Loading...
HomeMy WebLinkAbout2011-01-10 Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council MINUTES OF REGULAR MEETING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL January 10, 2011 1. Call to order The meeting was called to order by Mayor Rigby at 6:00 p.m. Members of City Council Present: Council members Tommy Moser, John Zemanek, Mike Clausen, Chuck Engelken, Jay Martin, Mike Mosteit, John Black, Daryl Leonard and Mayor Rigby Members of Council Absent: None Members of City Executive Staff and City Employees Present: City Manager's Office: Ron Bottoms, Tracy Leach, Stacey Osborne and Melisa Boaze Legal: Knox Askins City Secretary's Office: Martha Gillett, Sharon Harris and Robin Eldridge Finance: Michael Dolby Planning: Tim Tietjens, Brian Sterling, Rodney Slaton and Julian Garza Police Department: Chief Ken Adcox and Officer Leo Trim Public Works: Steve Gillett and Don Pennell Fire: Mike Boaze and Donald Ladd Parks and Recreation: Stephen Barr, Marlene Rigby, Deb Kuykendall, Adam Gomez, Jeff Brown and Eddie Weber EOC: Jeff Suggs Others Present: Mary Lee Nolley, Dottie Kaminski, Kathryn Aguilar, Ted Powell, Rocky Zemanek, Jeanne Zemanek, Mr. and Mrs. Rosa, Phillip Hoot, Karen Rigby, Richard Warren, Charles Gilliam, Patrice Fogarty, Gail Martin. Mrs. Powell, Nancy Ojeda, David Janda, Don Hill, Marla Stringer, Robert Eldridge, Father Rickles, Mrs. Powell, Tim Stringer, Norma Elliott and Anthony Villarreal. 2. The Invocation was given by Don Hill of the Interchurch Council 3. Councilmember Mike Mosteit led the Pledge of Allegiance 4. Presentations/Proclamations Mayor Rigby read a letter of Commendation for Adam Gomez and Jeff Brown - La Porte Special Programs (Parks & Recreation Department) 5. Petitions, Remonstrances, Communications, Citizens and Tax Payers wishing to address Council on any item posted on the agenda (Limited to five minutes) Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on January 10, 2011 2 Kathryn Aguilar - 3119 Fondren, La Porte, Texas - Ms. Aguilar informed Council Mr. Aguilar would not be present to speak. She addressed Council regarding irregularities in Land Purchases by the Economic Development Corporation. Tim Aguilar - Mr. Aguilar was not present to speak. Chuck Rosa - 812 South Virginia - Mr. Rosa informed Council he is opposed to increase in taxes for the Fire Department. Ted Powell - 1700 Roscoe - Mr. Powell informed Council of his continued concerns with Five Points and his opposition to the purchase of property on Virginia Street. Phillip Hoot - 927 Sea breeze - Mr. Hoot informed Council he recommends cancelling the entire Memorandum of Understanding with Garson Silvers. He further noted his opposition to the purchasing of property on Virginia Street. Charles Gilliam - declined to speak. 6. Consent agenda - Any item may be removed by a Councilperson for discussion. A. Consider approval or other action of minutes of Regular Meeting, Public Hearing, and Workshop Meeting of the of La Porte City Council held on December 13, 2010 - M. Gillett B. Consider approval or other action to authorize expenditure of $180,000.00 by the La Porte Development Corporation Board to fund project for the installation of bulkheads at the City of La Porte Golf Course - S. Osborne/R. Bottoms C. Consider approval or other action to authorize expenditure of $175,000.00 by the La Porte Development Corporation Board to fund project for Sector 23 development for a 22-acre light industrial park - S. Osborne/R. Bottoms D. Consider approval or other action to approve ordinance authorizing sale of 0.5814 acre tract located adjacent to Sens Road to high bidder ChemCoast, Inc. (Ord. 3311) - C. Askins E. Consider approval or other action authorizing the reappointment of Subsidence District Board Member Jodi (Bobo) Norris - Mayor Rigby F. Consider approval or other action regarding an ordinance authorizing the execution of an Interlocal Agreement with Harris County, Texas for administration and implementation of a regional watershed protection education program (Ord. 3312) - T. Tietjens G. Consider approval or other action authorizing Mayor to execute an Agreement to participate in the Sanitary Sewer Overflow initiative with the Texas Commission on Environment Quality - S. Gillett Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on January 10, 2011 3 H. Consider approval or other action accepting a reimbursable matching Grant for Routine Airport Maintenance Program (RAMP), through the Texas Department of Transportation and authorizing the City Manager to execute the grant agreement for fence replacement with the Texas Department of Transportation Aviation Division - D. Pennell Councilman Martin had questions on consent item C. City Attorney Knox Askins read the following Ordinance captions: Ordinance 3311 - AN ORDINANCE AUTHORIZING AND APPROVING THE CONVEYANCE OF A TRACT OF LAND CONTAINING 0.5814 ACRES OUT OF OUTLOT 240 IN THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, TO CHEM-COAST, INC. AS HIGH BIDDER; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Ordinance 3312 -AN ORDINANCE APPROVING AND AUTHORIZING RENEWAL OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR ADMINISTRATION AND IMPLEMENTATION OF A REGIONAL WATERSHED PROTECTION EDUCATION PROGRAM; APPROPRIATING $16,896.40, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Enqelken to approve the consent as presented. Second by Councilmember Mosteit. The motion carried unanimously. Ayes: Mayor Rigby, Council members Zemanek, Black, Mosteit, Engelken, Leonard, Moser, Martin and Clausen. Nays: None Abstain: None Absent: None 7. Consider approval or other action regarding an ordinance appointing seven people to serve as temporary directors of the La Porte Fire Control, Prevention, and Emergency Medical Services District (Ord. 3313) - D. Ladd Assistant Fire Chief Donald Ladd presented summary and recommendation and answered Councils' questions. City Attorney Knox Askins read: Ordinance 3313 - AN ORDINANCE APPOINTING SEVEN (7) PERSONS TO SERVE AS TEMPORARY DIRECTORS OF THE LA PORTE FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT' PROVIDING FOR AN ORGANIZATIONAL MEETING OF THE TEMPORARY BOARD' AND ELECTION OF ONE OF ITS MEMBERS AS PRESIDING OFFICER OF THE Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on January 10, 2011 4 BOARD; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Enqelken to approve an ordinance appointinq Dottie Kaminski, Danny Campise, Thomas Dye III. Johnny Jones, Paul Hickenbottom, Rick Guzman and Robert Eldridqe to serve as temporary directors of the La Porte Fire Control, Prevention, and Emerqency Medical Services District. Second by Councilmember Leonard. The motion carried unanimously. Ayes: Mayor Rigby, Council members Zemanek, Black, Mosteit, Engelken, Leonard, Moser, Martin and Clausen. Nays: None Abstain: None Absent: None 8. Consider approval or other action authorizing the City Manager to execute an agreement with Klotz and Associates for additional design services and to reauthorize the bidding and construction phase services to the Sheet Flow/Underwood Relief Project at a cost not to exceed $49,500.00 - T. Tietjens Planning Director Tim Tietjens presented summary and recommendation and answered Councils' questions. Motion was made by Council member Enqelken to execute an aqreement with Klotz and Associates for additional desiqn services and to reauthorize the biddinq and construction phase services to the Sheet Flow/Underwood Relief Proiect at a cost not to exceed $49,500.00 as presented by staff. Second by Council member Mosteit. The motion carried unanimously. Ayes: Council members Zemanek, Black, Mosteit, Engelken, Leonard, Moser, Martin, Clausen and Mayor Rigby. Nays: None Abstain: None Absent: None 9. Consider approval or other action authorizing the City Manager to execute an agreement with Klotz and Associates for additional design service for Brookglen Detention at a cost not to exceed $14,000.00 - 1. Tietjens Planning Director Tim Tietjens presented summary and recommendation and answered Councils' questions. Motion was made bv Council member Enqelken to authorize the City Manaqer to execute an aqreement with Klotz and Associates for additional desiqn service for Brookqlen Detention at a cost not to exceed $14,000.00 as recommended by staff. Second bv Council member Leonard. The motion carried unanimously. Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on January 10, 2011 5 Ayes: Mayor Rigby, Council members Zemanek, Black, Mosteit, Engelken, Leonard, Moser, Martin and Clausen. Nays: None Abstain: None Absent: None 10. Mayor Rigby closed Regular Meeting and opened Workshop Meeting at 6:34 p.m. Discuss future purchase of lots located behind the Alamo Building on Virginia Street, potential loan to developer for purchase of said lots and the previous Memorandum of Understanding with regards to same - D. Leonard, 1. Moser and J. Zemanek Council discussed future purchase of lots located behind the Alamo Building on Virginia Street, potential loan to developer for purchase of said lots and the previous Memorandum of Understanding with regards to same and directed staff to advise the Economic Development Corporation they would like them to terminate the Memorandum of Understanding with East A. Development Corporation and not to move forward with the purchase of the property located on Virginia Street. 11. Mayor Rigby closed the Workshop Meeting and opened the Regular Meeting at 7:13 p.m. 12. Receive monthly Drainage Report - T. Tietjens Planning Director Tim Tietjens provided the monthly Drainage Report 13. Administrative Reports January 20, 2010 - Steve and Martha Gillett's Retirement Party - Evelyn Kennedy Center - 5:30 p.m. - 8:00 p.m. January 21, 2011 - 19th Annual BAHEP (Bay Area Houston Economic Partnership) - Quasar Award Banquet - South Shore Harbour Resort and Convention Center (Crystal Ballroom) - 6:30 p.m. - 9:30 p.m. January 24, 2011 - City Council Meeting - 6:00 p.m. City Manager Ron Bottoms welcomed new Assistant City Manager Traci Leach and Senior Project Engineer Julian Garza to the City of La Porte 14. Council Comments: Mosteit, Clausen, Martin, Black, Zemanek, Leonard, Engelken and Mayor Rigby A. Matters appearing on agenda B. Recognition of community members, city employees, and upcoming events C. Inquiry of staff regarding specific factual information or existing policy Minutes of Regular Meeting and Workshop Meeting of La Porte City Council on January 10, 2011 6 15. Executive Session - pursuant to provision of the Open Meeting Law, Chapter 551, Texas Government Code, Sections 551.071 through 551.076, 551.087 (consultation with attorney, deliberation regarding real property, deliberation regarding prospective gift or donation personnel matters, deliberation regarding security devices, or excluding a witness during examination of another witness in an investigation , deliberation regarding economic development negotiations) A. 551.074 (Personnel Matter) Interview City Secretary Candidate (A) B. 551.074 (Personnel Matter) Interview City Secretary Candidate (B) Council retired to executive session at 7:28 p.m. Council returned to the table and reconvened the regular meeting at 9:38 p.m. 16. Considerations and possible action on items considered in executive session. Mayor Rigby noted two candidates had been interviewed for the position of City Secretary and entertained a motion for a recommendation of choice for City Secretary on one of the candidates. Councilmember Chuck Enqelken made a motion for City Manaqer Ron Bottoms to neqotiate with City Secretary Candidate B. Patrice Foqarty as the choice for City Secretary. Second by Councilmember Leonard. The motion carried. Ayes: Engelken, Leonard, Zemanek, Moser and Mayor Rigby. Nays: Clausen, Martin, Mosteit and Black Abstain: none Absent: None 17. Adjournment Being no further business, the meeting was duly adjourned at 9:40 p.m. Respectfully s~ ~s, TRMC Assistant City Secretary B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 1/10/11 Requested By: Stacey Osborne Department: CMO Appropriation Ordinance: Source of Funds: SOURCE Account Number: 038-6030-565.90-15 Amount Budgeted: $180,000 Amount Requested: $180,000 Budgeted Item: ~ NO Report: Resolution: Exhibits: Tear-sheet- PH- 11.15.2010 SUMMARY & RECOMMENDATION Section 5.04 of the La Porte Development Corporation bylaws require that the La Porte City Council approve all expenditures of the La Porte Development Corporation which exceed $15,000.00. At its November 15, 2010 meeting the Development Corporation held a public hearing and voted to approve the expenditure of $180,000 to fund the installation of bulkheads at the City of La Porte Golf Course. The funding was subject to a 6O-day waiting period, which began with the Notice of Public Hearing on November 7,2010. The 60-day waiting period for the project concluded on January 6, 2011. With Council's approval, the EDC can move forward with funding the projects as described at the Public Hearing on November 15, 2010. -_."."'''''.._---,.-----~'''-----_.. Action Required bv Council: Authorize the expenditure of $180,000 by the La Porte Economic Development Corporation to fund the installation of bulkheads at the City of La Porte Golf Course. Ron Bottoms, City Manager I(V!", date l'>Ji '" ~ I\Je)TICE ()F PlJBLIC ~~"IEARIf\J(3 lA PORTE IOIEVElOPMEO\JT CO~;~PORATION BOA~D (Type B Eoard Notice is hereby given that the La Porte Development Corporation Board (Type B Board) of the City of La Porte, Texas will conduct a public hearing at 5:00 p.m. on the <15th day of Novembe/; 2.0'W, in the Council Chambers at City Hall, 604 West Fairman: Parkway, La Porte, Texas. The purpose of the public hearing is to receive public input on proposed expenditures of La POlie Development Corporation funds to pay for two separate projects: 1) $175,000 to fund street paving for the Sector 23 development of a 22-acre light industrial park; and 2) $-180,000 to fund the installation of bulkheads at thE City of La Porte Golf Course. Persons wishing to address the Board pro or call shall be required to sign in before the meeting is convened. errv OF LA PORTE, 1'\I~arUIal Gmett, TRMe City Se(:~'etm1f ~ mall B Isiness rhe Port of Author's Small :~:ill~:~~e~;:~'~~~. tnf:' . P contractors to m e 0 to utilize certiji m II projects. B loint Ventures Encourages jeint ventures and alliance, between small businesses and larger fIrms in the interest of faster and more efficient results on various projects. C Supplying Solutions We provide training workshops to help small businesses prepare proposals and achieve SUCcess on projecls. '" " thepo RTfolio ,. i '"'-. l"'"'L~ E' P - fl"']~- If i\ n ~= . O. W''\:. (j !2 ~ LJlE~ BV'ERJEr ~~ :7 /) alJtJtlifi>- \",~\; f1t/ O' Promoting trade and economic development at ever}' level is the Port of Houston Authorit)"s mission. We are c()mmiHed 10 working with local chambers of COITlmelce to create Opportunities for small businesses while building on established standards of competitiveness and high quality_ s.;:o, F ,,~- 1-8oo-688-,l625 ' www.portofhollston.cum --.----------~-~--------""'--~ ->-'---~------"------"'------- c REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 1/10/11 Appropriation Ordinance: Source of Funds: SOURCE Account Number: 038-6030-565.90-15 Amount Budgeted: $175,000 Amount Requested: $175,000 Budgeted Item: rn NO Requested By: Stacey Osborne Department: Report: CMO Resolution: 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 8. Tear-sheet- PH- 11.15.2010 SUMMARY & RECOMMENDATION Section 5.04 of the La Porte Development Corporation bylaws require that the La Porte City Council approve all expenditures of the La Porte Development Corporation which exceed $15,000.00. At its November 15, 2010 meeting the Development Corporation held a public hearing and voted to approve the expenditure of $175,000 to fund street paving for Sector 23 development of a 22-acre light industrial park. The funding was subject to a 60-day waiting period, which began with the Notice of Public Hearing on November 7,2010. The 60-day waiting period for the project concluded on January 6, 2011. With Council's approval, the EDC can move forward with funding the projects as described at the Public Hearing on November 15,2010. Action Required bv Council: Authorize the expenditure of $175,000 to fund street paving for Sector 23 development of a 22-acre light industrial park. ,,,,,~,""_~~~~"""^~~~"""'''''','1''''__^_'_'''''''~_~'''_''''''__ 1/cr'4 date AREA MAP N \\'~E W LEGEND 1:::1 SECTOR 23 DEVELOPMENT .. F216 REGIONAL DETENTION Draft Sector 23 August 13, 2010 Street & Alley Closings $236,407.00 (Est.) Streets & Related Drainage 14th from /IF" 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 OWNERSHIP CONSENT & R-O-W CLOSINGS I f'- C,/) ::c I- to r:- C,/) 864 i i < 'I 1 inch = 200 feet j 1 PAVING & DRAINAGE r-- U") r: (/) I Wi DT 5T ~ ~ -..