HomeMy WebLinkAbout2010-7-26MINUTES OF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
July 26, 2010
1. Call to order
The meeting was called to order by Mayor Pro-Tem Daryl Leonard at 6:07 p.m.
Members of City Council Present: Councilmembers Louis Rigby, Tommy Moser, John
Zemanek, Mike Clausen, Mike Mosteit, Chuck Engelken and Mayor Pro-Tem Daryl
Leonard
Members of Council Absent: John Black
Members of City Executive Staff and City Employees Present:
City Manager's Office: John Joems, Dawn Anderson and Stacey Osborne
Legal: Clark Askins and Knox Askins
City Secretary's Office: Martha Gillett
Planning: Tim Tietjens, Debbie Wilmore and Brian Sterling
Police Department: Chief Ken Adcox, Yvonne Stanley, Tracy Phelan, Bennie Boles, Chris
Paige, Kyle Jones and Gary Rice
Parks and Recreation: Stephen Barr and Russell Capps
Public Works: Steve Gillett
Finance: Michael Dolby
EOC: Kristin Gauthier
Fire Marshal's Office: Steven Simmons
EMS: Ray Nolen and Lisa Camp
Others Present: Father Gary Rickles, Dottie Kaminski, Richard Warren, Adam Yanelli of
the Bayshore Sun, Mr. and Mrs. Rosa, Jay Martin, Gail Martin, Dave Turnquist, Phillip
Hoot, Deb Gallington, Kathryn Aguilar, David Drake, Leslie Guzman, Paul Chaves, David
Janda, Judy Cowan, Scott Grisham, Corey Allen, Abby Stanley, Jeffrey Boutte, Tom
Forestier, John Blakemore and Ted Powell
2. The Invocation was given by Father Gary Rickles.
3. Councilman John Zemanek led the Pledge of Allegiance.
4. Presentations/Proclamations
A. Presentation - Retirement of John Blakemore - (Police Department) -Mayor Pro-Tem
Daryl Leonard
Mayor Pro-Tem Daryl Leonard and Chief Ken Adcox recognized the retirement of John
Blakemore.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on July 26, 2010
B. Presentation -Second Quarter "Employee of the Quarter" -Bennie Boles - (Police
Department) -Mayor Pro-Tem Daryl Leonard
Mayor Pro-Tem Daryl Leonard and Chief Ken Adcox recognized Police Officer Bennie
Boles as the Second Quarter "Employee of the Quarter".
C. Presentation - Mr. Blackmon thanked the La Porte Police Department for the support
of the "Texas Honor Ride" -Mayor Pro-Tem Daryl Leonard
Mr. Blackmon expressed his appreciation to the City of La Porte for the support of the
"Texas Honor Ride".
5. Consent agenda -Any item may be removed by a Councilperson for discussion.
A. Consider approval or other action of minutes of Regular Meeting and Workshop
Meeting held on July 12, 2010 - M. Gillett
B. Consider approval or other action regarding an ordinance extending the City
Manager's authority to execute land sale contract and related documents for
property located at 216 N. 2~d Street, for an additional six months, in connection
with the 2006 H.O.M.E. Northside Neighborhood Project - (Ord. 3262) - T.
Tietjens
C. Consider approval or other action regarding a resolution nominating E.I. DuPont
de Nemours and Company (DuPont) as a Texas Enterprise Zone project (Res.
2010-15) - S. Osborne
D. Consider approval or other action awarding bid # 10030 for La Porte 2010 Multiple
Street Base Repair and Overlay - S. Gillett
E. Consider approval or other action regarding a recommended date of September
13, 2010 for the Public Hearing on the City's FY 2010-2011 Proposed Budget - M.
Dolby
F. Consider approval or other action regarding an ordinance authorizing the City
Manager to execute an Industrial District Agreement with FR/CAL Interport, LLC.
(2007-IDA-121) (Ord. 3263) - M. Dolby
G. Consider approval or other action regarding an ordinance authorizing the City
Manager to execute an Agreement with Linda Darnell Witt for concession
operations at the Sylvan Beach Fishing Pier - (Ord. 3264) - S. Barr
H. Consider approval or other action regarding an ordinance amending Chapter 34 of
the La Porte Code of Ordinances, for the purpose of updating junked motor vehicle
regulations - (Ord. 3265) - D. Wilmore
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on July 26, 2010
Consider approval or other action regarding a resolution authorizing designated
signators for the Texas Community Development Block Grant Program Disaster
Recovery Contract DRS0110231 (Res. 2010-16) - T. Tietjens
Scott Grisham of Delloite representing DuPont answered questions council had on consent
item C.
Chief Building Official Debbie Wilmore answered questions council had on consent item H.
Assistant City Attorney Clark Askins read the following resolution and ordinance captions:
Ordinance 3262 - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE
THE LAND SALE CONTRACT AND RELATED DOCUMENTS, AS PART OF THE
H.O.M.E. PROGRAM YEAR 2006 NORTHSIDE NEIGHBORHOOD SINGLE FAMILY
CONSTRUCTION PROJECT, BETWEEN THE CITY OF LA PORTE AND BUYER OF
THE PROPERTY AT 216 NORTH 2"~ STREET, ALSO DESCRIBED AS LOTS 3 AND 4,
BLOCK 62, AT SUCH TIME AS A BUYER IS LOCATED, MAKING VARIOUS FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT CONTAINING A REPEALING
CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND
PROVIDING AN EFFECTIVE DATE HEREOF
Resolution 2010-15 -WHEREAS, THE CITY OF LA PORTE, TEXAS (CITY) HAS
PREVIOUSLY PASSED ORDINANCE N0. 2010-3248 ON MAY 10, 2010, ELECTING TO
PARTICIPATE IN THE TEXAS ENTERPRISE ZONE PROGRAM AND THE LOCAL
INCENTIVES OFFERED UNDER THIS RESOLUTION ARE THE SAME ON THIS DATE
AS WERE OUTLINED IN ORDINANCE N0.2010-3248
WHEREAS, THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT
TOURISM (EDC) THROUGH THE ECONOMIC DEVELOPMENT BANK (BANK) WILL
CONSIDER E.I. DUPONT DE NEMOURS AND COMPANY AS AN ENTERPRISE
PROJECT PURSUANT TO A NOMINATION AND AN APPLICATION MADE BY THE
CITY;
WHEREAS, THE CITY DESIRES TO PURSUE THE CREATION OF THE
PROPER ECONOMIC AND SOCIAL ENVIROMENT IN ORDER TO INDUCE THE
INVESTMENT OF PRIVATE RESOURCES IN PRODUCTIVE BUSINESS ENTERPRISES
LOCATED IN THE CITY AND TO PROVIDE EMPLOYMENT TO RESIDENTS OF
ENTERPRISE ZONES AND TO OTHER ECONOMICALLY DISADVANTAGED
INDIVIDUALS;
WHEREAS; PURSUANT TO CHAPTER 2303, SUBCHAPTER F OF THE TEXAS
ENTERPRISE ZONE ACT, TEXAS GOVERNMENT CODE (THE "ACT") E.I. DU PONT
DE NEMOURS AND COMPANY HAS APPLIED TO THE CITY FOR DESIGNATION AS
AN ENTERPISE PROJECT;
WHEREAS, THE CITY FINDS THAT E.I. DU PONT DE NEMOURS AND
COMPANY MEETS THE CRITERIA FOR DESIGNATION AS AN ENTERPRISE
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on July 26, 2010 4
PROJECT UNDER CHAPTER 2302, SUBCHAPTER F OF THE ACT ON THE
FOLLOWING GROUNDS:
1. E.I. DU PONT DE NEMOURS AND COMPANY IS A "QUALIFIED BUSINESS"
UNDER SECTION 2303.402 OF THE ACT SINCE IT WILL BE ENGAGED IN THE
ACTIVE CONDUCT OF A TRADE OR BUSINESS AT A QUALIFIED BUSINESS SITE
WITHIN THE GOVERNING BODY'S JURISDICTION LOCATED OUTSIDE OF AN
ENTERPRISE ZONE AND AT LEAST THIRTY-FIVE PERCENT (35.0%) OF THE
BUSINESS' NEW EMPLOYEES WILL BE RESIDENTS OF AN ENTERPRISE ZONE
OR ECONOMICALLY DISADVANTAGED INDIVIDUALS; AND
2. THERE HAS BEEN AND WILL CONTINUE TO BE A HIGH LEVEL OF
COOPERATION BETWEEN PUBLIC, PRIVATE, AND NEIGHBORHOOD ENTITIES
WITHIN THE AREA; AND
3. THE DESIGNATION OF E.I. DU PONT DE NEMOURS AND COMPANY AS AN
ENTERPRISE PROJECT WILL CONTRIBUTE SIGNIFICANTLY TO THE
ACHIEVEMENT OF THE PLANS OF THE CITY FOR DEVELOPMENT AND
REVITALIZATION OF THE AREA.
WHEREAS, THE CITY FINDS THAT E.I. DU PONT DE NEMOURS AND COMPANY
MEETS THE CRITERIA FOR TAX RELIEF AND OTHER INCENTIVES ADOPTED BY
THE CITY AND NOMINATES E.I. DU PONT DE NEMOURS AND COMPANY FOR
ENTERPRISE PROJECT STATUS ON THE GROUNDS THAT IT WILL BE LOCATED
AT THE QUALIFIED BUSINESS SITE, WILL CREATE A HIGHER LEVEL OF
EMPLOYMENT, ECONOMIC ACTIVITY AND STABILITY; AND
WHEREAS, THE CITY FINDS THAT IT IS IN THE BEST INTEREST OF THE CITY
TO NOMINATE E.I. DU PONT DE NEMOURS AND COMPANY AS AN ENTERPRISE
PROJECT PURSUANT TO THE ACT;
Ordinance 2007-IDA-121 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE
CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH FR/CAL
INTERPORT, LLC, LIMITED LIABILITY COMPANY FOR THE TERM COMMENCING
JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS
AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 3263 - AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF
LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH FR/CAL INTERPORT,
LLC, LIMITED LIABILITY COMPANY FOR THE TERM COMMENCING JANUARY 1,
2008, AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 3264 - AN ORDINANCE APPROVING AND AUTHORIZING A CONCESSION
AGREEMENT BETWEEN THE CITY OF LAPORTE AND LINDA DARNELL WITT TO
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on July 26, 2010
OPERATE AND MANAGE THE SYLVAN BEACH PARK PIER; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE SAID CONCESSION AGREEMENT; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
Ordinance 3265 - AN ORDINANCE AMENDING CHAPTER 34 "ENVIRONMENT",
ARTICLE V "JUNKED MOTOR VEHICLES", OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE, TEXAS, RELATING TO REGULATION AND ABATEMENT OF
JUNKED MOTOR VEHICLES; 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 AN AMOUNT NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE;
Resolution 2010-16 - A RESOLUTION OF THE CITY OF LA PORTE AUTHORIZING
DESIGNATED SIGNATORS FOR ITS TEXAS COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM DISASTER RECOVERY CONTRACT DRS010231
Motion was made by Councilmember Engelken to approve the consent agenda with the
correction to the minutes noting Clark Askins present rather than Knox Askins. Second by
Councilmember Mosteit. Motion carried unanimously.
Ayes: Engelken, Rigby, Moser, Clausen, Zemanek, Mosteit and Mayor Pro-Tem Leonard
Nays: None
Abstain: None
Absent: Black
6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address
Council on any item posted on the agenda (Limited to five minutes)
Corey Allen, 10933 Birch - Requested speed bumps on Birch Street.
Phillip Hoot, 927 Seabreeze - He does not oppose the high rise but suggested that the city
follow normal business practice.
Tom Forestier, an Attorney of CenterPoint distributed pictures regarding item #11; he is
opposed to the hike and bike trail on CenterPoint property.
7. Conduct a Public Hearing to discuss recommendation by the Police Department for the
continuance of the Curfew for Juveniles Ordinance (Ord. 93-1887) - K. Adcox
Open Public Hearing -Mayor Pro-Tem Daryl Leonard opened the Public Hearing at 6:52
p.m.
Chief Adcox presented the summary and overview.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on July 26, 2010
Public Comments: There were not any public comments.
Recommendation of Staff -Staff recommended continuance of Ordinance 93-1887 as
written.
Mayor Pro-Tem Leonard closed the Public Hearing and reconvened Regular Meeting at
6:57 p.m.
8. Consider approval or other action regarding the continuation of Ordinance 93-1887, as
codified in Chapter 42 of the La Porte Code of Ordinances, regarding Curfew for Juveniles
- K. Adcox
Motion was made by Councilmember Clausen to approve the continuation of Ordinance
93-1887, as codified in Chapter 42 of the La Porte Code of Ordinances regarding Curfew
for Juveniles as presented by Mr. Adcox. Second by Councilmember Engelken. Motion
carried unanimously.
Ayes: Engelken, Rigby, Moser, Clausen, Zemanek, Mosteit and Mayor Pro-Tem Leonard
Nays: None
Abstain: None
Absent: Black
Councilmember Engelken recused himself from items 9, 10, and 11.
9. Consider approval or other action regarding an ordinance suspending CenterPoint
Energy's utility rate increase for ninety (90) days (Ord. 3266) - J. Joerns
Assistant City Manager John Joerns provided summary and recommendation and
answered Councils' questions.
Steve Greenley of CenterPoint Energy answered council's questions.
Assistant City Attorney Clark Askins read Ordinance 3266, AN ORDINANCE RELATING
TO THE RETAIL ELECTRIC RATES OF CENTERPOINT ENERGY HOUSTON
ELECTRIC, LLC WITHIN THE CITY OF LA PORTE, TEXAS; SUSPENDING FOR NINETY
DAYS THE EFFECTIVE DATE OF NEW RATES; CONTAINING FINDINGS AND OTHER
PROVISIONS RELATING TO THE FOREGOING SUBJECT; PROVIDING FOR
SEVERABILITY; AND DECLARING AN EMERGENCY
Motion was made by Councilmember Moser to approve Ordinance 3266 as presented by
Mr. Joerns. Second by Councilmember Zemanek. Motion carried.
Ayes: Rigby, Moser, Clausen, Zemanek, Mosteit and Mayor Pro-Tem Leonard
Nays: None
Abstain: Engelken
Absent: Black
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on July 26, 2010 7
10. Consider approval or other action regarding a resolution authorizing the City to join the
Houston Coalition of Cities representing municipalities' interest in utility rate proceedings
(Res. 2010-17) - J. Joems
Assistant City Manager John Joerns provided summary and recommendation and
answered Councils' questions.
Assistant City Attorney Clark Askins read Resolution 2010-17, A RESOLUTION OF THE
CITY OF LA PORTE, TEXAS, PERTAINING TO CENTERPOINT ENERGY HOUSTON
ELECTRIC, LLC APPLICATION TO CHANGE ELECTRIC RATES PENDING AS DOCKET
N0.38339AND RELATED PROCEEDINGS
Motion was made by Councilmember Clausen to approve Resolution 2010-17 as
presented by Mr. Joems. Second by Councilmember Mosteit. Motion carried.
Ayes: Rigby, Moser, Clausen, Zemanek, Mosteit and Mayor Pro-Tem Leonard
Nays: None
Abstain: Engelken
Absent: Black
11. Consider approval or other action regarding a Takings Resolution for acquisition of 0.0644
acres of land by condemnation from CenterPoint Energy, for development of apedestrian/
bicycle trail - (Res. 2010-18) - S. Barr
Director of Parks and Recreation Stephen Barr provided summary and recommendation
and answered Councils' questions. In addition, Tom Forrestier provided additional
comments.
Assistant City Attorney Clark Askins read Resolution 2010-18, A RESOLUTION
AUTHORIZING THE ACQUSITION OF A TEN (10) FOOT WIDE PEDESTRIAN/BIKE
EASEMENT, CONTAINING 0.0644 ACRES IN THE CITY OF LA PORTE, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE
DATE HEREOF.
Motion was made by Councilmember Zemanek to table this item. Second by
Councilmember Moser. Motion carried.
Ayes: Rigby, Moser, Clausen, Zemanek, Mosteit and Mayor Pro-Tem Leonard
Nays: None
Abstain: Engelken
Absent: Black
12. Close Regular Meeting and Open Workshop Meeting
The Regular Meeting was closed at 7.27 p.m. and the Workshop Meeting was opened at
7:28 p.m.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on July 26, 2010 8
A. Update on travel trailers, permit fees and blue roofs related to Hurricane
"Ike" - D. Wilmore
Chief Building Official Debbie Wilmore provided an update on travel trailers, permit
fees and blue roofs related to Hurricane "Ike".
Council directed staff as follows:
Permits continue to be required for all "Ike" related work.
Continue fee waiver on all "Ike" related permits until November 2010.
The individual trailer located at 619 S. Shady Lane (home repair) and the FEMA
THU (Temporary Housing Unit) located at 208 Bay Colony (new home) may
continue to be utilized until the homes become livable. No other "Ike" related
trailers are authorized.
No deadline regarding the removal of blue roofs for residential properties;
however, staff shall establish a roof case utilizing the following procedures:
1) Meet with resident and determine if lack of funds or pending Ike claim
(document file).
2) Provide handout identifying potential financial assistance (document file).
3) Advise tenant/owner that blue roof may remain as long as they remain
properly secured. If tarps become loose or start tearing apart, it must be
properly re-secured within 10 days. Maintenance of blue tarps is required until
roof is replaced/repaired.
4) Case remains active until roof is formally repaired. Suspense blue roof cases
for periodic inspections to confirm they remain in good condition.
Non-residential properties are no longer allowed to have a blue roof. Staff shall
establish a roof case utilizing the following procedures:
1) Meet with tenant/owner and advise that they have 30-days to obtain city
permit and have roof repaired/replaced. Issue 30-day notice in person
whenever possible; otherwise, send certified court letter.
2) City roof permit is required prior to replacement and the installation shall
comply with applicable city codes/policies.
3) Advise tenant/owner that failure to comply shall result in the issuance of a
municipal court citation.
B. La Porte Safety Town -Safety Town Project Committee (Police, Fire, EMS,
EM, Parks & Public Works Departments)
Council directed staff member to move forward on this project.
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on July 26, 2010 9
13. Close Workshop Meeting and Open Regular Meeting
Mayor Pro-Tem Leonard closed Workshop Meeting and reconvened Regular Meeting at
8:10 p.m.
14 Receive Report from La Porte Development Corporation Board -Chairman Engelken
Chairman Engelken provided a report from the La Porte Development Corporation Board.
15. Receive Inspections Report from City Staff - D. Wilmore
Chief Building Official Debbie Wilmore provided the monthly Inspections Report.
16. Assistant City Manager John Joerns provided Administrative Reports for the following:
August 6, 2010 -Plaza by the Bay Summer Concert 6:00 p.m. - 9:00 p.m. (Dena Blue and
the Blue Jazz Band)
August 9 -13, 2010 -City Council Meeting/Budget Workshop Meetings
August 12, 2010 - La Porte - Bayshore Chamber of Commerce -New Teacher's
Luncheon - La Porte High School Student Center -11:45 a.m.
Early Voting for Special Called Elections -August 11, 2010 -August 24, 2010 - 8:00 a.m.
- 5:00 p.m. extended hours for Early Voting will be Wednesday, August 18, 2010 - 7:00
a.m. - 7:00 p.m. and Tuesday, August 24, 2010 - 7:00 a.m. - 7:00 p.m. Early Voting on
Saturday, August 21, 2010 - 8:00 a.m. - 5:00 p.m.
August 13-14, 2010 -Newly Elected City Official's Orientation -TML -Austin, Texas
August 20, 2010 -Plaza by the Bay Summer Concert 6:00 p.m. - 9:00 p.m. (George
Ducas)
August 20-21, 2010 -TML- Region 14- Fall Meeting -Moody Gardens Hotel -Galveston
August 23, 2010 -City Council Meeting
August 28, 2010 -Election Day
17. Council Comments: Zemanek, Engelken, Mosteit, Clausen, Rigby, Moser, and Mayor Pro-
Tem Leonard
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
Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on July 26, 2010 10
18. 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. 551.072 (Deliberation regarding the purchase Meet with City Manager and City
exchange, lease, or value of real Attorney to discuss F216 Phase
property) Two Project
Council closed the Regular Meeting and retired to Executive Session at 8:25 p.m.
Council closed the Executive Session and returned to the table at 8:48 p.m.
19. Considerations and possible action on items considered in executive session.
There were no actions taken in Executive Session
20. Adjournment
Being no further business, the meeting was duly adjourned at 8:49 p.m.
Respectfully submitted,
cif ~i~~.~~~~:~/
Martha Gillett, TRMC
City Secretary
Passed and approved on this 9th d y of August 2010.
Mayor ro-Tern aryl Leonard
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Julv 26. 2010
Bude:et
Requested By:
Tim Tietiens
Source of Funds: N/A
Department:
Planninr
Account Number: N/A
Report:
Resolution:
Ordinance:
x
Amount Budgeted: N/A
Exhibits: Ordinance
Amount Requested: N/A
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
On July 27,2009, Council approved an ordinance extending the City Manager's authorization to execute
land sale contracts and related documents as part of the H.O.M.E. Program Year 2006 Northside
Neighborhood Single Family Construction project. This authorization expires after 365 days (July 26,
2010).
~. At1:his time,CouncjL~_~eing asked to extend the City Manager's authority for an additional six months
(182 days) to execute the sales contract and related documents for the remaining house located at 216 N.
2nd Street. ~,
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~',...."",
Action Required bv Council:
~
"
"
"
.~
'.
"
ve an ordinance extending the City Manager's authority to execute land sale contracts and related
ents for the 2006 H.O.M.E. Northside Neighborhood Project for an additional six months (182
/
,
"'.
.-d~;/t(J
Date
ORDINANCE NO.
