The URL can be used to link to this page

Home My WebLink About2010-8-23 regular meeting and budget workshop MINUTES OF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL August 23, 2010 1. Call to order The meeting was called to order by Mayor Pro-Tem Daryl Leonard at 6:01 p.m. Members of City Council Present: Councilmembers Louis Rigby, Tommy Moser, John Zemanek, Mike Clausen, Mike Mosteit, Chuck Engelken, John Black and Mayor Pro-Tem Daryl Leonard Members of Council Absent: None Members of City Executive Staff and City Employees Present: City Manager's Office: Ron Bottoms, John Joerns, Melisa Boaze and Stacey Osborne Legal: Clark Askins and Knox Askins City Secretary's Office: Martha Gillett Planning: Tim Tietjens, Brian Sterling and Debbie Wilmore Police Department: Chief Ken Adcox and Chris Paige Parks and Recreation: Marlene Rigby Public Works: Steve Gillett Purchasing: Jeanna Masterson Finance: Michael Dolby and Kathy Powell EOC: Jeff Suggs Fire: Mike Boaze Court: Judge Mitrano Others Present: Reverend Dee Spears, Tony Villarreal, Phillip Hoot, David Janda, Dottie Kaminski, Mr. and Mrs. Horace Leopard, Richard Warren, Alton Ogden, Adam Yanelli of the Bayshore Sun, Mr. and Mrs. Rosa, Mary Lee Nolley, Mr. Nolley, Jay Martin, Dave Turnquist, Deb Gallington, Kathryn Aguilar and Ted Powell 2. The Invocation was given by Reverend Dee Spears of Fairmont Park Church. 3. Councilman Mike Mosteit led the Pledge of Allegiance. 4. Presentations/Proclamations There were no presentations or proclamations presented. 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 Budget Workshop Meetings of La Porte City Council held on August 9, August 10, and August 11,2010 - M. Gillett Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on August 23,2010 2 B. Consider approval or other action regarding an ordinance amending the City of La Porte 2009-2010 Fiscal Year Budget - (Ord. 3267) - T. Tietjens C. Consider approval or other action awarding RFP# 10504 for Uniform Rental and Services for the City of La Porte - S. Cream D. Consider approval or other action awarding bids S10001 and S10002 for the sale of two properties (0.43 acre tract a.k.a water plant site Block 8, Bay Colony and 0.6568 acre tract of land out of Outlots 240 at Sens Rd.) located within the City of La Porte, Texas - S. Cream/J. Joerns E. Consider approval or other action regarding an ordinance designating the Bayshore Sun as the official newspaper of the City of La Porte for the publication of legal notices (Ord. 3268) - R. Bottoms F. Consider approval or other action approving recommended dates of September 13, 2010 and September 20, 2010 for holding Public Hearings on adoption of the City of La Porte's Tax Rate for 2010-2011 Fiscal Year - M. Dolby G. Consider approval or other action approving an Agreement for the City of La Porte with RBC Capital Markets for financial advisory services and approving LAPAWA (La Porte Area Water Authority) ratification of existing agreement with RBC and adoption of new agreement between LAPAWA and RBC - M. Dolby H. Consider approval or other action authorizing the City Manager to execute a Change Order to Kraftsman Playground and Park Equipment for diversion valve for the Brookglen Sprayground/Playground Project - S. Barr I. Consider approval or other action authorizing the City Manager to execute a Change Order to Stone Castle for additional work for the Little Cedar Bayou Park Enhancement Project - S. Barr J. Consider approval or other action regarding a Resolution affirming that the City will not use excessive force during any non-violent civil rights demonstration associated with the Texas Community Development Block Grant Program - (Res. 2010-19) T. Tietjens K. Consider approval or other action regarding a Resolution petitioning Texas Legislature to extend population requirement to 50,000 for certain Type B Development Corporation Board retail development projects, under Texas Local Government Code, Section 505.158 (Res. 2010-20) - S. Osborne Items D, E, H, J and K were pulled for individual discussion. Items E and K were pulled to be voted on separately. Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on August 23,2010 3 Councilmember Moser recused himself from item E and informed the Council he had signed a conflict of interest form with the City Secretary's Office. Council noted they would like to see item H move forward. Assistant City Attorney Clark Askins read the following resolution and ordinance captions: Ordinance 3267- AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE; TEXAS, FOR THE PERIOD OF OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Resolution 2010-19 - A RESOLUTION AFFIRMING THAT THE CITY OF LA PORTE WILL NOT USE EXCESSIVE FORCE DURING ANY NON-VIOLENT CIVIL RIGHTS DEMONSTRATION ASSOCIATED WITH ANY PROJECT FUNDED BY THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM DISASTER RECOVERY CONTRACT DRS010231, INCLUDING PHYSICALLY BARRING ENTRANCE TO A FACILITY OF LOCATION WHICH IS THE SUBJECT OF SUCH DEMONSTRATION, AS FOLLOWS: Motion was made by Councilmember Black to table item E. Second by Councilmember Zemanek. Motion carried unanimously. Ayes: Engelken, Black, Rigby, Clausen, Zemanek, Mosteit and Mayor Pro-Tem Leonard. Nays: None Abstain: Moser Absent: None Motion was made by Councilmember Clausen to accept item K as presented. Second by Councilmember Mosteit. Motion failed Ayes: Mosteit, Clausen and Engelken Nays: Rigby, Moser, Black, Leonard and Zemanek Abstain: None Absent: None Motion was made by Councilmember Enqelken to approve the remainder of the consent aqenda as presented. Second by Councilmember Moser. Motion carried unanimously. Ayes: Engelken, Black, Rigby, Moser, Clausen, Zemanek, Mosteit and Mayor Pro-Tem Leonard Nays: None Abstain: None Absent: None 6. Petitions, Remonstrance's, Communications, Citizens and Tax Payers wishing to address Council on any item posted on the agenda (Limited to five minutes) Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on August 23,2010 4 Kathryn Aguilar - 3119 Fondren Street - Ms. Aguilar - informed Council she is opposed to items K and E. Tony Villarreal - 3903 Barracuda Ln. - informed Council he was against 4A Sales Tax Petition and development, in addition is opposed to the Sector 23 item. Phillip Hoot - 927 Seabreeze - informed Council he is against item K. He requested Council change the order of the meeting so that the public can comment on consent agenda items before they are voted on. Alton Ogden, Jr. - informed the Council he no longer wished to speak. 7. Continue Public Hearing from May 17, 2010 City Council Meeting regarding condemnation of substandard building located at 401 N. 6th Street - D. Wilmore Open Public Hearing - Mayor Pro-Tem Daryl Leonard opened the Public Hearing at 7:07 p.m. Chief Building Official Debbie Wilmore presented summary and recommendation and answered Councils' questions. Public Input: - There was no public input. Recommendation of Staff - Staff recommended to continue tabling the structure and continuing the public hearing for 90-days or other action regarding the structure at 401. N. 6th Street. Mayor Pro-Tem Leonard closed the Public Hearing and reconvened Regular Meeting at 7:11 p.m. 8. Consider approval or other action regarding an ordinance condemning substandard building located at 401 N. 6th Street (Ord. 2009-3165) - D. Wilmore Motion was made by Councilmember Moser to continue tablinq the structure and continuinq the public hearinq until December 13. 2010 reqardinq the structure located at 401. N. 6th Street. as presented by Ms. Wilmore. Second by Councilmember Zemanek. Motion carried unanimously. Ayes: Engelken, Rigby, Moser, Black, Clausen, Zemanek, Mosteit and Mayor Pro-Tem Leonard Nays: None Abstain: None Absent: None 9. Close Regular Meeting and Open Workshop Meeting Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on August 23,2010 5 The Regular Meeting was closed and the Workshop Meeting was opened at 7:12 p.m. A. CIP Updates for Third Quarter - S. Barr, S. Gillett, A. Osmond and T. Tietjens Parks and Recreation Director Stephen Barr, Public Works Director Steve Gillett, Golf Course Manager Alex Osmond and Planning Director Tim Tietjens presented CIP Updates for Third Quarter B. Discuss funding for infrastructure costs and agreement for RO.W. maintenance for developer in Sector 23 - T. Tietjens Planning Director Tim Tietjens discussed funding for infrastructure costs and agreement for RO.W. maintenance for developer in Sector 23. Council directed staff to move forward with this project. C. Discuss City Health Insurance Benefits for Municipal Court Judge, City Attorney and Assistant City Attorney and provide staff with direction. - R Bottoms City Manager Ron Bottoms discussed City Health Insurance Benefits for Municipal Court Judge, City Attorney and Assistant City Attorney and requested Council provide staff with direction. It was the consensus of Council to continue insurance for City Attorney, Assistant City Attorney and Municipal Court Judge. 10. Close Workshop Meeting and Open Regular Meeting Mayor Pro-Tem Leonard closed Workshop Meeting and reconvened Regular Meeting at 8:14 p.m. 11. Receive Report from La Porte Development Corporation Board - Chairman Engelken Chairman Engelken provided a report from the La Porte Development Corporation Board. 12. Receive Inspections Report from City Staff - D. Wilmore Chief Building Official Debbie Wilmore provided the monthly Inspections Report. 13. Receive Drainage Report from City Staff - S. Gillett Public Works Director Steve Gillett provided the monthly Drainage Report. 14. City Manager Ron Bottoms provided Administrative Reports for the following: Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on August 23,2010 6 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 28, 2010 - Election Day September 6, 2010- Labor Day Holiday- City Offices Closed September 7, 2010- Special Called City Council Meeting to Canvass the Special Election held 8-28-2010 - 6:00 p.m. September 9,2010 - November 6,2010 - Gulf Coast Sports Challenge September 11,2010 - City Employee Picnic - Wave Pool- 2:00 p.m. - 6:00 p.m. September 13, 2010 - Fiscal Affairs Meeting - 5:00 p.m. September 13, 2010 - City Council Meeting - 6:00 p.m. September 27,2010 - City Council Meeting - 6:00 p.m. October 26-29, 2010 - Annual TML Conference and Exhibition - Corpus Christi, Texas 15. Council Comments: Mosteit, Clausen, Rigby, Moser, Black, Zemanek, Engelken 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 16. 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) 17. Considerations and possible action on items considered in executive session. There was no executive session held. 18. Adjournment Being no further business, the meeting was duly adjourned at 8:35 p.m. Minutes of Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council on August 23,2010 7 Respectfully submitted, ~ Wt CUldl{~;neP1( (J Martha Gillett, TRMC City Secretary a proved on this 13th day of September 2010. B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: August 23, 2010 Requested By: Michael Dolby, CPA Department: Finance Report: Resolution: Ordinance: xx Exhibits: Ordinance Exhibits: Excerpt from FY 2010 Adopted Budget & Amended Budget (Exhibit A & B) Source of Funds: N/ A Appropriation Account Number: N/A Amount Budgeted: N/A Amount Requested: N/ A Budgeted Item: YES NO Exhibits: Explanations / Backup for Amendment SUMMARY & RECOMMENDATION The City Council adopted the Fiscal Year 2009-10 Budget on September 21, 2009. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2009-10 Budget. (*denotes funds with current changes) General Fund Grant Fund Street Maintenance Sales Tax Fund Community Investment Hotel/Motel Occupancy Tax La Porte Development Corporation Tax Increment Reinvestment Zone Utility Sylvan Beach Airport La Porte Area Water Authority Golf Course Motor Pool Insurance Fund Technology Fund General Capital Improvement Utility Capital Improvement Sewer Rehabilitation Capital Improvement Drainage Improvement Fund 2004 Certificate of Obligation Bond Fund 2005 Certificate of Obligation Bond Fund 2005 General Obligation Bond Fund 2006 Certificate of Obligation Bond Fund 2007 Certificate of Obligation Bond Fund 2010 Certificates of Obligation Bond Fund Transportation & Other Infrastructure Fund General Debt Service Utility Debt Service La Porte Area Water Authority Debt Service Total of All Funds Previously Original Budget Amended Budget $ 32,894,465 2,160,353 700,000 344,700 977,522 1,910,464 1,413,966 7,740,176 3,500 22,368 974,545 1,360,393 1,969,367 4,497,908 1,184,405 2,255, I 00 105,000 350,000 169,000 376,570 256,503 16,219 966,497 1,125,492 9,600,000 504,000 4,076,755 326,314 740,456 $ 79,022,038 $ 33,049,924 2,628,903 700,000 433,771 1,003,281 1,912,674 1,413,966 7,708,571 3,500 22,368 974,545 1,364,643 1,969,367 4,497,908 1,221,111 2,543,600 257,000 408,168 169,000 376,570 256,503 16,219 966,497 1,125,492 9,600,000 561,000 4,076,755 326,314 740,456 $ 80,328,106 Proposed Amended Budget $ 33,049,924 2,653,976 * 700,000 433,771 1,003,281 1,912,674 1,413,966 7,708,571 3,500 22,368 974,545 1,364,643 1,969,367 4,497,908 1,221,111 2,543,600 257,000 408,168 169,000 376,570 256,503 16,219 966,497 1,125,492 9,600,000 561,000 4,076,755 326,314 740,456 $ 80,353,179 Action Required bv Council: Adopt Ordinance Amending Fiscal Year 2009-10 Budget for $25,073 in the Grant Fund. ($23,073 for LEOSE Funds and $2,000 for Animal Control donation expenditures) a/9/to Date ORDINANCE NO. 2010- 3 J. LP 7 AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1,2009 THROUGH SEPTEMBER 30, 2010; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and WHEREAS, the Budget for the fiscal year October 1, 2009, through September 30, 2010, has heretofore been presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on July 24, 2009, and a public hearing scheduled for September 21, 2009 was duly advertised and held. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration, a complete copy of which is on file with the City Secretary and a summary of which is attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget summary document, attached hereto by reference as Exhibit "B", as the Budget for the said City of La Porte, Texas, for the period of October 1, 2009, through September 30, 2010. SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and necessary to the adoption of said Budget have been performed as required by charter or statute. SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 4: This Ordinance shall be in effect from and after its passage and approval. PASSED AND APPROVED this th~ day of Ift,l~t.td- , 2010. ATTEST: ~~reta~ APP~ AliTft / cic. P. . s, Assistant City Att~ EXHIBIT A (ORIGINAL BUDGET) City of La Porte Consolidated Summary of All Funds FY 09-10 FY 09-10 Revenues Expenses Governmental Fund Types: General Fund 32,894,465 32,894,465 Grant Fund 1,995,712 2,160,353 Street Maintenance Sales Tax 726,845 700,000 Community Investment 231,361 344,700 Hotel/Mote1 Occupancy Tax 495,100 977,522 Section 4B Sales Tax 1,476,490 1,910,464 Tax Increment Reinvestment 1,403,304 1,413,966 Total Governmental Types 39,223,277 40,401,470 Enterprise: Utility 8,288,732 7,740,176 Sylvan Beach 3,500 Airport 51,875 22,368 La Porte Area Water Authority 1,227,771 974,545 Golf Course 1,171,150 1,360,393 Total Enterprise 10,739,528 10,100,982 Internal Service Motor Pool 2,218,600 1,969,367 Insurance Fund 4,214,727 4,497,908 Technology Fund 1,191,597 1,184,405 Total Internal Service 7,624,924 7,651,680 Capital Improvement: General 1,525,000 2,255,100 Utility 592,500 105,000 Sewer Rehabilitation 301,600 350,000 Drainage Improvement Fund 290,500 169,000 2004 C/O Bond Fund 376,570 2005 C/O Bond Fund 256,503 2005 GO Bond Fund 16,219 2006 C/O Bond Fund 966,497 2007 C/O Bond Fund 1,125,492 2009 C/O Bond Fund 9,631,481 9,600,000 Other Infrastructure 10,600 504,000 Total Capital Improvement 12,351,681 15,724,381 Debt Service: General 4,089,272 4,076,755 Utility 321,596 326,314 La Porte Area Water Authority 740,456 740,456 Total Debt Service 5,151,324 5,143,525 Total All Funds 75,090,734 79,022,038 EXHIBIT B (AMENDED BUDGET) City of La Porte Consolidated Summary of All Funds FY 09-10 FY 09-10 Revenues Expenses Governmental Food Types: General Fund 32,894,465 33,049,924 Grant Food 2,380,550 2,653,976 Street Maintenance Sales Tax 726,845 700,000 Cornmooity Investment 231,361 433,771 HotellMotel Occupancy Tax 495,100 1,003,281 Section 4B Sales Tax 1,476,490 1,912,674 Tax Increment Reinvestment 1,403,304 1,413,966 Total Governmental Types 39,608,115 41,167,592 Enterprise: Utility 8,288,732 7,708,571 Sylvan Beach 3,500 Airport 51,875 22,368 La Porte Area Water Authority 1,227,771 974,545 Golf Course 1,171,150 1,364,643 Total Enterprise 10,739,528 10,073,627 Internal Service Motor Pool 2,218,600 1,969,367 Insurance Food 4,214,727 4,497,908 Technology Food 1,191,597 1,221,111 Total Internal Service 7,624,924 7,688,386 Capital Improvement: General 1,813,500 2,543,600 Utility 592,500 257,000 Sewer Rehabilitation 301,600 408,168 Drainage Improvement Food 290,500 169,000 2004 C/O Bond Food 376,570 2005 C/O Bond Fund 256,503 2005 GO Bond Food 16,219 2006 C/O Bond Fund 966,497 2007 C/O Bond Food 1,125,492 2009 C/O Bond Food 9,631,481 9,600,000 Other Infrastructure 10,600 561,000 Total Capital Improvement 12,640,181 16,280,049 Debt Service: General 4,089,272 4,076,755 Utility 321,596 326,314 La Porte Area Water Authority 740,456 740,456 Total Debt Service 5,151,324 5,143,525 Total All Foods 75,764,072 80,353,179 E REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Au!!:ust 23. 