- -- ..- --- -....- .... -- -....- - - ...- _- _ to PROP. S. 14TH ST. (CONCRETE ROADWAY wI OPEN DITCH) PROP. DRAINAGE CHANNEL (S. 16TH Sf. TO LCB) 1 1 inch = 200 feet WATER & SEWER MAINS ... WATERUNE (PROP) WfGTST "" - WATERUNE (EXIST) ... SAN SEWER (PROP) - SANITARY SEWER (EXIST) ~l::li~ S 14TH ST (PROPOSED) R-O-WCLOSINGS (PROPOSED) F 2=~ WDTST"~ to .-- '(I) 833 WATER & SANITARY SEWER u-,: .-- (1)1 I ='"~"''''O I' ' ~ ~1.) N .l!. II 8 ........ . . . 15 "l 1'2' ,r::. 8",J ~""""""-""""""""""""'_""""'W'W_ ............................. WFiST -! 1 I" 'M]: IFtti nH 1 inch = 200 feet LANDSCAPING & MAINTENANCE) ".' '" . ! : i 832! : i ~\ ~~ ~: i I i I . I i ! ,I l- i I (/) j I "Li.. I i .~ l . , I , I 1 i I I f I I I l ! i I I . OGDEN DEVELOPMENT LAYOUT ~a ..>>;,1 II,. ,t} 111I_ _ Pt.,;,,,. III ." .. ... '-.... ". I .... i,' . """'. .." .... 1,'.J ~.. I __ ".it_._ - . ....,...'.. I '-'.11 i ._ 1IIiiIIII- .. . i ...iI.-III1111 - .: III : .. I .i.....1_ 8~6 t:- : '11111. . .11 I .. ~ . . . ..... -. .' . ~!!I"".........I..,.I._i-' .. ..fc I! III, __- - ....1... .. -., .. . · : ... ....u. . . ... II ... III III . -. .. ... . .. . 1;11. .. ' .' .. '._' t-:i .,_ /.,( ..._..'1" .. . 1.~-"'_"IIlii, -- .- ~.. . ...-.1.'." .1'" .... . I, .II -....1 r." : 1111 ',,. - .. ,...... -,I.. 8?7 -. '. -B~ I · '_ 11II - - -..' .- . .- .. .. . . II I 0 .' .1. 'II.. ' =. ' I _.- I. .1 ...__' ~:.. 11II11I11. _ ... . _ -,B, ..r-."-,., ""-... 1IIIl.. ',...... ..- '. -'.' -.11I., __ (If'li' ...... ' _' 11III. WIll'.' .Ii.~,. -./1.........1...... · · .' <I.-I r. I...:; I .....-. -.' __ !_;' \:a III!II .. 'II ' ..' __- . ... ... .' 'r- 1-",. ; --'r.. 11.1.. II!~-..' -I ,.. .. .;! .".'.,.. . . . X._ .'" _.11II......::1 , " . -.~. ~ .,111 ~~Ob1, . _-r-. . _.' ,II,.,.~ ::"'\11'.':.11. . _ 1.0 .,.' .' -:'..11)] I r11 -,.. .. . ~.'."I . '11 ... .- .. - . --- . . <>4."~E:: :'"1';;."" . i. . . . .. . II. l ;'B. M NOTICE OF PUBLIC HEARIN.G LA PORTE DEVELOPMENT COFU.>ORATION BOARD (Type B Board Notice is hereby given that the La Porte Development Corporation Board (Type B Board) of the City of La Porte, Texas will conduct a public hearing at 5:00 p.m. on the '15th day of November, 20'10, in the Council Chambers at City Hall. 604 West Fairmon; Parkway, La Porte. Texas. The purpose of the public: hearing is to receive public input on proposed expenditures of La Porte Development Corporation funds to pay for two separate projects: 1) $175,000 to fund street paving for the Sector 23 development of a 22-acre light industrial park; and 2) $180,000 to fund the installation of bull<heads at the City of La Porte Golf Course. Persons wishing to address the Board pro or con shall be required to sign in before the meeting is convened. CITY Of LA PORTE, Mart.ha Gillett, TRMC City Secretary '" ~ := 0) '" ... malle siness The Port of I us1 Authori s Small eusiness oevelOr~Pram is goal-oriented ini ti re ' contractors to m '. e . od aith ef rts to utilize certifi Sf II siness on projects, B Joint Ventures Encourages joint ventures and alliance~ hetween small businesses and larger fwms in the interest of faster and more ef/1cieJ'lt re5ulls on various projects. C Supplying solutions We provide training worksho~ to help small businesses prepare proposals and achieve success 0\1 projects. thepo RTfolio 1f"'HE PORT DEt,..,IVERS'H tf,e ff{1C1& promoting trade and economic development at every level i5 the Pori l1f Houston Authorily' 5 mission. Wr! are commilted to working wiih local chambers o( commerce to creale opportunities for small businesses while building on established standards of competitiveness and high quality. .. , ~ hi.: 1-80D-688-3625 . www.portofhoustol1.COlll D REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested January 10,2011 Requested By: City Attorney's Office Appropriation Source of Funds: Department: City Attorney's Office Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Amount Requested: Exhibits: Proposed Ordinance Budgeted Item: YES NO Exhibits: SUMMARY AND RECOMMENDATION In 2010 the City Council approved the sale of surplus property located adjacent to Sens Road, to ChemCoast, Inc., which was the high bidder. ChemCoast, Inc. subsequently requested the issuance of a title policy in connection with its purchase, to be paid for by ChemCoast, Inc. (along with all other closing costs). American Title Co., which is closing the sale, has asked that the city to adopt a form of "corporate resolution in recordable form to support the proposed transaction", as noted in Schedule C of the title commitment. The City Attorney's office has drafted a proposed ordinance authorizing the conveyance, to meet the requirements of the title company. rove ordinance authorizing sale of surplus property to high bidder ChemCoast, Inc. II~ ), Date ORDINANCE NO. 2011- "'3311 AN ORDINANCE AUTHORIZING AND APPROVING THE CONVEYANCE OF A TRACT OF LAND CONTAINING 0 . 5814 ACRES OUT OF OUTLOT 240 IN THE CITY OF LA PORTE, HARRIS COUNTY, TEXAS, TO CHEM-COAST, INC. AS HIGH BIDDER; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the documents which are attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such documents and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subj ect of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 10th day of January, 2011. By: AT'TEST: --m4&/- d. 4f!!L- Ma t a . GiI ett City Secretary APPROVED: "~ r t4v!L~ Cl .4Skins City Attorney 2 E -------- .- -,._,~~-'---- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested Januarv 10. 2011 Requested By: Mayor and City Council Appropriation Source of Funds: Department Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Amount Requested: Exhibits: Letter from Subsidence District Budgeted Item: YES NO Exhibits: Exhibits: SUMMARY & RECOMMENDATION The Subsidence District is requesting an appointment renewal of Board Member Jodi (Bobo) Norris. Ms. Norris has served in this position for several terms and has never had an opposition. Action Required bv Council: ze the r ppointment of Subsidence District Board Member Jodi (Bobo) Norris. IN/' Date DZ~itWtq t$. }\,. DEe 1 7 i010 December 13,2010 The Honorable Louis R. Rigby Mayor City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 Dear Mayor Rigby: As General Manager of the Subsidence District, it is my responsibility to notify you that the term of office of Jodi (Bobo) Norris as a board member of the Subsidence District will expire on January 31, 2011. The appointment is to be made by the mayors of the cities of Deer Park, Galena Park, La Porte, Nassau Bay, and Seabrook, and by the President of the Clear Lake City Water Authority. Ms. Norris may be reappointed for a two-year term. All members appointed to the Subsidence District board must be residents of and qualified voters in the District. Your selection of a director should be made by Friday, January 28, 2011. Please send your letter confirming your appointment to the address listed below. Your interest in and support of the Subsidence District is greatly appreciated, and I look forward to working with you and your staff in 2011. Please contact me if you have any questions concerning the board appointments. Ronald J. Neighbors General Manager RJN/rg HARRIS-GALVESTON SUBSIDENCE DISTRICT 281-486-1105 Fax: 281-218-3700 postmaster@subsidence.org 1660 WEST BAY AREA BOULEVARD FRIENDSWOOD, TEXAS 77546-2640 www.subsidence.org /J// /' !~ /~ i- 1(,.) \ .---1 (I.- .'- ~\ Q ~ City of La Porte Established 1892 January 27, 2011 Harris-Galveston Subsidence District c/o Ronald Neighbors 1660 West Bay Area Blvd. Friendswood, Texas 77546-2640 Dear Mr. Neighbors: \O~ This letter is to inform you that La Porte City Council authorized the reaPBPntment of Ms. Jodi (Bobo) Norris as board member of the Subsidence District at the January'L4, 2011, City Council Meeting. rfyou require additional information please contact the City Secretary's Office at 281-470-5019. .', j \ Ie _a~~n /4v t 0 t::;thn Louis RL R~by ',/ htH \c\'. Fairmo!lr Pkwy. . La Porte, Texas 77.571 . (281) 471-5020 F REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: Januarv 10. 