3J&J.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE LAND SALE CONTRACT
AND RELATED DOCUMENTS, AS PART OF THE H.O.M.E. PROGRAM YEAR 2006 NORTHSIDE
NEIGHBORHOOD SINGLE FAMILY CONSTRUCTION PROJECT, BETWEEN THE CITY OF LA PORTE
AND BUYER OF THE PROPERTY AT 216 NORTH 2ND STREET, ALSO DESCRIBED AS LOTS 3 AND 4,
BLOCK 62, AT SUCH TIME AS A BUYER IS LOCATED, MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT, CONTAINING A REPEALING CLAUSE, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council hereby approves and authorizes the contract,
agreement, or other undertaking described in the title of this ordinance, in substantially the
form as shown in the documents which are attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute the land sale contract and related
documents on behalf of the City of La Porte, with the buyer of property located at 216 North
2nd Street, at such time as a buyer of said property is located and agrees to purchase same from
the City. The authority given to the City Manager to execute the agreements and related
documents approved by this ordinance shall expire six months (182 days) from its passage and
approval. 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.
All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent
of such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 3.
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
1
was posted at a place convenient to the public at the City Hall of the City for the time required
by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4.
This Ordinance shall be effective from and after its passage and approval,
and it is so ordered.
PASSED AND APPROVED, this 26th day of July, 2010.
By:
Daryl Le rd
Mayor, Pro-Tem
ATTEST:
~G~~1t
City Secreta ry
A~ T ~~.
CI rk T. inS
Assistant City Attorney
2
c
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 7/26/2010
Requested By: Stacey Osborne
Department: Administration
Report: Resolution: X Ordinance:
A{lpropriation
Source of Funds:
Account Number:
Exhibits: Texas Enterprise Zone Resolution
Exhibits: Ordinance # 2010-3248
Amount Budgeted:
Amount Requested:
Budgeted Item: YES NO
Exhibits: Texas Enterprise Zone Overview
SUMMARY & RECOMMENDATION
The Texas Enterprise Zone is an economic development program that allows local communities to partner with
the State of Texas to promote job creation/retention and capital investment in economically distressed areas of
the state. Companies that wish to apply for Texas Enterprise Zone project designation must have the
nomination of a local community in order to participate. Companies can participate by either creating or
retaining jobs, and they must commit to a minimum capital investment of $40,000 and creation or retention of a
minimum of 10 jobs.
The City of La Porte passed Ordinance Number 2010-3248 on May 10,2010 authorizing the City's
participation in the Texas Enterprise Zone program. At that time Council also nominated Invista as an
Enterprise Zone project. Tonight we are asking Council to pass a resolution nominating E. I. du Pont de
Nemours and Company ("DuPont") as a Texas Enterprise Zone project. The company is applying with a job
retention project, and they have committed to a capital investment of $70M and to the retention of 490 jobs
over the next five years.
We brought this project to Council as a workshop item on July 12,2010, introducing DuPont and asking for
Council's guidance on moving forward. Kenneth Martin, a Senior Consultant from DuPont, and George Francis, a
Director at Deloitte Tax LLP, answered questions and explained how the DuPont project qualifies as a Texas
Enterprise Zone project. After speaking with Mr. Martin and Mr. Francis, Council suggested that we bring the
resolution forward for a vote.
Representatives from DuPont and Deloitte are here this evening to answer any questions you may have, and we have
included an overview of the Texas Enterprise Zone program for your information.
Ron Bottoms, City Manager
711~;;b
date .
RESOLUTION No. J.DJ D-I rJ
WHEREAS, the City of La Porte, Texas (City) has previously passed Ordinance No. 2010-3248 on May
10, 2010, electing to participate in the Texas Enterprise Zone Program, and the local incentives offered
under this resolution are the same on this date as were outlined in Ordinance No. 2010-3248;
WHEREAS, the Office of the Governor Economic Development and Tourism (EDC) through the
Economic Development Bank (Bank) will consider E. I. du Pont de Nemours and Company as an
enterprise project pursuant to a nomination and an application made by the City;
WHEREAS, the City desires to pursue the creation of the proper economic and social environment in
order to induce the investment of private resources in productive business enterprises located in the City
and to provide employment to residents of enterprise zones and to other economically disadvantaged
individuals;
WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Enterprise Zone Act, Texas
Government Code (the "Act"), E. I. du Pont de Nemours and Company has applied to the City for
designation as an enterprise project;
WHEREAS, the City finds that E. I. du Pont de Nemours and Company meets the criteria for
designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following
grounds:
1. E. I. du Pont de Nemours and Company is a "qualified business" under Section 2303.402 of
the Act since it will be engaged in the active conduct of a trade or business at a qualified business
site within the governing body's jurisdiction located outside of an enterprise zone and at least
thirty-five percent (35.0%) of the business' new employees will be residents of an enterprise zone
or economically disadvantaged individuals; and
2. There has been and will continue to be a high level of cooperation between public, private, and
neighborhood entities within the area; and
3. The designation of E. I. du Pont de Nemours and Company as an enterprise project will
contribute significantly to the achievement of the plans of the City for development and
revitalization ofthe area.
WHEREAS, the City finds that E. I. du Pont de Nemours and Company meets the criteria for tax relief
and other incentives adopted by the City and nominates E. I. du Pont de Nemours and Company for
enterprise project status on the grounds that it will be located at the qualified business site, will create a
higher level of employment, economic activity and stability; and
WHEREAS, the City finds that it is in the best interest of the City to nominate E. I. du Pont de Nemours
and Company as an enterprise project pursuant to the Act;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS:
That the findings of the City and its actions approving this resolution taken at the council
meeting are hereby approved and adopted.
BE IT FURTHER RESOLVED that E. I. du Pont de Nemours and Company is a "qualified business",
as defined in Section 2303.402 ofthe Act, and meets the criteria for designation as an enterprise project,
as set forth in Section 2303, Subchapter F ofthe Act.
BE IT FURTHER RESOLVED that the enterprise project shall take effect on the date of designation of
the enterprise project by the agency and terminate on September 1,2015.
PASSED BY THE CITY COUNCIL of the City of La Porte, Texas this 26th day of July, 2010.
~#,~
Mayor 0 Tern
THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day personally appeared Daryl Leonard, Mayor
Pro Tern of the City of La Porte, Texas, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GIVE'N under my hand and seal of office thi~~ay of "JUt y , 20 I 0
Lp?tUd~O~~
Notary Public, State of Texas
My commission expires: f .JI "'/3
(Notary Seal)
MARTHA GILLETT
My CommiSSion Expires
August 31. 2013
ORDINANCE No.
~~J L/ S
An Ordinance of the City Council of the City of La Porte, Texas, authorizing
the City's participation in the Texas Enterprise Zone Program pursuant to
the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code;
providing tax incentives, designating a liaison for communication with
interested parties, and nominating INVIST A S.a r.l. to the Office of the
Governor Economic Development & Tourism (EDT) through the Economic
Development Bank (Bank) as an Enterprise Project (Project); containing an
severability clause; containing an Open Meetings clause; providing an
effective date hereof.
WHEREAS, the City Council of the City of La Porte, Texas (City) desires to create the
proper economic and social environment to induce the investment of private resources in
productive business enterprises located in severely distressed areas of the city and to
provide employment to residents of such area; and
WHEREAS, the project or activity is not located in an area designated as an enterprise
zone; and
WHEREAS, pursuant to the Texas Enterprise Zone Act (Act), Chapter 2303, Texas
Government Code, Subchapter F of the Act, INVISTA S.il r.I. has applied to the City for
designation as an enterprise project; and
WHEREAS, the City finds that INVIST AS.. r.1. meets the criteria for tax relief and other
incentives adopted by the City on the grounds that it will be located at the qualified
business site, will create a higher level of employment, economic activity and stability;
and
WHEREAS, a duly advertised public hearing to consider this ordinance was held by the
City Council on May 10,2010;
Now, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS THAT:
Section 1:
The City nominates INVISTA S.il r.I. for enterprise project status.
Section 2:
The following local incentives, at the election of the City Council of the
City of La Porte, are or may be made available to the nominated project or
activity of the qualified business:
a) The City may abate taxes on the increase in value of real property
improvements and eligible personal property that locate in a
designated enterprise zone for up to 5 years, to the extent eligible for
tax abatement under state law and city ordinances. The level of
abatement shall be based upon capital investment, and the extent to
which the business receiving the abatement creates jobs for qualified
employees, in accordance with the City of La Porte Tax Abatement
Guidelines and Criteria, Chapter 66 of the La Porte Code of
Ordinances, and with "qualified employee" being defined by the Act.
b) The City may, as allowed by law, provide business and industrial
development services, including:
1) Grants to eligible companies through the city's Type B sales tax
corporation;
2) Chapter 380 tax rebates for projects which significantly enhance
the city's tax base;
3) Freeport exemption on property tax for employer's inventory that
is shipped outside of Texas;
4) has established a Tax Increment Reinvestment Zone;
5) provision of publicly owned land for development purposes,
including residential, commercial, or industrial development;
6) creation of special one-stop permitting and problem resolution
centers or ombudsmen; or
7) promotion and marketing services.
c) The City may, as allowed by law, provide regulatory relief to
businesses, including:
1) zoning changes or variances;
2) exemptions from unnecessary building code requirements,
impact fees, or inspection fees; or
3) streamlined permitting.
d) The City may, as allowed by law, provide enhanced municipal
services to businesses, including:
1) improved police and fire protection;
2) institution of community crime prevention programs; or
e) The City may, as allowed by law, provide improvements III
community facilities, including:
1) capital improvements in water and sewer facilities;
2) road repair; or
3) creation or improvement of parks.
f) The City may, as allowed by law, provide job training and
employment services to businesses, including:
1) retraining programs;
2) literacy and employment skills programs;
3) vocational education; or
4) customized job training.
Section 3:
Section 4:
Section 5:
Section 6:
Section 7:
Section 8.
The enterprise zone areas within the City are reinvestment zones In
accordance with the Texas Tax Code, Chapter 312, Section 312.203.
The City of La Porte City Council directs and designates Stacey Osborne
as the City's liaison to communicate and negotiate with the EDT through
the Bank and enterprise project(s) and to oversee zone activities and
communications with qualified businesses and other entities in an
enterprise zone or affected by an enterprise project.
The City finds that INVIST A S.a r.I. meets the criteria for designation as
an enterprise project under Chapter 2303, Subchapter F of the Texas
Enterprise Zone Act on the following grounds:
(a.) INVISTA S.a r.I. is a "qualified business" under Section 2303.402
of the Act since it will be engaged in the active conduct of a trade
or business at a qualified business site within the governing body's
jurisdiction, located outside of an enterprise zone and at least
thirty-five percent (35%) of the business' new employees will be
residents of an enterprise zone or economically disadvantaged
individuals; and
(b.) There has been and will continue to be a high level of cooperation
between public, private, and neighborhood entities in the area; and
(c.) The designation of INVISTA S.a r.I. as an enterprise project will
contribute significantly to the achievement of the plans of the City
for development and revitalization of the area.
The enterprise project shall take effect on the date of designation of the
enterprise project by EDT and terminate on June 1, 2015 (not less than
one year, or more thanfive (5) years after the date of designation).
Should any section or part of this ordinance be held unconstitutional,
illegal, or invalid, or the application to any person or circumstance for any
reasons thereof ineffective or inapplicable, such unconstitutionality,
illegality, invalidity, or ineffectiveness of such section or part shall in no
way affect, impair or invalidate the remaining portions thereof; but as to
such remaining portion or portions, the same shall be and remain in
full force and effect and to this end the provisions of this ordinance
are declared to be severable.
The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting
of the City Council is posted at a place convenient to the public at the City
Hall ofthe city for the time required by law preceding this meeting, as
required by Chapter 551, Tx. Gov't Code; and that this meeting has been
open to the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 9.
This Ordinance shall be effective after its passage and approval.
PASSED AND APPROVED this the I fIG day of ~
CITY OF LA PORTE
~~J;
Mayor I
,2010.
ATTEST:
'1114U:kd~
City Secretary
APP~
-r?4~
Assistant City Attorney
The Enterprise Zone Program (EZP) was created to help companies grow and expand their business
in Texas. It is an economic development sales tax incentive partnering the state and local
government to help local employment and support business investment. As a company grows, they
are eligible to apply for a state sales tax refund. During these tough economic times, EZP has
supported more jobs than any other state incentive program.
Performance-Based Incentive
The EZP is performance-based and allows qualified businesses to receive a refund of state sales and
use taxes, ranging from $2,500-$7,500 per job created and/or retained during a five year designation
period, up to a maximum of $1.25-$3.75 million. The level and amount of refund is related to the
capital investment and jobs at the qualified business site.
Two Strong Economic Development Incentives
While the Texas Enterprise Fund (TEF) is an economic development tool used to assist in the State's
recruitment endeavors, the EZP can also assist with job retention efforts.
Jobs
Capital Investment
Funded Projects
Texas Enterprise Zone
100,264 (new & retained)
$15.8 Billion
198
Texas Enterprise Fund
56,002 (new)
$14.1 Billion
55
Sept. 1,2003 - Aug.31,2009
Program Requirements
Communities may nominate projects, for a designation period up to five years, non-inclusive of a
gO-day window prior to the application deadline. Employment and capital investment
commitments must be incurred and met within this timeframe.
Projects may be physically located in or outside of an enterprise zone. In a zone, a company commits
that 25% of their new employees will meet economically disadvantaged or enterprise zone
residency requisites. Outside a zone, a company commits that 35% of their new employees will meet
economically disadvantaged or enterprise zone residency requisites. Under statutory provisions, an
enterprise project designation may be granted for job retention.
Jobs must accumulate at least 1,820 hours during a 12-month period. Jobs must exist through the
end of the designated period, or at least three years after the date on which a state benefit is
received, whichever is later. Communities with a population of less than 250,000 may nominate up
to six projects per state biennium while those with a population of 250,000 or more may nominate
up to nine projects per state biennium.
Enterprise Zone Projects Approved
State Biennium FY2008-2009
Projects Approved
Designations Used
Projected Capital Investment
Projected New Jobs
Projected Retained Jobs
89
114
$5,772,038,667
13,068
38,693
1 - East Texas ($415.9M)
Cass County - International Paper Company, $1 SOM
Center- Tyson Farms,lnc.,$SM
Corrigan - Georgia-Pacific Wood Products, $46.8M
Harrison County - General Cable Industries, $SAM
Huntsville - Weatherford US, LP, $1 S.3M
Jacksonville - eTelecare Global Solutions, $1.9M
Limestone County - NRG Texas Power, $150.8M
Mount Pleasant - Sweet Shop Candies, $4AM
Polk County - Georgia-Pacific Wood Products, $65.5M
Tyler - Delek Refining, $30.8M
2 - Gulf Coast ($1.5B)
Baytown - NRG Texas Power, $13.7M
Bryan - Kent Moore Cabinets, $6M
Bryan - Sanderson Farms, SSM
College Station - Lynntech,lnc., $12M
Houston - Anheuser-Busch, $65M
Houston - Deloitte LLP, $61.4M
Houston - Grocers Supply Co., $1 SOM
Houston - Valero Refining-Texas, $21 S.SM
Liberty County - Georgia-Pacific Wood Products, $31 M
Matagorda County - NRG South Texas, $2S5M
Orange - INVISTA S.a r.l., $1 SOM
Pearland - Neela,lnc., $6M
Port Arthur - The Medical Center of SE Texas, SSM
Port Arthur - Total Petrochemicals USA,lnc., $268M
Rosenberg - Frito-Lay, Inc., $ 7.4M
Schulenburg - Dairy Farmers of America, $38M
Thompsons - NRG Texas Power, $201.2M
Waller County - RTG Furniture ofTexas, L.P., $SOM
3 - South Texas ($2B)
Bexar County - Tesoro Companies, Inc., $251 M
Boerne - Albany Engineered Composites, $34.6M
Calhoun County - Formosa Plastics Corporation, $600.7M
Cibolo - Kalmar RT Center, $1 O.9M
Comal County - TXI Operations, $260M
Corpus Christi - Berry Contracting, SSM
Corpus Christi - Flint Hills Resources, LP, $2S0M
Corpus Christi - Overhead Door, SSM
Corpus Christi - Stripes LLC, $5M
San Antonio - AGE Refining, $12.6M
San Antonio - Fred Loya Insurance Agency, $1 O.8M
San Antonio - Tindall Corporation, $2SM
San Antonio - Valero Services,lnc., $6.SM
Seguin - Caterpillar,lnc., $176.8M
Victoria - StarTek USA, Inc., $1 O.6M
Windcrest - Rackspace US,lnc., $436AM
4 - North Texas ($1.1 B)
Dallas - Niagara Bottling LLp, $56.4M
Dallas - Ryan,lnc., $5.5M
Dallas - Solo Cup, $3.9M
Fort Worth - DCFS USA, $17.5M
Fort Worth - EFW, $31.8M
Fort Worth - MillerCoors LLC, $1 04.7M
Gainesville - Allied Production Solutions, LP, $16.SM
Garland - Atlas Copco Drilling Solutions, $8.9M
Garland - Ecolab, $13M
Garland - MAPEl Corporation, $21.2M
Garland - The Sherwin-Williams Company, $7.7M
Irving - Frito-Lay,lnc., $S.7M
Little Elm - Retractable Technologies, $7.9M
Meridian - Double B Foods, $4.2M
North Richland Hills - Tyson Prepared Foods, $9.6M
Olney - AirTractor, SSM
Piano - Connecticut General Life Ins. Co., $38M
Richardson - Health Care Service, $26SM
Sunnyvale - Millard Refrigerated Services,lnc., $49M
Tarrant County - Bell HelicopterTextron, Inc., $266.7M
Vemon - Tyson Refrigerated Processed Meats, SSM
Waco - Associated Hygienic Products, $37.1 M
Waco - Caterpillar Logistics Services, $69.7M
Waco - L-3 Communications Integrated Systems, $15M
Waco - The Sherwin-Williams Company, SSM
Waxahachie - Owens Corning Insulating Sys., $23.2M
Waxahachie - Walgreen Co., $38M
5 - Valley ($95.9M)
Brownsville - T-Mobile USA, $17.SM
Edinburg - Doctors Hospital, $S9.4M
Harlingen - United HealthCare Svs., $6.3M
McAllen - Fred Loya Insurance Agency, $5.2M
McAllen - Infinity Insurance, $ 7.5M
6 - West Texas ($91.4M)
Brownwood - 3M Company, $7.6M
Brownwood - Kohler, $7.6M
Lubbock - Shearer's Foods Lubbock, $6.9M
Lubbock - WesTx Packaging Company, $6.1 M
Odessa - Odessa Regional Hospital, $SM
Potter County- Tyson Fresh Meats,lnc., $11 M
San Angelo - Glazer's Wholesale, $7.2M
San Angelo - Martifer-Hirschfeld Energy Systems, $40M
1 - Central Texas ($303.3M)
Austin - Otis Spunkmeyer, Inc., $17.8M
Austin - Spansion LLC, $280M
Travis County - Golfsmith International, $S.SM
8 - Upper Rio Grande ($31.2M)
EI Paso - ADp,lnc., $21 M
EI Paso - TheToro Company,$10.2M
People interested in the EZP should contact their city or county public officials. For more information,
visit the Governor's website at http://governor.state.tx.us/ecodevlfinancial_resources/tax_incentives/.
I~~~
Office of the Governor. Economic Development & Tourism Division
P.O. Box 12428 . Austin,Texas . 78711-2428
D
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Julv 26. 2010
Appropriation
Requested By: Steve Gillett
Source of Funds Street Maint. Sales Tax
Department: Public Works
Account Number: 033-7071-531-1100
Report:
Resolution:
Ordinance:
Amount Budgeted: $700,000
Exhibits: Project Map, Bid Tabulation
Amount Requested: $666,674.30
Exhibits: Enl!ineers Recommendation. Chanl!e Order
Budl!eted Item:
ves
SUMMARY & RECOMMENDATION
Advertised, Sealed Bid#10030 - La Porte 2010 Multiple Street Base Repair and Overlay was opened and
read on July 8, 2010. Bid requests were mailed out to eight (8) Contractors with four (4) returning bids for
street base repair and overlay with Angel Brothers being low bid at $876,162.60 for the base bid.
The streets identified for reconstruction are;
South Blackwell, Bayside Drive, Dwire, Bay Oaks, Bay Colony
These streets are identified for reconstruction due their severe deterioration and base failure.
Staff Recommendation:
After review of the bids and specifications the Design Engineer and staff recommend reducing the Hot
Mix Asphalt Base course from 8 inch thickness to 6.5 inch thickness due to the road use primarily being
residential traffic and to eliminate raising the crown of the road. The Design Engineer and staff also
recommend reducing extra unit items that will not be utilized in this project. Angel Brothers Construction
is in agreement with the changes through Change Order #1. Staff recommends award of bid and change
order #1 to Angel Brothers Construction.
Action Required bv Council:
Authorize the City Manager to execute a contract with Angel Brothers Construction for $876,162.60 and
thorize approval of Change Order #1 submitted by Angel Brothers for $(215,488.30) , for a total
rev ed contract of $660,674.30 Additionally authorize a contingency of $6,000.00 for a total
auth . tion of$ 66,674.30
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:!!: CobbFendley
July 15, 2010
Mr. Steve Gillett
Director of Public Works
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
VIA E-MAIL
ORIGINAL BY MAIL
Re: Recommendation of Contract Award
La Porte 2010 Multiple Street
Base Repair and Overlay
Sealed Bid #10030
CFA No. 1012-020-00
Dear Steve:
Bids received at 2:00 p.m. on Thursday, July 8, 2010, have been reviewed for completeness
and accuracy. Please find the bid tabulation that has been prepared and attached to this letter.
Angel Brothers Ent., Ltd., who are reputable contractors in the area, submitted the lowest total
bid of $876,162.60 for the full scope of work. However, the Department of Public Works has
decided to reduce the project scope of work. As a result, the contract for award is being
accompanied by Change Order No.1, which reduces the asphalt base course pavement section
on the full width repair streets from 8" to 6.5" in thickness and reduces the quantity of additional
work items. The complete description of changes can be found in Attachment "A" of Change
Order 1. The effective date of Change Order 1 shall be the same date that the last party fully
executes the contract documents.
Please note that the changes in the base course thickness will have little long term impacts on
the design life of the streets to be repaired because the cross section is comparable to design
pavement sections of neighboring municipalities.