2010 Appropriation Requested By: Ron Rottom" Source of Funds: N/A Department: Ci~r Mallagl1r Account Number: N/A Report: Resolution: Ordinance: x Amount Budgeted: N/A Exhibits: Ordinance Amount Requested: N/A,. Exhibits: A!!:reement Budgeted Item: N/A SUMMARY & RECOMMENDATION The Texas Local Government Code Section 52.004, requires the City to designate an official newspaper to publish its legal notices. The Bayshore Sun, being local and in the City of La Porte, meets the required criteria. Action Required bv Council: ordinance designating the Bayshore Sun as the official newspaper of the City of La Porte for the on of legal notices. g !1 / to Date ~-fe(ft -rFr8le~ ORDINANCE NO. 2010.. j;Lf.t,8 AN ORDINANCB DBSJ:GNATING THB BAYSHORB SUN AS THB OI'I'ICXAL NBWSPAPBR 01' THB CITY 01' LA 1'0RTJh APPROVING AND AUTHORIZING A LBGAL ADVBRTISING AGRBDIBNT BBTWBBN THB CITY OJ' LA PORTB AND THB BAYSHORB SUN J'OR THB PUBLICATION OF LBGAL NOTJ:CBS, MAXIN'G VARIOUS FINDINGS AND PROVISIONS RBLATING TO THB SUBJECT I FINDING COHPLIANCB WITH THB OPBN JlBBTINGS LAW, AND PROVIDING All BI'FBCTIVB DATE HBRBOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Sec::tion 1. The City Council of the City of La Porte designates The Bayshore Sun as the official newspaper of the City of La Porte. This appointment shall remain in full force and effect until amended or cancelled by the City Council of the City of La Porte. Section 2. The City Council of the City of La Porte hereby finds that The Bayshore Sun meets the criteria of Texas Government Code Section 2051.044, for the type of newspaper required and that The Bayshore Sun is a newspaper which meets the following criteria, to-wit: (1) devotes not less than 25 percent of its total column lineage to general interest items; (2) is published at least once each week; (3) is entered as second-class postal matter in the county where published; and (4) has been published regularly and continuously for at least 12 months before the governmental entity or representative published notice. Section 3. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the city of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 4. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this~ day of By: 2010. ~a.~ Mart a A. Gille city secretary :r-t"W' ~e1ld 2 STATE OF TEXAS S S COUNTY OF HARRIS S THIS AGREEMENT, made and entered into by the CITY OF LA PORTE, a municipal corporation, of Harris County, Texas, hereinafter referred to as .CITY" , and THE BAYSHORE SUN, a newspaper published in the City of La porte, Harris County, Texas, hereinafter referred to as "NEWSPAPER": CITY is required to designate an official newspaper to publish its legal notices. NEWSPAPER certifies that it meets the requirements of Texas Local Government Code Section 52.004, to-wit: (1) devotes not less than 25 percent of its total column lineage to general interest items; (2) is published at least once each week; (3) is entered as second-class postal matter in the county where published; and (4) has been published regularly and continuously for at least 12 months before the governmental entity or representative published notice. NEWSPAPER agrees to publish CITY's legal notices at the legal rate for the publication of legal notices, which is NEWSPAPER's lowest publish rate for classified advertising, as provided in Texas Government Code section 2051.045. CITY agrees to promptly pay NEWSPAPER invoices for such publications. This Agreement shall remain in full force and effect, until cancelled by either party hereto, by thirty (30) days written notice to the other party hereto. witness our hands this ____ day of , 2010. CITY OF LA PORTE By: Ron Bottoms, City Manager By: , Edl.tor-Publl.sher THE SUN CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS ~ COUNTY OF HARRIS ~ I, 70 m rr; f- M fJ 6 ~ as a member of the City of La Porte , make this affidavIt and hereby on oath state the followmg: 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 realJ>rope~ '_ , L ) ~ (COl1~-v.q 506 The agen?a item on A.0t",2. ~ , 20~, affecting this business entity or real property IS: COMPLETE (A) OR (B): (A) The business entity is (B) The real property is located at: (name); or 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 $15,000 or more of the fair market value of the business 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 ownership of the /" property with a fair market value of at least $2,500. ~ A relative of mine has a substantial interest in the business entity or real property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision inVOlving this business entity or real property and from any further participation on this matter by discussion or debate, Singed this 2Q~'Cky of k~ THE STATE OF TEXAS~ COUNTY OF HARRIS ~ Before ~ ~ on this day personally appeared :=r 01 . known to me to be the person whose name is subscribed to the foregoing ins ent and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this26ttfay of AuauSi- , 20~, (S~) . ~~~exas SHARON HARRIS My Comml~5ion Expires Septemoel 12.2013 Houston Chronicle - TX - Newspaper Advertising Costs goebler.com RESOURCES FOR ENTREPRENEURS August 21, 2010 Ads bv Gooale Newspaper Billboard Rates Advertislnq Cost Advertlslnq Rate Local AD Paper JJ; i ';jl!'f-'}:l rI' Save This Paae '-- Follow Us! Home Start a Company Advertising & Marketing Searc~ Oporations Finance Franchising ED.t~ren~8-esources I Ne'6i21L~Advertisinq I Newspaper Adver.lliilllg_In Texas I Newspaoer Advertisinq Costs irLHouston *~~/o~ 10'''e.~$- "'/~ Advertise ~ on Google for a flat fee Try NEW Google Tags No contract or commitment 1I:I"l"MI. t<J:; [1 'I 8B'J'_:h lr.mr~" .- . "'{i} r-J,.... 1 V,i, C;!2 Bt o:,.tClW""'" $\ GOugle Gooole.COOllolaces Aft" hv GOOOIA http://www.gaebler.comlHouston+Chronicle- TX - N ewspaper- Advertising -Costs++5489 For Entrepreneurs Houston Chronicle - TX - Newspaper Advertising Costs What is the cost to advertise in the Houston Chronicle? The Houston Chronicle is the largest daily newspaper in the Houston, TX area. The newspaper has a daily circulation of approximately 503,000. The parent company of the publication is Hearst Newspapers. Do you own a business? 8e found on Google for free Cougk places ~- ~ Claim your free listing today ;lY '0 rW'V>l'>I.q. I':nmJOlJArAll At'll': hvr.tvlOl... Newspaper Advertising Rate for Houston Chronicle: The estimated rate for ads in the newspaper is $676.00. Note: advertising rate estimates are typically for a column inch of black and white advertising space. Seasonal factors should also be considered. Our estimates are estimates only and may be out of date or incorrect. Advertising rates change Frequently. Contact the newspaper's advertising department for an exact quote. To place an ad, or receive more information on advertising rates, please contact the Houston Chronicle at (713) 362-7171. Houston Chronicle Contact Information: Houston Chronicle 801 Texas St Houston, TX Phone: (713)362-7171 Fax: (713) 362-6677 To update or correct radio advertising information on this page, please Qdnta<;t1J..;;. Claim This Page Other papers in Houston Highlands Star Barbers Hill I Houston Community Newspapers All Newspapers in Houston Local Newspapers yellowpages.com Find Local Newspapers. dailies, weeklies, tabloids. RMH: Houston Ad Agency www.resultsmadehere.com We help your business grow! Radio, TV Design, Print, Branding , Facebook Advertisinq www.Facebook.com/Ads/ Reach the Exact Audience You Want with Relevant Targeted Ads. Your own business startup www.kwlkkerb.com Start a new business with a proven system & earn what you deserve now Ads by Coogle Page 1 of2 Technology 8/21/2010 G REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: AUl!ust 23. 2010 Appropriation Department: FIN A NeE Source of Funds: Amount Budgeted: Amount Requested: Requested By: Mil'hllel nolhy, Finllnl'e nirel'tor Report: Resolution: Ordinance: xx Budgeted Item: Exhibits: Contract Exhibits: Exhibits: SUMMARY & RECOMMENDATION The City recently issued debt during the spring 2010 and RBC Capital Markets served as our Financial Advisors. They assisted the city in saving $371,000 and La Porte Water Authority $314,685 dollars in future debt service payments. . Furthermore, during our recent debt issues, RBC Capital Markets reduced their contracted service fees by $39,680 dollars. The City appreciates the size of the firm, and the qualifications and availability of professional personnel assigned to assist us with bond issuance, and the success the firm has achieved with innovative and creative financing On August 6, 2010, the Water Authority met and ratified an April agreement with RBC and approved a new agreement with RBC Capital Markets. Action Required bv Council: Approve agreement for the City with RBC Capital Markets for financial advisory services and a e LAPAWA ratification of existing agreement with RBC and adoption of new agreement etwe n LAPAWA and RBC. enda 0/t"l [0 Date I. . lID RBC Capital Markets~ Ryan O'Hara Director Municipal Finance - Houston Municipal Markets Phone:713-853~830 Fax: 713-651-3347 Email: rvan.ohara@rbccm.com July 1,2010 La Porte Area Water Authority 604 W. Fainnont Parkway La Porte, TX 77571 Ladies and Gentlemen: 1. Retention of RBC Capital Markets Corporation. We understand that the La Porte Area Water Authority ("Issuer" or "you") will have under consideration the issuance of obligations evidencing indebtedness ("Obligations"), either in a single financing or in a series of financings, and that in connection withtbe issuance of such Obligations you hereby agree to retain RBC Capital Markets Corporation ("RBC eM") as your financial advisor in .accordance with the terms of this financial advisory agreement ("Agreement"). This Agreement shall apply to all Obligations that may be authorized and/or issued or otherwise created or assumed during the period in which this Agreement is effective. 2. Scope of Services. As fmancial advisor, we agree to perform the following services: (a) Analyze the financing alternatives available to the Issuer, taking into account its borrowing capacity, future financing needs, policy considerations, and such other factors as we deem appropriate to consider. (b) Recommend a plan for the issuance of Obligations that will include: (1) the type of bonds (current interest, capital appreciation, deferred income, etc.); (2) the date of issue; (3) principal amount; (4) interest structure (fixed or variable); (5) interest payment dates; (6) a schedule of maturities; (7) early redemption options; (8) security provisions; (9) appropriate management fee and takedown; and (10) other matters that we consider appropriate to best serve the Issuer's interests. To the extent appropriate, the plan will address strategies in addition to the issuance of obligations, such as interest rate derivative transactions. (c) Advise you of current conditions in the relevant debt market, upcoming bond issues, and other general information and economic data which might reasonably be expected to influence interest rates, bidding conditions or timing of issuance. (d) Organize and coordinate the financing team. Unless otherwise directed by you, we will select the paying agent, escrow agent and verification agent, as the particular transaction may require, each of whom will be retained and compensated by you. In a negotiated offering, we will solicit and evaluate underwriter proposals upon request and make a recommendation for the hiring of the underwriter(s). FA Agreement (Combined) 03/03108 (e ) Work with counsel on the transaction, including bond counsel whom you retain, who will be recognized municipal bond attorneys, whose fees will be paid by you, and who will prepare the proceedings, provide legal advice concerning the steps necessary to be taken to issue the Obligations, and issue an unqualified opinion (in a form standard for the particular type of financing) approving the legality of the Obligations and (as applicable) tax exemption of the interest paid thereon. In addition, bond counsel will issue an opinion to the effect that the disclosure document does not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements contained therein, in light of the circumstances under which they were made, not misleading. Generally, working with counsel will mean coordinating with the attorneys and assisting in the financial advisory aspects of preparing appropriate legal proceedings and documents, including documents concerning any required election. (f) Assist in the Issuer's preparation of the Preliminary Official Statement ("POS") and the Official Statement ("OS") or equivalent document as the particular transaction may require (such as a private placement memorandum). (g) In connection with a competitive sale, we will: 1. coordinate the preparation of the Official Notice of Sale, the Uniform Bid Form (containing provisions recognized by the municipal securities industry as being consistent with the securities offered for sale) and other such documents which you may request or deem appropriate; 11. submit all such documents for examination, approval, and certification by appropriate officials, employees, and agents of the Issuer, including bond attorneys; 111. coordinate delivery of these documents to a list of prospective bidders; IV. where appropriate, organize investor meetings; v. coordinate the receipt of bids; Vl. advise as to the best bid, including acceptance or rejection of the best bid; Vll. if a bid is accepted, coordinate the delivery of and payment for the Obligations; Vlll. assist in verification of final closing figures; lX. provide copies of documents to the purchaser of the Obligations in accordance with the terms of the Official Notice of Sale and the Uniform Bid Form. (h) Make recommendations as to the need for credit rating(s) for the proposed Obligations and, should the Issuer seek a rating, coordinate the process of working with the rating agency or agencies and assist in the preparation of presentations as necessary. (i) Make recommendations as to obtaining municipal bond insurance, a liquidity facility or other credit enhancement for the Obligations and, should the issuer seek any such credit enhancement, coordinate the process and~as~ist in the preparation of presentations as necessary. FA Agreement (Combined} 03103/08 G) Attend meetings of governing bodies of the Issuer, its staff, representatives or committees as requested. (k) After closing, we will deliver to the Issuer and the paying agent(s) definitive debt records, including a schedule of annual debt service requirements on the Obligations. You acknowledge that advice and recommendations involve professional judgment on our part and that the results cannot be, and are not, guaranteed. 