2011 Source of Funds: GEN530 Requested By: Tim Tietiens Account Number: 001-7070-530-5007 Department: Plannin{! Amount Budgeted: $17.000.00 Report: _Resolution: _Ordinance:-X- Amount Requested: $16.896.40 Exhibits: Ordinance Budgeted Item: ---X..- YES _NO Exhibits: Interlocal Agreement SUMMARY As part of the Texas Commission on Environmental Quality storm water general permit operators of Municipal Separate Storm Sewer System (MS4) are required to provide minimum control measures to eliminate illicit discharges into their storm sewer system. One of those measures is to provide public education and outreach. Harris County along with other partners such as City of Houston, City of Seabrook, and City of Webster have developed a program for public outreach. The City of La Porte has participated in this program over the previous year to meet some of the control measures eliminating the need for consultant or contracting to administer public outreach and education. Staff recommends renewing the lnterlocal Agreement with Harris County to administer the outreach program. Action Required bv Council: Approve ordinance and authorize Interlocal agreement with Harris County. I/q/( Date ORDINANCE NO. 2011- 63,.~ AN ORDINANCE APPROVING AND AUTHORIZING RENEWAL OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, FOR ADMINISTRATION AND IMPLEMENTATION OF A REGIONAL WATERSHED PROTECTION EDUCATION PROGRAM, APPROPRIATING $16,896.40, TO FUND SAID CONTRACT, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT 7 FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The city Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the city to all such documents. city Council appropriates the sum of $16,896.40 from Fund 001-7070-530-5007, to fund said contract. Section 2. The city Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The city Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 10th day of January, 2011. By: ATTEST: ~ d. r#tf1/l Martha . Gi! t City Secretary APPROVED: c~sr ~ City Attorney 2 INTERLOCAL AGREEMENT THE STATE OF TEXAS S S COUNTY OF HARRIS S THIS INTERLOCAL AGREEMENT, hereinafter referred to as "Interlocal Agreement", is made, entered into, and executed pursuant to the Interlocal Cooperation Act (TEX. GOVT CODE ANN., ch. 791) by and between Harris County, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as the "County" and the City of La Porte, a municipal corporation and city of the State of Texas and acting by and through its governing body, the City Council, hereinafter referred to as "City", WITNESSETH THAT: WHEREAS, the United States Environmental Protection Agency ("EPA") has promulgated regulations requiring operators of discharges from certain municipal separate storm sewer systems (MS4's) to obtain National Pollutant Discharge Elimination System ("NPDES") permits for storm water discharges to waters of the United States; and WHEREAS, pursuant to Part III (A)(1) of General Permit No. TXR040000 of the Texas Pollutant Discharge Elimination System, subject MS4s are required to implement a public education and outreach program on storm water impacts; and WHEREAS, the County and the City are responsible under the regulations and permits applicable to each for public education programs; and WHEREAS, the City and the County desire that the County administer, in accordance with this Interlocal Agreement, a regional public education services program related to storm water quality and other related issues that impact the water quality of our local watersheds in regard to, but not limited to dissemination of information regarding (a) prevention of litter, (b) proper management of pesticides, herbicides, and fertilizers, (c) public reporting of illicit discharges, (d) proper management of used oil and household hazardous wastes, and (e) proper construction methods, hereinafter called the "Program". NOW THEREFORE, for and in consideration of the mutual covenants, agreements and benefits to the Parties herein named, the County and the City agree to the following: I. On or before the 60th day after execution of this Agreement, the City shall submit payment in the amount of ~16.896.40 to the County. II. Within 90 days of the effective date of this agreement, Harris County will provide information, in electronic format, related to major outfalls previously located by Harris County within t~e City's jurisdiction. The County shall not be responsible for the completeness or accuracy of the information. III, The County will administer the Program, which may include tasks such as: . Development and production of color and black-and-white newspaper advertisements in the Houston Chronicle and local newspapers, including ethnic-based news publications. . Development and production of full color newspaper inserts focusing on key regional issues related to watershed protection and storm water quality. Password-protected, web-based access to electronic versions of program related brochures, flyers, direct mail postcards, booklets, newspaper advertisements, newspaper inserts, . Phase II "hot button" on the front page of the regional website with links to all participating Phase II City homepage(s) or page of their choice. . Frequent RWPP program announcements via e-mail. . Stakeholder group meetings (as needed for special announcements). Harris County will provide the City with a written summary of all regional public education campaign activities provided under this agreement within 30 days of any request by the City. If the City chooses to use this information to demonstrate permit compliance in their annual report to the Texas Commission on Environmental Quality or for any other purpose, it will be the City's responsibility to determine appropriateness of that usage. IV. The County may use funds provided by the City under Section I of this agreement to pay costs of the Program. At the end of this Agreement, the County shall deliver to the City an accounting of all funds expended under this Interlocal Agreement. If the funds provided by the City are in excess of the costs of the Program, the County shall refund the amount of the excess to the City. V. All notices and communications to the City under this Interlocal Agreement except as otherwise specifically provided, shall be in writing and either mailed by certified mail, return receipt requested, postage prepaid, or delivered to the following address, or such other address as the City may designate by notice: City of La Porte Rodney Slaton, P.E., CFM 604 W. Fairmont La Porte, TX 77571 All notices and communications to the County under this Interlocal Agreement, except as otherwise specifically provided, shall be in writing and either mailed by certified mail, return receipt requested, postage prepaid, or delivered to the following address, or such other address as the County may designate by notice: Harris County Public Infrastructure Department Architecture & Engineering Division Communications 10555 Northwest Freeway, Ste. 220 Houston, Texas 77092 Attention: Dimetra K Hamilton, MPA Public Information Officer VI. This Agreement shall remain in effect for a term of one year beginning upon the latter of either the execution of this Interlocal Agreement by the County or the City, provided that either party may terminate this Agreement upon thirty days written notice to the other Party. IN TESTIMONY OF WHICH, this Interlocal Agreement has been executed as follows: a. It has been executed on behalf of the County on the day of MAR 2 2 2011 2010, by the County Judge of Harris County, Texas, pursuant to an Order of the Commissioners' Court of Harris County, Texas authorizing such execution; and b. It has been executed on behalf of the City on the I4 day of .. i- , 201 by its Mayor, pursuant to authorization by its City Council. APPROVED AS TO FORM: HARRIS COUNTY Vince Ryan Harris County Attorney ),/ B CSC Z' B Y (- Y 64t._ Don C. Whitley ED EMMETT, County Judge Assistant County Attorney AT EST: CITY OF A V "TE By r e � / y � Loin igby, Ma • Presented to Commissioner's Court MAR 2 2 2011 COUNTY OF HARRIS § APPROVE 1 "�'� STATE OF TEXAS § Recorded Vol Page The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on the day of MAR 2 :+ , , with the following members present, to -wit: ��� Ed Emmett County Judge El Franco Lee Commissioner, Precinct No. 1 Sylvia Garcia Commissioner, Precinct No. 2 Steve Radack Commissioner, Precinct No. 3 Co .