The total amount of the contract award, including Change Order No.1 is $660,674.30. We
recommend award of a construction contract, with a signed Change Order No. 1 as described,
in the amount of $660,674.30 to Angel Brothers Ent. Ltd.
Sincerely,
Cobb Fendley
~~
Heath Lyle, P.E.
Project Manager
cc: Harlan Hartoon,
Vice President, Angel Bros.
D:\CF A\20 10\ 12020.street_ overlay\ENG\Bid Phase\Ltr. Bid recommendallon.doc
CHANGE ORDER
No.1
DATE OF ISSUANCE Julv 15.2010 EFFECTIVE DATE
OWNER City of La Porte
CONTRACTOR Angel Brothers. Inc
Contract:
Project: La Porte 2010 Multiole Street Base Reoair and Overlav
OWNER's Contract No. ENGINEER's Contract No. 1012-020-00
ENGINEER. Cobb. Fendley & Associates. Inc.
You are directed to make the following changes in the Contract Documents:
Description: Revise the scope of work by changing the pavement cross section for all the streets designated
for full width base repair and by reducing the extra item quantities.
Reason for Change Order: To reduce the project scope of work.
Attachments (List documents supporting change): Attachment ~ Description of changes
CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES
Original Contract Price: Original Contract Times:
Substantial Completion: 60
$ 876.162.60 Ready for final payment: 90
(days or dates)
Net Increase (Decrease) from previous Change Orders Net change from .previous Change Orders No. N/A to
No. - to -" No. - :
~. Substantial Completion: 0
$ N/A Ready for fmal payment: 0
(days)
Contract Price prior to this Change Order: Contract Times prior to this Change Order:
Substantial Completion: 60
$ 876.162.60 Ready for final payment: 90
(days or dates)
Net increase (decrease) of this Change Order: Net increase (decrease) this Change Order:
Substantial Completion: 0
$ (215.488.30) Ready for fmal payment: 0
(days)
Contract Price with all approved Change Orders: Contract Times with all approved Change Orders:
Substantial Completion: 60
$ 660.674.30 Ready for final payment: 90
(days or dates)
RECOMMEND7iD: fl
By: ~~ 't,E.
ENGINEER (Authorized Signature)
Date: -=t I \S II 0
APPROVED:
By:
ACCEPJEDj, ./ J.
By:/~ *-/~
CONTRACTOR (Authorized Signature)
Date: 7hSlZCT(O
.
OWNER (Authorized Signature)
Date:
EJCDC 1910-8-8 (1996 Edition)
Prepared by the Engineers Joint Contract Docwneols Committee and endorsed by The Associated General Contractors of America and the Construction Specification
Institute.
PROJECT: La Porte 2010 Multiple Street Base Repair and Overlay
ATTACHMENT "An - DESCRIPTION OF CHANGES FOR CHANGE ORDER 1
7/15/2010
DESCRIPTION OF CHANGES:
Revise the scope of work by changing the pavement cross section for all the streets designated for full width base repair and by
reducing the extra item quantities. The streets designated for full width base repair shall have the pavement cross section changed
via a reduction in the thickness of Hot Mix Asphalt Base Course, Type A Coarse Base (02711) from 8" thick to 6.5" thick. The
streets designated for full width base repair are described as follows: 29 - S. Blackwell from Main to East "A", 30 - S. Blackwell
from East "A" to Park, 33 - Dwire from Broadway to Bay Oaks Dr., 34 - Dwire from Bayshore to Bay Oaks Dr., 3S - Bayshore
from Bay Oaks to Dwire, and 36 - Bay Oaks from Broadway to Dead End. Please refer to Appendix "A" of the contract documents
for the complete street list in numbered order.
GENERAL WORK ITEMS Anael Bros. Bid Prices
Item Item Unit Original Deducted Unit Price Total in
(this column
No. Description Measure Quantity Quantity concrols) figures
2 Hot Mix Asphalt Bsse Course, Type A Coarse Base Ton 9,687 .1,403 $ 5 1.00 $ (71,553.00)
(02711 )
SUBTOTAL DEDUCTED GENERAL WORK ITEMS S (71,553.00)
Extra Work Items
I Hot Mix Asphalt Base Course, Type A Coarse Base Ton 1,937 1,537 $ 51.00 $ (78,387.00)
(02711)
2 Hot Mix Asphalt Surface Course, includes transition and Ton 506 306 $ 56.00 S (17,136.00)
trim milIinl! (02741)
3 8" Pavement and Subgrade Removal (02221) SY 2206 314 $ 1.95 $ (612.30)
4 Exo:a Undercut Excavation cy 3000 2,600 $ 15.00 $ (39,000.00)
5 Cement Stabilized Sand (02321) Ton 500 400 $ 22.00 S (8,800.00)
SUBTOTAL DEDUCTED EXTRA WORK ITEMS $ (143,935.30)
TOTAL DEDUCTION $ (215,488.30)
1of1
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Julv 26. 2010
Appropriation
Requested By: Kathv Powell
Source of Funds:
Department: Finance
Account Number:
Report:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits: Industrial District Al!reement
Budgeted Item:
(YES)
NO
Exhibits:
SUMMARY & RECOMMENDATION
The City and Industry have agreed to renew the provisions of the Industrial District Agreement for a twelve year
period. The current agreements will expire on December 31, 2019, the common date for the Battleground and
Bayport Industrial Districts.
FR/CAL Interport, LLC has requested to execute an Industrial District agreement with the City of La Porte for a
portion of the land which is being split out of US Industrial REIT II which is covered under Ordinance 2007-IDA-
109.
Staff recommends City Council authorize the execution of Industrial District Agreement with FR/CAL Interport,
LLC.
. Ordinance No. 2007-IDA-121
FR/CAL Interport, LLC
Action Required bv Council:
Consider approval of the ordinance 2007-IDA-121 authorizing the execution by the City of La Porte ofIndustrial
Dis' greement listed above.
7/~ lID
Date
ORDINANCE NO. 2007-IDA-121 .32& 3
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH FRlCAL INTERPORT, LLC~ LIMITED LIABILITY
COMPANY FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER
31, 2019, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT,
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN
EFFECTIVE DATE HEROF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. FRlCAL Interport, LLC, a Limited Liability Company has executed an
industrial district agreement with the City of La Porte, for the term commencing January 1,
2008, and ending December 31, 2019, a copy of which is attached hereto, incorporated by
reference herein, and made a part hereof for all purposes.
Section 2. The Mayor Pro-Tem, the Assistant City Manager, the City Secretary, and
the City attorney of the City of La Porte, be and they are hereby, authorized and empowered to
execute and deliver on behalf of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3. The City Council officially finds, determines, recites, and declares ti"lat a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the city for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after its- passage and approval, and it is
so ordered.
1
PASSED and APPROVED, this 26th day of July 2010.
CITY OF LA PORTE
ATTEST:
~~~
a. a Gillett, City Secretary O'
APPROVED:
Ud7~
Clark Askins, Assistant City Attorney
2
NO. 2007-IDA-/~(
STATE OF TEXAS
COUNTY OF HARRIS
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE/ TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and P\2./ C-Al- :tATefl-po.e:r, LL..<!.--
, a 1 ;M~'k~ l14b:L"t'1 ~~~'1 Gorporat:i..on, hereinafter
called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures
from time to time as are permitted by law and which will tend to
enhance the economic stability and growth of the City and its
environs by attracting the location of new and the expansion of
existing industries therein, and such policy is hereby reaIfirmed
and adopted by this City Council as being in the best interest of
the City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
"District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "Districtll, such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter
"Land"); and said Land being more particularly shown on a plat
attached as Exhibit "BII, which plat describes the ownership
boundary lines; a site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the Land
previously annexed by the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth
of . industrial plants wi thin said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
FINAL DRAFT: November 1, 2007
1
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, City and Company hereby
agree with each other as follows:
I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed
pursuant to the terms of this Agreement. Subject to the foregoing
and to the later provisions of this Agreement, City does further
covenant, agree and guarantee that such industrial district, to
the extent that it covers said Land lying within said District and
not now within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and 13hall have no right to have extended to it any
services by City, and tr~t all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of
land, (b) prescribing any building, electrical, plumbing or
inspection code or codes, or (c) attempting to exercise in any
manner .whatever control over the conduct of business thereon i
provided, however, any portion of Land constituting a strip of
land 100' wide and contiguous to either Fairmont Parkway, State
Highway 225, or State Highway 146, shall be subject to the rules
and regulations attached. hereto as Exhibit "C" and made a part
hereof; and provided, however, it is agreed that City shall have
the right to institute or intervene in any administrative and/or
judicial proceeding authorized by the Texas Water Code, the Texas
Clean Air Act, the Texas Health & Safety Code, or other federal or
state environmental laws, rules or regulations, to the same extent
and to the same intent and effect as if all Land covered by this
Agreement were not subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full Ci ty ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 62l, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended),
the appraised. value for tax purposes of the annexed portion of
Land, improvements, and tangible personal property shall be
determined by the Harris County Appraisal District. The parties
hereto recognize that said Appraisal District has no authority to
appraise the Land, improvements, and tangible personal property in
the unannexed area for the purpose of computing the "in lieu"
2
payments hereunder. Therefore, the parties agree that the
appraisal of the Land, improvements, and tangible personal
property in the unannexed area .shall be conducted by City, at
City's expense, by an independent appraiser of City's selection.
The parties recognize that in making such appraisal for "in lieu"
payment purposes, such appraiser must of necessity appraise the
entire (annexed and unannexed) Land, improvements, and tangible
personal property.
Nothing herein contained shall ever be interpreted as lessening
the authority of the Harris County Appraisal District to establish
the appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax pUrposes.
III.
A. The properties upon which the "in lieu of" taxes are assessed
are more fully described in subsections 1, 2, and 3 of subsection
C, of this Paragraph III (sometimes collectively called the
"Property") : provided, however, pollution control equipment
installed on the Land which is exempt from ad valorem taxation
pursuant to the provisions of Sec. 11.31 of the Texas Property Tax
Code is exempt from ad valorem taxation and "in lieu of taxes"
hereunder. Property included in this Agreement shall not be
entitled to an agricultural use exemption for purposes of
computing uin lieu of taxes" hereunder.
B. On or before the later of December 31, 2008, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2019, Company
shall pay. to City an amount of "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year'i) .
C. Company and City agree that the following percentages
("Percentage Amount") shall apply during each of the Value Years:
Value Year 2008: 62%
Value Year 2009: 62%
Value Year 2010: 62~
Value Year 2011: 62%
Value Year 2012: 62%
Value Year 2013: 62%
Value Year 2014: 63%
Value Year 2015: 63%
Value Year 2016: 63%
Value Year 2017: 63%
Value Year 2018: 63%
Value Year 20J:9: 63%
Company agrees to pay to City an amount of "-in lieu of
taxes" on Company's land, improvements and tangible
personal property in the unannexed area equal to the sum
of:
3
1. Percentage AmoUnt of the amount of ad valorem taxes
which would be payable to City if all of the Company's
Land and improvements which existed on January I, 2008,
and each January 1 thereafter of the applicable Value
Year during the term of this Agreement, (excluding
amounts which would be so payable with respect to any
Substantial Increase in value of such Land and
improvements to which subparagraph 2, below applies),
had been within the corporate limits of City and
appraised each year by City's independent appraiser, in
accordance with the applicable provisions of the Texas
Property Tax Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2007, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation),
for each Value Years following completion of
construction in progress, an amou-T1t equal to
Twenty-five percent (25%), if construction is
completed in Value years 2008 through 2013; and
Twenty percent (20%), if construction is completed
in Value years 2014 through 2019, of the amount of
ad valorem taxes which would be payable to City if
all of said new construction had been within the
corporate limits. of City and appraised by City's
independent appraiser, in accordance with the
applicable provisions of the Texas Property Tax
Code.
In the case of new construction which is completed
in Value Year 2016 or later, and provided,
further, that City and Company enter into an
Industrial District Agreement after the expiration
of this Industrial. District Agreement, then, and
in such events, such new construction shall be
entitled to additional Value Years under the new
Agreement at a Twenty percent (20%) valuation
under this subparagraph (a), for a total of six
(6) Value Years, but not extending beyond Value
Year 2022.
(b) A Substantial Increase in value of the Land,
improvements, ahd tangible personal property
(excluding inventory) as used in subparagraph 2{a)
above, is defined as an increase in value that is
the lesser or either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, . on
January I, 2001; or
ii. a cumulative value of at least $3,500,000.00.
4
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated belQw
the Property value established on January 11 2007,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2007, value; and
3 . Percentage }Unount of the amount of ad valorem taxes
which ~ould be payable to City on all of the Company's
tangible personal property of every description,
located in an industrial district of City, including,
without limitation, inventory, (including inventory in
a_federal Foreign Trade Zone and including Freeport
exempted inventory), oill gas, a...'T1d mineral interests,
items -of leased equipment I railroads, pipelines, a...'1.d
products in sl:.orage located en the Land, if all of said
tangible personal property which existed on January 1,
2008, and each January ~. thereafter of the applicable
Value Year during the term of this Agreement,
(excluding amounts which would be so payable with
respect to any Substantial Increase in value of such
tangible personal property to which subparagraph 2,
above applies), had been within the corporate limits of
City and appraised each year by the City's independent
appraiser, in accordance with the applicable provisions
of the Texas Property Tax Code.
wi th the sum of I, 2 and 3 reduced by the amount of City's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
4. Notwithstanding the above, should City elect to grant
the freeport inventory exemption authorized by Article
VIII, Section 1-j of the Texas Constitution and Section
11.251 of the Texas Property Tax Code to taxpayers
within the City. limits, then the freeport inventory
exemption shall apply to parties to this Agreement.
Further, should inventory or any other class or type of
property become exempt from taxation by constitutional
amendment or act of the Texas Legislature (including,
but not limited to, Article VIII, Section 1-n, of the
Texas Constitution and Section 11.253 of the Texas
Property Tax Code), such class or type of property
shall be exempt for purposes of this A.greement, unless
the City Council of. the City of La Porte shall by
Ordinance provide for the continued taxation of such
property under the authority of any applicable
provisions of the Texas Constitution CL~d Texas
Statutes.
5
5. City and Company acknowledge circumstances might
require the' City to provide emergency _services to
Company's Property described _ on Exhibit "A" attached
hereto. Emergency services are limited to -fire,
police, and public works emergency services. If
Company is not a- meniber of Channel Industries Mutual
Aid Association (CIMA), Company agrees to reiniburse
City for -its costs arising out of any emergency
response requested by - Company to Company I s property,
and to which. City agrees to respond. If Company is a
member of CIMA, the obligations of Company and City
shall be governed by the CIMA agreement, to which
agreement City is a party.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2008, and continuing thereafter until December 31,
2019, unless extended for an additional period or periods of time
upon mutual consent of Company ana City as provided by the
Municipal Annexation Act i provided, however, that in the event
this Agreement is not so extended for an additional period or
periods of time on or before August 31, 2019, the agreement of
City not to annex property of Company within the District shall
terminate. In that event, city shall have the right to commence
immediate annexation proceedings as to all of Company's property
covered by this Agreement, notwithstanding any of the terms and
provisions of this Agreement.
Company agrees that if the Texas Municipal Act, Section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of
the State of Texas which imposes greater restrictions on the right
of City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation
of such land, Company will waive the right to require City to
comply with any such additional restrictions or obligations and
the rights of the parties shall be then determined in accordance
with the provisions of said Texas Municipal Annexation Act as the
same existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
oWners of all land within the District of which it is a part.
VI.
A. - In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris
Courity Appraisal District for any year or years during the terms
hereof, nothing in this Agreement shall preclude such protest and
6
Company shall have the right to take all legal steps desired by it
to reduce the same.
Notwithstanding such protest by Company, and except as otherwise
provided in Article VI (B), Company agrees to pay to City on or
before the date therefore hereinabove provided, at least the total
of (a) the total amount of ad valorem taxes on the annexed
portions, plus (b) the total amount of the "in lieu of taxes" on
the unannexed portions of Company's hereinabove described property
which would be due to City in accordance with the foregoing
provisions of this Agreement on the basis of renditions which
shall be filed by Company.
When the City or Harris County Appraisal District .(as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other finaI conclusion
of the controversy, then within thirty (30) days thereafter
Company shall make payment to City of any additional payment due
hereunder, or City shall make payment to Company of any refund
due, as the case may be, based on such final valuation, together
with applicable penalties, interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II
above (which shall be given in writing to Company), Company shall,
within twenty (20) calendar days of receiving City's invoice, give
written notice to the City of such disagreement. In the event
Company does not give such written notice of disagreement within
such time period, the appraisal made by said independent appraiser
shall be final and controlling for purposes of the determination
of "in lieu of taxes" payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall
also submit to the City with such notice a written statemeilt
setting forth what Company believes to be the market value of
Company's hereinabove described property. Both parties agree to
thereupon enter into gor;>d faith negotiations in an attempt to
reach an agreement as to the market value of Company I s property
for lIin lieu" purposes hereunder. If, after the expiration of
thirty (30) days from the date the notice of disagreement was
received by City, the parties have not reached agreement as to
such market valuer the parties agree to submit the dispute to
final arbitration as provided in subparagraph 1 of this Article
VI (B) . .
Notwithstanding any such disagreement by Company, Company agrees
to :pay to City on or before December 31 of each year during the
term hereof, at least the total of (ci.) the ad valorem taxes on the
annexed portions, plus (b) the total amount of the. "in lieu"
payments which would be due hereunder on the ~asis of Company's
written valuations statement submitted to City by Company
hereunder, or the total assessment and "in lieu of taxes" thereon
for the l~st preceding year, whichever is higher.
7
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a
written request that the Chief Judge of the U.S.
District Court for the Southern District of Texas
appoint the third arbitrator who, (as the "Impartial
Arbitrator") shall preside over the arbitration
proceeding. The sole issue to be determined in the
arbitration shall be resolution of the difference
between the parties as to the fair market value of
Company's property for calculation of the " in lieu"
payment and total payment. hereunder for the year in
question. The Board shall hear and consider all
relevant and material evidence on that issue including
expert opinion, and shall render its written decision
as promptly as practicable. That decision shall then
be final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas Civil Practice and Reme-dies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall
bear its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of II in lieu
of taxes" payments hereunder, which shall accrue penalty and
interest in like manner as delinquent taxes, and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes.
VI II.
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the
property belonging to it within the territory hereinabove
described, and the agreements herein contained shall be held to be
covenants running with the land owned by Company situated within
said territory, for so long as this Agreement or any extens-ion
thereof remains in force. Company shall give City written notice
within ninety (90) days, with full particulars as to property
assigned and identity of assignee, of any disposition of the Land,
and assignment of this Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
8
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the mbre
favorable terms of such agreement or renewal agreement:
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
Without Euch agreement neither party hereto would enter into this
Agreement. In the event anyone or more words, phrases, clausest
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent
of and separable from the remainder of this Agreement and the
validity of the remaining parts of this Agreement shall not be
affected thereby.
XI.
Open the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
XII.
Notices by a party to the other party hereto, shall be mailed or
delivered as.follows:
To the City of La Porte:
City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
Fe.. ) eAt" Tf\W~rt; L-L c....
, (COMPANY)
Attention:()p~~O^S Department
'--100 -POSI oit..fc- IA 'vtA., ~:tii ~ 3.0(.'\
LJ1,., .. '
~<-ron: l~fAS 77Dr~
To Company:
Company shall promptly notify City of any change of ownership of
Property, any assignment of this Agreement, and of any change of
billingaddr-ess. .
Company shall notify City annuallYt on or before June 1, of any
changes to the following information:
9
Plant Manager
Name: , I f'^- <) ~'f~l("""
Address: l'feo l'o,)t O~~ ~I" ct f:f:66o
H0t4~, T)t '7'lO~
Phone: 113-- .1.'1-3- "'~KIJ
Fax: 7/.1 - ~fl -Df~1
Email: -r.-rGt.->.jd@fd.sh.l~stT lA./, c:..nv....
Tax Agent/Billing Contact
Name: .s~e
Address:
Phone:
Fax:
Email :
ENTERED INTO effe~tive the 1st day of January, 2008.
F f<. / eAt- :J;r\ ~PDr1'"": t....L.C-
~COMPANY)
By:
Name:
Title:
Address:
By:
,
APPVZJ
Knox W. Askins
City Attorney
City of La Porte
(
By:
P.O. Box 1.218
La Porte, TX 77572-1218
281.471..1.8:86
281..471.,2047 fax
knoxaskins@comcast.net
CITY OF LA. PORTE
OO~ West Fairmont Parkway
La Porte, TX 77571.
10
STATE OF TEXAS
COUNTY OF HARRIS
day of
~ r
corpora~ion, a corporation,
~Q~exas
~}
V
MNIIkN. SlJIERS.
MY COMMISSION EXPIRES
FeIlMIy 15,.2ID14
STATE OF TEXAS J
: J Lc.DV\ (F .--
COUNTY OF HARRIS' ~tAf') Pi'/) I (.~
~ThiS instrument was r.._CknOWledged before m{on theH day of
, 20{11-, by fcL.L.L.Y Be:a.s1 ClY " Mayor of the City of La
Porte a municipal corporation, on behalf of said entity.
~h1:t/1~
Notary Public, State of Texas
-
- - - - -
.@
MARTHA GILlETT
My Commission ExpIm
August 31. 2013
11
"EXHIBIT A"
(Metes and Bounds Description of Land)
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Attach Plat reflecting the ownership boundary lines; a
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Land previously annexed by the City of La Porte.)
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"EXHIBIT eN
Page 1 of 3
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 146 shall be subject to the following rules and
regulations pertaining to new signage, screening, dri veways and
median crossovers. These rules and regulations shall apply after
the effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "An
which is adjacent to Fairmont Parkway, State Highway 225, or State
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
~ One freestanaing identification sign shall be permitted
for each side of an industrial establishment that
fronts on an improved public right-of-way.
~ ~reestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
~ One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
~
Freestanding identification signs for
businesses shall not exceed 350 square feet.
multiple
~ Freestailding identification signs shall not exceed 45
feet in height.
~ Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100 I strip is developed, the
initial SO'of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, State Highway
225, or State Hig}lway 146 shall be screened by one of the
following techniques:
a) Leaving in place existirtg trees, vegetation,underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen_
14
"EXHIBIT e"
Page 2 of 3
b} The use of earthen berms with approximately 3: 1 side
slopes, 50 I wide at the base and 8 I high. .The berms
may be landscaped with a combination of trees, shrubs,
and ground cover. All berms and landscaping. will be
maintained by the property owners.
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground
cover that after 5 years growth will be at least 20
feet in height and shall, together with shrubs and
ground cover, create a continuous visual screen.
Provided,however, in public utility easements or
rights-of-way, the vegetation shall be installed and
maintained in a manner which is acceptable to the
public utility company, and does not interfere with the
operation and maintenance of the public utility
facilities.
For i terns b and c above, the actual length of required
screening along the roadway will be equal to the length OI
the new development that is parallel to the roadway.
Screening shall not be required for new development that is
to the rear of or behind existing facilities.
In all cases the 50' strip, along the entire roadway
frontage, shall be dedicated as a landscape easement and
shall be kept free from arry improvements except for approved
driveway access and identification signs.
For cases of new development or improvements where a 50 I
landscape easement is not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative.
d) In the case of land contiguous to Fairmont Parkway, in
addition to the other requirements of these Rules and
Regulations, Company shall dedicate to City by Plat a
ten foot (10') wide pedestrian and bicycle easement,
extending along Company I s Fairmont Parkway boundary ,
within the fifty foot (50') landscape easement. The
pedestrian easement shall not be wi thin any pipeline
facility, except for necessary crossings.
3. Driveways opening from said strip of land onto State Highway
225 or State Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is
more restrictive.
Driveways opening-from said stri-p of larid onto Fairmont
Parkway shall be subj ect to the rules and regulations of
Harris County and prov~s~ons of the City's Code of
Ordinances, whichever is more restrictiv~.
II EXHIBIT C B
Page 3 of 3
4 . Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
G
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Julv 26. 20 I 0
Appropriation
Requested By:
Stephen L. Barr
Source of Funds:
Department:
Parks & Recreation
Acc 't Number:
Report: _Resolution: _Ordinance: -X-
Amount Budgeted:
N/A
Exhibits:
Ordinance
Amount Requested:
N/A
Exhibits:
Agreement
Budl1eted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
The City of La Porte through the Parks & Recreation Department has worked with Linda Witt and the
Witt family to provide concession services at the Sylvan Beach Fishing Pier since its opening in January
1995. As you may recall, the Sylvan Beach Fishing Pier was destroyed by Hurricane Ike in September
2008. The current concession contract with Ms. Witt expired on October 31, 2009 but was not
renewed at that time because the pier was inoperative. Now the pier is ready to be operated again.
Since the inception of their contract the Witt family has provided reasonable service for patrons of the
pIer.
The new agreement before you is for a one (1) year term, with a three (3), one (1) year extensions. The
concession operation with Linda Witt is in conjunction with the Harris County Agreement for operation
of the Bait Camp at Sylvan Beach. Under terms of the Agreement, Ms. Witt pays electrical costs for the
pier, and also pays for the Texas General Land Office Coastal Lease fee out of their 1/3 share of the
revenues generated. As before, the other 2/3 shares of revenue generation (1/3 City and 1/3 County
shares) will go into the escrow fund for repair of catastrophic damage to the pier, and for Sylvan Beach
Park improvements. The pier escrow fund has been depleted by the restoration project. It is operated
through the City's agreement with Harris County and is adjusted annually for inflation. Once the
escrow amount has been reached, at some point in the future, the remainder will be set aside for future
improvements for Sylvan Beach.
Except for the length of term, the base concession agreement proposed has no major changes
from the current Agreement. Staff recommends approval of the proposed Concession Agreement.
Action ReQuired bv Council:
Consider approval of an Ordinance authorizing the City Manager to execute an Agreement with
amell Witt for concession operations at the Sylvan Beach Fishing Pier.
Ron Bottoms, City Manager
7 4l /to
Date
9ytva1 EeOOl pa- Gn:Ession Pqrwrert Clrd"narce
ORDINANCE NO 10 - &;2. (p t.{
AN ORDINANCE APPROVING AND AUTHORIZING A CONCESSION
AGREEMENT BElWEEN THE CITY OF LA PORTE AND LINDA DARNELL
WITT TO OPERATE AND MANAGE THE SYLVAN BEACH PARK PIERi
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAID
CONCESSION AGREEMENTi MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECTi FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAWi PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE cm COUNCIL OF THE cm OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the
Concession Agreement in substantially the form as shown in the document which
is attached hereto and incorporated herein by this reference, by and between the
City of La Porte and Linda Darnell Witt, for concession operation and
management of the Sylvan Beach Park pier in accordance with the rules,
covenants and conditions set out in said Concession Agreement. 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 hereby grants Linda Darnell Will an
exclusive contract as concessionaire of the Sylvan Beach Park pier for the City of
La Porte consistent with the terms of the Concession Agreement and this
Ordinance.
Section 3. The City Council officially finds, determines, recites, and
declares that a suffjc~ent written notice of the date, hour, place and subject of
Sylvan Beach Pier Concession Agreement Ordinance
this meeting of the City Council was posted at a place convenient to the public
at the City Hall of the City for the time required by law preceding this meeting,
as required by the Open Meetings Law, Chapter 551, Texas Government Code;
and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been
discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and
posting thereof.
Section 4. This Ordinance shall be effective from and after its passage
and approval, and it is so ordered.
PASSED AND APPROVED, this ~fI? day of July, 2010.
CITY OF LA PORTE
By:
Q;t;~
Daryl Leonard, Mayor Pro Tern
ATTEST:
LfnfUdt# r1dtI
Martha Gillett, City Secretary
AP;;::7~
Knox W. Askins, City Attorney
Sylvan Beach Pier Concession Agreement Ordinance
ORDINANCE NO 10 - 3d & vi
AN ORDINANCE APPROVING AND AUTHORIZING A CONCESSION
AGREEMENT BETWEEN THE CITY OF LA PORTE AND LINDA DARNELL
WITT TO OPERATE AND MANAGE THE SYLVAN BEACH PARK PIER;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAID
CONCESSION AGREEMENT; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the
Concession Agreement in substantially the form as shown in the document which
is attached hereto and incorporated herein by this reference, by and between the
City of La Porte and Linda Darnell Witt, for concession operation and
management of the Sylvan Beach Park pier in accordance with the rules,
covenants and conditions set out in said Concession Agreement. 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 hereby grants Linda Darnell Will an
exclusive contract as concessionaire of the Sylvan Beach Park pier for the City of
La Porte consistent with the terms of the Concession Agreement and this
Ordinance.
Section 3. The City Council officially finds, determines, recites, and
declares that a sufficient written notice of the date, hour, place and subject of
Sylvan Beach Pier Concession Agreement Ordinance
this meeting of the City Council was posted at a place convenient to the public
at the City Hall of the City for the time required by law preceding this meeting,
as required by the Open Meetings Law, Chapter 551, Texas Government Code;
and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been
discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and
posting thereof.
Section 4. This Ordinance shall be effective from and after its passage
and approval, and it is so ordered.
PASSED AND APPROVED, this~ day of July, 2010.
CITY OF LA PORTE
By:
ATIEST:
~ctr~
APPROVED AS TO FORM:
m~k)~
Knox W. Askins, City Attorney
CONCESSION AGREEMENT
THE STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
This Agreement made and entered into by and between the City of La Porte, a body
corporate and politic under the laws of the State of Texas, hereinafter referred to as the
"City", and Linda Darnell Witt, hereinafter referred to as the "Concessionaire".
W!!NESSE!H
WHEREAS, the Concessionaire desires to assist the City in providing a fishing pier
to be made available for the enjoyment and benefit of the public at Sylvan Beach Park, and
WHEREAS, The Concessionaire has requested the City to use said pier for the
purposes hereinabove described, to be used by the general public, and
WHEREAS, The City desires to provide quality recreational opportunities for the
general public, and desires to permit the Concessionaire to use the said pier according to
the rules, covenants, and conditions hereinafter stated,
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That in consideration of the mutual covenants and agreements to both parties, it is
agreed as follows:
I.
Subject to the terms and provisions herein set forth, the City has granted and by
these presents grants to the Concessionaire, the right and privilege to operate the 1,100
foot fishing pier at Sylvan Beach Park, said fishing pier being more particularly described
on Exhibit "A" attached hereto. The term of the contract shall be for one (1) year beginning
August 1, 2010, and ending (unless sooner ended in accordance with the provisions
hereof) July 31,2011, with the option for the City to renew for a total of three (3) additional
one year periods,
II.
The Concessionaire and employees shall operate the fishing pier concession in
Sylvan Beach Park in its entirety and the Concessionaire shall make no sale, exchange or
assignment of rights under this Agreement, either in whole or in part, without the prior
Pier Concession Agreement, REVISED, 0710
Concession Agreement, page 1 of 9
written approval of the City Council of the City of La Porte.
III.
As consideration for this concession, the Concessionaire shall pay, without demand,
a monthly concession fee in an amount equal to two-thirds (2/3) of the gross user fees
collected for the use of the pier. Gross User fee is defined as the total gate receipts less
any federal, state, and/or local taxes. The concession fee will be due and payable on or
before the 10th day of each month for the preceding month's activity. The Concessionaire
agrees to maintain documentation, on forms to be developed and provided by the City and
adhere to guidelines established by the City, of daily use and payments received. The
Concessionaire agrees to furnish to the City any and all reports which City may require
covering all receipts and income of the concession, and agrees that her books and other
records may be examined by the City or City Auditor or any other officer of the City at any
reasonable time. The Concessionaire agrees to keep and maintain said records and
books in La Porte. The Concessionaire may, on a daily basis, report and deposit with the
City all admission revenues generated by the pier operation. The City shall remit to the
Concessionaire the amount due to the Concessionaire pursuant to this agreement on a
monthly basis.
IV.
The Concessionaire shall operate and manage the fishing pier. Admission rates will
be set through negotiation with the City and shall be reasonable and equal to those
charged by concessionaires in comparable facilities. The Concessionaire agrees to
conform to the rates as set. The Concessionaire shall post a schedule of such fees, rates,
and prices at all times in a conspicuous place on the premises.
V.
During the term of this Agreement, Concessionaire's and City's obligations
hereunder, in addition to others specified herein, shall be as follows:
(a) The Concessionaire will abide by all applicable federal, state, and
municipal laws, ordinances, rules and regulations. Concessionaire
must obtain, at her own expense, all licenses and permits required for
the operation of said fishing pier and make the same accessible at all
times to city, county, state, and federal officers. Concessionaire
agrees to pay all federal and state permit and lease fees. The City
agrees to pay required state permit and lease fees from the
Concessionaire's share of collected receipts according to the following
formula:
15% of total permit fee for each of the months of June, July, August,
Pier Concession Agreement, REVISED, 0710
Concession Agreement, page 2 of 9
& September of each year of the agreement.
5% of total permit fee for each of the months of October, January,
February, March, April, & May for the term of the agreement.
The payment schedule specified above shall begin in the month
following the date this agreement is executed and continue until the
agreement is terminated.
(b) The Concessionaire will pay all applicable local, state, and federal
taxes incident to the operation of said fishing pier.
(c) The Concessionaire will place no vending machine in the area of the
fishing pier without the prior written approval of the City Parks &
Recreation Director or his designated representative.
(d) The Concessionaire will abide by such opening and closing hours of
the fishing pier as the Commissioners Court of Harris County and the
City may, from time to time, prescribe and will post such hours of
opening and closing at the fishing pier.
(e) The Concessionaire agrees to open the pier to the public, at no
charge, on the following dates: (a) Sylvan Beach Day; (b) Bay Day;
and (c) three (3) other dates to be determined by the City and/or
Harris County, and coordinated with the Concessionaire.
(f) The Concessionaire will sell no beer, wine, liquor, or other such
alcoholic beverages on the fishing pier.
(g) The Concessionaire will keep the fishing pier and the entrance thereto
in a neat, clean, and sanitary condition.
(h) The Concessionaire will be responsible for all routine or minor
maintenance of the pier. The City will be responsible for all major
repairs to the pier. For purposes of this Agreement, a Major Repair
shall be defined as: any purchase of materials and labor in excess of
$200.00 for any particular event, including normal wear and tear,
requiring repair of the pier.
(i) The Concessionaire will not permit on the pier, or in the immediate
vicinity of the pier, any disorderly conduct or practice in violation of
any federal, state, or municipal laws, rules, regulations, or ordinances;
of a sort likely to bring discredit upon the City or its governing body.
Pier Concession Agreement, REVISED, 0710
Concession Agreement, page 3 of 9
U) The Concessionaire will treat the public with courtesy and respect at
all times. Complaints will be investigated by the Parks & Recreation
Director or his designated representative and, if found to be just, be
resolved to the satisfaction of said Director.
(k) The Concessionaire will neither place, nor cause to be placed, any
sign, projection, advertisement, or device of any kind whatsoever on
the fishing pier or on the streets adjacent thereto without prior written
consent of the City.
(I) The Concessionaire will be responsible for all costs and expenses
incidental to operating the fishing pier.
(m) The City will provide electrical and water utilities to the pier, and shall
be responsible for maintenance and repair of electrical systems for
the pier. The City will be responsible for payment of water utility
costs. The Concessionaire will be responsible for payment of
electrical utility costs.
(n) The City will be responsible for providing a facility for ticket sales at
the entrance to the pier. Said facility shall be of a design mutually
approved by the City and the Concessionaire. The Concessionaire
will be responsible for maintenance and repair of said facility for the
duration of this Agreement. The Concessionaire will be responsible
for providing any barricades required to limit access to the pier and to
direct patrons to the facility for ticket sales or other purpose.
(0) The City will be responsible for providing trash receptacles for the pier
and entrance to the pier; the Concessionaire will be responsible for
providing plastic liners for the receptacles.
(p) It is expressly the Concessionaire's responsibility and duty to remove
and properly dispose of the trash and garbage resulting from the
public use of the fishing pier and seeing to it that the same is put in
suitable closed containers. Containers shall be picked up and hauled
away at least twice a week.
VI.
The Concessionaire shall permit the City's officers, employees, and agents to enter
into and upon the fishing pier for the purpose of inspecting and examining the condition
thereof.
Pier Concession Agreement, REVISED, 0710
Concession Agreement, page 4 of 9
VII.
The Concessionaire shall not by virtue hereof be deemed to have become a tenant
of the City, nor to have been given or accorded as against the City the possession of any
part of said fishing pier, but to such of the pier as the Concessionaire is hereunder entitled
to use, the Concessionaire shall be deemed merely to be a licensee permitted to enter
therein solely for the purpose of exercising therein the rights and privileges hereby granted.
VIII.
The Concessionaire shall keep and maintain during the term hereof, a
comprehensive general liability policy, with the City and Harris County named as additional
insured, with limits of liability of not less than one million dollars ($1,000,000.00) combined
single limit bodily injury and property damage per occurrence. The Concessionaire shall
annually furnish the City with a certificate of insurance evidencing such coverage. The City
and Harris County are to receive at least thirty (30) days prior written notice of cancellation
of said policies. Such insurance shall include contractual liability insuring the indemnity
agreements contained herein. Failure to maintain insurance will result in automatic and
immediate termination of this Agreement.
IX.
To the fullest extent permitted by applicable law, Concessionaire shall and does
hereby agree to indemnify, protect, hold harmless and defend the City of La Porte and
Harris County, Texas, and their respective heirs, legal representatives, partners, agents,
employees, directors, shareholders, subsidiaries, and affiliated companies if Indemnities
and of any of their respective partners, (herein collectively called the "Indemniteesn) from
and against all claims, demands, damages, injuries, losses, liens, causes of action, suit,
judgements, liabilities, costs, and expenses, including court costs and attorney's fees, of
any nature, kind or description (including without limitation, claims for injuries or death of
any person, or damages to or loss of any property) of any person or entity (including but
not limited to employees, agents, and subcontractors of Concessionaire, and their
dependents, and personal representatives, or other third parties), directly or indirectly
arising out of, caused by, in connection with, or resulting from (in whole or in part), (a) the
presence or activity of Concessionaire, its employees, agents, and representatives,
(including subcontractors on Indemnitee's premises, (b) the condition of the Indemnitee's
premises, the adjoining land, or any of the driveways, streets, or alleys used in connection
with the services of the Concessionaire, (c) the use of any equipment by Concessionaire
on Indemnitee's premises, whether belonging to Concessionaire, Indemnitee, or otherwise,
or the condition of said equipment, or (d) any act or omission of Concessionaire, any
Subcontractor, any of their respective employees, agents, servants, officers, directors,
partners, or anyone directly or indirectly employed by Concessionaire or any
Subcontractor, or anyone that either Concessionaire or any Subcontractor controls or
Pier Concession Agreement, REVISED, 0710
Concession Agreement, page 5 of 9
exercises control over (herein collectively called the "Liabilities").
THE OBLIGATIONS OF CONCESSIONAIRE UNDER THIS INDEMNIFICATION SHALL
APPLY TO LIABILITIES EVEN IF SUCH LIABILITIES ARE CAUSED IN WHOLE OR IN
PART BY THE SOLE OR CONCURRENT NEGLIGENCE OF ANY INDEMNITEE, AND
WHETHER OR NOT SUCH SOLE OR CONCURRENT NEGLIGENCE WAS ACTIVE OR
PASSIVE. Concessionaire shall promptly advise Indemnitees in writing of any action,
administrative or legal proceeding or investigation as to which this indemnification may
apply, and Concessionaire, at Concessionaire's expense, shall assume on behalf of
Indemnitees (and the other Indemnitees) and conduct with due diligence and in good faith
the defense thereof with counsel satisfactory to Indemnitees; provided, however that
Indemnitees shall have the right, at its option, to be represented therein by advisory
counsel of its own selection and at its own expense. In the event of failure by the
Concessionaire to fully perform in accordance with this Indemnification Agreement,
Indemnitees, at its option, and without relieving Concessionaire of its obligations
hereunder, may so perform but all costs and expenses so incurred by Indemnitees in that
event shall be reimbursed by Concessionaire to Indemnitees, together with interest on the
same from the date any such expense was paid by Indemnitees until reimbursed by
Concessionaire, at the highest lawful rate of interest allowed under applicable usury laws of
the State of Texas (or if no maximum rate is applicable, atthe rate often percent (10%) per
annum). This indemnification shall not be limited to damages, compensation or benefits
payable under insurance policies, worker's compensation acts, disability benefit acts or
other employee's benefit acts. It is agreed with respect to any legal limitations now or
hereafter in effect and affecting the validity of enforceability of the indemnification
obligation under this Section, such legal limitations are made a part of the indemnification
obligation and shall operate to amend the indemnification obligation to the minimum extent
necessary to bring the provision in to conformity with the requirements of such limitations,
and so modified, the indemnification shall continue in full force and effect.
x.
It is expressly understood and agreed that the City may terminate this Agreement
without cause at any time by giving the Concessionaire at least ninety (90) days written
notice of its intention to do so, specifying therein the effective date of such termination. It is
expressly agreed that the Concessionaire may terminate this Agreement prior to the
expiration of the term set forth above without cause upon ninety (90) days written notice to
the City. Notifications pertaining to any part of this Agreement shall be made as follows:
THE CITY:
City of La Porte Parks & Recreation Department
1322 S. Broadway
La Porte, Texas 77571
Attention: Director of Parks and Recreation
Pier Concession Agreement, REVISED, 0710
Concession Agreement, page 6 of 9
THE CONCESSIONAIRE: Ms. Linda Darnell Witt
422 South Blackwell Street
La Porte, Texas 77571
HARRIS COUNTY:
The Honorable Sylvia Garcia,
Commissioner, Precinct 2
Harris County Commissioner's Court
7330 Spencer Highway
Pasadena, Texas 77505
XI.
The Concessionaire shall not allow any liens or any other encumbrances to attach to
the leased premises.
XII.
Whenever the terms of this Agreement conflict with the terms of the Agreement with
the City and Harris County, Texas, dated April 12. 1994 (attached hereto), amended and
extended, the parties agree that the terms of the Harris County Agreement control, to the
extent of such conflict only. Otherwise, this Agreement is to be construed in relationship
with the Harris County Agreement insofar as possible.
XIII.
The provisions of this Agreement which assign certain rights to the City, shall be
construed to also be shared by Harris County insomuch as they are in accordance with the
terms of the Agreement between the City and Harris County, Texas, dated April 12, 1994.
The foregoing does not apply to Section X, which allows the City unilaterally
to terminate this Agreement without cause, and also does not apply to Section III,
which governs payment. The City's and Harris County's rights and obligations
regarding payment are more specifically set forth in the Agreement between the City
and Harris County dated April 12, 1994.
XIV.
This instrument contains the entire Agreement between the parties related to the
rights herein granted and obligations herein assumed. Any oral or written representations
or notifications concerning this instrument shall be of no force or effect excepting a
subsequent modification in writing signed by both parties hereto.
Pier Concession Agreement, REVISED, 0710
Concession Agreement, page 7 of 9
IN WITNESS WHE~f, thecrurt~s hereto have executed this Agreement in multiple
copies on this the~y of ,2010 to become effective as provided above.
"CITY"
CITY OF LA PORTE
A al corporation
BY:
j(Cf -e/-tl,t I
ATTEST:
..
APO~tV
KNOX W. ASKI NS
CITY ATTORNEY
BY:
TITLE:
Concessionaire
Pier Concession Agreement, REVISED, 0710
Concession Agreement, page 8 of 9
CONCESSION AGREEMENT
EXHIBIT "A"
The 1,100 foot pier referred to in this agreement shall be the pier located on the following
described premises situated in Harris County, Texas, to-wit:
A 20 feet wide strip of land 10 feet on both sides of the herein described
centerline out of the Sylvan Beach Park on Galveston Bay in the City of La
Porte, Texas, out of the Johnson Hunter Survey, Abstract 35, Harris County,
Texas, and being more particularly described as follows:
Beginning at a set P.K. Nail marking the intersection of the centerline of an
existing wooden fishing pier and a wooden bulkhead.