3. Information to be Provided to RBC CM. You agree (upon our request) to provide or cause to be provided to us information relating to the Issuer, the security for the Obligations, and other matters that we consider appropriate to enable us to perform our duties under this Agreement. With respect to all information provided by you or on your behalf to us under this Agreement, you agree upon our request to obtain certifications (in a form reasonably satisfactory to us) from appropriate Issuer representatives as to the accuracy of the information and to use your best efforts to obtain certifications (in a form reasonably satisfactory to us) from representatives of parties other than the Issuer. You acknowledge that we are entitled to rely on the accuracy and completeness of all information provided by you or on your behalf. 4. Official Statement. You acknowledge iliat you are responsible for the contents of the POSand OS and will take all reasonable steps- to ensure that the governing body of the Issuer has reviewed and approved the content of the POSand OS. You acknowledge that you are-subject to and may be held liable under federal or state securities laws for misleading or incomplete disclosure. 5. Fees and Expenses. In connection with the authorization, issuance, and sale of Obligations, you agree that our fee will be computed as shown on the "Fee Schedule" attached hereto. Our fee will become due and payable simultaneously with the delivery of the Obligations to the Purchaser. Our fee does not include and we will be entitled to reimbursement from you for any actual "out-of-pocket" expenses incurred in connection with the provision of our services, including reasonable travel expenses or any other expenses incurred. on your behalf. These expenses will be due and payable when presented to the Issuer, which normally will be simultaneously with the delivery of the Obligations to the Purchaser. 6. Interest Rate Derivatives. If you decide to consider the use of interest rate derivative products as part of the financing plan for Obligations covered by this. Agreement, we will be pleased to provide our assistance upon request. The nature of our assistance will be set forth in an amendment to this Agreement or in another separate document. 7. Term of Ae.reement and Waiver of Sovereie.n Immunity. This Agreement shall be for a period of 60 months (the "Term") from its date; however, this Agreement may be terminated by either party upon 30 days written notice. If neither party provides written termination prior to the end of the Term, this Agreement will automatically renew for another Term. You agree and understand that this Agreement is a contract for services and waive any claims you may have that you are immune from suit by virtue of any law, statute, or claim for any matter arising from or relating to this Agreement. Paragraphs 4, 5 (insofar as it concerns reimbursable expenses) and 8 (insofar as it concerns waiver of sovereign immunity) will survive any termination of this Agreement. FA Agreement (Combined) 03103/08 8. Miscellaneous Provisions. This Agreement is submitted in duplicate originals. Your acceptance of this Agreement will occur upon the return of one original executed by an authorized Issuer representative, and you hereby represent that the signatory below is so authorized. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of the Agreement, which shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties as to the subject matter thereof and supersedes any prior understandings or representations. This Agreement may be amended or modified only by a writing signed by both parties. This Agreement is solely for the benefit of you and RBC CM, and no other person. RBC CM may not assign this Agreement without your prior written consent. Respectfully submitted, ~~eCAP~~:::TION Title Date I ~ l-.9/rP ACCEPTANCE ACCEPTED p~uant to motion ad ted by the governing body of La Porte Area Water Authority on ,fu,l/S!- ~';201O. By Name Title Attest: By Name Title Date ~~; ~~~~ @# -r~ c- 7"Y ..., 7-T o(t)./t:?( I 11;- 'ttJ Pol<~ FA Agreement (Combined) 03/03/08 I. RBC Capital Markets~ Ryan O'Hara Director Municipal Finance - Houston Municipal Markets Phone: 713-853-0830 Fax: 713-651-3347 Email: rvan.ohara@rbccm.com April 13, 2010 La Porte Area Water Authority 604 W. Fainnont Parkway La Porte, TX 77571 Ladies and Gentlemen: 1. Retention of RBC Capital Markets Corporation. The La Porte Area Water Authority ("Issuer" or "you~') hereby agrees to retain RBC Capital Markets Corporation- ("RBC CM'') as your financial advisor in accordance with the terms of this financial advisory agreement ("Agreement"). This Agreement shall apply to the $4,085,000 Contract Revenue Refunding Bonds, Series 2010 ("Obligations") delivered May 13,2010. 2. Scope of Services. As [mancial advisor, we agree to perform the following services: (a) Analyze the financing alternatives available to the Issuer, taking into account its borrowing capacity, future financing needs, policy considerations, and such other factors as we deem appropriate to consider. (b) Recommend a plan for the issuance of Obligations that will include: (1) the type of bonds (current interest, capital appreciation, deferred income, etc.); (2) the date of issue; (3) principal amount; (4) interest structure (fixed or variable); (5) interest payment dates; (6) a schedule of maturities; (7) early redemption options; (8) security provisions; (9) appropriate management fee and takedown; and (10) other matters that we consider appropriate to best serve the Issuer's interests. To the extent appropriate, the plan will address strategies in addition to the issuance of obligations, such as interest rate derivative transactions. (c) Advise you of current conditions in the relevant debt market, upcoming bond issues, and other general information and economic data which might reasonably be expected to influence interest rates, bidding conditions or timing of issuance. (d) Organize and coordinate the financing team. Unless otherwise directed by you, we will select the paying agent, escrow agent and verification agent, as the particular transaction may require, each of whom will be retained and compensated by you. In a negotiated offering, we will solicit and evaluate underwriter proposals upon request and make a recommendation for the hiring of the underwriter(s). FA Agreement (Combined) 03/03f{)8 (e) Work with counsel on the transaction, including bond counsel whom you retain, who will be recognized municipal bond attorneys, whose fees will be paid by you, and who will prepare the proceedings, provide legal advice concerning the steps necessary to be taken to issue the Obligations, and issue an unqualified opinion (in a form standard for the particular type of financing) approving the legality of the Obligations and (as applicable) tax exemption of the interest paid thereon. In addition, bond counsel will issue an opinion to the effect that the disclosure document does not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements contained therein, in light of the circumstances under which they were made, not misleading. Generally, working with counsel will mean coordinating with the attorneys and assisting in the financial advisory aspects of preparing appropriate legal proceedings and documents, including documents concerning any required election. (f) Assist in the Issuer's preparation of the Preliminary Official Statement ("POS") and the Official Statement ("OS") or equivalent document as the particular transaction may require (such as a private placement memorandum). (g) In connection with a competitive sale, we will: 1. coordinate the preparation of the Official Notice of Sale, the Uniform Bid Form (containing provisions recognized by the municipal securities industry as being consistent with the securities offered for sale) and other such documents which you may request or deem appropriate; 11. submit all such documents for examination, approval, and certification by appropriate officials, employees, and agents of the Issuer, including bond attorneys; ill. coordinate delivery of these documents to a list of prospective bidders; lV. where appropriate, organize investor meetings~ v. coordinate the receipt of bids~ Vl. advise as to the best bid, including acceptance or rejection of the best bid; Vll. if a bid is accepted, coordinate the delivery of and payment for the Obligations; Vill. assist in verification of final closing figures~ lX. provide copies of documents to the purchaser of the Obligations in accordance with the terms of the Official Notice of Sale and the Uniform Bid Form. (h) Make recommendations as to the need for credit rating(s) for the proposed Obligations and, should the Issuer seek a rating, coordinate the process of working with the rating agency or agencies and assist in the preparation of presentations as necessary. (i) Make recommendations as to obtaining municipal bond insurance, a liquidity facility or other credit enhancement for the Obligations and, should the issuer seek any such credit enhancement, coordinate the process and assist in the preparation of presentations as necessary. FA Agreement (Combined) 03103108 U) Attend meetings of governing bodies of the Issuer, its staff, r-epresentatives or~ommittees as requested. (k) After closing, we will deliver to the Issuer and the paying agent(s) definitive debt records, including a schedule of annual debt service requirements on the Obligations. You acknowledge that advice and recommendations involve professional judgment on our part and that the results cannot be, and are not, guaranteed. 3. Information to be Provided to RBC CM. You agree (upon our request) to provide or cause to be provided to us information relating to the Issuer, the security for the Obligations, and other matters that we consider appropriate to enable us to perform our duties under this Agreement. With respect to all information provided by you or on your behalf to us under this Agreement, you agree upon our request to obtain certifications (in a form reasonably satisfactory to us) from appropriate Issuer representatives as to the accuracy of the information and to use your best efforts to obtain certifications (in a form reasonably satisfactory to us) from representatives of parties other than the Issuer. You acknowledge that we are entitled to rely on the accuracy and completeness of all information provided by you or on your behalf. 4. Official Statement. You acknowledge that you are responsible for the contents of the POSand OS -and will take all reasonable steps to ensure that the governing body of the Issuer has reviewed and approved the content of the POS and OS. You acknowledge that you are subject to and may be held liable under federal or state securities laws for misleading or incomplete disclosure. 5. Fees and Expenses. In connection with the authorization, issuance, and sale of Obligations, you agree that our fee will be computed as shown on the "Fee Schedule" attached hereto. Our fee will become due and payable simultaneously with the delivery of the Obligations to the Purchaser. Our fee does not include and we will be entitled to reimbursement from you for any actual"out-of-pocket" expenses incurred in connection with the provision of our services, including reasonable travel expenses or any other expenses incurred on your behalf. These expenses will be due and payable when presented to the Issuer, which normally will be simultaneously with the delivery of the Obligations to the Purchaser. 6. Interest Rate Derivatives. If you decide to consider the use of interest rate derivative products as part of the financing plan for Obligations covered by this Agreement, we will be pleased to provide our assistance upon request. The nature of our assistance will be set forth in an amendment to this Agreement or in another separate document. 7. Term of Al!reement and Waiver of Sovereil!ll Immunitv. This Agreement shall be for the issuance of the Series 2010 Contract Revenue Refunding Bonds. You agree and understand that this Agreement is a contract for services and waive any claims you may have that you are immune from suit by virtue of any law, statute, or claim for any matter arising from or relating to this Agreement. Paragraphs 4, 5 (insofar as it concerns reimbursable expenses) and 8 (insofar as it concerns waiver of sovereign immunity) will survive any termination of this Agreement. FA Agreement (Combined) 03103/08 8. MisceUaneous Provisions. This Agreement is submitted in duplicate originals. Your acceptance of this Agreement will occur upon the return of one original executed by an authorized Issuer representative, and you hereby represent that the signatory below is so authorized. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of the Agreement, which shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties as to the subject matter thereof and supersedes any prior understandings or representations. This Agreement may be amended or modified only by a writing signed by both parties. This Agreement is solely for the benefit of you and RBC CM, and no other person. RBC CM may not assign this Agreement without your prior written consent. Respectfully submitted, :C CAP~~S CORroRATION Name!j(l 0 "fffM- Title Director Date ACCEPTANCE A ~Ip ACCEPTED pursuant to motion adopted by the governing body of La Porte Area Water Authority on August~ 2010 (effective date of April 13, 1). J By If' Name Title YC:-j/y-L.- Attest: By Name Title Date .~-r~ JrY 19 tJP-tVl2f I AS 'nJ F</I(~ FA Agreement (Combined) 03/03/08 FEE SCHEDULE In consideration for the services rendered by RBC CM, the Issuer agrees that our fee for each issue of Obligations will be as follows: STANDARD FEE SCHEDULE More Than And Not More Than The Fee Is $ -0- $ 500,000 $ 5,000 (minimum fee) $ 500,000 $ 1,000,000 $ 5,000 plus $5.00 per $1,000 for all over $500,000 $ 1,000,000 $ 5,000,000 $ 7,500 plus $2.50 per $1,000 for all over $1,000,000 $ 5,000,000 $10,000,000 $ 17,500 plus $1.25 per $1,000 for all over $5,000,000 $10,900,000 $20,000,000 $ 23,500 plus $1.00 per $1,000 for allover $10,000,000 $20,000,000 No Limit $ 33,500 plus $0.40 per $1,000 for allover $20,000,000 * Fees for refunding bonds are 125% of the fee quote above. Fees for refunding Obligations and/or other Obligations involving escrow Agreements, will be the fee schedule set out above plus 25%, and, in addition to our Financial Advisory fee, we will charge a structuring fee to be negotiated on a case-by-case basis. RBC CM will bill the Issuer at Closing for each issue of Obligations a net amount which will include a fee calculated on the above schedule as well as any "out-of-pocket" expenses incurred on behalf of the Issuer. FA Agreement (Combined) 03103/08 I- II III RBe Capital Marketslll Ryan O'Hara Director Municipal Finance - Houston Municipal Markets Phone:713-853~830 Fax: 713-651-3347 Email: rvan.ohara@rbccm.com July 26, 2010 City of La Porte, Texas 604 W. Fairmont Parkway La Porte, TX 77571 Ladies and Gentlemen: 1. R~tention of RBC-Capital Markets Corporation. We understand that the City of La Porte, Texas ("Issuer" or "you" ) will have under consideration the issuance of obligations evidencing indebtedness ("Obligations "), either in a single financing or in a series of financings, and that in connection with the issuance of such Obligations you hereby agree to retain RBC Capital Markets Corporation ("RBC CM") as your financial -advisor in accordance with the terms of this financial advisory agreement ("Agreement "). This Agreement shall apply to all Obligations that may be authorized and/or issued or otherwise created or assumed during the period in which this Agreement is effective. 