- ` and the following members absent, to -wit: J, n r;!_ L of constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR ADMINISTRATION AND IMPLEMENTATION OF A REGIONAL WATERSHED PROTECTION EDUCATIONAL PROGRAM Commissioner introduced an order and made a motion that the same be adopted. Commissioner t•0 seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: Yes No Abstain Judge Emmett Er ❑ ❑ Comm. Lee e/ ❑ ❑ Comm. Garcia 0' El Comm. Radack ❑ ❑ _ ..•••• - . - ■� The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and law -fully adopted. The order thus adopted follows: IT IS ORDERED that the County Judge is authorized to execute for and on behalf of Harris County an Interlocal Agreement between Harris County and the City of La Porte for administration and implementation of a regional watershed protection educational program, said Interlocal Agreement being attached hereto and incorporated herein by reference for all purposes as though fully set forth verbatim herein. HARRIS COUNTY PUBLIC INFRASTRUCTURE DEPARTMENT 10555 Northwest Frwy, Ste. 220 Architecture & Engineering Division Houston, Texas 77092 (713) 685 -7355 April 1, 2011 City of La Porte Mayor Louis R. Rigby 604 W. Fairmont Parkway P.O. Box 1115 La Porte, TX 77572 Subject: Transmittal of Agreement between Harris County and the City of La Porte for administration and implementation of a regional watershed protection education program Dear Mayor Rigby: Attached please find one fully executed agreement between Harris County and the City of La Porte. In accordance with the agreement, please forward a check made payable to Harris County in the amount of $16,896.40, by May 2, 2011. Should you have any questions or comments, feel free to contact Veronica Celis at (713) 685 -7355. Sincerely, Ra and Anderson, P.E. Manager of General Services RA:vc Attachments — 1- original agreement cc: Central File G REQUEST FOR CITY COUNCIL. AGENDA ITEM Agenda Date Requested: January 10, 2011 Appropriation Requested By: S. Gillett Source of Funds: N/A Department: Public Works Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: TCEQ Transmittal Letter Amount Requested: Exhibits: Agreement Budgeted Item: N/A Exhibits SUMMARY & RECOMMENDATION The Texas Commission on Environmental Quality (TCEQ) has proposed the City enter into an agreement to participate in the Sanitary Sewer Overflow (SSO) Initiative Program. The proposal is a result of a compliance inspection of the City's Wastewater Treatment Facility. The inspection found six (6) unauthorized discharges of sewer overflow over an eighteen (18) month period. The city initially developed a Sanitary Sewer Overflow Program as a result of a 1992 Administrative Order (AO) from the Environmental Protection Agency. The Order was a result of numerous overflows reported by the city as a result of infiltration and inflow of storm sewer into the system. The City's Program has operated since that time, and has resulted significant reductions in overflow events. The AO was discontinued by the EPA after the city demonstrated significant improvement in overflow events. The recent overflow events were primarily the result of power failures and pipe failure over an 18 month period. While recognizing the significant and ongoing improvements to the city's sewer system, the TCEQ nevertheless recommended that the city participate in the SSO program. To participate, the city must agree to comply with a ten (10) year schedule of planning, evaluation and system improvements. Because the city has had a SSO program in place since 1992, and has long -term plans in place to continue improvements, participation in the Program will not result in any new requirements; only agree to continue the Program. In return for agreeing to participate in the Program, the TCEQ will withhold further enforcement action related to the noted deficiencies. Acti ' . ' equired by Council: Authorize the Mayor to execute an Agreement to participate in t - Sanit.1 Sewer Overflow Initiative with the Texas Commission on Environmental Quality. A . • rov: j r Ci uncil A ' enda 17V % � R i n Bottoms, City Manager Date Bryan W Shaw, Ph.D., Chairman Buddy Garcia, Conunissioner Carlos Rubinstein, Commissioner DEc 3 0 2010 Mark R. Vickery, P.G., Executive Director :arc' TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution December 27, 2010 CERTIFIED MAIL - RETURN RECEIPT REQUESTED 91 7108 2133 3935 2104 4077 The Honorable Louis Rigby Mayor of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Re: Sanitary Sewer Overflow ( "SSO ") Initiative City of La Porte, Harris County RN1o1610889 Enforcement Case No. 40688 Dear Mayor Rigby: On September 28, 2010, a member of our regional staff conducted a record review of the City of La Porte to determine compliance with applicable laws and regulations pertaining to wastewater collection systems. Based on a letter dated August 30, 2010 from Mr. Steve Gillett, Director of Public Works, it was recommended that the City of La Porte be placed into the Sanitary Sewer Overflow ( "SSO ") Initiative Program. We propose that the Texas Commission on Environmental Quality and the City of La Porte enter into the enclosed Agreement. The Agreement lists the deficiencies addressed by this action and any specific technical requirements necessary to resolve the deficiencies. Please review the Agreement, affix your signature and the date, and return it to this office within 3o days after the date of this letter. A copy of the Agreement is provided for your files. Also, enclosed for your convenience is a return envelope. If you observe any inaccuracies in the document, please contact us immediately so that an amended Agreement can be considered within the 3o -day deadline. If you have any questions, please contact Ms. J fifer Graves of my staff at (956) 430 -6023. Si crely, . u a ts Manager Enforcement ivision SJ /jg Enclosures:Original Agreement with Attachments, File Copy, Return Envelope P.O. Box 13087 Austin, Texas 78711 -3087 512 - 239 -1000 Internet address: www.tceq.state.tx.us pri t I r,n c kdpapzr u>in;_sur- l +as�J ink The Honorable Louis Rigby Page 2 cc: Mr. Stephen Smith, Manager, Water Section, Houston Regional Office, TCEQ Mr. Steve Gillett, Director of Public Works, City of La Porte, 2963 North 23rd Street, La Porte, Texas 7757 • Texas Commission on Environmental Quality AGREEMENT CITY OF LA PORTE RNio161o889 Enforcement Case No. 40688 Harris County, Texas The Texas Commission on Environmental Quality ( "Commission" or "TCEQ ") is the state agency charged with enforcing TEX. WATER CODE ch. 26 (the "Code ") and the regulations promulgated pursuant to the Code. The City of La Porte ( "the City ") owns and operates a wastewater collection system located in Harris County, Texas (the "System "). The City has reported seven unauthorized discharges totaling 90,276 gallons during the period between September 22, 2008 and November 6, 2009. The majority of these discharges were due to power failures, force main defects, and inflow and infiltration ( "I /I "). The City will be required to rehabilitate the System to insure a reduction of risk to the public health and the environment and to comply with Commission requirements. PROVISIONS In response to these deficiencies and in an effort to eliminate the potential threat to public health, the City and the Commission have entered into an Agreement. This Agreement formalizes the commitments made by the City in its letter to the TCEQ dated August 30, 2010 (see Attachment A). The provisions of this Agreement are as follows: 1. The Executive Director recognizes that the City has completed the projects indicated in the City's April 8, 2010, July 8, 2010, and October 7, 2010 Quarterly Reports. 2. Immediately upon the effective date of this Agreement, and on an annual basis thereafter, the City shall slipline 2,000 linear feet of pipe in each of the gravity sewer rehabilitation projects (Brookglen Gravity Sewer Rehabilitation project and Fairmont Park Gravity Sewer Rehabilitation project). 