Thence, in a Northwesterly direction, along the centerline of said wooden
fishing pier extended, a distance of 49.41 feet to a set P.K. Nail on the
southeast side of an existing parking lot for the POINT OF TERMINUS.
Pier Concession Agreement, REVISED, 0710
Concession Agreement, page 9 of 9
H
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Julv 26. 2010
Budeet
Requested By:
D. Wilmore
Source of Funds:
Department:
Plannin~
Account Number:
Report:
Resolution:
Ordinance: X
Amount Budgeted:
Proposed Changes
Amount Requested:
Exhibits:
Exhibits:
Ordinance
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
The city's original junked motor vehicle regulations (Ordinance #1387) were passed in October of 1983. There
have been two updates since that time with the last one being in October 1999. Following recent state law changes
enacted in the Transportation Code, the ordinance is again in need of an update.
Following meetings with staff and discussions with TML, legal utilized a TML model ordinance as a guideline and
developed the attached ordinance. The ordinance incorporates changes necessary to comply with recent state law
changes and would become effective fourteen (14) days after passage.
? !J~;'f)
Date
Section 34-166. Defmitions
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meanmg:
Antique vehicle means a passenger car or truck that is at least H.25 years old.
Demolisher means any person whose business is to convert a motor vehicle into
processed scrap or scrap metal, or otherwise to wreck or dismantle motor vehicles.
Junked vehicle means any motor vehicle as defined in V.T.C.A., Transportation Code ~
683.071 that is self-propelled and:
(1) Does not have lawfully attached to it:
a. An unexpired license plate; 6f-and
b. A valid motor vehicle inspection certificate; and
(2) Is wrecked, dismantled or partially dismantled, or discarded; or
(3) Is inoperable and has remained inoperable for more than:
a. 72 consecutive hours, if the vehicle is on public property; or
b. 30 consecutive days, if the vehicle is on private property.
Motor Vehicle means any motor vehicle subject to registration pursuant to the Texas
Certificate of Title Act.
Motor vehicle collector means a person who:
(1) Owns one or more antique or special interest vehicles; and
(2) Acquires, collects, or disposes of an antique or special interest vehicle or part of an
antique or special interest vehicle for personal use to restore and preserve an antique or
special interest vehicle for historic interest.
Special interest vehicle means a motor vehicle of any age that has not been changed from
original manufacturer's specifications and, because of its historic interest, is being preserved by a
hobbyist.
Storage Facility means a garage, parking lot, or any type of facility or establishment for
the servicing, repairing, storing, or parking of motor vehicles.
Page 1 of5
Sec. 34-167. Authority to enforce article provisions.
The city's Director of Planning, and/or his employees shall administer the removal of vehicles or
parts of vehicles from property. The City's Director of Planning and/or his employees, or his
authorized agent, or any peace officer, may enter upon private property for the purposes
specified in this article to examine vehicles or parts of vehicles, obtain information as to the
identity of vehicles, and to remove or cause the removal of a vehicle or parts of vehicles declared
to be a nuisance pursuant to this article. The municipal court of the city shall have authority to
issue all orders necessary to enforce such article.
Sec. 34-168. Location or presence within city deemed public nuisance; exceptions.
(a) The location or presence of any junked '/ehicle on any lot, tract, parcel of land or
portion thereof, occupied or unoccupied, improyed or unimproyed, within the city
shall be deemed a public nuisance, and it shall be unlav,ful for any person to cause or
maintain such public nnisance by wrecking, dismantling, rendering inoperable,
abandoning or discarding his vehicle on the property of another or to suffer, permit or
allow such vehicle to be placed, located, maintained or exist upon his o'.vn real
property; provided, however that this section shall not apply to a vehicle or part of a
vehicle that is:
(1) Completely enclosed within a building in a lawful manner '.vhere it is not
'/isible from the street or other public or pri'/ate property; or
(2) Stored or parked in a lawful manner on priyate property in connection v,'ith
the business of a licensed vehicle dealer or junkyard, or that is an antique or
special interest vehicle stored by a motor vehicle collector on the collector's
property, if the vehicle or part and the outdoor storage area, if any, are:
a. Maintained in an orderly manner;
b. Not a health hazard; and
c. Screened from ordinary public view by appropriate means, including a
fence, rapidly growing trees or shrubbery.
(b) The relocation of a junked vehicle that is subject to a proceeding for the abatement
and removal of said junked vehicle under this Code, does not constitute an abatement
of said junked '/ehicle nnisance, proyided that said junked vehicle constitutes a
public nuisance at the new location.
(a) A junked vehicle, including a part of a junked vehicle, that is located on private or
public property, occupied or unoccupied, improved or unimproved, and is visible at
any time of the year from a public place, public right-of-way, or private property is
detrimental to the safety and welfare of the general public, tends to reduce the value
of private property, invites vandalism, creates a fire hazard, is an attractive nuisance
Page 2 of5
creating a hazard to the health and safety of minors, and is detrimental to the
economic welfare of the City by producing urban blight which is adverse to the
maintenance and continuing development of the City, and such vehicles are therefore
declared to be a public nuisance.
(b) A person commits a misdemeanor offense if the person maintains a public nuisance
described in subparagraph "a" of this section, by locating a junked vehicle on private
or public property, in circumstances where the junked vehicle is visible at any time
of the year from a public place, public right-of-way, or private property or otherwise
causes or maintains such public nuisance by wrecking, dismantling, rendering
inoperable, abandoning or discarding his vehicle on his property or the property of
another. 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.
(c) This section shall not apply to a vehicle or part of a vehicle that is:
(1) Completely enclosed within a building in a lawful manner where it is not
visible from the street or other public or private property; or
(2) Stored or parked in a lawful manner on private property in connection with
the business of a licensed vehicle dealer or junkyard, or that is an antique or
special interest vehicle stored by a motor vehicle collector on the collector's
property, if the vehicle or part and the outdoor storage area, ifany, are:
a. Maintained in an orderly manner;
b. Not a health hazard; and
c. Screened from ordinary public view by appropriate means, including a
fence, rapidly growing trees or shrubbery.
(d) The relocation of a junked vehicle that is subject to a proceeding for the abatement
and removal of said junked vehicle under this Code, does not constitute an abatement
of said junked vehicle nuisance, provided that said junked vehicle constitutes a
public nuisance at the new location.
Sec. 34-169. Abatement or removal notice; contents; service.
(a) Whenever such public nuisance exists in the city in violation of this article, the
director of planning and/or his employees, who shall administer this article, shall not give
less than ten days' notice sent by certified mail with a five-day return requested to:
(1) The last known registered owner of the nuisance;
(2) Each lienholder of record of the nuisance; and
(3) The owner or occupant of:
a. The property on which the nuisance is located; or
Page 3 of5
b. If the nuisance is located on a public right-of-way, the property
adjacent to the right-of-way.
(b) Such notice shall state:
(1) The nature of the public nuisance on private property, public property or on a
public right-of-way;
(2) The nuisance must be abated and removed not later than the tenth day after
the date on which the notice was mailed; and
(3) Any request for a hearing must be made before that ten-day period expires.
(c) If the post office address of the last known registered owner of the nuisance is
unknown, notice may be placed on the nuisance or, if the owner is located, hand
delivered.
(d) If notice is returned undelivered, action to abate the nuisance shall be continued to a
date not earlier than the 11 th day after the date of the return.
(e) After a vehicle has been removed, it shall not be reconstructed or made operable.
Sec. 34-170. Public hearing; resolution or order for removal.
(a) A public hearing prior to the removal of the vehicle or part thereof as a public
nuisance is to be held before the city council, municipal court judge, or other official
of the city as designated by the city council, when such a hearing is requested by the
owner or occupant of the public or private premises, or by the owner or occupant of
the premises adjacent to the public right-of-way on which the vehicle is located,
within ten days after service of notice to abate the nuisance.
(b) A public hearing ordered under this section shall be held not earlier than the 11 th day
after the date of the service of notice.
(c) At the public hearing, the vehicle which is the subject of the hearing is presumed,
unless demonstrated otherwise by the owner, to be inoperable.
(d) Any resolution or order requiring the removal of a vehicle or part thereof shall
include a description of the vehicle, and the vehicle identification number and license
plate number of the vehicle, if available at the site.
(e) A judge of the La Porte Municipal Court may issue necessary orders to enforce the
procedures for the abatement and removal of a public nuisance under this section."
Sec. 34-171. - Notice to state DOT of removal; title cancellation.
Notice shall be given to the state department oftransportation within five days after the
date of removal identifying the vehicle or part of such vehicle. The department shall forthwith
cancel the certificate of title to such vehicle.
Sec. 34-172. Removal-Effect on Other Laws.
Page 4 of5
Nothing in this Article shall affect laws or ordinances that permit immediate removal of a
vehicle left on public property which constitutes an obstruction to traffic, or laws or ordinances
which establish procedures for taking possession of abandoned motor vehicles.
Sec. 34-173. - Same-- With permission of owner or occupant.
If, within ten days after receipt of notice from the director of planning and/or his
employees, or his duly authorized agent, to abate the nuisance, as provided in this article, the
owner or occupant of the premises shall give his written permission to the director of planning
and/or his employees, or his duly authorized agent for removal of the junked motor vehicle from
the premises, the giving of such permission shall be considered compliance with the provisions
of sections 34-169 through 34-172.
Sec. 34-174. - Disposal.
(a) If such public nuisance is not abated by the owner or occupant after notice is given in
accordance with this article, official action shall be taken by the city to abate such nuisance.
Junked vehicles or parts of junked vehicles may be disposed of by removal to a scrapyard,
demolishers or any suitable site operated by the city for process as scrap or salvage, which
removal or process shall be considered with subsection (b) of this section. A junked vehicle
disposed of to a demolisher, in accordance with this article, must be transferred to such
demolisher by a form acceptable to the state department of transportation (Form #MVD 71-5).
The transfer receipt must be listed on the demolisher's inventory list and surrendered to the state
department of transportation.
(b) After a vehicle has been removed pursuant to this section, it shall not be reconstructed
or made operable by any person.
Sees. 34-175-34-189. - Reserved.
Page 5 of5
ORDINANCE NO. '3J&S
AN ORDINANCE AMENDING CHAPTER 34 "ENVIRONMENT", ARTICLE V
"JUNKED MOTOR VEHICLES", OF THE CODE OF ORDINANCES OF THE CITY
OF LA PORTE, TEXAS, RELATING TO REGULATION AND ABATEMENT OF
JUNKED MOTOR VEHICLES; 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 TWO
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 34 "Environment", Article V "Junked Motor Vehicles", Section 34-166
"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, or replace existing definitions, in proper
alphabetical sequence, and which shall hereinafter read as follows:
Antique vehicle means a passenger car or truck that is at least 25 years old.
Junked vehicle means any motor vehicle as defined in V.T.C.A., Transportation Code S
683.071 that is self-propelled and:
(1) Does not have lawfully attached to it:
a. An unexpired license plate; and
b. A valid motor vehicle inspection certificate; and
(2) Is wrecked, dismantled or partially dismantled, or discarded; or
(3) Is inoperable and has remained inoperable for more than:
a. 72 consecutive hours, if the vehicle is on public property; or
b. 30 consecutive days, if the vehicle is on private property.
Motor Vehicle means any motor vehicle subject to registration pursuant to the Texas
Certificate of Title Act.
Page 1 of5
Storage Facility means a garage, parking lot, or any type of facility or establishment for
the servicing, repairing, storing, or parking of motor vehicles.
SECTION 2. Chapter 34 "Environment", Article V "Junked Motor Vehicles", Section 34-167
"Authority to enforce article provisions", of the Code of Ordinances of the City of La Porte, Texas
is hereby amended, which said section shall hereinafter read as follows:
"Sec. 34-167. Authority to enforce article provisions.
The city's Director of Planning, and/or his employees shall administer the removal of vehicles or
parts of vehicles from property. The City's Director of Planning and/or his employees, or his
authorized agent, or any peace officer, may enter upon private property for the purposes
specified in this article to examine vehicles or parts of vehicles, obtain information as to the
identity of vehicles, and to remove or cause the removal of a vehicle or parts of vehicles declared
to be a nuisance pursuant to this article. The municipal court of the city shall have authority to
issue all orders necessary to enforce such article."
SECTION 3. Chapter 34 "Environment", Article V "Junked Motor Vehicles", Section 34-168
"Location or presence within city deemed public nuisance; exceptions", of the Code of
Ordinances of the City of La Porte, Texas is hereby amended, which said section shall hereinafter
read as follows:
"Sec. 34-168. Location or presence within city deemed public nuisance; exceptions.
(a) A junked vehicle, including a part of a junked vehicle, that is located on private or
public property, occupied or unoccupied, improved or unimproved, and is visible at
any time of the year from a public place, public right-of-way, or private property is
detrimental to the safety and welfare of the general public, tends to reduce the value
of private property, invites vandalism, creates a fire hazard, is an attractive nuisance
creating a hazard to the health and safety of minors, and is detrimental to the
economic welfare of the City by producing urban blight which is adverse to the
maintenance and continuing development of the City, and such vehicles are therefore
declared to be a public nuisance.
(b) A person commits a misdemeanor offense if the person maintains a public nuisance
described in subparagraph "a" of this section, by locating a junked vehicle on private
or public property, in circumstances where the junked vehicle is visible at any time
of the year from a public place, public right-of-way, or private property or otherwise
causes or maintains such public nuisance by wrecking, dismantling, rendering
inoperable, abandoning or discarding his vehicle on his property or the property of
another. Neither allegation nor evidence of a culpable mental state is required for the
Page 2 of5
proof of an offense defined in this chapter, during the prosecution of such offenses in
any criminal proceeding.
(c) This section shall not apply to a vehicle or part of a vehicle that is:
(1) Completely enclosed within a building in a lawful manner where it is not
visible from the street or other public or private property; or
(2) Stored or parked in a lawful manner on private property in connection with
the business of a licensed vehicle dealer or junkyard, or that is an antique or
special interest vehicle stored by a motor vehicle collector on the collector's
property, if the vehicle or part and the outdoor storage area, if any, are:
a. Maintained in an orderly manner;
b. Not a health hazard; and
c. Screened from ordinary public view by appropriate means, including a
fence, rapidly growing trees or shrubbery.
(d) The relocation of a junked vehicle that is subject to a proceeding for the abatement
and removal of said junked vehicle under this Code, does not constitute an abatement
of said junked vehicle nuisance, provided that said junked vehicle constitutes a
public nuisance at the new location."
SECTION 5. Chapter 34 "Environment", Article V "Junked Motor Vehicles", Section 34-170
"Public hearing; resolution or order for removal", of the Code of Ordinances of the City of La
Porte, Texas is hereby amended, which said section shall hereinafter read as follows:
"Sec. 34-170. Public hearing; resolution or order for removal.
(a) A public hearing prior to the removal of the vehicle or part thereof as a public
nuisance is to be held before the city council, municipal court judge, or other official
of the city as designated by the city council, when such a hearing is requested by the
owner or occupant of the public or private premises, or by the owner or occupant of
the premises adjacent to the public right-of-way on which the vehicle is located,
within ten days after service of notice to abate the nuisance.
(b) A public hearing ordered under this section shall be held not earlier than the Illh day
after the date of the service of notice.
(c) At the public hearing, the vehicle which is the subject of the hearing is presumed,
unless demonstrated otherwise by the owner, to be inoperable.
(d) Any resolution or order requiring the removal of a vehicle or part thereof shall
include a description of the vehicle, and the vehicle identification number and license
plate number of the vehicle, if available at the site.
(e) A judge of the La Porte Municipal Court may issue necessary orders to enforce the
procedures for the abatement and removal of a public nuisance under this section."
Page 3 of5
SECTION 6. Chapter 34 "Environment", Article V "Junked Motor Vehicles", Section 34-172
"Removal--Administration", of the Code of Ordinances of the City of La Porte, Texas is hereby
amended, which said section shall hereinafter read as follows:
"Sec. 34-172. Removal-Effect on Other Laws.
Nothing in this Article shall affect laws or ordinances that permit immediate removal of a vehicle
left on public property which constitutes an obstruction to traffic, or laws or ordinances which
establish procedures for taking possession of abandoned motor vehicles."
SECTION 7: 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 8. 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 9. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council 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 10. 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 ofthis ordinance.
PASSED AND APPROVED, thiJJJ- DAY OF J ~~
,2010
Page 40f5
ATTEST:
A~D AS TO FORM:
1AI/A -r: -(f ~
C ark T. Askins, Assistant City Attorney
CITY OF LA PORTE
Page 50f5
I
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: Julv 26. 2010
Source of Funds: N/A
Requested By: Tim Tietiens
Account Number: N/A
Department: Planninl!:
Amount Budgeted: N/ A
Report: _Resolution: ...x...Ordinance:_
Amount Requested: N/A
Exhibits:
Resolution
Budgeted Item: _YES _NO
SUMMARY
This proposed Resolution authorizes designated signators for the Texas Community Development Block
Grant Program Disaster Recovery Contract DRSO 1 0231 associated with Hurricane Ike CDBG funds. The
request for additional signators is a result of the need for redundancy if the primary signators happens to
be unavailable.
Designated signators for the State of Texas Purchase Vouchers and Requests for Advance or
Reimbursement will be in primary order, the City Manager, and if unavailable, the Finance Director then
the City Secretary. Additionally, the City Manager has already been designated as the Chief Executive
Officer and Authorized Representative (also by Resolution previously approved by Council on June 14,
2010.)
This requirement has become a condition of funding for the grant and is a formality.
Action Required bv Council:
approval of a Resolution authorizing designated signators for the Texas Community Development
nt Program Disaster Recovery Contract DRSOl 0231.
Ron Bottoms, City Manager
i It).. )0
Date
RESOLUTION NO. ~Ol 0 -- Iv
A RESOLUTION OF THE CITY OF LA PORTE AUTHORIZING DESIGNATED
SIGNA TORS FOR ITS TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM DISASTER RECOVERY CONTRACT DRSO 1 0231.
WHEREAS, the City of La Porte has received funding under the Texas Community
Development Block Grant Program; and
WHEREAS, it is necessary to designate signators for contractual documents pertaining to
this contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE, TEXAS THAT:
SECTION 1. City Council designates the City Manager, Finance Director, or City
Secretary as authorized signators for the State of Texas Purchase
V ouchers for the Texas Community Development Block Grant Program
Contract D RSO 10231; and,
SECTION 2. City Council designates the City Manager, Finance Director, or City
Secretary as authorized signators for the Requests for Advance or
Reimbursement for the Texas Community Development Block Grant
Program Contract D RSO 10231; and,
SECTION 3. City Council designates the City Manager as its Chief Executive Officer
and Authorized Representative to act in all matters in connection with the
Texas Community Development Block Grant Program Contract
DRS010231.
PASSED AND APPROVED this the 26th day of July, 2010.
CITY OF LA PORTE, TEXAS
. /><-C'/
ATTEST:
~~,~~
City ecretary
~&7~
City Attorney
7/8
. .--------
.-" -----
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Julv 26. 2010
Appropriation
Requested By:
Ken Adroy
Source of Funds:
Department:
PQIi~e
Account Number:
Report:
Resolution:
Ordinance:
Amount Budgeted:
Exhibits: Public Hearing Notice
Amount Requested:
Exhibits: City Ordinance Article III Curfew for Juveniles
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
In accordance with Section 370.002 of the Texas Local Government Code, Review of Juvenile Curfew Order of
Ordinance, the City of La Porte is required to hold a Public Hearing concerning the ordinance every third year,
beginning the year of its adoption. There are three possible actions that may take place after the Public Hearing:
1. Continue the Ordinance as written.
2. Abolish the Ordinance.
3. Modify the Ordinance.
In the event there are some modifications to be made, the modified ordinance will be drawn up and brought before
Council on August 9, 2010 for approval. Ordinance # 93-1887 has been in effect since 1993. Section 42-73
prohibits any minor under the age of 18 to be out between the hours of 12 Midnight and 6 a.m. on any day of the
week, and between the hours of 9 a.m. and 2:30 p.m. on any school day.
Staff recommends continuance of Ordinance # 93-1887 as written.
Action Required bv Council:
d hold Public Hearing, allowing public input, relating to the City of La Porte's Juvenile Curfew
and determine what action, if any, should be taken regarding the ordinance.
7 /l.l-/O
Date
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with sec 370.002 of the Texas Local Govt. Code, Review of
Juvenile Curfew Order or Ordinance, notice is hereby given that the City of La Porte will
conduct a Public Hearing at 6:00 p.m. on the 26th day of July, 2010, in the Council
Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The purpose
of this hearing is to review the Juvenile Curfew Ordinance and determine to continue the
Ordinance as it is written, abolish the Ordinance, or modify the Ordinance.
Citizens wishing to address Council pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
/ n /j'~ () Ii ---1. '-L . J1ft
LJ::-/[;t)-(jl_-- /U'CYU C (J/t. ~O OJ 0'
Martha Gillett
City Secretary
'1, jf).. JO /0
posted
/;}.' 5:r Pi&L
This facility has disability accommodations available. Requests for interpretive
services at meetings should be made 48 hours prior to the meeting. Please contact City
Secretary's office at (281)471-5020 or TDD Line (281) 471-5030 for further information.
.
.
ORDIBUCB RO. '3- ~7
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, TEXAS, BY ADDING A NEW ARTICLE IV TO CHAPTER 13, RELATING
TO THE ESTABLISHMENT OF A DAYTIME AND NIGHT TIME JUVENILE CURFEW;
CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE FOREGOING
SUBJECT; DECLARING CERTAIN CONDUCT TO BE UNLAWFUL AND PROVIDING
PENALTIES THEREFOR; PROVIDING FOR SEVERABILITY; PROVIDING A
REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council has determined that there has been
an increase in juvenile violence, juvenile gang activity and an
increase in crime by persons under the age of eighteen in the City
of La Porte; and
WHEREAS, persons under the age of eighteen are particularly
susceptible by their lack of maturity and experience to participate
in unlawful and gang-related activities and to be victims of older
perpetrators of crime; and
WHEREAS, the City of La Porte has an obligation to provide for
the protection of minors from each other and from other persons,
for the enforcement of parental control of and responsibility for
their children, for the protection of the general public, and for
the reduction of the incidence of juvenile criminal activities;
and
WHEREAS, a curfew for those under eighteen years of age will
be in the interest of the public health, safety, and general
welfare, and will help to attain the foregoing Objectives and to
diminish the undesirable impact of such conduct on the citizens of
the City of La Porte;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
SectioD 1. That the findings contained in the preamble to
this Ordinance are determined to be true and correct and are hereby
adopted as part of this Ordinance.
sectioD 2. That Chapter 13 of the Code of Ordinances of the
City of La Porte, Texas, is hereby amended by adding a new Article
IV, which shall read as follows:
. .