2. Scope of Services. As financial advisor, we agree to perform the following services: (a) Analyze the financing alternatives available to the Issuer, taking into account its borrowing capacity, future financing needs, policy considerations, and such other factors as we deem appropriate to consider. (b) Recommend a plan for the issuance of Obligations that will include: (1) the type of bonds (current interest, capital appreciation, deferred income, etc.); (2) the date of issue; (3) principal amount; (4) interest structure (fixed or variable); (5) interest payment dates; (6) a schedule of maturities; (7) early redemption options; (8) security provisions; (9) appropriate management fee and takedown; and (10) other matters that we consider appropriate to best serve the Issuer's interests. To the extent appropriate, the plan will address strategies in addition to the issuance of obligations, such as interest rate derivative transactions. (c) Advise you of current conditions in the relevant debt market, upcoming bond issues, and other general information and economic data which might reasonably be expected to influence interest rates, bidding conditions or timing of issuance. (d) Organize and coordinate the financing team. Unless otherwise directed by you, we will select the paying agent, escrow agent and verification agent, as the particular transaction may require, each of whom will be retained and compensated by you. In a negotiated offering, we will solicit and evaluate underwriter proposals upon request and make a recommendationfor the hiring of the underwriter(s). FA Agreement (Combined) 03/03/08 (e) Work with counsel on the transaction, including bond counsel whom you retain, who will be recognized municipal bond attorneys, whose fees will be paid by you, and who will prepare the proceedings, provide legal advice concerning the steps necessary to be taken to issue the Obligations, and issue an unqualified opinion (in a form standard for the particular type of financing) approving the legality of the Obligations and (as applicable) tax exemption of the interest paid thereon. In addition, bond counsel will issue an opinion to the effect that the disclosure document does not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements contained therein, in light of the circumstances under which they were made, not misleading. Generally, working with counsel will mean coordinating with the attorneys and assisting in the financial advisory aspects of preparing appropriate legal proceedings and documents, including documents concerning any required election. (f) Assist in the Issuer's preparation of the Preliminary Official Statement ("POS") and the Official Statement ("OS") or equivalent document as the particular transaction may require (such as a private placement memorandum). (g) In connection with a competitive sale, we will: 1. coordinate the preparation of the Official Notice of Sale, the Uniform Bid Form (containing provisions recognized by the municipal securities industry as being consistent with the securities offered for sale) and other such documents which you Inay request or deem appropriate; n. submit all such documents for examination, approval, and certification by appropriate officials, employees, and agents of the Issuer, including bond attorneys; ill. coordinate delivery of these documents to a list of prospective bidders; 1V. where appropriate, organize investor meetings; v. coordinate the receipt of bids; Vl. advise as to the best bid, including acceptance or rejection of the best bid; Vll. if a bid is accepted, coordinate the delivery of and payment for the Obligations; Vlll. assist in verification of final closing figures; lX. provide copies of documents to the purchaser of the Obligations in accordance with the terms of the Official Notice of Sale and the Uniform Bid Form. (h) Make recommendations as to the need for credit rating(s) for the proposed Obligations and, should the Issuer seek a rating, coordinate the process of working with the rating agency or agencies and assist in the preparation of presentations as necessary. (i) Make recommendations as to obtaining municipal bond insurance, a liquidity facility or other credit enhancement for the Obligations and, should the issuer seek any such credit enhancement, coordinate the process and assist in the preparation~of presentations as necessary. FA Agreement (Combined) 03/03/08 U) Attend meetings of governing bodies of the Issuer, its staff, representatives or committees as requested. (k) After closing, we will deliver to the Issuer and the paying agent(s) definitive debt records, including a schedule of annual debt service requirements on the Obligations. You acknowledge that advice and recommendations involve professional judgment on our part and that the results cannot be, and are not, guaranteed. 3. Information to be Provided to RBC CM. You agree (upon our request) to provide or cause to be provided to us information relating to the Issuer, the security for the Obligations, and other matters that we consider appropriate to enable us to perform our duties under this Agreement. With respect to all information provided by you or on your behalf to us under this Agreement, you agree upon our request to obtain certifications (in a form reasonably satisfactory to us) from appropriate Issuer representatives as to the accuracy of the information and to use your best efforts to obtain certifications (in a form reasonably satisfactory to us) from representatives of parties other than the Issuer. You acknowledge that we are entitled to rely on the accuracy and completeness of all information provided by you or on your behalf. 4. Official Statement. You acknowledge that you are responsible for the contents of the POS and OS and will take all reasonable steps to ensure that the governing body of the Issuer has reviewed and approved the content of the POS and OS. You acknowledge that you are subject to and may be held liable under federal or state. securities laws for misleading or incomplete disclosure. 5. Fees and Expenses. In connection with the authorization, issuance, and sale of Obligations, you agree that our fee will be computed as shown on the "Fee Schedule" attached hereto. Our fee will become due and payable simultaneously with the delivery of the Obligations to the Purchaser. Our fee does not include and we will be entitled to reimbursement from you for any actual "out-of-pocket" expenses incurred in connection with the provision of our services, including reasonable travel expenses or any other expenses incurred on your behalf. These expenses will be due and payable when presented to the Issuer, which normally will be simultaneously with the delivery of the Obligations to the Purchaser. 6. Interest Rate Derivatives. If you decide to consider the use of interest rate derivative products as part of the financing plan for Obligations covered by this Agreement, we will be pleased to provide our assistance upon request. The nature of our assistance will be set forth in an amendment to this Agreement or in another separate document. 7. Term of Aereement and Waiver of Sovereien Immunitv. This Agreement shall be for a period of 60 months (the "Term") from its date; however, this Agreement may be terminated by either party upon 30 days written notice. If neither party provides written termination prior to the end of the Term, this Agreement will automatically renew for another Term. You agree and understand that this Agreement is a contract for services and waive any claims you may have that you are immune from suit by virtue of any law, statute, or claim for any matter arising from or relating to this Agreement. Paragraphs 4, 5 (insofar as it concerns reimbursable expenses) and 8 (insofar as it concerns waiver of sovereign immunity) will survive any termination of this Agreement. FA Agreement (Combined) 03/03/08 8. Miscellaneous Provisions. This Agreement is submitted in duplicate originals. Your acceptance of this Agreement will occur upon the return of one original executed by an authorized Issuer representative, and you hereby represent that the signatory below is so authorized. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of the Agreement, which shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties as to the subject matter thereof and supersedes any prior understandings or representations. This Agreement may be amended or modified only by a writing signed by both parties. This Agreement is solely for the benefit of you and RBC CM, and no other person. RBC CM may not assign this Agreement without your prior written consent. Respectfully submitted, By Name Title Date CORPORA nON Director J~7- (~ 2010 ACCEPTANCE ACCEPTED pursuant to motion adopted by the governing body of City of La Porte, Texas on 2010. By Name Title Attest: " ~~ ~lL~~WJ ~:~ ~MfMV td~r~ &I rV' II 't'T olt ~ 'f 1/ J n::7 Ft$ /1/1 / FA Agreement (Combined) 03/03/08 FEE SCHEDULE In consideration for the services rendered by RBC CM, the Issuer agrees that our fee for each issue of Obligations will be as follows: STANDARD FEE SCHEDULE More Than And Not More Than The Fee Is $ -0- $ 500,000 $ 5,000 (minimum fee) $ 500,000 $ 1,000,000 $ 5,000 plus $5.00 per $1,000 for all over $500,000 $ 1,000,000 $ 5,000,000 $ 7,500 plus $2.50 per $1,000 for all over $1,000,000 $ 5,000,000 $10,000,000 $ 17,500 plus $1.25 per $1,000 for allover $5,000,000 $10,000,000 $20,000,000 $ 23,500 plus $1.00 per $1,000 for all over $10,000,000 $20,000,000 No Limit $ 33,500 plus $0.40 per $1,000 for allover $20,000,000 * Fees for refunding bonds are 125% of the fee quote above. Fees for refunding Obligations and/or other Obligations involving escrow Agreements, will be the fee schedule set out above plus 25%, and, in addition to our Financial Advisory fee, we will charge a structuring fee to be negotiated on a case-by-case basis. RBC CM will bill the Issuer at Closing for each issue of Obligations a net amount which will include a fee calculated on the above schedule as well as any "out-of-pocket" expenses incurred on behalf of the Issuer. FA Agreement (Cembined) 03/03/08 I. RBC Capital Marketsl>> Ryan O'Hara Director Municipal Finance - Houston Municipal Markets Phone: 713-853-0830 Fax: 713~51-3347 Email: rvan.ohara@rbccm.com July 26, 2010 City of La Porte, Texas 604 W. Fairmont Parkway La Porte, TX 77571 Ladies and Gentlemen: 1. Retention ofRBC Capital Markets Corporation. We understand that the City of La Porte, Texas ("Issuer" or "you") will have under consideration the issuance of obligations evidencing indebtedness ("Obligations "), either in a single financing or in a series of financings, and that in: connection with the issuance of such ObligatiDns you hereby agree to retain RBC Capital Markets Corporation ("RBC eM") as your financial advisor in accordance with the terms of this financial advisory agreement ("Agreement"). This Agreement shall apply to all Obligations that may be authorized and/or issued or otherwise created or assumed during the period in which this Agreement is effective. 2. Scope of Services. As financial advisor, we agree to perform the following services: (a) Analyze the financing alternatives available to the Issuer, taking into account its borrowing capacity, future financing needs, policy considerations, and such other factors as we deem appropriate to consider. (b) Recommend a plan for the issuance of Obligations that will include: (1) the type of bonds (current interest, capital appreciation, deferred income, etc.); (2) the date of issue; (3) principal amount; (4) interest structure (fixed or variable); (5) interest payment dates; (6) a schedule of maturities; (7) early redemption options; (8) security provisions; (9) appropriate management fee and takedown; and (10) other matters that we consider appropriate to best serve the Issuer's interests. To the extent appropriate, the plan will address strategies in addition to the issuance of obligations, such as interest rate derivative transactions. (c) Advise you of current conditions in the relevant debt market, upcoming bond issues, and other general information and economic data which might reasonably be expected to influence interest rates, bidding conditions or timing of issuance. (d) Organize and coordinate the financing team. Unless otherwise directed by you, we will select the paying agent, escrow agent and verification agent, as the particular transaction may require, each of whom will be retained and compensated by you. In a negotiated offering, we will solicit and evaluate underwriter proposals upon request and make a recommendation for the hiring of the underwriter(s). FA Agreement (Combined) 03/03/08 (e) Work with counsel on the transaction, including bond counsel whom you retain, who will be recognized municipal bond attorneys, whose fees will be paid by you, and who will prepare the proceedings, provide legal advice concerning the steps necessary to be taken to issue the Obligations, and issue an unqualified opinion (in a form standard for the particular type of financing) approving the legality of the Obligations and (as applicable) tax exemption of the interest paid thereon. In addition, bond counsel will issue an opinion to the effect that the disclosure document does not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements contained therein, in light of the circumstances under which they were made, not misleading. Generally, working with counsel will mean coordinating with the attorneys and assisting in the financial advisory aspects of preparing appropriate legal proceedings and documents, including documents concerning any required election. (f) Assist in the Issuer's preparation of the Preliminary Official Statement ("POS") and the Official Statement ("OS") or equivalent document as the particular transaction may require (such as a private placement memorandum). (g) In connection with a competitive sale, we will: 1. coordinate the preparation of the Official Notice of Sale, the Uniform Bid Form (containing provisions recognized by the municipal securities industry as being consistent with the securities offered for sale) and other such documents which you may request or deem appropriate; 11. submit all such documents for examination, approval, and certification by appropriate officials, employees, and agents of the Issuer, including bond attorneys; 111. coordinate delivery of these documents to a list of prospective bidders; lV. where appropriate, organize investor meetings; v. coordinate the receipt of bids; Vl. advise as to the best bid, including acceptance or rejection of the best bid; Vll. if a bid is accepted, coordinate the delivery of and payment for the Obligations; Vlll. assist in verification of final closing figures; lX. provide copies of documents to the purchaser of the Obligations in accordance with the terms of the Official Notice of Sale and the Uniform Bid Form. (h) Make recommendations as to the need for credit rating(s) for the proposed Obligations and, should the Issuer seek a rating, coordinate the process of working with the rating agency or agencies and assist in the preparation of presentations as necessary. (i) Make recommendations as to obtaining municipal bond insurance, a liquidity facility or other credit enhancement for the Obligations and, should the issuer seek any such credit enhancement, ~oordinate the process and assist in the preparation of presentations as necessary. FA Agreement (Combined) 03/03/08 (j) Attend meetings of governing bodies of the Issuer, its staff, representatives or committees as requested. (k) After closing, we will deliver to the Issuer and the paying agent(s) definitive debt records, including a schedule of annual debt service requirements on the Obligations. You acknowledge that advice and recommendations involve professional judgment on our part and that the results cannot be, and are not, guaranteed. 