3. Immediately upon the effective date of this Agreement, and on an annual basis thereafter, the City shall rehabilitate loo vertical feet of pipe in each of the three manhole rehabilitation projects (Brookglen Manhole Rehabilitation project, Fairmont Park Manhole Rehabilitation project, and East La Porte Manhole Rehabilitation project). 4. Immediately upon the effective date of this Agreement, and on an annual basis thereafter, the City shall slipline 1,00o linear feet of pipe and complete 4o point repairs throughout the System. 5. Immediately upon the effective date of this Agreement, and on an annual basis thereafter, the City shall complete inspections of all grease traps throughout the System. 6. Immediately upon the effective date of this Agreement, and on an annual basis City of La Porte Agreement Page 2 inspections and cleaning of 2 thereafter, the City shall conduct p g 5,000 linear feet of pipe throughout the System and make repairs as needed. 7. Immediately upon the effective date of this Agreement, and on an annual basis thereafter, the City shall inspect 300 manholes throughout the System and rehabilitate as needed based on inspections. S. Immediately upon the effective date of this Agreement, and on an annual basis thereafter, the City shall smoke test 15,000 linear feet of pipe throughout the System and make repairs as needed. 9. Immediately upon the effective date of this Agreement, and on an annual basis thereafter, the City shall conduct flow monitoring of the System. This shall include the monitoring of lift station service areas. 10. By December 31, 2011, the City shall: a. Replace 2,500 linear feet of pipe located on McCabe Road in the Southeast La Porte service area; and b. Rehabilitate Lift Station Nos. 17 and zo in the Northwest La Porte service area. This shall include the upgrade of pumps and controls at each lift station. 11. By December 31, 2012, the City shall: a. Complete the Sens Road Utility Replacement Phase 1 rehabilitation project. This shall include the replacement of 8,000 linear feet of pipe in the Northwest La Porte service area; b. Replace 3,000 linear feet of pipe located on "E" Street West of North nth Street in the Area F service area; c. Install remote monitoring at Lift Station No. 1A in the Southeast La Porte service area; d. Rehabilitate Lift Station No. 10 in the Glen Meadows service area and Lift Station No. 37 in the Brookglen service area. This shall include the total rehabilitation of the lift stations as well as the sealing of the wet wells; and e. Install generator connections at seven priority lift stations throughout the System. 12. By December 31, 2014, the City shall: a. Replace 2,600 linear feet of force main located at Lift Station No. 39 in the Baymud service area; and City of La Porte Agreement Page 3 b. Rehabilitate Lift Station No. 3 in the Southeast La Porte service area. This shall include the total rehabilitation as well as the sealing of the wet well. 13. By December 31, 2015, the City shall: a. Complete the Sens Road Utility Replacement Phase 2 rehabilitation project. This shall include the replacement of 5,000 linear feet of pipe in the Northwest La Porte service area; and b. Construct a new Lift Station No. 6 in the Southeast La Porte service area. 14. By December 31, 2016, the City shall rehabilitate Lift Station No. 13 in. the Northwest La Porte service area. This shall include the total rehabilitation as well as the sealing of the wet well. 15. By December 31, 2017, the City shall complete the East La Porte Gravity Sewer Rehabilitation project. The City shall slipline 2,000 linear feet of pipe per year in 2015, 2016, and 2017 in the East La Porte service area. 16. By December 31, 2018, the City shall: a. Complete the Sens Road Utility Replacement Phase 3 rehabilitation project. This shall include the replacement of 8,100 linear feet of pipe in the Northwest La Porte service area; b. Complete the Big Island Slough Force Main Replacement project. This project shall include the replacement of 4,400 linear feet of pipe in the Fairmont Park service area; c. Rehabilitate Lift Station No. 14 in the Northwest La Porte service area. This shall include the total rehabilitation as well as the sealing of the wet well; and d. Conduct a lift station evaluation on five lift stations within the System. 17, By December 31, 2020, the City shall rehabilitate Lift Station No. 19 in the Northwest La Porte service area. This shall include the total rehabilitation as well as the sealing of the wet well. 18. The City shall evaluate the effectiveness of its corrective actions by utilizing and analyzing data from wet weather system surveys. Elements used in the system surveys shall include wastewater treatment plant flow rates, reports of sanitary sewer overflows ( "SSOs "), sewer complaints from residents, visual manhole inspections, lift station run times, and accurate rainfall data. 19. Within 90 days after the effective date of this Agreement, and on an annual basis City of La Porte Agreement Page 4 thereafter, the City shall submit a report to the Commission that contains information regarding the progress of the corrective actions contained in Provision Nos. 2 through 17. The reports shall include specific corrective actions that were completed during the reporting period, as well as any proposed corrective actions that were delayed or not completed, including explanations why the actions were delayed or not completed. 20. By March 31, 2021, the City shall submit a written Final Report that contains the following: a. A summary of all corrective actions that have been completed in accordance with the Provisions in this Agreement; b. A summary of all Provisions in this Agreement that were not completed, including reasons why specific corrective actions were delayed or not completed; and • c. A description of the overall improvement the corrective actions had on the System. 21. The Executive Director may grant an extension or modification to any provision of this Agreement upon a written and substantiated showing of good cause. All requests for extensions or modifications by the City shall be made in writing to the TCEQ. Extensions or modifications are not effective until the City receives written approval from the TCEQ. The determination of what constitutes good cause rests solely with the TCEQ. 22. The City shall submit copies of all correspondence, reports, and documentation required by Provision Nos. 2 through 21 to: Order Compliance Team Enforcement Division, MC 149A Texas Commission on Environmental Quality P.O. Box 13087 Austin, Texas 78711 -3087 with a copy to: Manager, Water Section Houston Regional Office Texas Commission on Environmental Quality 5425 Polk Avenue, Suite H Houston, Texas 77023 • ATTACHMENT A Contents Sanitary Sewer Overflow Outreach Initiative Finalized Corrective Action Plan • II CITY OF LA PORTE AGREEMENT City of La Porte Agreement Page 5 In return for the City's agreement and adherence to these terms, the Commission will withhold further enforcement actions related to the noted deficiencies. Should unforeseen circumstances indicate a need to alter the above mentioned schedule, the City must immediately notify the Commission so that an amendment can be discussed. The effective date of this Agreement is the signature date of the City's authorized representative. Acceptance of the terms of this Agreement is indicated by the signature below. I Au• zed repres . . tive of Date Ci ' • ' La Porte Printed name of authorized representative Title for City of La Porte Susan Joh n, Manager Date Enforceme t Division 1 1 Instructions: Send this signed, original Agreement to Jennifer Graves, Enforcement Division, MC R -15, Texas Commission on Environmental Quality, 1804 West Jefferson Avenue, Harlingen, Texas 78550 H REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 10. 