ORDXKARCB BO. '3-1887 PAGB 2
"ARTICLE IV. JUVENILE CURFEW.
Sec. 13.51. Definitions.
The following words, terms and phrases when used in this
Article shall have the meanings ascribed to them in this section,
unless the context of their usage clearly indicates another
meaning:
Emeraency shall mean an unforeseen combination of
circumstances or the resulting state that calls for immediate
action. The term shall include but not be limited to a fire,
natural disaster, vehicular accident, or a serious medical
condition of sudden onset.
Guardian shall mean the person who, under a court order, is
the guardian of the person of a minor or the public or private
agency with' whom a minor has been placed by a court.
Minor shall mean any person under eighteen (18) years of age.
Parent shall mean the natural mother or father or adoptive
mother or father of a minor.
Public Dlace means any place to which the public or a
substantial group of the public has access and includes, but is not
limited to, streets, highways, and the common areas of schools,
hospitals, apartments, houses, office buildings, transport
facilities, and shops.
Sec. 13.52 Offenses.
(a) It shall be unlawful for any minor to knowingly remain,
walk, run, stand, drive or ride about, in or upon any public place
in the City:
1. between the hours of twelve o'clock at night
(midnight) and 6:00 o'clock a.m. on any day of the week;
or
2. between the hours of 9:00 o'clock a.m. and 2:30
o'clock p.m. on any day on which classes are in session
in the La Porte Independent School District.
(b) It shall be unlawful for the parent or guardian having
legal custody of a minor to knowingly allow or permit the minor to
be in violation of the curfew imposed in Sec. 13.52(a) of this
Code.
Sec. 13.53
It is
that:
(a)
(b)
(c)
(d)
Defenses.
a defense to prosecution under Sec. 13.52 of this Code
The minor was accompanied by his or her parent or
guardian;
The minor was accompanied by an adult designated by his
or her parent or guardian;
The minor was on an errand made necessary by an
emergency;
The minor was attending a school, religious, or
government-sponsored acti vi ty or was traveling to or from
.
e
ORDl:HAlfCB 1l0. 93-1887
PAGB 3
(f)
(g)
(h)
(i)
(j)
(k)
(e)
a school, religious, or government-sponsored activity;
The minor was engaged in a lawful employment activity or
was going directly to or coming directly from lawful
employment;
The minor was on the sidewalk of the place where he or
she resides;
The minor was on an errand directed by his or her parent
or guardian;
The minor was in a motor vehicle involved in intrastate
or interstate transportation;
The minor was engaged in, participating in, or traveling
to or from any event, function or activity for which the
application of section 13.52 of this Code would
contravene his or her rights protected by the Texas or
United states Constitutions;
The minor was married or had been married or had
disabilities of minority removed in accordance with
Chapter 31 of the Texas Family Code; or
with respect to the hours between 9:00 o'clock a.m. and
2:30 o'clock p.m. only, that the offense occurred during
the school summer vacation break period of the school in
which the minor is enrolled or on a holiday observed by
the closure of classes in the school in which the minor
is enrolled or that the minor has graduated from high
school or received a high school equivalency certificate.
Sec. 13.54 Supplemental effect.
The provisions of this article are supplemental and shall be
cumulative with all other laws and ordinances applicable in any
manner to juveniles.
Sec. 13.55 Enforcement
Notwithstanding the penal effect of this article the chief of
police is encouraged to develop alternative enforcement strategies,
which may include but need not be limited to the return of minors
to their residences or schools, counseling with minors and their
parents or guardians, the issuances of warning citations to minors
or their parents or guardians, or the referral of instances that
appear to also involve the violation of school attendance laws to
those officers who are responsible for the enforcement of those
laws. The enforcement strategies shall be promulgated in writing
to members of the police department so that this article may be
enforced in a uniform manner."
section 3. 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
.
e
ORDXNANCB BO. 93- 1887
PAGB ..
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.
sectioD ... 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. Sec. 13.9 of the Code of
Ordinances of the City of La Porte is expressly repealed.
SectioD 5. 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 two hundred
dollars ($200.00) for each offense.
sectioD I. 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
Ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
.
e
ORD:IIIAlICB 110. 93-.l.8.8..1
PAGB 5
Civil statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed,
considered and formally acted upon.
The City council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
section 7. This Ordinance shall be effective from and after
its passage and approval, and publication of its caption as
provided by law.
PASSED AND APPROVED, this q~day of February, 1993.
By:
AT'rE7!~~
Cherl.e Black
City Secretary
a;~~
Knox w. Askins
City Attorney
9
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: July 26, 2010
Appropriation
Requested By: Ron Bottoms
Source of Funds:
Department: Adminstration
Acc't Number:
Rep0l1: _Resolution: _Ordinance: _X_
Amount Budgeted:
Exhibits:
Notice of CenterPoint rate increase
Amount Requested:
Exhibits:
Rate Suspension Ordinance
Bud!!eted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
Attached is CenterPoint Energy's notice of intent to change electric rates effective August 6, 2010.
No action on the palt of Council will allow the rates to go into effect. However, if Council chooses
attached is an ordinance suspending the rate increase for ninety (90) days.
CenterPoint's rate adjustment would increase residential electric rates by approximately $5.50 per
month. CenterPoint seeks electric rate increases totaling $94 million per year. The proposed rate
change also calls for annual rate adjustments, which, for all intents and purposes, voids the City's
original jurisdiction oversight.
I met with representatives of the City of Houston, along with their legal counsel, who are
encouraging the City of La POIte to join them in challenging this rate increase. The City of Houston
has agreed to bear all the costs of the proceedings.
Action Required bv Council:
roving an ordinance suspending CenterPoint Energy's rate increase for ninety (90) days.
:zd?~
Hate
La Porte, Texas Ordinance No. 2010- 3:2l.P &
AN ORDINANCE RELA TIN(; TO THE RETAIL ELECTRIC RATES OF
CENTERPOINT ENERGY HOllSTON ELECTRIC, LLC WITHIN THE CITY OF LA
PORTE, TEXAS; SUSPENDING FOR NINETY DAYS THE EFFECTIVE DATE OF
NEW RATES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO
THE FOREGOING SUBJECT; PROVIDING FOR SEVERABILITY;AND DECLARING
AN EMERGENCY.
*
*
*
*
*
*
WHEREAS,
on June 30, 20 I 0, Centerpoint Energy Houston Electric, LLC
("CenterPoint Electric") tiled a Statement of Intent and Application for Authority to Change
Rates ("New Rates") within the City of La Porte ("City") seeking electric rate increases totaling
$94 million per year; and
WHEREAS, the New Rates would affect rates, operations or services of CenterPoint
Electric for retail customers within the City; and
WHEREAS, the City, as a local regulatory authority, exercises original jurisdiction over
the rates, operations and services of CenterPoint Electric for customers located within the City
under the provisions of the Public Utility Regulatory Act ("PURA "); and
WHEREAS, PURA Section 33.021 requires a local regulatory authority to make a
reasonable determination of rate base, expenses, investment and rate of return, and to retain the
necessary personnel to determine reasonable rates; and
WHEREAS, PURA. Section 36.102 provides that the New Rates take effect on the 35th
day after the local tiling, unless the local regulatory authority suspends the effective date of the
New Rates; and
WHEREAS, PURA further provides that a local regulatory authority may suspend the
operation of the New Rates for ninety days beyond August 6, 20 I 0, the date the New Rates
would otherwise be etfective (the "Suspension Period"); and
WHEREAS, PURA further provides that unless the local regulatory authority establishes
interim rates, the rates in etlect at the time the New Rates are tiled remain in etlect during the
Suspension Period; and
WHEREAS, in order to maX1l11lze the etticient use of resources and expertise 111
reviewing, analyzing and investigating CenterPoint Electric's $94 million annual rate increase
request, the City's efforts will be coordinated with similarly situated municipalities through the
Coalition of Cities ("Coalition"); and
WHEREAS, during the Suspension Period, the City, either independently or through
consultants retained through the Coalition, will perform an analysis of the New Rates, obtain
additional information from CenterPoint Electric, and prepare a rate ordinance recommendation
to City Council; and
WHEREAS, the City will provide an opportunity for public comment on the su~iect of
the New Rates as well as customer service concerns; and
WHEREAS, the rate ordinance recommendation to City Council will incorporate the
public comment and concerns received; and
WHEREAS, the rate analysis and public comment period will extend beyond August 6,
2010, the date the New Rates would otherwise be effective; and
WHEREAS, the City Council has determined that it IS 111 the best interests of the
CenterPoint Electric utility ratepayers within the City of La Porte, Texas to allow t()J" coordinated
2
rate analysis and public comment by suspending the New Rates for ninety days beyond August
6, 20 I 0, the date the New Rates would otherwise be effective; and
WHEREAS, the City has standing in each case before the Public Utility Commission of
Texas ("PUC") that relates to an electric utility providing service within the City pursuant to
PURA Section 33.025; NOW, THERERFORE, BE IT ORDAINED BY THE CITY
COlJNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. That the facts contained in the preamble of this Ordinance are determined to
be true and correct and are hereby adopted as part of this Ordinance.
Section 2. To allow for coordinated rate analysis and public comment, the etTective date
of the New Rates filed with the City by CenterPoint Electric on August 6, 20 I 0, is hereby
suspended tor ninety days beyond August 6, 2010, the date the New Rates would otherwise be
eftective, to November 4, 20 I O.
Section 3. The rates in eftect as of June 30. 20 10, the tiling date, shall remain in effect
until the earlier of the expiration of the Suspension Period or the adoption of a replacement rate
ordinance by this Council.
Section 4. The City may participate with other Cities through the Coalition to intervene
and participate in all proceedings related to or aftecting CenterPoint Electric's rates within the
City at the PUC until the tinal resolution of the New Rates.
Section 5. The City Council ofticially tinds. determines. recites and declares that a
sutlicient 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 of La Porte, Texas tor
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
3
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. There exists a public emergency requiring that the Ordinance be passed
finally on the date of its introduction as requested in writing by the Mayor; therefore, this
Ordinance shall be passed finally on such date and shall take effect immediately upon its passage
and approval by the Mayor.
PASSED AND APPROVED this 26th day of July, 2010
:12i~)~~"A~_J
Daryl L lard,
Mayor ro-Tem
ATTEST:
~~~<f
City Secretary
_7~A~
4
. CenterPointTM
Energy
P.O. Box 210
Baytown. TX 77522
June 30, 2010
Honorable Mayor and City Officials
City of La Porte
La Porte, Texas 77571
Subject: Notice of CenterPoint Energy Houston Electric, LLC Filing to Change Rates
CenterPoint Energy Houston Electric, LLC ("CenterPoint Houston"), in accordance with
the Public Utility Regulatory Act, hereby provides its statement of intent to change rates
effective August 6, 2010. Enclosed is a CD containing the entire rate case filing package. For
your convenience, a hard copy of the statement of intent and application has been provided as an
attachment.
CenterPoint Houston is required to file the rate adjustment application to comply with a
Public Utility Commission of Texas ("PUCT") Order issued in CenterPoint Houston's last rate
review proceeding. That Order requires CenterPoint Houston to file a rate request change by
June 30, 2010 unless the Staff of the PUCT, the City of Houston and the Gulf Coast Coalition of
Cities, after review of CenterPoint Houston's 2009 earnings report, release CenterPoint Houston
of the obligation to file. On March 30, 2010 the before mentioned parties informed CenterPoint
Houston that it would not be released of its obligation to submit the rate adjustment filing.
If you have questions concerning this intent to change rates please contact me or Steve
Greenley at 281-425-7300.
Sincerely,
~
David Baker
Division Vice President, Distribution Operations
Attachment
DELIVERED TO:
SnllrOLt t-k~JYl <;:
NAME (Printed)
The City of LQ f Qi to
See (e.-tfurt of
OFF I E (Mayor, City Se etary, etc.)
~
on this ~ day ofJune, 2010
~aJloYl~
SIG ATURE
DOCKET NO. 38339
APPLICATION OF CENTERPOINT
ENERGY HOUSTON ELECTRIC, LLC
FOR AUTHORITY TO CHANGE
RATES
~
~
~
~
BEFORE THE
PUBLIC UTILITY COMMISSION
OF TEXAS
STATEMENT OF INTENT AND APPLICATION OF CENTERPOINT ENERGY
HOUSTON ELECTRIC, LLC FOR AUTHORITY TO CHANGE RATES
CenterPoint Energy Houston Electric, LLC ("CenterPoint Houston" or "Company") files
this Statement of Intent and Application for Authority to Change Rates pursuant to both
Subchapter C of Chapter 36 of the Public Utility Regulatory Act ("PURA") and the Order in
Docket No. 32093 ("Application").
I. INTRODUCTION
CenterPoint Houston is filing this Application at the directive of parties who have chosen
to exercise their right under the Order in Docket No. 32093 to initiate a general rate case.
CenterPoint Houston proposes in this Application new rate schedules that will allow the
Company to efTectively transition from the old, integrated utility rate case model to one that
works in today's dynamic, restructured electric utility market. Specifically, the Company
requests approval of Rider DCRF, a mechanism that streamlines the ratemaking process so that
rates are adjusted annually to reflect costs as they fluctuate up or down. This annual review
process will (1) ensure more timely regulatory oversight over the Company's expenditures, (2)
enhance the Company's ability to respond to regulatory initiatives, and (3) reduce the protracted
and expensive rate proceedings that would otherwise result.
Moreover, as required by the Order in Docket No. 35639 and Substantive Rule 25.130,
the Company is including in this Application a reconciliation of costs incurred related to its
Advanced Metering System ("AMS") deployment.
II. AUTHORIZED REPRESENTATIVES
The telephone number and address of CenterPoint Houston's authorized business
representative are as follows:
Stephen W. Bezecny
Director, Regulatory Relations
CenterPoint Energy, Inc.
1111 Louisiana Street
Houston, Texas 77002
713.207.5141
713.207.9840 (fax)
stephen. bezecny@centerpointenergy.com
The telephone numbers and addresses of CenterPoint Houston's authorized legal
representatives are:
Jason M. Ryan
Assistant General Counsel
CenterPoint Energy, Inc.
P.O. Box 61867
Houston, Texas 77208
713.207.7261
713.574.2261 (fax)
j ason.ryan@centerpointenergy.com
Ann Coffin
Parsley Coffin Renner LLP
P.O. Box 13366
Austin, TX 78711
512.879.0900
512.879.0912 (fax)
ann. coffin@pcrllp.com
CenterPoint Houston requests that all information and documents in this filing be served
on each of the persons above at their respective addresses or fax numbers.
III. JURISDICTION
The Commission has exclusive original jurisdiction over this proceeding for areas outside
municipalities pursuant to PURA 9 32.001 and for those municipalities shown on Exhibit A that
have ceded their original jurisdiction to the Commission pursuant to PURA 933.002(b).
IV. AFFECTED PERSONS AND TERRITORIES
The Application affects all retail electric providers ("REPs") serving end-use retail
electric customers in CenterPoint Houston's certificated service territory and will affect the retail
electric customers of those REPs to the extent that the REPs pass along to their customers the
charges under the Company's Tariff for Retail Delivery Service. The Application also affects all
customers taking service under the Company's Tariff for Wholesale Transmission Service.
V. OVERVIEW OF THE APPLICATION
This Application contains the testimony of 41 witnesses through 45 pieces of testimony,
including 15 pieces of testimony on the AMS reconciliation. The Direct Testimony of Scott
Prochazka presents an overview of the testimony and the Company's request for a base rate
increase of approximately $76 million for service to retail customers and an increase of
approximately $18 million for wholesale transmission customers. A list of witnesses, and a
summary of their testimony, is attached to Mr. Prochazka's overview testimony.
A. Test Year
As required by the Order in Docket No. 32093, the Application is based on a test year
consisting of the twelve-month period ending December 31, 2009.
B. Proposed Tariffs and Schedules
The Application contains the changes described below to the Tariff for Retail Delivery
Service and the Tariff for Wholesale Transmission Service.
Tariff for Retail Delivery Service
The Company's proposed Tariff for Retail Delivery Service sets forth the type of service,
the monthly rate, service riders that may apply to the rate schedule, and the six rate classes to
which the rate schedule will apply.
a. Retail Rate Schedules
1. Residential Service
CenterPoint Houston proposes to change the delivery charges to reflect the revenue
requirement by function as described in its proposed allocation study. Additionally, the
municipal account franchise credit has been changed to reflect the average franchise expense in
the rate.
2. Secondary Service Less Than Or Equal To 10 kVa
CenterPoint Houston proposes for this class the same changes as proposed for the
residential class.
3. Secondary Service Greater Than 10 kVa
CenterPoint Houston proposes to include different customer charges for customers with
interval data recorder meters, change the delivery charges to reflect the revenue requirement by
function as described in the proposed allocation study, change the billing determinant for the
municipal account franchise credit from kWh to Billing kVa, and remove the Subclass Exception
Charges.
4. Primary Service
CenterPoint Houston proposes for this class the same changes as proposed for the
Secondary Service Greater Than 10 kVa.
5. Transmission Service
CenterPoint Houston proposes to change the "Distribution System Charge" billing
determinant from 4CP kVa to Billing kVa, change the delivery charges to reflect the revenue
requirement by function as described in the proposed allocation study, and change the billing
determinant for the municipal account franchise credit to Billing k Va.
6. Lighting Services
For Street Lighting Service, CenterPoint Houston proposes to change the charges to
reflect the revenue requirement as described in the proposed allocation study, to add a charge for
light emitting diode lighting service, to reflect an appropriate restoration time frame goal, and to
reflect the average franchise expense in the rate. For Miscellaneous Lighting Service,
CenterPoint Houston proposes to change the charges to reflect the revenue requirement as
described in the proposed allocation study and to reflect the average franchise expense in the
rate.
b. Rate Charges by Function
The Application explains the proposed Customer Charge, Metering Charge, Distribution
System Charge, and Transmission System Charge. In the event the Commission does not adopt
the Company's proposed Rider DCRF, discussed below, the Company proposes an alternate rate
design only for the residential customer class that consists of an $18.18 Customer Charge and,
correspondingly, a decrease in the volumetric Distribution Charge.
c. Retail Delivery Service Riders and Charges
1. Rider DCRF - Distribution Cost Recovery Factor ("Rider DCRF")
CenterPoint Houston proposes new Rider DCRF to address the increasing demand for
additional spending on reliability programs such as system hardening, vegetation management,
pole and line inspections, the intelligent grid, as well as energy efficiency and conservation. This
alternative cost recovery mechanism will offer the Company a reasonable opportunity to recover
its non-transmission cost of service inclusive of a fair return without the attendant regulatory lag
and costs associated with a general rate proceeding. The Rider DCRF rate adjustment may be
positive or negative. The Company is not seeking to recover any costs through Rider DCRF in
this proceeding. Rather, the Company is asking the Commission to approve the policy and
template for Rider DCRF so that it may be implemented beginning June 1, 2011.
2. Rider SH - System Hardening ("Rider SH")
CenterPoint Houston seeks to recover through its base rates certain system hardening
operations and maintenance expenses currently not included in test year costs in a similar manner
as a just and measurable adjustment to base rates. If this approach is not accepted, these
operations and maintenance expenses can be recovered, as well as associated capital costs,
through Rider DCRF. If the Commission does not approve Rider DCRF, however, the Company
seeks adoption of new Rider SH, which will allow the Company to recover costs associated with
system hardening. If the Commission allows the operations and maintenance costs to be
included in base rates and Rider DCRF is adopted to recover capital costs, then the costs
intended to be recovered by Rider SH would be included in Rider DCRF and Rider SH would be
unnecessary.
3. Rider AMS - Advanced Metering System Surcharge ("Rider AMS")
As required by the order of the Commission in Docket No. 35639 and Substantive Rule
25.130, CenterPoint Houston is requesting the following adjustment to its existing surcharge
under Rider AMS, beginning with the billing cycle in February 2011:
Residential
$3.05 (for 48 billing cycles)
Secondary <= 10kV A
$3.14 (for 78 billing cycles)
Secondary> 10 k V A
$3.16 (for 78 billing cycles)
Primary
$3.16 (for 78 billing cycles)
4. Rider SCUD - State Colleges and Universities Discount ("Rider
SCUD")
The Application proposes to remove Rider SCUD consistent with the Commission's
decision in pending Docket No.3 8214. Based on the historical usage levels for the REPs with
customers eligible for Rider SCUD, CenterPoint Houston foregoes collection of approximately
$2 million per year in otherwise recoverable transmission and distribution charges due to the
application of Rider SCUD.
5. Rider EECRF - Energy Efficiency Cost Recovery Factor ("Rider
EECRF")
As required by Substantive Rule 25.181 (f)(2), the Application proposes to update Rider
EECRF to reflect the addition of energy efficiency costs that were previously in base rates.
CenterPoint Houston is therefore requesting approval of an adjustment to Rider EECRF to
recover in 2011: (1) the $22,925,492 in current energy efficiency program costs in the
Company's base rates; (2) the $7,858,508 in estimated 2011 projected energy efficiency program
costs in excess of the amount of energy efficiency costs included in base rates; (3) the
$5,069,095 energy efficiency performance bonus earned based on 2009 achievements; and (4)
$1,436,550 in lost revenue due to verified and reported 2009 energy savings; reduced by a
regulatory liability in the amount of $504,858.
6. Other Riders
The Company requests changes to several other riders, as follows:
· Rider SBF - System Benefit Fund: CenterPoint Houston proposes to update this
rider to reflect the proposed revenue requirement and the resulting allocation of
costs.