3. Information to be Provided to RBC CM. You agree (upon our request) to provide or cause to be provided to us information relating to the Issuer, the security for the Obligations, and other matters that we consider appropriate to enable us to perform our duties under this Agreement. With respect to all information provided by you or on your behalf to us under this Agreement, you agree upon our request to obtain certifications (in a form reasonably satisfactory to us) from appropriate Issuer representatives as to the accuracy of the information and to use your best efforts to obtain certifications (in a form reasonably satisfactory to us) from representatives of parties other than the Issuer. You acknowledge that we are entitled to rely on the accuracy and completeness of all information provided by you or on your behalf. 4. Off"lciatStatement. You acknowledge that you are responsible for the contents of the POS and OS and will take all reasonable steps to ensure that the governing body of the Issuer has reviewed and approved the content of the POS and OS. YOu acknowledge that you are subject to and may beheld liable under federal or state securities laws for misleading or incomplete disclosure. 5. Fees and ExPenses. In connection with the authorization, issuance, and sale of Obligations, you agree that our fee will be computed as shown on the "Fee Schedule" attached hereto. Our fee will become due and payable simultaneously with the delivery of the Obligations to the Purchaser. Our fee does not include and we will be entitled to reimbursement from you for any actual "out-of-'pocket" expenses incurred in connection with the provision of our services, including reasonable trav-el expenses or any other expenses incurred on your behalf. These expenses will be due and payable when presented to the Issuer, which normally will be simultaneously with the delivery of the Obligations to the Purchaser. 6. Interest Rate Derivatives. If you decide to consider the use of interest rate derivative products as part of the financing plan for Obligations covered by this Agreement, we will be pleased to provide our assistance upon request. The nature of our assistance will be set forth in an amendment to this Agreement or in another separate document. 7. Term of Aereement and Waiver of Sovereien Immunity. This Agreement shall be for a period of 60 months (the "Term") from its date; however, this Agreement may be terminated by either party upon 30 days written notice. If neither party provides written termination prior to the end of the Term, this Agreement will automatically renew for another Term. You agree and understand that this Agreement is a contract for services and waive any claims you may have that you are immune from suit by virtue of any law, statute, or claim for any matter arising from or relating to this Agreement. Paragraphs 4, 5 (insofar as it concerns reimbursable expenses) and 8 (insofar as it concerns waiver of sovereign immunity) will survive any termination of this Agreement. FA Agreement (Combined) 03103/08 8. Miscellaneous Provisions. This Agreement is submitted in duplicate originals. Your acceptance of this Agreement will occur upon the return of one original executed by an authorized Issuer representative, and you hereby represent that the signatory below is so authorized. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of the Agreement, which shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties as to the subject matter thereof and supersedes any prior understandings or representations. This Agreement may be amended or modified only by a writing signed by both parties. This Agreement is solely for the benefit of you and RBC CM, and no other person. RBC CM may not assign this Agreement without your prior written consent. Respectfully submitted, RBC CAP!JAI)~~ORPORATION By I/} f?CI- Name (II f2,y 4vv (/ ~et,f Title Director Date J<.t7 / t ). .p 10 ACCEPTANCE ACCEPTED pursuant to motion adopted by the governing body of City of La Porte, Texas on 2010. ~~e~~ Title M ~ or Iro 1"e m Attest: By Name Title Date tt~~r~ 1) no ({NG'i / If:s I l/ H!?.Iv,/ FA Agreement (Combined) 03/03/08 J REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: AUl!ust 23. 2010 Source of Funds: N/A Requested By: Tim Tietiens Account Number: N/A Department: Planninl! Amount Budgeted: N/A Report: _Resolution: lOrdinance: _ Amount Requested: N/A Exhibits: Resolution Budgeted Item: _YES _NO SUMMARY A Resolution affirming that the City will not use excessive force during any non-violent civil rights demonstration associated with the Texas Community Development Block Grant Program Disaster Recovery Contract DRSO 1 0231 associated with Hurricane Ike CDBG funds. This requirement is a condition of funding for the grant and is a formality. Action Required bv Council: Consider approval of a Resolution affirming that the City will not use excessive force during any non- viole ivil rights demonstration associated with the Texas Community Development Block Grant Program D. ster ecovery Contract DRSO 1 0231. ~ ~ '1 /6 Date RESOLUTION NO. dO/O.-1q A RESOLUTION AFFIRMING THAT THE CITY OF LA PORTE WILL NOT USE EXCESSIVE FORCE DURING ANY NON-VIOLENT CIVIL RIGHTS DEMONSTRATION ASSOCIATED WITH ANY PROJECT FUNDED BY THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM DISASTER RECOVERY CONTRACT DRS01 0231, INCLUDING PHYSICALLY BARRING ENTRANCE TO A FACILITY OR LOCATION WHICH IS THE SUBJECT OF SUCH DEMONSTRATION, AS FOLLOWS: ARTICLE I Section 1: The City of La Porte will not use excessive force by the law enforcement agencies within its jurisdiction against any individual engaged in nonviolent civil rights demonstrations, including physically barring any entrance to, or exit from, such a facility within its jurisdiction. ARTICLE \I Section 2: It is the intent of the City to enforce this Resolution to the full extent allowed by law. ARTICLE 11\ PASSED AND APPROVED this the 23rd day of August, 2010. CITY OF LA PORTE, TEXAS ATTEST: ~4=fW/I i Secreta t?LJ:~ Ci Attorney K REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 8/23/10 Requested By: Stacey Osborne Department: CMO Report: Resolution: X Ordinance: Annronriation Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The Y2 cent Type B sales tax dollars the City of La Porte collects can be used for specific projects related to economic development, and those projects are detailed in the Texas Local Government Code. Under the code, cities with a population ofless than 20,000 are permitted to pursue projects with Type B sales tax dollars that promote retail business development, but cities with a population greater than 20,000 cannot. For example, under the current rules, a city with a population of 19,000 could purchase land for the development of an HEB store, but the City of La Porte cannot because our population exceeds 20,000. As you know, we lack a significant amount of retail in La Porte. Our citizens have continually asked for more retail development in the City, but we're restricted from spending Type B sales tax dollars directly on those types of expenditures because of our population size. We would like to present a resolution amending that particular section of the Texas Local Government code in the upcoming Texas Legislature. To do so, we would like to go through the Texas Municipal League (TML) at their Annual Conference in October. The deadline for submitting resolutions for consideration at the Annual Conference is September 13,2010. The resolution concerns Section 505.158 of the Texas Local Government Code, which currently authorizes a Type B Corporation with a population of 20,000 or less to create"... projects that include the land, buildings, equipment, facilities, expenditures, targeted infrastructure, and improvements found by the corporation's board of directors to promote new or expanded business development." We would like to propose a resolution extending that population requirement to 50,000 or less so that we and other cities of similar size to us can pursue retail development with Type B sales tax dollars. If this resolution is passed this evening, we will submit it for consideration to the Resolutions Committee at the TML Annual Conference on October 26 in Corpus Christi. If TML deems the resolution worthy of consideration, they will then present it to the 82nd Texas Legislature Session in January, 2011. Action Reauired bv Council: Consider approval of a resolution extending the population requirements for retail development under the Texas Local Government Code, Section 505.158. wnpo date RESOLUTION No. JQ/O -tl 0 orOiVlt,Jek ~;J1'J WHEREAS, the City of La Porte, Texas authorized the creation of the La Porte Development Corporation, by Resolution No. 99-23, passed on the lih day of July 1999; WHEREAS, the La Porte Development Corporation was subsequently established as a nonprofit corporation organized under Article 5190.6, Section 4B, Vernon's Annotated Texas Civil Statutes, and as such has operated under the rules and regulations enumerated under Section 4B of said statute, since the Corporation's founding; WHEREAS, Article 5190.6, Section 4B, Vernon's Annotated Texas Civil Statutes was codified as Chapter 505 of the Texas Local Government Code, effective April 1, 2009, and the La Porte Development Corporation has, and continues to be, subject to the rules and regulations enumerated under Chapter 505 of the Texas Local Government Code, and is now known as a "Type B Corporation" instead of "4B Corporation"; WHEREAS, Chapter 505 of the Texas Local Government Code allows Type B Corporations to initiate certain projects, including projects for the purpose of creating or retaining primary jobs, and/or for the promotion or development of new or expanded business enterprises; WHEREAS, Section 505.158, Chapter 505 of the Texas Local Government Code authorizes a Type B Board within a municipality with a population of 20,000 or less to initiate projects including those for "land, buildings, equipment, facilities, expenditures, targeted infrastructure, and improvements" when found by the Type B Board to "promote new or expanded business development"; WHEREAS, the population of the City of La Porte, Texas exceeds 20,000, making the La Porte Development Corporation ineligible to initiate all of the types of projects allowed by Section 505.158 of the Texas Local Government Code for promotion of new or expanded business development, apart from other narrowly tailored projects for promotion of new or expanded business development allowed in other sections in Chapter 505 of the Texas Local Government Code; WHEREAS, the City of La Porte believes that Type B Corporations in smaller and mid-sized cities that exceed a population of 20,000 would be better equipped to promote the development of professional and retail businesses if given broader authority to promote new or expanded enterprises for every purpose described in Section 505.158; WHEREAS, the City of La Porte desires that Section 505.158 of the Texas Local Government Code be amended to expand the eligibility of Section 505.158 type projects to Type B Corporations located in cities with populations of 50,000 or less; 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 the City of La Porte City Council does hereby petition the members of the Texas Legislature to amend Section 505.158 of the Texas Local Government Code to include Type B Corporations in cities with a population of 50,000 or less, up from the current limit of cities with a population of 20,000 or less. PASSED BY THE CITY COUNCIL of the City of La Porte, Texas this 23rd day of August, 2010. ~ Da eonard Mayor Pro Tern City Secretary City Attorney -- or JJ't rJPr tJ {j: fit', le1 7/8 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: AUl!ust 23. 2010 Budl!et Requested By: D. Wilmore Source of Funds: General Funds Department: Planning Account Number: #001-9092-524-6021 Report: X Resolution: Ordinance: X Amount Budgeted: ~44,864 00 Amount Requested: Exhibits: Inspection Report Budgeted Item: YES NO Exhibits: Exhibits SUMMARY & RECOMMENDATION The August 10,2009, October 12, 2009, December 14, 2009, January 25, 2010, March 08, 2010 and May 17,2010 public hearing for 401 N. 6th Street was continued until August 23,2010. Subsequent to the first public hearing meeting, legal notices, in accordance with Article VIII; Section 82-475 of the Code of Ordinances, were provided to the structure owner. The individual attended each public hearing and was aware of the continuances granted by Council. Staff also sent meeting reminder letters. As you will recall, the structure was damaged by fire in October 2005 and no repairs have been made. An August 10,2010 site visit to 401 N. 6th Street showed no change to the property. Also, on the same date, I spoke with the owner (Mary Riley) by phone and she advised that the sale is still pending. The delayed closing date resulted from ongoing efforts to secure all required family signatures. As of the August lOt\the anticipated closing date is scheduled for Friday, August 13th. The realtor advised staff that while her company is purchasing the property, they already have a potential buyer so there will be a second closing that quickly follows their purchase. Based on this new information, the recommendation of the Dangerous Building Inspections Board is to table the structure and continue the public hearing for 90-davs. This will allow us an opportunity to follow-up on the proposed ownership change(s), provide notifications and schedule meetings with the new owner. Action Required bv Council: .der tabling the structure and continuing the public hearing for 90-days or other action regarding the structure at 6th Street 8 (11 /Iv Date City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: June 26. 2009 STREET ADDRESS: 401 N 6TH ST HCAD OWNER: GEORGE EUGENE RILEY; 904 S KANSAS ST. LA PORTE. TX 77571-5808 DEED OWNER: EUGENIA MAE RILEY C/O GEORGE EUGENE RILEY; 904 S KANSAS ST. LA PORTE. TX 77571-5808 LEGAL: LOTS 17. 18. BLK 91; LA PORTE OCCUPANCY TYPE: RESIDENTAL ZONING: R-l NON-CONFORMING ISSUES: N/A GAS: ~ ~ ELECTRICAL: lil lil SEWER: FACILITIES AVAILABLE: WATER: NO.OF DWELLING UNITS: VACANT: Ii:I OCCUPIED: AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AN INSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOWING REASONS: Sec. 82-473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: o 1. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; o 2. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse; o 5. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; DANGEROUS BUILDINGS INSPECTIONS FORM PAGE 2 121 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts; iii 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; 121 8. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to function as originally intended; fail or 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; iii 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; 61 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF INSPECTION: SELECT OPTION #: 1. (REPAIRABLE - RESIDENTIAL) IN ACCORDANCE WITH THE CITY'S DANGEROUS BUILDING REGULATIONS. THE 2006 INTERNATIONAL RESIDENTIAL CODE AND THE 2008 NATIONAL ELECTRICAL CODE. AS ADOPTED. AMENDED AND ENACTED BY CITY ORDINANCES #04-2700. #96-2700-K AND #96-2079-L. USING THE REGULATIONS AND CODE AS ITS GUIDE. IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS IN FACT DANGEROUS. BUT STILL REPAIRABLE. AL REQUIRED REPAIRS OR ALTERATIONS SHALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORTE CODES AND ORDINANCES. IF THE REPAIR OR ALTERATION ORDER IS NOT COMPLIED WITH WITHIN THE TIMETABLE SET OUT IN ARTICLE VIII. SECTION 82-478. IT IS THEN THE OPINION OF THE BOARD THAT THIS BUILDING BE DEMOLISHED. X BUILDING OFFICIAL'S OFFICE DATE X FIRE MARSHAL'S OFFICE DATE X FIRE CHIEF'S OFFICE DATE I. STRUCTURAL A. Foundation 1. Slab 2. Pier & Beam a. Footings b. Sills c. Joists B. Walls I. Exterior 2. Interior Means of Egress 1. Doors a. Interior b. Exterior 2. Porches, Steps, Stairs 3. Windows D. Roof I. Rafters 2. Deck, Shingles E. Ceilings 1. Joists 2. Ceiling F. Floors G. Other II. MEHCANICAL SYSTEMS A. Electrical I. Service Entrance & Panel 2. Wiring 3. Lights, Switches 4. Outlets 5. Other B. Plumbing I. Fixtures a. Sink b. Lavatories c. Water/Closets d. Tub/Shower e. Water Heater 2. Water Piping 3. Drain, Waste & Vent 4. Sewer/Septic tank 5. Gas System C. Heating & AlC 1. Heating 2. Air Conditioning III. PROPERTY CONDITIONS 1. Accessory Structures N/ A 2. Condition of Grounds ~ 3. Other Comments: Date of Fire October 12,2005 DANGEROUS BUILDINGS INSPECTIONS FORM A = Adequate PAGE 3 BUILDING EVALUATION CHECKLIST D = Deficient N/A = Not Applicable COMMENT / EXPLANATION UNK UNABLE TO INSPECT N/A N/A N/A N/A N/A N/A UNK UNK UNABLE TO INSPECT UNABLE TO INSPECT UNK UNK UNABLE TO INSPECT UNABLE TO INSPECT L- L- ~ ~ FIRE DAMAGE POOR CONDITION UNK ~ L- N/A UNABLE TO INSPECT HOLES VISIBLE THRU 1 WINDOW /DOOR N/A ~ UNK UNK UNK N/A NO DEAD FRONT; BROKEN CONDUIT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT N/A UNK UNK UNK UNK UNK UNK UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNK UNK UNK UNABLE TO INSPECT UNABLE TO INSPECT UNABLE TO INSPECT UNK UNK UNABLE TO INSPECT UNABLE TO INSPECT N/A WEEDS, DEBRIS & DOWNED TREE 02-2004 Rev. S:\CPShareIINSPECTION DIVISIONlALL OTHER STUFF\Code EnforcemenllDang BuildingsIDANG BLDG INSP FORM2.doc ORDINANCE NO. 2009- 31 (;J ,j ~t~~ AN ORDINANCE DECLARING THE BUILDING(S) LOCATED ON Elk 91: Lots 17.18. La Porte, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley. ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (1 0) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COpy OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Porte, passed and approved Section 82- 472 of the Code of Ordinances, creating a Dangerous Building Inspection Board (the Board) to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82-474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82-474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and WHEREAS, it has heretofore come to the attention of the Board that the building( s) located on Blk 91: Lots 17. 18. La Porte, which is further described as 401 N 6th Street. Harris County, Texas, has, for the reason ofnegIect or misuse, been allowed to deteriorate into a condition of decay or partial ruin or has become a public nuisance or hazard, as defined in Section 82-473 of the Code of Ordinances of the City of La Porte; and Ordinance No. 2009- Page 2 WHEREAS, said Board has heretofore made and filed its written report, June 26. 2009 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner( s) of said property, George Eugene Riley, whose address is 904 S Kansas St.; La Porte. TX 77571- 5808 and Eugenia Mae Riley c/o George Eugene Riley, whose address is 904 S Kansas St.: La Porte. TX 77571-5808. that a hearing as provided in Section 82-477 of said Ordinance would be held at 6:00 PM on August 10. 2009 at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which notices were "undelivered". Post Office attempted (2) deliveries by 7-22-09 (George E. Riley) & Post Office attempted (2) deliveries by 7-23-09 (Eugenina M. Riley % George E. Riley). a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board; that such hearing was continued for 60 days, to October 12,2009, and on that date the hearing was continued for another 60 days, to December 14, 2009; and on that date the hearing was continued for another 30 days, to January 25,2010; and on that date the hearing was continued for another 30 days, to March 08, 2010; and on that date the hearing was continued for another 60 days, to May 17, 2010; and on that date the hearing was continued for another 90 days, to August 23,2010; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on August 23. 2010 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: Ordinance No. 2009- Page 3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders ofthe City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2. Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building( s) to be a nuisance, and orders such building(s) condemned. Section 4. The City Council hereby finds, determines and declares that George Eugene Riley, who resides at 904 S Kansas St.; La Porte. TX 77571-5808 and Eugenia Mae Riley c/o George Eugene Riley, who resides at 904 S Kansas St.; La Porte, TX 77571-5808 and are the record owner( s) of the property on which this building is situated, and that as such record owner(s), the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley have been duly and legally notified ofthose proceedings. Section 5. The City Council hereby orders the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley to entirely remove or tear down such building(s), and further orders the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within thirty (30) days from the effective date ofthis ordinance. Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition ofthe building(s) to be affixed in one or more conspicuous places on the exterior of the building(s), which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7. The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property, the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley, by registered mail, return receipt requested. Ordinance No. 2009- Page 4 Section 8. Should the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley not comply with the orders contained in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days after hereof, then the Board of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said George Eugene Riley and Eugenia Mae Riley c/o George Eugene Riley, record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building(s), and made lien thereon. Section 9. The City Council officially finds, determines, and recites and declares that a sufficient written notice ofthe date, hour, place and subject of this meeting ofthe City Council was 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 the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 10. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the ~day of ~U f1t CITY OF LA PORTE BY:~ , 2010. ~O->~ City Secretary ~e WI ~l-eq> APPROVED: ~/i 7 -Itzrk/uLI CIty Attorney ~ ." ACTION OF CITY COUNCIL . Z-.f4.d On thIS, the day of " the City Secretary of the City of La Porte, having received the ve and foregoing report from the Dangerous Building Inspection Board of the City of La Porte, the City Secretary of the City of La Porte is hereby ordered to notify the owner in writing in accordance with the provisions of the City's Code of Ordinances Article VIII, Section 82-478. CITY OF LA PORTE By: ~ ATTEST: , LfJl~fl/ City Secretary CITY SECRETARY'S CERTIFICATE I hereby certify that on the day of , _, I mailed a notice to the above named owner, in connection with the above referenced property, said notice being in accordance with City's Code of Ordinances Article VIII, Section 82-478. A copy of said notice is attached hereto. Said notice included a copy of the Dangerous Building Inspection Form attached hereto. Martha Gillett, TRMC, CMC City Secretary S:\City Planning Share\04-INSPECTIONS DIVISION\ALL OTHER STUFF\Code Enforcement\Dang Buildings\Action by City Council Form.doc 9 10 A REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: AU2:ust 23. 2010 Aoorooriation Requested By: Various Department Directors Source of Funds: Department: Various Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: 3rd Quarter CIP Report Amount Requested: Budgeted Item: Exhibits: Exhibits SUMMARY & RECOMMENDATION The attached report summarizes the progress of Capital Improvement Projects assigned to various departments in the 3rd Quarter, FY 2009-2010. . Parks & Recreation Department - S. Barr . Administration - R. Bottoms/J. Joems . Public Works - S. Gillett . Golf Course Improvements - A. Osmond . Planning - T. Tietjens Council A enda e It, /0 Date Capital Project Update City of La Porte Parks & Recreation Department Project 675 - Joint Ventures for Capital Improvements PROJECT DESCRIPTION These funds will be earmarked for joint ventures with recognized youth sports programs and other organizations that wish to contribute towards improvements of City-owned facilities. These funds will be combined with contributions from other groups or associations made to the City of La Porte sports facilities, parks and beautification projects on City-owned properties. THIRD QUARTER FY 09-10 The La Porte Girl's Softball Association has verbally requested some new netting for their fields at Little Cedar Bayou Park. The association will submit a written request for approval at a later date. No follow-up from Girl's Softball Association on the netting. No other activity. Project 728 - Brookglen Spray Ground PROJECT DESCRIPTION This project was approved by City Council on April 26, 2010 to replace the uplifted pool at Brookglen Park. Council authorized the demolition of the existing pool and the creation of a new sprayground/playground for the park. THIRD QUARTER FY 09-10 Contractor is obtaining permits. Contractor is working with our Permit section to meet the requirements for TCEQ as well as our building codes. Schedule for completion is moved back to the fourth quarter. Project 729 - Sylvan Beach Pier Construction PROJECT DESCRIPTION Hurricane Ike destroyed the Sylvan Beach Fishing Pier. Our agreement with Harris County calls for the City of La Porte to move forward with the pier replacement using Escrow Funds dedicated to that purpose from pier revenues. The balance of funding will be borne by FEMA, upon completion. THIRD QUARTER Y 09-10 The pier was substantially completed and opened for business in mid-July. Remaining items are communications loudspeakers to be mounted on the pier, and Coast Guard lighting to be installed at the end of the pier. The project will be completed in the fourth quarter. Project 893 - Bicycle-Pedestrian Trail System - Pasadena Connector - Fairmont Parkway PROJECT DESCRIPTION This project is the second high priority segment of the Bicycle Pedestrian Trail System (Southside Trail or Safe Routes to School Trail is completed) that was identified in our 2003 Implementation Plan. The 5.2 mile segment will provide additional recreation and transportation opportunities for La Porte citizens by connecting the Central Business District of La Porte, eastward to the Pasadena Trail system & southward along Bay Area Blvd to Pasadena & Houston. The trail segment will begin at Little Cedar Bayou Park, move north to Fairmont Pkwy, east along the south side of Fairmont Pkwy to the Pasadena Convention Center. Further north- south connectors throughout La Porte will link other parts of La Porte, including a trail segment at Big Island Slough, Canada Road, Spring Gulley, Driftwood and Bay Area Blvd. The trail will connect through Little Cedar Bayou Park to the Southside Trail as well. THIRD QUARTER FY 09-10 The project continues to move forward, with most of the major pours accomplished. Tie-ins are to be poured on August 13th; remaining segments to be poured are Canada Road - Bay Area Boulevard segments. The project is expected to be completed in the next 3 weeks. Pasadena has agreed to move forward with the connection on the west end, to the Pasadena Convention Center. Eventually it will be continued through past Red Bluff to the Pasadena trail head just west of the 1st Baptist Church. Project 961 - Roof Replacements/Remodel Parks PROJECT DESCRIPTION · Evelyn Kennedy Civic Center - roof is 12 years old & we are experiencing roof leak problems at the building. Recommend roof replacement with Durolast material (or equal) with 15 year warranty - $40,000. · Recreation & Fitness Center Gym & Pool area - roof is 16 years old & we are experiencing continuing leak problems at the skylights and walls. Recommend roof replacement with Durolast material (or equal) with 15 year warranty - $55,000. · Little Cedar Bayou Wave Pool Restrooms & Mechanical Room - roof is 19 years old & we are experiencing continuing leak problems at this facility. Recommend roof replacement with Durolast material (or equal) with 15 year warranty - $16,500. · Remodel Building and Roof at Brookglen Pool - this building was acquired in 1999. Structure needs to be remodeled and roof needs to be replaced - $65,000. THIRD QUARTER FY 09-10 All complete except Brookglen Pool roof. Replacement is proceeding, steel has been erected, Standing seam metal roof is expected to be installed by August 23rd. This project should be substantially complete at this time. Project 965- Park Upgrade - Landscaping & Park Enhancements - Little Cedar Bayou PROJECT DESCRIPTION The Landscaping & amenities at Little Cedar Bayou Park are in need of enhancement. Little Cedar Bayou Park is our flagship park, with the largest attendance in the City, containing the Wave Pool, Girl's Softball Complex, Multi-purpose Athletic Fields, Picnic Areas, Playgrounds & Trail Head. THIRD QUARTER FY 09-10 The concrete work has been completed, fencing is installed. Work continues on lighting of the tennis courts, irrigation, and landscaping. This project will be completed in the fourth quarter. Project 984 - Pedestrian Bridge @ Spring Gulley - Connector Trails PROJECT DESCRIPTION A ten foot wide pedestrian bridge to provide a safe crossing over Spring Gulley, allowing pedestrian traffic to access the new sports complex and pedestrian pathways along Canada Road and construction of approximately 3,200 linear feet of new 10' concrete trail system components to the east and west of the new park, providing connectivity between the park and the Pecan Plantation and Brookglen subdivisions. The project will enhance the recreation and transportation capabilities of the City of La Porte trail system and further the intent of the City's Bicycle - Pedestrian Trail Plan. THIRD QUARTER FY 09-10 The design is substantially complete for the project. The implementation portion of the project is delayed due to problems with easements through CenterPoint and Coastal Water Authority property. Staff met with CenterPoint and we appear to be making some headway as to a resolution of the issues that are impeding the continuation of the project. Project 994 - San Jacinto Pathway & Lighting Project PROJECT DESCRIPTION A ten foot wide pedestrian bicycle pathway that will continue the connections between the City's business district and key recreation areas by connecting the new Town Plaza into the Sylvan Beach area. The project will enhance the recreation and transportation capabilities of the City of La Porte trail system and further the intent of the City's marketing plan as well as Bicycle - Pedestrian Trail Plan. The pedestrian walkway will include benches, trees, bicycle racks, and drinking fountains along the pathway. THIRD QUARTER FY 09-10 The project has been awarded. The contractor has begun surveying and will install the lighting component first, then move toward the pathway construction. The permit has been issued to the electrical contractor and is expected to have begun. The project is expected to be completed in the first quarter of FY 2010-2011. Project 669 - Sanitary Sewer Rehabilitation PROJECT DESCRIPTION In May of 1993, the City filed a proposed schedule with the EPA for the investigation and rehabilitation of the sanitary sewer system. The City, through the use of in-house and contract labor, has been systematically working through the system to identify and correct sources of inflow, as well as repair structurally inadequate collection facilities. Work planned for the year, utilizing contract and force-account labor, includes the following: Additional work may be identified and accomplished through contract or force account. Addition or replacement of minor equipment may be purchased as needed to carry out the program. THIRD QUARTER FY 09-10 . Northwest La Porte Service Area - In-house forces made 3 point repairs and performed 2 manhole repairs in this service area. Contract project is underway to replace 8000 feet of mainline and 16 manholes. . Lift Station 1A Service Area - In-house forces made 2 point repairs and performed 2 manhole repairs in this area. Contract forces cleaned and televised 2994 feet. · Service Area F - In-house forces performed 2 manhole repairs and removed / replaced 566 feet of sewer main during this reporting period. In house forces