2010 Bude:et Requested By: Don Pennell Source of Funds: Airport Department: Public Works Account Number: 010-7077 Report: Resolution: Ordinance Amount Budgeted 0 Exhibits: TxDOT Grant cover letter Amount Requested: $100,000 Exhibits: Grant Ae:reement Budgeted Item: No Exhibits SUMMARY & RECOMMENDATION The Texas Department of Transportation (TxDOT) Aviation Division has a reimbursable matching grant fund, Routine Airport Maintenance Program (RAMP), available to assist Municipalities in performing airport maintenance. Their participation is 50 percent (%) of the project or $50,000.00, whichever is less. City Staff has contacted the TxDOT Aviation Division about replacing deteriorated portions of the fence along Spencer Highway on the south side of the La Porte Municipal Airport and relocating it 20 feet to the north away from the roadway and TxDOT staff has determined that this project would be eligible for the RAMP grant funding. Relocating the fence would allow for future sidewalk or bike trail installation and make it less susceptible to being struck by a motor vehicle. Staff estimates the cost to relocate the deteriorated portions of the fence along Spencer Hwy. at $100,000 and $50,000 of the cost would be reimbursed by the TxDOT RAMP grant program per Attachment A of the agreement. Approximately $338,000 is available in the Airport Fund to finance the fence replace/relocate project. A budget amendment will be required to expend the $100,000. Staff recommends authorizing the RAMP grant agreement with TxDOT Aviation Division. Action Required bv Council: Approve reimbursable matching grant funding through the Texas Department of Transportation Aviation Division for the replacement of fencing along the south side of the La P e Municipal Airport. Authorize the City Manager to execute the grant agreement for fence acem nt with the Texas Department of Transportation Aviation Division. I Ie( It Date .".,..,"",..,..,,~~,~,~~=~~~~ '.,:~;;~:.,.:~,~:;;;:.~;;t.=a ,;;:~~~~~~~~:- I Texas Department of Transportation AVIATION DIVISION 125 E.11TH STREET. AUSTIN, TEXAS 78701-2483. 512/416-4500. FAX 512/416-4510 November 19,2010 Mr. Steve Gillett Public Works, City of La Porte P.O. Box 1115 La Porte, Texas 77572-1115 TxDOT Project No.: TxDOT CSJ No.: AM 2011LPRTE M112LPRTE Dear Mr. Gillett: Enclosed are several documents that must be completed by the City of La Porte in order to initiate the fiscal year 2011 routine maintenance grant for the La Porte Municipal Airport, TxDOT CSJ Number MI12LPRTE. Please review the instructions in this transmittal letter for completing the documents and return the accepted agreements as soon as possible. A notice to proceed for the work may not be issued until this grant is fully executed. We are most pleased to provide any assistance possible to help complete this project in a timely manner. Enclosed are two copies of the Grant for Routine Airport Maintenance Program between the City of La Porte, as airport sponsor, and the Texas Department of Transportation. The grant agreement contains four additional Certifications - Attachment A - Scope of Services, Certification of Airport Fund, Certification of State Single Audit Requirements, and Designation of Sponsor's Authorized Representative. Additionally, new audit requirements for TxDOT demand we receive either a copy of your State Single Audit or a letter explaining that City of La Porte was not required to perform the State Single Audit for the most recent audited fiscal year. If the audit was not required, please sign and return the enclosed letter when returning the signed grant. We request that you proceed as expeditiously as possible to execute the Agreement and complete the Certifications. It will be necessary for your attorney to endorse your acceptance of the Agreement to assure that it has been accepted in accordance with local laws. Both copies of the Agreement and Certifications should have original signatures for acceptance. Please return both copies of the ful~ signed and witnessed documents to the Texas Department of Transportation - Aviation Division, 125 E. 1 I Street, Austin, Texas 78701-2483. It is our understanding that the City of La Porte will procure the services required for the work as described on Attachment A of the Agreement and will request reimbursement for 50% of the actual eligible costs from the State. If you have questions concerning the enclosed documents, please contact me at 1-800- 687-4568. The Texas Department of Transportation looks forward to working with you on the maintenance work for your community's airport. Sincerely, ~~ Kari Campbell RAMP Grant Manager cc: Ba Trinh Enclosure TEXAS DEPARTMENT OF TRANSPORTATION GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM (State Assisted Airport Routine Maintenance) TxDOT Project No.: AM 2011LPRTE TxDOT CSJ No.: M1l2LPRTE Part I - Identification of the Project TO: The City of La Porte, Texas FROM: The State of Texas, acting through the Texas Department of Transportation This Grant is made between the Texas Department of Transportation, (hereinafter referred to as the "State"), on behalf of the State of Texas, and the City of La Porte, Texas, (hereinafter referred to as the "Sponsor"). This Grant Agreement is entered into between the State and Sponsor shown above, under the authority granted and in compliance with the provisions of the Transportation Code, Chapter 21. The project is for airport maintenance at the La Porte Municipal Airport. Part II - Offer of Financial Assistance 1. For the purposes of this Grant, the annual routine maintenance project cost, Amount A, is estimated as found on Attachment A, Scope of Services, attached hereto and made a part of this grant agreement. State fmancial assistance granted will be used solely and exclusively for airport maintenance and other incidental items as approved by the State. Actual work to be performed under this agreement is found on Attachment A, Scope of Services. State fmancial assistance, Amount B, will be for fifty percent (50%) of the eligible project costs for this project or $50,000.00, which ever is less, per fiscal year and subject to availability of state appropriations. The Sponsor may request the State to provide mowing services, services to be provided at the discretion of the State. However, mowing services will not be eligible for state fmancial assistance. Sponsor will be responsible for 100% of costs of any mowing services. Page 1 of 12 A VN430 l.DOC (8/2008) Scope of Services, Attachment A, of this Grant, may be amended, subject to availability of state funds, to include additional approved airport maintenance work. Scope amendments require submittal of an Amended Scope of Services, Attachment A. Services will not be accomplished by the State until receipt of Sponsor's share of project costs. Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. Work shall be accomplished by August 31, 2011, unless otherwise approved by the State. 2. The State shall determine fair and eligible project costs for work scope. Sponsor's share of estimated project costs, Amount C, shall be as found on Attachment A and any amendments. It is mutually understood and agreed that if, during the term of this agreement, the State determines that there is an overrun in the estimated annual routine maintenance costs, the State may increase the grant to cover the amount of the overrun within the above stated percentages and subject to the maximum amount of state funding. The State will not authorize expenditures in excess of the dollar amounts identified in this Agreement and any amendments, without the consent of the Sponsor. 3. Sponsor, by accepting this Grant certifies and, upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs. The Sponsor grants to the State the right to audit any books and records of the Sponsor to verify expended funds. Upon execution of this Agreement and written demand by the State, the Sponsor's fmancial obligation (Amount C) shall be due in cash and payable in full to the State. State may request the Sponsor's fmancial obligation in partial payments. Should the Sponsor fail to pay their obligation, either in whole or in part, within 30 days of written demand, the State may exercise its rights under Paragraph V-3. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity. The State shall reimburse or credit the Sponsor, at the fmancial closure of the project, any excess funds provided by the Sponsor which exceed Sponsor's share (Amount C). 