, we do not have a problem attracting businesses in those two industries. Our challenge, from an economic development standpoint, is attracting the retail and tourism industries, and to that end we need some help to push us ahead of our competition. The City of La Porte is considering a tax incentive package that will allow us to welcome the industries that are already coming to our area because of our location, but also to provide a generous incentive to the types of businesses that are lacking in our area. Staff has created a tax abatement proposal targeted to three different categories of business: warehouse/transportation, manufacturing, and retail/office. For each of those categories, we propose that we offer incentives at rates that will heavily favor businesses in the retail and office industries. To qualifY for tax abatements, businesses in all three categories must provide a minimum capital investment of $5 million 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 I % for non-rail facilities Industry 10% Retail/Office (at least 50,000 sf): 12.5% - 50%, depending upon the square footage of the building space In addition, we would consider offering 380 agreements to businesses that are of particular interest to our area. 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OJ ro ro < ...., ...., OJ OJ m OQ OQ ..., OJ ro m OQ a. a. ro 0 0 a. < < 0 ro ro < ...., ...., ro -+. -+. -- -- ...., < < -+. ro ro -- < -< -< m ro ro -< r OJ OJ ro > ...., ...., "0 tn tn OJ 0 '-"" ...., ~ tn '-"" m .. -I m >< l> (J') ~ "'C o ~ 1" --I m >< )> Cfl :I: m g, ~ ;0 - m ~ r-+ ;:l. OJ -. " o ~ -. n m m X )> s: -C r- m Vl 11 -- -----------^---------^-^--^--^---^ - - CITY COUNCIL DRAINAGE REPORT February 8, 2010 Klotz Design and Contract Construction . Design of Sheet Flow Relief Structure Improvements to Creekmont. Fairmont Park West, Brookglen and Fairmont Park East. Bidding documents have been reviewed. First phase of flume construction scheduled to begin by late February for 9 flumes (4 along Bl12 main stem only, and 5 others in Fairmont West, Fairmont East, Creekmont and Glen Meadows). Owner meetings have occurred, notification updates have been sent. Valleybrook and Creekmont designs have been received, adjustments are necessary for angle of channel intersection. Easements have been requested. · Draina~e Study of Brookglen. Determined three phased approach was used for 2009 SRL program. Have received list of homes included in 2009 and proposed 2010 buyout programs. We provided recommendations to HCFCD regarding priority properties, based upon slab elevations and neighborhood integrity while taking into account effect of proposed improvements. Consultant is beginning design work for proposed detention facilities. Consultant will produce preliminary engineering reports and models based upon associated channel improvements proposed; will design detention systems with appropriate alternates and obtain approvals; and will conduct bid and construction phase processes. · Fairmont Park East - Fleetwood Drive. Impact analysis has been submitted to HCFCD. Continuing effort on the preliminary design of the Fleetwood Dr. vertical profile. By- weekly meetings have been held with the consultant to review progress on the Preliminary Engineering Report. The draft report was submitted in late January, with the final report due in February. A date for the next Drainage and Flooding Committee meeting may be suggested at the first Council Meeting in February. In-House Design and Construction of City-initiated Proiects. · South La Porte Bay Outfalls. The plans and specifications for the Oakhurst Outfall have been furnished to Harris County for implementation. The County has not furnished a time line for bidding. The Contractor has completed installation of a new outfall in the Pine Bluff subdivision at the Pine Bluff Pocket Park. This Park was damaged by Hurricane Ike, and restoration has been on hold until the new outfall is completed. · F-216 Regional Detention Proiect. Clearing of F-216 regional detention is underway. First phase of excavation is approximately 25% complete. Corps of Engineers permit is pending, and water quality certification has been received. · Coordination with Harris County. - No activity this month. In-House Drainage Maintenance Activities. . Bav Colony. Construction completed to lower the outfall to the Bay to accommodate proposed improvements. Personnel have begun improvements to East end of Bay Colony Lowered (2') and reset approximately 80 LF of 30" Outfall pipe. Removed old Type "E" inlet box and set new 5 x 5 Grated J-Box 2' lower to accommodate longer runs of lateral collection pipes. Set two Safety End Treatments (SET) Reset 3 driveway culverts to proper grade to allow for proper storm runoff. Begun clean out and haul off of spoils from East end of Bay Colony gravity ditches to reestablish flow lines. . North and South Shady Lane. City has mailed a letter to the resident at the east end ofN. Shady Lane regarding a question about R-O-W abandonment for the proposed outfall. City Engineer will reexamine the recently installed crossover pipe on eastern portion of South Shady Lane to ensure that the installation did not cause adjacent residents to experience drainage problems (email from affected resident). Additionally, staff is investigating the outfall on Broadway into the Bayport Channel to determine if the outfall can be reestablished below the existing pipelines to drain the southwestern portion of this subdivision directly to Bayport. · Harris County Precinct 2. Meeting with John Saavedra and Precinct 2 Staff occurred in Late January regarding drainage issues on County Roads within La Porte. The County agreed to coordinate their current efforts with La Porte's on several projects, including East Main/Lobit, South 8t\ North L Street, North and South 16th, Park and Bayshore. · In-Fill Drainage. Cleaned ditches in various areas of the city. Currently concentrating in the area bounded by South 8th, Main, Broadway and Fairmont Parkway. Inspected and cleaned underground storm sewer system on Main Street from 6th to SH146. · Total drainage maintenance comvleted in August Cleaning of Ditches Resetting culverts Inlet installation/repairs Culvert Maintenance/cleaning 5,724 LF 460 LF 9Ea 1,482 LF