cleaned and televised 771 feet. · Southeast La Porte Service Area - In-house forces completed 24 manhole inspections, 3 manhole repairs and inspected 3300 feet of sewer main in this service area. · Bay MUD Service Area - In-house forces performed 1 point repair and 1 manhole repair in this service area. · Fairmont Park Service Area - In-house forces inspected 55 manholes, performed 4 point repairs, 1 manhole repair. · Spenwick , Pecan Crossing, and Summer Winds Service Area - In-house forces inspected 87 manholes, performed 1 point repair and 6 manhole repairs in this service area during this reporting period. · Brookglen Service Area - No work was identified in this service area. · Creekmont/Glen Meadows Service Area - In-house forces completed 2 manhole repairs and 1 point repairs in this service area. Project 712 - McCabe Road Trunk Sewer PROJECT DESCRIPTION From an existing manhole at the northeast corner of McCabe Road and Taylor Bayou, approximately 2400 linear feet of 12" sanitary sewer running easterly and terminating just west of the East branch of Taylor Bayou. Included are two road crossings to service vacant properties along the south side of McCabe. Lift station no. 12 will be eliminated and converted into a manhole. The sanitary sewer infrastructure for the mobile home park will be tied into the phase I sanitary sewer. THIRD QUARTER FY 09-10 All easements executed and filed. Project bid and awarded on May 10, 2010. Project is under construction and approximately 50% complete. Expect to complete this project in next quarter. Project 872 - Concrete Street Restoration PROJECT DESCRIPTION The Concrete Restoration Project is designed to rehabilitate existing concrete streets that have experienced settlement and joint displacement. The process involves pumping material beneath sunken slabs, raising them to the original profile and elevation. This process will also be used to level sunken curb lines to reestablish drainage flow. This process now has several vendors, using similar techniques. It is anticipated that the Project will be an ongoing program. THIRD QUARTER FY 09-10 THIS PROJECT IS COMPLETE Project 880 - Utility Equipment Replacement PROJECT DESCRIPTION Ongoing improvements to various utility sites, including replacement of motor controls, pumps, motors, chlorinators & other equipment. Specific projects are as follows: · Replace rotating assemblies at seven (7) lift stations. · Replace two (2) pumps at LS 26 . Replace two (2) grit pumps (WWTP) THIRD QUARTER FY 09-10 THIS PROJECT IS COMPLETE Project 898- In-house Waterline Replacement PROJECT DESCRIPTION In-house utility forces will construct all waterline replacement. No engineering anticipated. THIRD QUARTER FY 09-10 . Replace waterline 400 block of North 11th complete. . Waterline replacement between 700 block of Nugent and Holmes complete. . Waterline replacement between 900Blk San Jacinto & S. Virginia - in progress. Project 933- Sens Road Utility Relocation - Phase II Construction PROJECT DESCRIPTION The upcoming widening of Sens Road from Spencer Highway to North P Street will require the relocation of existing water distribution and wastewater collection lines. Final design is completed. With the completion of the Bay Area Blvd, Trunk Sewer in FY 2004-05, the potential to eliminate lift stations in the eastern portion of Northwest La Porte will be incorporated in the relocation effort. The project is necessary to relocate existing utilities to allow the Sens Road widening to occur. THIRD QUARTER FY 09-10 Project is 45 % complete. On schedule for completion by 15t quarter of next fiscal year. Project 938 -Aeration Improvements PROJECT DESCRIPTION The Wastewater Treatment Plant has been evaluated for future needs, with approximately $6M in improvements identified, including engineering. THIRD QUARTER FY 09-10 Project is Complete Project 949- Public Works Facility Rehabilitation - Phase II PROJECT DESCRIPTION The existing Public Works facility is in excess of 25 years old. The building, a steel frame with metal sheathing has deteriorated over the years. The roof leaks, walls have rusted through & the insulation is ruined in many areas. Phase I and II of the project is complete. Phase III of the project is to remove & replace existing roofing on equipment storage sheds. THIRD QUARTER FY 09-10 THIS PROJECT IS COMPLETE Project 952 - Lift Station #38 PROJECT DESCRIPTION This Project involves the rehabilitation of Lift Station #38 (Sunrise Drive) as recommended by engineering evaluations. The Project includes the rehabilitation of the existing wet well, and the replacement of existing pumps and motors THIRD QUARTER FY 09-10 THIS PROJECT IS COMPLETE Project 953 - Lift Station #6 (Design Only) PROJECT DESCRIPTION As recommended in the May 1984 Comprehensive Wastewater Collection and Treatment Plan, the October 1997 Southeast Sanitary Sewer Trunk Main and Lift Station Facilities Report, and the 2000 La Porte Comprehensive Plan a large diameter trunk sewer was constructed along the west side of Bay Forest Golf Course to south of McCabe Road. The project included a proposed lift station at the intersection of Taylor Bayou and McCabe Road. In August 2002, La Porte secured easements for trunk sewer which began construction in 2007. The construction of this line will allow the development of approximately 300 acres of land. Corresponding to the culmination of this project, the receiving Lift Station #6 requires upgrading to complete the project. THIRD QUARTER FY 09-10 Design is complete. Awaiting transfer of ownership from Harris County Flood Control. Project 977 - Update Water Master Plan PROJECT DESCRIPTION The last full update of the City's Water Master Plan is dated May 1984. Many system improvements have been made since that time, as well as regulatory changes. The La Porte Area Water Authority has purchased 7.8 MGD of treated surface water capacity at the City of Houston's Southeast Purification Plant; the City has constructed one new elevated storage tank and several thousand feet of new water lines to improve flow & circulation. The update is needed to measure the effectiveness of completed improvements & identify additional improvement necessary, together with projected priorities & estimates. THIRD QUARTER FY 09-10 THIS PROJECT IS COMPLETE Project 978 - Valley Brook Water Line Replacement PROJECT DESCRIPTION The existing waterline along Valley Brook from Spencer Hwy to Hillridge is constructed of cast iron pipe, & has been susceptible to frequent breakage due to the material & age (40+ years). Replacement of this line with C900 PVC will eliminate this problem. This Project will be designed and constructed in coordination with Project 531 - Concrete Streets (Valley Brook & Antrim) THIRD QUARTER FY 09-10 THIS PROJECT IS COMPLETE Project 979 - Lift Station Evaluation PROJECT DESCRIPTION The City has completed rehabilitation of five (5) lift stations identified in the Engineering Report prepared several years ago. With the completion of these projects, it is requested that an additional five (5) lift stations undergo an engineering evaluation to recommend improvements for future capital improvements. The proposal list includes Lift Stations 10 (Glen Meadows), 13 (North L Street), 14 (North L Street), 19 (Lomax School Road) & 37 (Luella Blvd). THIRD QUARTER FY 09-10 THIS PROJECT IS COMPLETE Project 980 - Fairmont Utility Relocation Project Account Number: Funding: Fiscal Year 08-09 Fiscal Year 09-10 045-9892-980 Budget $ 265,000 Expenditures $ 42,877 68,100 Encumbrances Budget Remaining Total $ 265,000 $ 110,977 $ $ 154,024 PROJECT DESCRIPTION Harris County has initiated the design of improvements to Fairmont Pkwy from SH146 to South 16th Street. The proposed improvements will require the relocation of utilities within the ROW to accommodate the proposed widening. THIRD QUARTER FY 09-10 THIS PROJECT IS COMPLETE Project 531 - Concrete Streets (Valley Brook & Antrim) Proiect Descriotion This project is the continuation of the replacement of concrete & overlay of asphalt streets, utilizing the street maintenance sales tax. The proposed replacement includes Valley Brook Drive from Old Orchard to Hillridge, and Antrim from Farrington Blvd. to Piney Brook. This Project will be designed and constructed in coordination with Project 978 - Valley Brook Water Line Replacement FIRST QUARTER FY 09-10 THIS PROJECT IS COMPLETE Project 995 - McCabe Trail System PROJECT DESCRIPTION An eight foot wide concrete bicycle - pedestrian pathway to connect the new Bayshore Elementary School to the Safe Routes to School trail on S. Broadway. This project will allow children on foot and bicycle, to connect to the new school without having to travel on the narrow two lane road. The project will enhance the recreation and transportation capabilities of the City of La Porte trail system and further the intent of the City's Bicycle - Pedestrian Trail Plan. This project has been combined with the Public Works Sanitary Sewer Project for McCabe Road THIRD QUARTER FY 09-10 All easements executed and filed. Project bid and awarded on May 10, 2010. Project is under construction and approximately 50% complete. Expect to complete this project in next quarter. Project 996 - Broadway Waterline Replacement PROJECT DESCRIPTION The existing waterline along South Broadway from West A to West E and West F to West G streets is constructed of cast iron pipe, and has been susceptible to frequent breakage due to the material and age (40+ years). Replacement of this line with C900 PVC will eliminate this problem. THIRD QUARTER FY 09-10 THIS PROJECT IS COMPLETE Project 997 - Lift Station #10 PROJECT DESCRIPTION This project involves the replacement of Lift Station #10 (Glen Meadows) as identified by the recently completed Lift Station Evaluation Study. THIRD QUARTER FY 09-10 Project designed, bid and awarded. Awaiting delivery of electrical and pumping components to begin construction. Expect to complete in fourth quarter. Project 998 - 25th Street Water Well Improvements PROJECT DESCRIPTION This project is to tie the water system in Northwest La Porte (Lomax area) into the 25th Street Water Plant system to boost pressures and water delivery in the area, as recommended by the Water Master Plan. The project will add a 750 gpm booster pump and upgrade piping at the 25th Street Water Plant, upgrade electrical system at the plant and add RTU at the plant and the elevated water storage tower on Lomax School Road. THIRD QUARTER FY 09-10 Design is 95% complete. Bidding of this project will be delayed until late in 4th quarter. Funding for Phase II of this Project, which has also been designed, is expected to be available in the 1 st quarter of next fiscal year. Phase I and II will be bid together. Expect to award bids for both in early 1 st quarter of next fiscal year. Project 717 - Generator Grants PROJECT DESCRIPTION FEMA and the state awarded the City of La Porte funds for 2 generators through the Hazardous Mitigation Grant Program. These generators will be mobile and used to assist us in the response and recovery effort after a major disaster. This grant is a 75/25 reimbursement matching grant. THIRD QUARTER FY 09-10 Generators delivered. Obtaining quotes to purchase power cables for hook up to transfer switches. Project 982 - Golf Course Repairs Account Number: Funding: Fiscal Year 08-09 Fiscal Year 09-10 015-9892-982 Budget $ 121,319 Expenditures Encumbrances Budget Remaining 85,090 Total $ 121,319 $ 85,090 $ $ 36,229 PROJECT DESCRIPTION Various golf course improvements as needed. FIRST QUARTER FY 09-10 The golf course restroom repairs and painting are complete. The clubhouse repairs and painting are complete. Carpet replacement for the clubhouse will be done this spring or summer. Bids have been received for the channel bulk heading in front of the clubhouse and is currently under review. If approved, it will need to be constructed when the soil is dry around the site. The landscaping contractor will have to come in after the bulk heading construction. A purchase order has been issued to repair the outflow weirs on Holes 2 & 5. The tunnel headwall improvements are under review. SECOND QUARTER FY 09-10 The purchase order has been issued for the channel bulk heading. Construction should begin in late Mayor the first of June. The outflow weirs have been repaired. The tunnel headwalls repairs are under review. THIRD QUARTER FY 09-10 The channel bulk heading is complete. We are in the process of contracting landscaper for water aeration. The tunnel repairs have been bid out. Negotiations will be required to see if funds will be available. The bids were far more than estimated by the engineering consultant. Capital Improvement Update Planning Department August 23, 2010 Project 709 - Sidewalk Replacement Program Proiect DescriPtion These funds will be used to repair sidewalks located in various parts of the City. This is the twelfth year of a program designed to replace badly deteriorated sidewalks. The sidewalks to be improved will be selected using guidelines previously reviewed and approved by Council. 3rd Quarter FY 09-10 Phase II completed. Project 788 - Fairmont Parkway w/Harris County Proiect Description Harris County's bond program proposes improvements to Fairmont Parkway from SH146 west to 16th Street. Under the City's plan, Fairmont Parkway remained a 4 lane(two each way) parkway with intersection improvements. In FY 1998-99, Council approved $450,000 for this project. The City's participation is for upgrading Fairmont Parkway to a 6-lane roadway between SH146 and 16th Street. Due to increases in costs, $200,000 of additional funding was needed. 3rd Quarter FY 09-10 No activity to report. Project 849- F216 Watershed Study Recommendations Proiect Description The City is currently conducting a drainage study to improve drainage and flooding problems in certain areas. The study has not yet been completed; however the City has set aside these funds to begin construction on those improvements within the F216 watershed once determined. 3rd Quarter FY 09-10 USACE permit was issued. The contractor will now be able to work in the wetland areas. Project 859 - Northside Community Plan Proiect Description The City's 2020 Comprehensive Plan and the 1999 Northside Neighborhood Plan goals charge the City to do the following: . Consider to revitalize and rehabilitate existing housing where needed. . Encourage the rehabilitation or replacement of substandard housing. . Stabilize and improve the quality of neighborhoods and other areas in decline by attracting renewed private investment activity. . Develop a visionary, community-based system to direct actions toward building a strong economic base for new businesses and jobs together with affordable housing initiatives. To comply with these objectives, revitalization and development of this area will involve 3 phases: Phase I involves new housing construction (companion HOME Grant Submitted); Phase II provides the installation of infrastructure; and Phase III creates a linear pedestrian connectivity using the unimproved North E Street right-of-way. As a part of Phase II, the City proposes to extend North 7th Street from West Madison to the unimproved North E Street. City regulations require that property can only be developed if the proper infrastructure is available, e.g. water, sewer drainage and streets. These portions of N. 7th Street and N. E Street are unpaved. The City believes that paving N. 7th Street will serve as a catalyst for housing development and the pedestrian trail on E Street will connect and buffer the community. 3rd Quarter FY 09-10 Two of the three homes that remained have sold and a sales contract is pending for the final home, which is located at 216 N. 2nd Street. Project 927 - City Wheelchair Ramp and Infill Sidewalk Construction Proiect Description The installation of new wheelchair ramps on an as needed basis. To in-fill areas with new sidewalk to interconnect existing sidewalks, also to connect schools and public facilities with neighborhoods. 