· Rider TCRF - Transmission Cost Recovery Factor: CenterPoint Houston
proposes to set the charges for this rider to collect only temporary items and
proposes to update the Rider TCRF allocation factors consistent with the
proposed allocation study in this case.
· Rider ESS - Retail Electric Service Switchovers: This rider is applicable to a
customer that meets the provisions of the rate and chooses to switch to another
utility for electric delivery service. CenterPoint Houston proposes updating the
charges to reflect the present cost of providing this service.
· Rider CMC - Competitive Metering Credit: The Company proposes to reflect
CenterPoint Houston's present cost of meter ownership and to reflect that Rider
CMC is only available to customers that are required by ERCOT to have an
interval data recorder meter.
· Rider RCE - Rate Case Expenses Surcharge: CenterPoint Houston is proposing
to change this rider to recover rate case expenses determined to be reasonable by
the Commission in this case.
· Rider EMC - Excess Mitigation Credit: CenterPoint Houston is proposing to
remove this rider as it is currently not applicable and not likely to ever become
applicable.
· Rider RURC - Rider UCOS Retail Credit: CenterPoint Houston is proposing to
remove this rider as it will no longer be applicable by the completion of this
proceeding.
d. Discretionary Charges
CenterPoint Houston proposes to update the charges for the Discretionary Services to
reflect CenterPoint Houston's current cost of providing such services. The Company is also
proposmg a new Discretionary Charge for Transmission Facility Outage Scheduling and
Notification, which IS necessary under the soon-to-be-implemented ERCOT Nodal Market
Design.
There are six discretionary charges associated with AMS remote access meters that the
Company proposes to update to reflect the status of its AMS meter deployment. Based on the
settlement in Docket No. 35639, these discretionary charges are to be updated annually to reflect
the cost savings associated with the investment in the AMS meters.
Additionally, the Company is proposing to remove the administrative cost embedded in
the development of all discretionary costs, which is currently $1. CenterPoint Houston proposes
that this administrative cost be ret1ected in the overall Company administrative costs and be
included in base rates.
e. Other Changes
The Application contains certain other Company-specific changes to the Tariff for Retail
Delivery Service.
Tariff for Wholesale Transmission Service
The Tariff for Wholesale Transmission Service includes CenterPoint Houston's proposed
wholesale transmission rate and the terms under which wholesale transmission service will be
provided. The Company proposes changes to this tariff to ref1ect CenterPoint Houston's current
cost of providing this service.
The Company also proposes to change Rider RUWC - UCOS Wholesale Credit ("Rider
RUWC"), which is applicable to Distribution Service Providers assessed a transmission ~ervice
charge under rate schedule Wholesale Transmission Service - WTS. Rider RUWC remains in
effect until it has returned $19.2 million pursuant to the settlement agreement in Docket 32093.
It is anticipated that $19.2 million will be returned before the completion of this proceeding.
However, the Company has received insurance proceeds from Hurricane Ike associated with its
transmission system in the amount of $1.569 million. As such, the Company proposes renaming
Rider RUWC as Rider IPC - Insurance Proceeds Rider and for the tariff to be updated to ref1ect
the credit amount of $1.569 million to be returned over an anticipated three-year period or until
the funds are fully returned.
C. Effect of Proposed Change on Company's Revenues
The Application supports a net increase in retail transmission and distribution rates of
approximately $76 million over adjusted test year revenues, which is an increase of around 5%.
It also supports an approximately $18 million increase for wholesale transmission service, which
is an increase of around 7.5%. The proposed increase constitutes a "major change" as that term
is defined in PURA 9 36.101.
D. Advanced Metering System Surcharge and Reconciliation
Consistent with the Final Order in Docket No. 35639 and Substantive Rule 25.130,
CenterPoint Houston has included in this Application its reconciliation and adjustment to its
AMS surcharge. CenterPoint Houston used January 1,2009 through March 31, 2010 as the
AMS reconciliation period. In addition to the reconciliation required by Docket No. 35639 and
Substantive Rule 25.130, the Application also proposes an adjustment to the AMS surcharge to
account for the acceleration of its AMS project due to the receipt of a Smart Grid Investment
Grant from the Department of Energy. As ref1ected above, the proposed adjustments to Rider
AMS keep the surcharge amounts at the same level as the surcharge amounts approved in Docket
No. 35639, but they will be charged over a shorter period of time.
E. Rate Case Expenses
CenterPoint Houston seeks recovery through Rider RCE of all reasonable rate case
expenses incurred by the Company or by any intervening city awarded such recovery in this
case.
VI. PROTECTIVE ORDER
CenterPoint Houston has included in Section VII of the rate filing package a proposed
protective order. The proposed protective order is the same as the protective order issued in
Docket No. 36918, the proceeding to determine the Company's Hurricane Ike restoration costs,
with two minor exceptions: the Office of the Attorney General has been added to the parties
listed both in the last sentence of paragraph 8 and in the last sentence of paragraph 35.
CenterPoint Houston has designated certain documents included in this Application as
either Protected Material or Highly Sensitive Protected Material under the terms of the proposed
protective order and anticipates it being necessary for the Company or other parties to submit
additional documents containing confidential material during discovery in this case. The
Company therefore requests approval of the proposed protective order included in Section VII of
the rate filing package. Until a protective order is issued in this proceeding, the Company will
provide access to the confidential information submitted with this Application to parties that
agree in writing to be bound by the proposed protective order as if it had been issued by the
Commission.
VII. NOTICE
CenterPoint Houston intends to provide the following notice of this proceeding as
required by Procedural Rule 22.5l(a):
· pursuant to Procedural Rule 22.5l(a)(1), CenterPoint Houston intends to publish
the form of notice attached as Exhibit B in the Houston Chronicle, a newspaper
having general circulation in each cOlmty containing territory affected by the
proceeding, once each week for four successive weeks;
· pursuant to Procedural Rule 22.51 (a)(2), CenterPoint Houston intends to mail the
form of notice attached as Exhibit B to (a) each of the ERCOT wholesale
transmission customers on the service list in Docket No. 37680, Commission
Staff's Application to Set 2010 Wholesale Transmission Service Charges for the
Electric Reliability Council of Texas and (b) each REP listed on the
Commission's website as of the date on which notice is sent;
· CenterPoint Houston intends to provide a copy of the Application and rate filing
package B to each party in Docket No. 32093, the Company's last general rate
case; and
· CenterPoint Houston intends to provide a copy of the form of notice attached as
Exhibit B to each party in Docket No. 35639, the proceeding that approved the
Company's AMS Deployment Plan.
In a separate motion, CenterPoint Houston requests approval of its proposed form of notice prior
to publishing and distributing that notice as indicated above.
VIII. REQUEST FOR RELIEF
CenterPoint Houston requests that the Commission (1) approve the rates requested in this
Application, including Rider DCRF; (2) approve the reconciliation and adjustment to Rider
AMS; and (3) grant CenterPoint Houston such other relief to which it has shown itself entitled.
Respectfully submitted,
J~~A"4-
Assistant General Counsel
State Bar No. 24033150
CenterPoint Energy, Inc.
P.O. Box 61867
Houston, Texas 77208
713.207.7261
713.574.2261 (fax)
Ann Coffin
State Bar No. 00787941
Parsley Coffin Renner LLP
P.O. Box 13366
Austin, TX 78711
512.879.0900
512.879.0912 (fax)
COUNSEL FOR CENTERPOINT ENERGY
HOUSTON ELECTRIC, LLC
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS i
COUNTY OF HAlUUS ~
I, e...h \J c..i. f,v~ e.L~~.J "'i1fL-, as a member of the City of La Porte ~d{} NGtL
, make this affidavit and hereby on oath state the following: I have a
substantial interest in a business entity or real property as defined in Chapter 171, Texas Local
Government Code. and a vote is to be taken or a decision is to be made that will have a special
economic effect on this business eDtity or real property.
I have a substantial interest for the following reasons: (check all which are applicable)
Ownership of 10% or more of the voting stock or shares of the business entity.
== Ownership of 10% or more or $15~!xx) or more oftbe fair market va1ueofthe
~ entity.
~ Funds received from the business entity exceed 10% of gross income for the
previous year.
_ Rea1property is involved and I have an equitable or legal ownership of the
property with a fair market value of at least $2,.500.
_ A relative of mine has a substmtial interest in the bI2siness entity or real
property that would be affected by a. decision of the public body of which I
am a member.
Upon filing of this affidavit with the City Secretary. I affirm that I will abstain from voting on any
decision involving this business entity or real property and from any further participation on this
matter by di~!':.cion or debate.
Singed this '2.L day of :r u lj . 20 10 .
~cial~~
THE STATE OF TEXAS~
COUNTY OF HARRIS ~
~t. .. lie} on !his day J""SODlllly awe=!
J:nown to me to be the person whose name is subscribed to !he
foregoing' a.cl::nD ledged to me that helsbe executed the same for the purposes and
consideration therein expressed.
Given tmier my hand and seal of office this Z!J:: day of 1"", .I III . 2O~.
(SEAL) ~
4
~'131""
MARTHA GfI:LETT
. My Commission Expires
\. \ V'- / August 31. 2013
',s.,,",._ :"-;:',~'./
10
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: July 26, 20 I 0
Appropriation
Requested By: Ron Bottoms
Source of Funds:
Department: Adm i nstration
Acc't Number:
Report: ~Resolution: X Ordinance:
Amount Budgeted:
Exhibits:
Coalition of Cities Resolution
Amount Requested:
Exhibits:
Bud2.eted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
Attached is a resolution to join the Houston Coalition of Cities for intervening into the CenterPoint Energy rate case.
On June 30, 2010, CenterPoint Houston tiled a Statement of Intent to change electric rates within its service territory
a proposed $94.5 million increase in its revenue requirement. Therefore, the City of Houston is inviting our
pal1icipation in the Houston Coalition of Cities, a Coalition representing municipalities' interests in the rate case
proceedings. No financial contributions by member cities will be required. The City of Houston will pay all costs
associated with the proceedings.
According to representatives of the City of Houston, in a recent rate case the cost to the consumer was around 26 cents
per month, for three years, for the rate case expenses but the rate case proceedings saved the consumers $6 per month
of ongoing expenses. Their point was that intervening in these proceedings do provide a considerable benefit to the
consumers.
Action Required by Council:
C )nsider approval of join ing the Houston Coal ition of Cities by passing the attached resolution.
<J hy )/1)
,
Date
RESOLUTION NO. 2010- 11
RESOLUTION OF THE CITY OF LA PORTE, TEXAS, PERTAINING TO
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC APPLICATION TO CHANGE
ELECTRIC RATES PENDING AS DOCKET NO. 38339 AND RELATED
PROCEEDINGS.
WHEREAS, on or about June 30, 2010, CenterPoint Energy Houston Electric,
LLC ("CenterPoint Houston") filed a Statement of Intent and Application for Authority to
Change Rates ("New Rates") with the Public Utility Commission of Texas ("Commission
") under Docket No. 38339; and
WHEREAS, any rate changes ordered by the Commission in the proceedings
could affect CenterPoint Houston's rates for wholesale electric transmission customers
and for transmission and distribution services to competitive retailers such as retail
electric providers, municipalities and electric cooperatives serving end-use retail electric
customers in CenterPoint Houston's certificated service territory and may affect the
retail electric customers of those competitive retailers depending on whether and how
the competitive retailers choose to pass along to their retail electric customers those
changed rates; and
WHEREAS, the Commission referred the proceedings to the State Office of
Administrative Hearings (SOAH) on June 30, 2010 requesting the assignment of an
Administrative Law Judge to conduct a hearing and issue a proposal for decision to the
Commission if necessary; and
WHEREAS, the deadline for the Commission to rule on the proceedings is
January 3,2011, 185 days after June 30,2010, the date on which CenterPoint Houston
submitted its application for New Rates to the Commission; and
WHEREAS, certain municipalities have indicated their desire to join with the City
of Houston, Texas in a coalition of cities interested in the conduct of the proceedings
and to authorize the coalition to intervene on behalf of the participating municipalities
therein; and
WHEREAS, the coalition of cities shall be led ty the City of Houston, which shall
direct the selection of legal counsel and consultants on behalf of the coalition.
WHEREAS, interested parties must seek party status to comply with the
intervention deadline to be set in the proceedings; and
WHEREAS, the City Council finds that the City's participation in the coalition of
cities will achieve coordinated efforts among similarly situated affected municipalities in
order to maximize the efficient use of resources and expertise in reviewing, analyzing,
and investigating CenterPoint Houston's rate filing; and
WHEREAS, City Council has determined that it is in the best interest of the City
that the City participates with the coalition of cities in the proceedings; NOW
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE, TEXAS:
Section 1: That the statements and findings recited in the preamble to this
Resolution are found to be true and correct and are hereby adopted as part of this
Resolution.
Section 2. That the City is hereby authorized to join with other municipalities as
part of the coalition of cities and to participate to the fullest extent permitted by law in
proceedings affecting the rates, operations and services of CenterPoint Houston for
customers within the City of La Porte, Texas and in particular regarding the New Rates.
Section 3. That the City is hereby authorized to intervene in the proceedings as
a member of the coalition.
Section 4. That such outside counsel that the City of Houston may select, shall
represent the City in all of the proceedings and are hereby authorized to take all legal
and other actions necessary to forward the interests of the City in the proceedings and
all matters related to such proceedings, including without limitation any hearings,
conferences, negotiations and related Proceedings..
Section 5. That this Resolution shall take effect immediately upon its passage
and approval in the manner required by the City Charter and ordinances.
PASSED AND ADOPTED this ~ day of CluJ tj , 2010
APPROVED this >> day of \J~ ,2010
~~J
Daryl onar
Mayor ro- T em of the City of La Porte , Texas
L)h8T
V!ifi~ ~wdLl
Martha Gillett, City Secretary
A?r~r ~
Clark T. Askins, Asst. City Attorney
2
CONFLICT OF INTEREST AFFIDAVIT
THE STATE OF TEXAS i
COUNTY OF HARRIS ~
I. ~ V L-~ GAtS €L-JU>.u -s (\- as a member of the City of La Porte ~ V IV LIL.-
, make tlrls affidavit and hereby on oath state the following: I have a
substantial interest in a business entity or real property as defined in Chapter 171, Texas Local
Government Code, and a vote is to be 1ak.en or a decision is to be made that will have a special
economic effect on this business eotity or real property.
The agenda item c)( t'JvW\b-e.-IO ~(L J~ 'Lv, ?D~, affecting this business entity or real
property is: r-. -e "IL !Lt!.."5,)t,v-!t J,/ .A V+AMP../#-J ~..e. ~ \-t. ~ . Ol() ~ n-e
~\Js\o;c( CoN.,-ho,uo F ('t-\'"~'; oN fZA-+~ (Jfl-OC.-Q-<?{/I/lf] ") S. "LOIO-/7
COMPLETE (A) OR (B): (A) The business entity is c.e.~~ ~O(N~ EiN.f'1ItJtj (name); or
(B) The real property is located at:
I have a substantial interest for the following reasons: (check all which are applicable)
_ Ownership of 10% or more of the voting stock or shares Dfthe business entity.
_ Ownership of 10% or more or $15,(0) or more of the fair market value Dithe
~ entity
V Ftm1s ~ed from the business entity exceed 10% of gross income for the
previoos year.
_ Real property is involved ml I have an equitable or legal ownership of the
property with a fair marl.:et value of at least $2,500.
_ A relative of mine has a substmtial interest in !be business entity or real
property that would be a:ffected by a decision of the public body of which I
am a member.
Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any
decision involving this business entity or real property and from any further participation on this
matter by discussion or debate.
Singed this 2<0 day of
~UL~ ,20~.
ChJ ~}
Signature of Official
THE STATE OF TEXAS ~
COUNTY OF HARRIS ~
~me 11 ~; /Ie-H on this day personally appeared
, of"'iJjL..lcnown to me to be the person whose name is subscribed to the
foregoing' and aclaxlwledged to me that he/she executed the same for the purposes and
consideration therein expressed.
Given under my hand and seal of office ~~ day of , 2O~.
(SEAL)
MARTHA GILLETT
My Commission Expires
August 31. -2013
--- -- -- ~.,...~" ..
11
-:r+ ~ m '+trb Ie d...
e 11~(P/lo ~
REQUEST FOR CITY COUNCIL AGENDA ITEIVI
Agenda Date Requested: July 26, 2010
Appropriation
Requested By:
Stephen L. Barr
Source of Funds:
N/A
Department:
Parks & Recreation
Acc't Number:
Report: _Resolution: ~Ordinance:
Amount Budgeted:
Takings Resolution
Amount Requested:
Exhibits:
Bud!!eted Item:
YES
NO X
Exhibits:
Exhibits:
SUMMARY & RECOMMENDATION
--------
In December 2009 the City of La Porte sent a request for easement to CenterPoint Energy for a
proposed bicycle-pedestrian pathway between the new Pecan Park and the Brookglen community. The easement
is necessary to be able to connect the park with the community across the CenterPoint power line corridor. A
section of the easement (approximately 126 feet) would run parallel to the power line corridor. CenterPoint is
opposed to an easement that runs parallel to their corridors, although they have no objection to running
perpendicular to their corridors.
The issue for them is a legal issue because the city cannot legally indemnifY a public utility, so they feel
that granting the easement places an undue liability burden on them. Staff members from both groups have met
to try to resolve the problem without success. CenterPoint has notified us that they will be sending a formal letter
of rejection of the easement (which we have not yet received).
In consultation with the City Attorney, the only recourse the City has to obtain the necessary easement,
other than legislative intervention, is to exercise our right of condemnation for the .0644 acres of land that we
need to be able to build the pathway. The City Attorney will be obtaining an appraisal of the property values for
the condemnation procedure. At this time there is no estimate of the cost of the condemnation.
Counsel has recommended that staff present the attached Takings Resolution that will put CenterPoint
on notice that we intend use the City's condemnation power to obtain an easement on this property.
Action Required bv Council:
Con ider approval of a Takings Resolution for acquisition of 0.0644 acres of land by condemnation
fr m Ce . t Energy as described in the metes and bounds in said Resolution, by the City of La Porte.
Ron Bottoms, City Manager
7;!/-~
Date
RBSOLUTXOR RO. 2010-~
A RBSOLUTXON AUTHORXZXNG THB ACQUXSX~XOR OF A ~BN (10) FOOT WXDB
PBDBSTRI:AN/BJ:D EASJDIBNT, COIlTAXRXRG 0.06'" ACRES m TKB cJ:n OF LA
PORTB, 1'J:NJ)D1'G COIIPLJ:.ARCB WJ:TH ~BB OPBR IIBBTXRGS LAW, ANJ) PROV:mXHG
AN BFFBC~IVB DATB HBREOF.
WBBRBAS, the city Council of the city of La Porte has found
and determined that public necessity requires the location of a
right-of-way for pedestrian/bike purposes on the hereinafter
described real property, in the city of La Porte, Harris County,
Texas;
WHEREAS, the City Council of the city of La Porte has found
and determined that a right-of-way for a ten (10) foot wide
pedestrian/bike easement over and across the hereinafter described
real property is suitable and needed for right-of-way purposes, and
that it is necessary to acquire same for right-of-way purposes; and
WBBRBAS, the City Council of the City of La Porte deems it
advisable to authorize, and does hereby authorize, Knox W. Askins,
City Attorney of the City of La Porte, or his designated
representative, to represent the City of La Porte in the
acquisition of the hereinafter described property;
HOW ~UFORE, BB XT RESOLVED BY TUB cJ:n COUHCXL 01' TUB CX'1'Y
OF LA PORTB.
section 1. That the said Knox W. Askins, as city Attorney for
the City of La Porte, or his designated representative, be and he
is hereby authorized to negotiate with the owners of the
hereinafter described land, concerning the acquisition by the City
of La Porte, of a right-of-way for a ten (10) foot wide pedestrian/
bike easement, located in the City of La Porte, Harris County,
Texas, said right-of-way being more particularly described on the
metes and bounds description, attached hereto as Exhibit "A", and
the plat, attached hereto as Exhibit "Bn, incorporated by reference
herein, and made a part hereof for all purposes, at the fair market
value for same, and should said City Attorney, or his designated
representative, as the duly authorized representative of the City
of La Porte, be unable to agree with such owners as to the fair
market value of such pedestrian/bike right-of-way, then, and in
that event, said attorney be, and he is hereby authorized and
directed to file against all owners and lienholders, proceedings in
eminent domain to acquire the above described property, for
pedestrian/bike easement right-of-way purposes.
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 resolution 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 Resolution shall be effective from and after
its passage and approval.
PASSED AND APPROVED this 26th day of July, 2010.
CITY OF LA PORTE
J:}e rr1 -!abJ-e 1
By:
Daryl Leonard,
Mayor Pro-Tem
ATTEST:
Martha A. Gillett
City Secretary I
APPROVED: .
~aJq~
Knox W. Askins
City Attorney
2
Exhibit "A"
METES AND BOUNDS DESCRIPTION
0.0644 ACRES OF LAND IN THE WILLIAM M. JONES
SURVEY, ABSTRACT No. 482
IN HARRIS COUNTY, TEXAS
(10' PEDESTRIAN/BIKE EASEMENT
HOUSTON LIGHTING AND POWER Co. TRACTS)
BEING a 0.0644 acre tract of land situated in the William M. Jones Survey, Abstract No. 482 in
Harris County, Texas and being a part of that certain 12.87 acre tract of land described in the
deed to Houston Lighting and Power Co. recorded in Volume 2480, Page 600, Deed Records of
Harris County, Texas together with a part of that certain 4.912 acre tract of land described in the
deed to Houston Lighting and Power Co. recorded in Volume 6442, Page 474, Deed Records of
Harris County, Texas, said 0.0644 acre tract is described by metes and bounds as follows:
COMMENCING at a 1 inch pipe on the South line of Spencer Highway, being the Northeast
corner of said 12.87 acre tract; THENCE, South 03 degrees 06 minutes 25 seconds East, along
the East line of said 12.87 acre tract and the West line of that certain 16.72 acre tract of land
described in the Judgment to Coastal Industrial Water Authority recorded in Harris County
Clerks File No. E165986, Official Public Records of Real Property of Harris County, Texas,
2,063.85 feet to the POINT OF BEGINNING of this tract herein described;
THENCE, South 03 degrees 06 minutes 25 seconds East, along the East line of said 12.87 acre
tract and the West line of said 16.72 acre tract, 10.08 feet to a point on a non-tangent curve to
'the left whose radius is 1,250.00 feet and whose radius point bears South 03 degrees 56
minutes 06 seconds West;
THENCE, in a Westerly direction along said curve, passing the West line of said 12.87 acre
tract which is the East line of said 4.912 acre tract and continuing along said curve in all through
a central angle of 07 degrees 03 minutes 39 seconds, 154.04 feet;
THENCE, South 86 degrees 52 minutes 27 seconds West, 126.34 feet to the East line of that
certain tract of land described as Tract 4 in the document recorded in Harris County Clerks File
No. 0674061, Official Public Records of Real Property of Harris County, Texas;
THENCE, North 03 degrees 06 minutes 25 seconds West, along the East line of said Tract 4,
10.00 feet;
THENCE, North 86 degrees 52 minutes 27 seconds East, 126.34 feet to the beginning of a
tangent curve to the right whose radius is 1,260.00 feet;
THENCE, in an Easterly direction along said curve, passing the East line of said 4.912 acre
tract and the West line of said 12.87 acre tract, continuing along said curve in all through a
central angle of 07 degrees 00 minutes 17 seconds, 154.04 feet to the POINT OF BEGINNING
and containing 0.0644 acres of land.
Page 1 of 3
K:\proj\survey\02121301 West end\M&B CenterPoint Esmt.doc
Bearings are based on the Texas Plane Coordinate System, South Central Zone (No. 4204)
North American Datum of 1983 (NAD 83) CORS adjustment based from satellite observations.
This description was prepared in conjunction with surveys made on the ground in March and
April 2009 and in conjunction with the attached survey drawing dated July 15, 2010.
July 15, 2010
~7./J1"2CJ/o
By: Huitt-Zollars, Inc.
Steven E. Williams, R.P.L.S.
Texas Registration No. 4819
Page 2 of 3
K:\proj\survey\o2121301 \West end\M&B CenterPolnt Esmt.doc
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0.0644 ACRES OF LAND IN THE
WILUAM M. JONES SURVEY,
ABSTRACT No. 482 IN HARRIS
COUNTY TEXAS
(10' PEDESTRIAN/BIKE
EASEMENT. CENTERPOINT
ENERGY)
CITY OF LA PORTE
HUITT -70LLARS. INC.
1500 S. DAIRY ASHFORD
SUITE 200
HOUSTON, TX 77077
PHONE 281.496-0066
fAX 281-496-0220
604 WEST FAIRMONT PARKWAY
LA PORTE, TEXAS 77571
281-471-5020
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DATE
CONFLICT OF lNTEREST AFFIDAVIT
THE STATE OF TEXAS i
COUNTY OF HARRIS ~
I, Gh V~ bvC-EL7Lf!);jg-amember of the City of La Porte Cou.P'~~
, make this affidavit and hereby on oa1h state the following: I have a
substantial interest in. a business entity or real property as defined in. Chapter 171, Texas Local
Government Code, and a vote is to be taken or a decision is to be made that will have a special
economic effect on this business entity or real property.
The agenda item (){r: )JVVlt l"'1"- I ( rOIl- ~ ~ 20 J 0 ,affecting this business entity or real
property is: 1A14~J r- '("soc-vll ;'.-u h,/l ACyU1SIT/O,v dF, Oi'PW .4C1l-~S or:: LJI'./I) _
f3 Q,Nl>~I11/"~UJ,v r-fLI),~ f~-,,-..f.J?~..lb//Yf L";.t-P/t jI, h:?/l... ",,~i/-L~/'.h1-e.~ #~ Ped4L,hu,fM/..a4.<.L~ 7R...
COMPLETE (A) OR (B): (A) The business entity is C.e.ut~{L~l:>IN~ {;"rv-eIUi,/ (name); or
(B) The real property is located at:
1 have a substantial interest for the following reasons:. (check all which are applicable)
_ Ownership of 10 % or more of the voting stock or shares of the business entity..
_ Ownemhip of 10% or more or $15,000 Dr more of the fair ~ket value of the
~.entity.
~ Funds received from the business entity exceed 10 % of gross income for the
previous year.
Real property is involved and I have an equitable or legal oWDeI5hip of the
property with a fair maiket value of at least $2,500.
_ A relative of mine bas a substmtial interest in the business entity or real
property that would be affected by a decision of the public body of which r
am. a member.
Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any
decision involving this business entity or real property and from any further participation on this
matter by discussion or debate.
Singed this .z.Jo day of
~~ .20I~}
Signature of OffiS
THE STATE OF TEXAS i
COUNTY OF HARRIS i
~ ~. 6; II e# on 1lDs day pe=nally aweare<I
.. 'f. known to me to be the pexson whose name is subscribed to the
ing . . acknowledged to me that he/she executed the same for the purposes and
considera1ion thetcin. expressed..
Given under my hand and seal of office ~daYOf Jidli . 20 / () .
(SEAL) -------r
&~Ol'~& .snlSnv
SlJldX3 UOIlSIWW03 Aft
ll3l1I9VHlWW
12
.'- -
A
--
----~
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Julv 26. 2010
Bude:et
Requested By:
D. Wilmore
Source of Funds:
Department:
Plannin~
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Exhibits:
Substantial Damage (SD) List
Amount Requested:
Exhibits:
Travel Trailer/ FEMA Unit List
Budgeted Item: YES
NO
SUMMARY & RECOMMENDATION
At the past 01/25/10 workshop, City Council provided staff with direction regarding the use ofFEMA temporary
housing units/private travel trailers, permit fee waivers and the continued use of blue roofs. It has now been a year
and ten months since Hurricane Ike devastated our area. The purpose of this workshop is to provide Council with an
update on the remaining "substantially damaged" homes, an updated list of the remaining FEMA temporary housing
units (THUs)/private travel trailers while also seeking direction from Council on trailers, blue roofs and permit fees.
. Update - as of 07/09/10, only three (3) addresses of the original fifty-seven (57) "substantially damaged
homes" remain. Two of the individuals say they are still dealing with their insurance companies while the
third one has just completed her new home and is considering a possible voluntary consent to demolish and
letting the city handle the demolition process.
. Following Ike, we issued fifty-six (56) trailer permits that included eight (8) FEMA THUs. As of 07/07/10,
one (1) FEMA THU and two (2) private trailers remain. The owners of208 Bay Colony and 619 So.
Shady Lane both requested and received a 90-day extension on their trailers based on their continued
progress. The final address of 3115 Weatherford has expired Ike repair permits. Weare unable to confirm
progress and our attempts to meet with the individual have been unsuccessful.
At this time, based on the lack of progress on repairs, staff recommends utilizing code enforcement action
to ensure removal of the trailer from 3115 Weatherford. Staff is requesting direction from Council.
. In September 2009 and January 2010, Council asked staff to "not address" blue roofs as long as they were
installed/maintained properly and no deadline was provided. At this time, staff wants to confirm with
Council that this policy should continue without change.
· At the January 2010 workshop, Council directed staff to continue to waive all Ike related permit fees until
the trailer program end date of 07/09/1 O. While we still receive an occasional request for an Ike related
permit, the requests are minimal. Staff wants to confirm with Council that they would like to re-instate all
permit fees at this time.
1 Ill-hf)
Datl!
SUBSTANTIAL DAMAGE (SD) LIST
(As of 06/04/10 List & RSDE Reports)
Address % Damaged HCAD Name
1) 207 Bay Colony Circle 52.46% Clifford H. Farley
2) 6 Pine Bluff 105.91 % Donald Remmel
3) 3130 Weatherford 94.02% Marcia Kling
-----------------
-----------------
The structures shown below were elevated l' above BFE which NOW allows repair
of the structure.
"SD" LIST OF ELEV A TED STRUCTURES
Address %Damaged HCAD Name
4) 531 S. Shady Lane
82.56%
Raefael A. & Doris Rivera
5) 110 Bay Oaks Rd.
78%
Sandra Sanchez
6) 130 Bay Oaks Rd
74.51 %
Melton Koch
7) 619 S. Shady Lane
68.29%
Wesley Mc Nally
The following addresses are substantially damaged homes that have been or will be
demolished.
Address % Damaged HCAD Name
8) 205 Bay Colony Drive 53.61 % Walter Cubberly (Demo complete)
9) 208 Bay Colony Drive 103.45% Michael Manering (Demo complete)
10) 6 Bay Oaks Rd. 58.36% Hugh McCulley (Demo complete)
11) 115 Bay Oaks Rd. 53.18% Linda Hutfless (Demo complete)
12) 406 Bay Oaks Rd. 763.55% (M Home) Douglas J. Baird (Demo complete)
13) 415 Bay Oaks Rd 172.50% R D Bartley (Demo complete)
14) 3143 Carlisle St. 118.66% Laura Reeves (Demo complete)
SD List as of 06/04/2010 Page 2
Address % Damaged HCAD Name
15) 3031 Fondren St. 114.83% Farley Fontenot (Demo complete)
16) 3111 Green Leaf 64.74% Thongkam Carpenter (Demo complete)
17) 3803 Marlin Ln. 77.98% Deborah Kime (Demo complete)
18) 412 N. Shady Lane(aka414) 73.53% Dorothy Everett (Demo complete)
19) 427 N. Shady Lane 72.82% Micah Richardson (Demo complete)
20) 626 N. Shady Lane 110.96% Christina Williams (Demo complete)
21) 138 Pine Bluff St. 816.18% (M Home) Dwayne Steele (Demo complete)
22) 3811 Sailfish Lane 68.25% Est. of JesseCharles Haver (Demo complete)
23) 406 S. Shady Lane 57.53% Aline Cook (Demo complete)
24) 407 S. Shady Lane 174.67% Jack A. Cook (Demo complete)
25) 418 S. Shady Lane 80.63% Arthur B. Kelly (Demo complete)
26) 510 S. Shady Lane 91.48% Terry Hilborn (Demo complete)
27) 523 S. Shady Lane 80.60% Lloyd Cyr (Demo complete)
28) 603 S. Shady Lane 70.06% Cecil Redd (Demo complete)
Was: Henry S. Veltkamp
29) 611 S. Shady Lane 90.04% Now: CLP, Trustee (Demo complete)
30) 522 S. Shady Lane 88.70% Robert Biaza (Demo complete)
31) 3706 Sunrise 310.27% Kathy Coleman (Demo complete)
32) 3708 Sunrise 58.18% Suzann Richardson (Demo complete)
(3) "Substantially Damaged" (SD) Structures Remain
(4) "SD" Structure Was Elevated above BFE
(25) "SD" Structures are part of the Demolition Process
(25) "SD" Structures that are now "Non-Substantially Damaged" (NSD 2)
TOTAL (57)
SD List as of 06/04/2010 Page 3
"NSD 2" LIST
Address %Damaged HCAD Name
240 Bay Colony Drive 33.79% Timothy W. Kelley
506 Bay Colony 27.13% Albert Kinnard
203 Bay Oaks 40.4 7% Otis Wright
3914 Bonita 41.01 % Lisa Koch
3915 Dolphin 35.53% Michael Boyaki Jr.
223 Dwire 38.60% Brian Pitcox
408 Dwire 2.97% Max Joines
3103 Green Leaf Ln. 49.82% Bettye Dej on
3203 Lazy Pine 33.92% Caroline Wilkins
3811 Marlin 42.15% Cory Briscoe
322 N. Shady Lane 46.77% Noe Juarez
420 N. Shady Lane 20.37% Curtis L. Everett
503 N Shady Lane 30.28% LuLu Lopez
526 N. Shady Lane 38.96% Denise & Lloyd Spevack
814 Oak Leaf 47.90% Frank Sawberger
3803 Sailfish 31.67% Ricky Holland
3910 Sailfish 29.28% Paul Dobos
419 S. Shady Lane 29.29% Robert Byrd
435 S. Shady Lane 42.74% Benjamin Ritchie
502 S. Shady Lane 45.28% John Walston
527 S. Shady Lane 17.81% J. J.Meza
618 S. Shady Lane 42.59% T eri Walston
SD List as of 06/04/20 1 0
Page 4
"NSD 2" LIST
Address
3910 Tarpon
3911 Tarpon
3914 Tarpon
%Damaged
49.43%
45.73%
44.96%
HeAD Name
George Ann Adams
Julie Bowers
Burtine Higgins
s:\city planning share\04-inspections division\inspections\substantial damage Iist.doc
STILL ON SITE: 3
TRAVEL TRAILER/FEMA UNITS
JULY 7, 2010
208 BAY COLONY DR - FEMA THU
619 S SHADY LN - PRIVATE TRAILER
3115 WEATHERFORD - PRIVATE TRAILER
REMOVED: 53
615 BAY COLONY DRIVE
210 BAY OAKS RD
427 BAY OAKS RD
3030 BAYOU DR
211 S BAYSHORE
716 S BLACKWELL
3802 BONITA
3122 BONNER
3143 CARLISLE
219 CRESENTVIEW
11007 DOGWOOD
3803 DOLPHIN
102 DWIRE
314 DWIRE
3031 FONDREN
3107 GREEN LEAF
3111 GREEN LEAF
906 HOLLOW TREE
930 HOLLOW TREE
934 HOLLOW TREE
10614 NORTH l
10811 NORTH L
3023 LA YN E
3007 LAZY PINE
3114 LAZY PINE
3806 MARLI N
3911 MARLIN
9212 MOHAWK
810 OAK LEAF
811 OAK LEAF
902 OAK LEAF
1011 OAK LEAF
222 OAK HURST
10303 RUSTIC ROCK
3906 SAILFISH
3907 SAILFISH
410 N SHADY LN
416 N SHADY LN
503 N SHADY LN
526 N SHADY LN
414 S SHADY LN
418 S SHADY LN
502 S SHADY LN
522 S SHADY LN
600 S SHADY LN
618 S SHADY LN
719 SHADY RIVER
3703 SOMERTON
3706 SUNRISE
3819 TARPON
3911 TARPON
2528 WESTVIEW
3110 WOODLAND CT
S:\Council Agendas - Draft\CITY COUNCIL DRAFT FOLDERS\07.26.2010\Planning\lke Trailers Update\03 - Travel Trlr & FEMA THUs List.xlsx
TRAVEL TRAILER/FEMA UNITS
JULY 7, 2010
S:\Council Agendas - Draft\CITY COUNCil DRAFT FOlDERS\07.26.2010\Planning\lke Trailers Update\03 - Travel Trlr & FEMA THUs list.xlsx
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
7-26-10
Bud2et
Requested: LP SlIfl'ty Town Committl'p Chllir. Off Stlln!p
Source of Funds:
Departments. PQIiI.:~, Fir~, EMS, EM, Parks, Pubh: Works
Account Number:
Report: X Resolution:
Ordinance:
Amount Budgeted:
Safety Town Power Point
Amount Requested:
Exhibits:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
The Staff of the above listed City Department's is proposing the construction of a La Porte Safety Town, where
children throughout the region would be provided year-round instruction relating to a variety of safety topics. The
project represents a joint venture between the City of La Porte, the La Porte lSD, and area businesses/industry. Due
to the scale of the project and the number of entities involved, a La Porte Safety Town Committee was created. The
purpose of this presentation will be to provide City Council with an introduction and overview of the project and
solicit council comments, recommendations, and general support. No funds are being requested at this time.
7 ) J)... /to
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15
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Julv 26. 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: June Activitv Report
Exhibits
SUMMARY & RECOMMENDATION
Attached is a staff report highlighting Inspection Division activities.
Council:
ouncil A end a
~ ILl /v
Date
Memo
To:
Mayor and City Council
Debbie S. Wilmore, Chief Building Official
Ron Bottoms, City Manager; John Joems, Assistant City Manager; and Tim
Tietjens, Director of Planning
7/19/2010
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 and our June Activity Report.
Assistance on 3016 Carlisle
. An owner of the duplex called our office manager and expressed frustration on getting
the power turned on. Despite conversations with her provider (Reliant) she was
unsuccessful in getting power turned on or in understanding what was needed to do so.
Our office manager agreed to assist her and contacted Centerpoint. They explained
the issue was with the provider.
Staff obtained the provider number from the owner but Reliant could not assist her
without the account number. Staff re-contacted the owner and then re-contacted
Reliant. After many phone calls and time spent on hold, it was determined the power
could be turned on and Reliant scheduled the work. Once the power was on, the
owner called the City Secretary's office to express her appreciation of staff's extra
help in resolving the matter.
Assistance on 3246 E. Plantation
· Owner of a mobile home being moved into a park was trying to coordinate building
setup as well as electrical and plumbing hookups while also having to deal with the
demands of his wife's hospital stay.
With his wife being released from the hospital, he explained his need for a quick
inspection and we were able to accommodate him. Once the inspection was complete,
the owner took the time to call our office back and thank us for our help.
Highlight Memo Con't.
Page 2
June Activity Report
. (3) New Commercial permits - Valuation is $163,000
1900 N E Street - (Modular operations [UPRRj building & site improvements)
1101 S. Broadway Street, #A (Water/ice kiosk)
8060 Spencer Highway (Construction Trailer- collegejob)
. Increase of(43) inspections from May
. Decrease of (2) customers (counter) sign-ins from May
. Decrease of (14) code enforcement cases from May
(69) weed cases were part of the overall (136) total cases
. Ofthe (136) June cases, (46) or 34% were resolved in June
. Page 2
. INSPECTION SERVICES
ACTIVITY REPORT.:FOR JUNE 1. 0 'I'HRU JUNE 30, y~010"
':!;;:
r:!'!i!'i:ii~,
NEW RESIDENTIAL PERMITS: 3
VALUATION 299,451
NEW COMMERCIAL PERMITS: 3
VALUATION: 163,000
INSPECTIONS PERFORMED: 367
SLABS 51
ELECTRICAL 68
PLUMBING 78
COVERUP 23
FINAL 36
FRAME 9
MISC. 102
CUSTOMER SIGN IN: 394
OPEN RECORDS REQUEST: 12
COMMERCIAL PROJECTS PENDING - NEW CONSTRUCTION OR
REMODELS OVER $50.000 9
FOLLIS CONSTRUCTION - 223 N 10TH ST - 09-1141 - METAL BUILDING
CONSTRUCTION MASTERS OF HOU - 3202 LUELLA - 09-1396 - CHILD CARE
MRE BUILDERS -702 HWY 146 S - 09-1496 - NEW HOTEL (SUPER 8)
DUROTECH - 3501 LUELLA BLVD - 10-219 - NEW COMMERCIAL
RAM DESIGN - 920 W MAIN - 10-295- CLP ARCH
WAREHOUSE RACK CO - 10051 PORTER - 900- 10-400- PALLET RACKS
ACTION ENG & INSPEC - 317 N BROADWAY ST. - 10-721 - NEW COMMERCIAL
SIP CONSTRUCTION - 9705 SPENCER HWY - 10-840 - NEW COMMERCIAL
ATW DETAILED SOLUTIONS, INC- 1900 NEST - 10-1006 - MODULAR
BUILDING
TIRZ
NONE
1
CODE ENFORCEMENT
CODE ENFORCEMENT NUMBER OF COMPLAINTS, CASES
CASES JUNE 2010
(COMMUNITY SERVICE) CITY INIT A TED CITIZEN COMPLAINT TOTAL
ALCOHOL CHECK 4 0 4
BASKETBALL GOALS 0 0 0
BUILDING 1 4 5
MAINTENANCE
BUILDING 0 0 0
PLACEMENT
CAR FLYERS 0 0 0
CONTAINERS 0 0 0
COIN OPERATED 0 0 0
MACHINE
DANGEROUS 0 0 0
BUILDING
DEBRIS 6 4 10
EXTERIOR STORAGE 0 1 1
FENCES 4 1 5
FORWARD TO OTHER 2 3 5
DEPARTMENTS
GRAFFITI 0 0 0
HEALTH ISSUES 0 1 1
ILLEGAL DUMPING 0 0 0
ILLEGAL MOBILE 0 0 0
HOMES
JUNK VEHICLES 1 4 5
LIVESTOCK 0 1 1
MISCELLANEOUS 0 1 1
OFFICE TRLR 0 0 0
OFF SITE PARKING 0 0 0
POOLS 1 1 2
SCREENING REQUIRED 0 0 0
SECURING BUILDINGS 0 1 1
SEWAGE 0 1 1
SIGNS 0 0 0
SIGNS ON ROW 0 0 0
SUBSTANDARD 0 0 0
STRUCTURES
TEMP STORAGE CO NT 0 0 0
UNSAFE ELEC 0 0 0
UNSAFE PLBG 0 0 0
W A TER/DRAINAGE/ 0 0 0
STANDING
WEEDS 60 9 69
WORK WITHOUT 12 7 19
PERMIT
ZONING 1 3 4
BLDG CODE 2 0 2
VIOLATION
BLDG CODE-SANIT 0 0 0
HOUSE MOVING 0 0 0
ROW OBSTRUCT 0 0 0
2
ROW DAMAGE
TOTAL
o
94
o
42
o
136
TOTAL OF 136 COMPLAINTS CASES
JUNE 2010
TOTAL COMPLAINTS, CASES 136 100%
CASES RESOLVED 46 34%
CASES UNRESOLVED 90 66%
NEW MUNICIPAL W. ROBBINS (1)
COURT CASES THIS MONTH 14 M. HOLLAND (1)
T. DEWALT (3)
J. DENBY (1)
M. MENDEZ (1)
C. BETANCOURT 1)
R. MONTOYA (1)
H. PIRZADEH (2)
A. MIMS (1)
C. TERRIO (1)
K. SANDERS (1)
LAWSUITS IN PROGRESS
(NON-MUNICIPAL COURT CASES) CLIFF HALL (1)
S:\CPShare\INSPECTION DIVISION\Insuections\Monthlv Reports 2010JUNEMONTHL YREPORT .doc
3
Meeting Handouts
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