3rd Quarter FY 09-10 Project priority was down-graded to allow staff to concentrate more on the current drainage issues. Staff anticipates bidding and initiating construction in the 4th Quarter. Project 931- Laser Fiche Proiect Description This is the second phase for the laser fiche implementation. In fiscal year 2006, the City Secretary's office completed the conversion. The $29,800 will allow Planning and Engineering to convert their current records into document imaging allowing them to go to a paperless system. 3rd Quarter FY 09-10 Planning and IT staff met with Digitex consultants to assess the Department's overall print/copy/scan capabilities and needs. The plan is to lease a large document scanner to be used for internal document imaging of the Department's permanent records. Project 941- 908/912 West Main Proiect Description Additional funds to continue repairs of these two buildings, which include the parking lot, landscaping, drainage, roofing and other needed repairs. 3rd Quarter FY 09-10 Work progressing slowly; still trying to make a decision on the height of parapet; set column structure; canopy has been manufactured and is awaiting the above work to be completed to erect; demo proposed area paving locations. With the parapet issue coming to a close, staff expects the work to progress in a timely manner. Project 972 - Planning Software (Building/Codes) Proiect Description Software provides a comprehensive, flexible solution for community development departments that supports the tracking of all stages of construction activity. From initial zoning allocation thru plan review, permit issuance, inspections, co-issuance, final sign-off and future remodeling and code enforcement events. Data is collected, organized, analyzed and at your fingertips. Inspections/Code Enforcement: . Inspection results updated within 5 minutes of completion . Jobsite access to permit information . Correction notices issued in the field . More efficient use of employee time Planning: . Property history readily available (P&Z and ZBOA actions) . Reports 3rd Quarter FY 09-10 Planning/Engineering Navi/ine training was conducted June 15-17 with an additional three-day session scheduled for July 27-29 to continue the process of setting up code files. Subsequent training will occur August 24-26 and September 28-0ctober 1. No activity to report on Field Connect for Building Permits and Code Enforcement. B REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: AUl!:ust 23. 2010 Source of Funds: N/A Requested By: Tim Tietiens Account Number: N/A Department: Planninl!: Report: ....K...-Resolution: _Ordinance: _ Amount Budgeted: N/A Amount Requested: N/A Exhibits: 1. Area Map 2. Cost Breakdown Summary 3. Ownership & R-O- W Closings 4. Paving & Drainage 5. Water & Sanitary Sewer 6. Landscaping & Maintenance 7. Ogden Development Layout Budgeted Item: _YES ....x....NO SUMMARY & RECOMMENDATION Alton Ogden and adjacent owners desire to develop approximately 20 acres of land adjacent to South 14th Street between West "D" and West "G" Streets (Sector 23 Area). He has recently acquired several properties in the area in order to aggregate land for development. Additionally, several adjacent property owners have joined Mr. Ogden in filing an application to close the existing rights-of-way required to facilitate the development. On April 28th of 2008, Staff requested direction from Council on Mr. Ogden's request to apply the funds from the right-of-way closings toward the cost of constructing South 14th Street which is integral to the development. At that time, Council advised Staff that it was agreeable to Mr. Ogden's request to partner in constructing South 14th Street using the abandonment proceeds. Currently, Mr. Ogden's Street/Alley Closing application is administratively complete. A subsequent appraisal of the rights-of-way to be closed has established fair market value at $1.75 per square foot. The application calls for closing 180,120 square feet of right-of valued at $315,210. By ordinance, the value of the subject rights-of-way will be discounted 25% resulting in total closing fees of $236,407.50. The total cost estimate for construction of Mr. Ogden's project is $612,240 and is detailed below: . Paving: $174,240 . Drainage: $215,000 . Sanitary Sewer Extension: $10,000 . Water Extension $117,000 . Engineering (% will apply to each party) $55,000 . Surveying (% will apply to each party) $30,000 . Landscaping $11,000 (Refer to Cost Breakdown Summary for further information) Upon applying all funds from the proposed street & alley closings, the project will require additional funding of$375,832.050 to be constructed. 2 Staff requests direction from City Council on determining if the City will further participate in infrastructure requirements of the Sector 23 development and to determine where funding sources may be available. Action Reauired of Council: Provide direction to staff regarding funding for infrastructure costs and agreement for R-O- W maintenance for development in Sector 23. Council Agenda ~/r'1 !/O Date AREA MAP N U'~C W s LEGEND !:::I SECTOR 23 DEVELOPMENT ... F216 REGIONAL DETENTION F (/) j: I- to ..- (/) OWNERSHIP CONSENT & R-O-W CLOSINGS I PROP. CLOSINGS & OWNERS _ PROPOSED CLOSINGS OGDEN VVESTERGREN BROTHERS _ STANFORD _ BOYLE _ MOORE _ F216 REGIONAL DETENTION 7 1 inch = 200 feet PAVING & DRAINAGE r- LO ""7 C/) .1...... ~ PROP. DRAINAGE CHANNEL (5. 16TH ST. TO LCB) f"- C/) WI DrST~ ~ -...- -- ...- --... -......-.... -- -....- ..... - ....- --.... c.c .- ......- --.....- --- -......- ....-...- --- -.....- --.... -.....- PROP. S. 14TH ST. (CONCRETE ROADWAY wi OPEN DITCH) Wi F"ST.\'m" "''''''i !' "r- -......- --....... --- -.....-.... -- -......- - -.....- --- -......-- -.....-- PROPOSED PAVING & DRAINAGE li?!?fj~ S 14TH ST (PROPOSED) -- - DRAINAGE IMPROVEMENTS (PROPOSED) _ R-O-WCLOSINGS (PROPOSED) _ F216 REGIONAL DETENTION (UNDER CONST) 1 inch = 200 feet I-'"- 2 =,C(l WDTST.!i.~ c.o ..... 'v, WATER & SEWER MAINS ... WATERLINE (PROP) W!GrST~ - WATERLINE (EXIST) ... SAN SEWER (PROP) - SANITARY SEII'vER (EXIST) I!lII~f S 14TH ST (PROPOSED) R-O-WCLOSINGS (PROPOSED) WATER & SANITARY SEWER 8 N ~ I' ........ . . . 15 ............................. WF(ST ! ~~ 00 ~ I 1 inch = 200 feet LANDSCAPING & MAINTENANCE) , . ; i ; I , I ! I .~ : . i i ! I i I 1 . i i J I ! I ! I i I i . i i 795 S. 14TH ST. RIGHT-OF-WA Y MAINTENANCE BY ADJACENT OWNERS i I .... I . i I I I I . i I I .;. .... .11'1 '., .. .. M II~ .. III . . ,....l1li _ .1 .,. .. I'll . . . IE ... . -. . . -....... - - -.. - -. - ......' ...... . .... - f,"", '. ..... .. -'l1li ,- - e-.-=-_ .. .. ':'. T: =-_. Ii .. "1: · I · .... ... . . : ... ... ...... .. III -. .1 II. .. I _II ..:. ~ . I ..' ... ..I~!lnlillll'lllIIII II. I · · - IiiII . . . . ...-. I .'. D. .. .... _; ..... '.'IIII!\. · 8~6 III II. '8d!7 .: :::-.. .@. , . .. .. . ,... I::!, .- : ..... ... ..l1li. ..1.. I:. 'II ~ ..= .iI_ .1' -=. -I_ ..:.: iI i" . - I . _.. .... .. . . . ... -.'1 III - . ..' ....-,. ...1.. . III!II. _," _ .. --'- .... I" ..-... . -.... ':=.. ...,..'...,.....,..-.....,... --- . ... ..$1'.,.":,, ..rtIIII/III\-. I __._ IiIIi . .,.-:.1.-.... .JI II _. - ...1 ....,...... .-1.. .111, III ,. .. Iii · 1111111111111 .. .~!!I.,..,.........I....... I .I.II...~I.: II...., ... .'~. 111..1 ..IIIliI'~I! II. .. - -11-- ,. .... II __ ,- ...-.. 111-' ' - ,-- ..I. . OGDEN DEVELOPMENT LAYOUT . @ - 1'1 .JfIJ .., - I . III ..-.....-. "lifj~~I'!"II -- .1IIiII1...., 'D' .. .... III I" .-....1 i'^, ~i ,. t. "" .~!& ~~ . ~ Draft Sector 23 August 13/ 2010 Street & Alley Closings $236,407.00 (Est.) Streets & Related Drainage 14th from "F" to "0" $174/240.00 Drainage Backfill & Abandon "E" St. from 16th to F216 $14/600.00 Construct Open Channel Improvments in "0" St. ROW $21/600.00 Resetting Culverts and Pavement along 16th Street $9/300.00 48" Culverts From 14th St. To 16th St. $50/000.00 60" Culverts from 14th to F216 (oversize) $37/600.00 $81/900.00 Landscaping for Neighborhood Buffer $11/000.00 Engineering and Surveying % of $85/000 % of $85/000 Utilities Water System Sewer System $117/000.00 $10/000.00 Water Front Foot Fees SewerFront Foot Fees $43/590.00 $141/034.00 Prepared by LaPorte Planning Department c REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested August 23,2010 Appropriation Requested By R.Bottoms Source of Funds: Department: Account Number: Report Resolution: Ordinance: Amount Budgeted: Exhibits: Workshop Amount Requested: Exhibits: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Discuss City Health Insurance Benefits for Municipal Court Judge, City Attorney and Assistant City Attorney aj'J/Jo Date There is no back-up required for this agenda item 13 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: AUl!ust 23. 2010 Budl!et Requested By: D. Wilmore Source of Funds: Department: Planning Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Amount Requested: Exhibits: Highlight Memo on Inspection Division Activities Budgeted Item: YES NO Exhibits: Julv Activity Report Exhibits SUMMARY & RECOMMENDATION Attached is a staff report highlighting Inspection Division activities. Action Required bv Council: ~!'1 (1) Date Memo CC: Mayor and City Council Debbie S. Wilmore, Chief Building Official Ron Bottoms, City Manager; John Joerns, Assistant City Manager; and Tim Tietjens, Director of Planning 8/13/2010 To: From: 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 July Activity Report. Unpermitted Room Addition - 9320 Teias Ct. . In mid-April 2010, staff received a report about work performed without a permit. A rear, room addition and porch area had already been completed. The addition was so close to the back property line that one of the porch posts was just inches off the fenceline. In addition to encroaching into the required 15' rear yard setback, the addition was on top ofthe property's utility easement. Recognizing the zoning violation and the new nonconforming situation, the owner requested additional time to secure bids and obtain funds to remove the addition. That time was granted and inspection staff worked closely with her to ensure a resolution. In mid-July, the owner obtained a permit to remove the addition/slab. That removal was completed by the end of July. Assistance on 1824 Sens Rd. . The store known as Super Deli had an emergency electrical repair. The electrician obtained his permit around 4:45pm and requested an emergency inspection at 5:00pm. He explained the store was without power and the products in the freezers, etc. would be lost if we couldn't help him. · Office personnel were able to reach a field inspector and he met the contractor at that location. He notified our personnel the inspection passed and they faxed the release at 5:22pm that afternoon. Highlight Memo Con't. Page 2 July Activity Report . (2) New Commercial permits - Valuation is $384,000 11518 Old La Porte Rd. (Sulzer Hickham - Elevator building) 11518 Old La Porte Rd. (Sulzer Hickham - Paving & Detention) . Decrease of(38) inspections from June . Decrease of(45) customers (counter) sign-ins from June . Increase of(37) code enforcement cases from June (101) weed cases were part of the overall (173) total cases . Ofthe (173) June cases, (67) or 39% were resolved in July . Page 2 ACTIVITY REPORT ERVICES. ,2010 ~V NEW RESIDENTIAL PERMITS: 2 VALUATION 342,850 NEW COMMERCIAL PERMITS: 2 VALUATION: 384,000 INSPECTIONS PERFORMED: 329 SLABS 43 ELECTRICAL 80 PLUMBING 65 COVERUP 41 FINAL 20 FRAME 6 MISC. 74 CUSTOMER SIGN IN: 349 OPEN RECORDS REQUEST: 11 COMMERCIAL PROJECTS PENDING - NEW CONSTRUCTION OR REMODELS OVER $50.000 11 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 FOLLIS CONSTRUCTION-11518 OLD LP RD 7-D-1O-517-BLDG FOR ELEV. FOLLIS CONSTUCTION-11518 OLD LP RD - 10-951 - PAVING AND DETENTION 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 BLDG MAINTENANCE 1 3 4 BUILDING 0 0 0 PLACEMENT CAR FLYERS 0 0 0 CONTAINERS 0 0 0 COIN OPERATED 0 0 0 MACHINE DANGEROUS 1 0 1 BUILDING DEBRIS 16 9 25 EXTERIOR STORAGE 0 1 1 FENCES 0 0 0 FORWARD TO OTHER 1 4 5 DEPARTMENTS GRAFFITI 0 1 1 HEALTH ISSUES 1 0 1 ILLEGAL DUMPING 0 1 1 ILLEGAL MOBILE 0 0 0 HOMES JUNK VEHICLES 9 1 10 LIVESTOCK 0 0 0 MISCELLANEOUS 0 3 3 OFFICE TRLR 0 0 0 OFF SITE PARKING 0 0 0 POOLS 0 0 0 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 1 0 1 STRUCTURES TEMP STORAGE CONT 0 0 0 UNSAFE ELEC 0 0 0 UNSAFE PLBG 0 0 0 WTRlDRAIN STD 2 2 4 WEEDS 89 12 101 WK WITHOUT PERMIT 2 5 7 ZONING 1 0 1 BLD CODE VIOLATION 0 1 1 BLDG CODE-SANIT 0 0 0 HOUSE MOVING 0 0 0 ROW OBSTRUCT 0 0 0 ROW DAMAGE 0 0 0 TOTAL 128 45 173 2 TOTAL OF 173 COMPLAINTS CASES JULY 2010 TOTAL COMPLAINTS, CASES 173 100% CASES RESOLVED 67 39% CASES UNRESOLVED 106 61 % NEW MUNICIPAL S. DE ROMERO (2) COURT CASES THIS MONTH 14 J. GIANUKOS D. FRALEY (2) R. TERRIO K. METCALF 1. CASTRO B. PRAYTOR H. PIRZADEH (2) J. JONES R. BIAZA (2) LAWSUITS IN PROGRESS (NON-MUNICIPAL COURT CASES) CLIFF HALL (1) S:\CPShare\INSPECTION DIVISION\Inspections\Monthlv RepOrts 2010JUNEMONTHL YREPORT .doc 3 14 CITY COUNCIL DRAINAGE REPORT August 23,2010 Klotz Design and Contract Construction . Design of Sheet Flow Relief Structure Improvements to Creekmont. Fairmont Park West. Brookglen and Fairmont Park East. Plans revised and approved by HCFCD. Bid opening scheduled for September 2,2010. . Draina(!e Study of Brookglen. Design is complete. Awaiting comments from HCFCD to make any necessary revisions. Expect to bid this Project late August. · Fairmont Park East - Fleetwood Drive. Design is 95% complete. Model runs for 5, 10, 25 and 100 year storm events have been revised and presented to the HOA Engineer for review. Awaiting approval of Impact Analysis by HCFDC to present final plans for approval. Bidding of this Project is on track for mid- August bidding. In-House Design and Construction of City-initiated Proiects. · South La Porte Bay Outfalls. Oakhurst - Agency review by TDRA underway. When review is complete and Project is approved, bidding is expected in early September. · F-216 Regional Detention Proiect. Clearing of F-216 regional detention IS approximately 60% complete. Corps of Engineers permit is approved. · City-Wide De-silting of Major Channels - Staff has identified several major channels not currently maintained by flood Control for possible de-silting. These include B106-05, Arizona from E Street to Park, South 3rd Street from Fairmont Parkway to the WWTP and several side channels off South 8th. Survey is 80% complete. Design of improvements is complete and under review by staff. Expect to bid in September. · Coordination with Harris County Flood Control District. - Staff has prepared a preliminary list of Project for HCFCD consideration. This list will be considered by the Drainage and Flooding Committee at the next meeting. In-House Drainage Maintenance Activities. · North and South Shady Lane. Survey and design is complete to provide sheet flow in lieu of underground drainage on Broadway and Sunrise into the Bayport Channel. Project is under review by the Port of Houston and Exxon Pipeline. · In-Fill Drainage. Cleaned ditches in various areas of the city. Completed drainage maintenance of South Side. Crews have moved to the Spenwick area for drainage maintenance. Additional work is almost complete in the Pine Bluff area. Civil Concepts, a survey firm, has been contracted to perform elevation and topographical survey of South 8th Street, East Main and North and South 16th Streets. Survey completed on South 8th - improvements under design. Survey underway on East Main. Staff has met with Harris County to discuss this area. Harris County requested additional survey information to determine if some of this drainage area can be directed to Barbour's Cut. The Sylvan Beach outfall has been repaired, and Harris County is replacing pipe from Bayshore Drive to the Bay. City crews have cleaned the ditch from Park (Garden Club) to Bayshore Drive. · Total Drainage Maintenance Completed This Period o Cleaning of Ditches o Cleaning of Culverts o Resetting Culverts o Inlets Installed 10,530 LF 984 LF 240 LF 14 ea