4. The Sponsor specifically agrees that it shall pay any project costs which exceed the amount of fmancial participation agreed to by the State. It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State which are in excess of the percentage of fmancial assistance (Amount B) as stated in Paragraph II-I. Page 2 of 12 AVN4301.DOC (8/2008) 5. Scope of Services may be accomplished by State contracts or through local contracts of the Sponsor as determined appropriate by the State. All locally contracted work must be approved by the State for scope and reasonable cost. Reimbursement requests for locally contracted work shall be submitted on forms provided by the State and shall include copies of the invoices for materials or services. Payment shall be made for no more than 50% of allowable charges. The State will not participate in funding for force account work conducted by the Sponsor. 6. This Grant shall terminate upon completion of the scope of services. Part HI - Sponsor Responsibilities 1. In accepting this Grant, if applicable, the Sponsor guarantees that: a. it will, in the operation of the facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State in connection with this Grant; and b. the Airport or navigational facility which is the subject of this Grant shall be controlled by the Sponsor for a period of at least 20 years; and c. consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without discrimination between such types, kinds and classes and shall provide adequate public access during the period of this Grant; and d. it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and e. it shall not enter into any agreement nor permit any aircraft to gain direct ground access to the sponsor's airport from private property adjacent to or in the immediate area of the airport. Further, Sponsor shall not allow aircraft direct ground access to private property. Sponsor shall be subject to this prohibition, commonly known as a "through-the-fence operation," unless an exception is granted in writing by the State due to extreme circumstances; and f. it shall not permit non-aeronautical use of airport facilities without prior approval of the State; and g. the Sponsor shall submit to the State annual statements of airport revenues and Page 3 of 12 A VN4301.DOC (8/2008) expenses when requested; and h. all fees collected for the use of the airport shall be reasonable and nondiscriminatory. The proceeds from such fees shall be used solely for the development, operation and maintenance of the airport or navigational facility; and 1. an Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund, shall be submitted to the State. The fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. All fees, charges, rents, and money from any source derived from airport operations must be deposited in the Airport Fund and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport purposes. Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph; and J. the Sponsor shall operate runway lighting at least at low intensity from sunset to sunrise; and k. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Loc. Govt. Code Ann. Sections 241.001 et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation easements or other property interests in or rights to use of land or airspace, unless sponsor can show that acquisition and retention of such interest will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State. 2. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the State's agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement. The Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting claim or liabilities which might be imposed on the State as the result of those activities by the Sponsor, the Sponsor's agents or employees. Page 4 of 12 A VN430l.DOC (812008) 3. The Sponsor's acceptance of this Offer and ratification and adoption of this Grant shall be evidenced by execution of this Grant by the Sponsor. The Grant shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. If it becomes unreasonable or impractical to complete the project, the State may void this agreement and release the Sponsor from any further obligation of project costs. 4. Upon entering into this Grant, Sponsor agrees to name an individual, as the Sponsor's Authorized Representative, who shall be the State's contact with regard to this project. The Representative shall receive all correspondence and documents associated with this grant and shall make or shall acquire approvals and disapprovals for this grant as required on behalf of the Sponsor, and coordinate schedule for work items as required. 5. By the acceptance of grant funds for the maintenance of eligible airport buildings, the Sponsor certifies that the buildings are owned by the Sponsor. The buildings may be leased but if the lease agreement specifies that the lessee is responsible for the upkeep and repairs of the building no state funds shall be used for that purpose. 6. Sponsor shall request reimbursement of eligible project costs on forms provided by the State. All reimbursement requests are required to include a copy of the invoices for the materials or services. The reimbursement request will be submitted no more than once a month. 7. The Sponsor's acceptance of this Agreement shall comprise a Grant Agreement, as provided by the Transportation Code, Chapter 21, constituting the contractual obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the airport maintenance and compliance with the assurances and conditions as provided. Such Grant Agreement shall become effective upon the State's written Notice to Proceed issued following execution of this agreement. Page 5 of 12 AVN4301.DOC (8/2008) PART IV - Nomination of the Agent 1. The Sponsor designates the State as the party to receive a,hd disburse all funds used, or to be used, in payment of the costs of the project, or in reimbursement to either of the parties for costs incurred. 2. The State shall, for all purposes in connection with the iProject identified above, be the Agent of the Sponsor. The Sponsor grants the State a poter of attorney to act as its agent to perform the following services: . a. accept, receive, and deposit with the State anYI and all project funds granted, allowed, and paid or made available by the Spobsor, the State of Texas, or any other entity; b. enter into contracts as necessary for execution of scope of services; c. if State enters into a contract as Agent: exercise !supervision and direction of the project work as the State reasonably finds appropriate. Where there is an irreconcilable conflict or difference of opinioq., judgment, order or direction between the State and the Sponsor or any servic~ provider, the State shall issue a written order which shall prevail and be controlling; d. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with the State a~proved contracts; e. obtain an audit_as may be required by state regulations; the State Auditor may conduct an audit or investigation of any entitr receiving funds from TxDOT directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this cop-tract or indirectly through a subcontract under this contract acts as acceptartce of the authority of the State Auditor, under the direction of the legislative aud;it committee, to conduct an audit or investigation in connection with those funds. f\n entity that is the subject of an audit or investigation must provide the sta* auditor with access to any information the state auditor considers relevant t~ the investigation or audit. f. reimburse sponsor for approved contract maintep.ance costs no more than once a month. PART V - Recitals 1. This Grant is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third party. Page 6 of 12 A VN4301.DOC (8/2008) 2. It is the intent of this grant to not supplant local funds normally utilized for airport maintenance, and that any state fmancial assistance offered under this grant be in addition to those local funds normally dedicated for airport maintenance. 3. This Grant is subject to the applicable provisions of the Transportation Code, Chapters 21 and 22, and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. Sections 241.001 et seq. (Vernon and Vernon Supp.). Failure to comply with the terms of this Grant or with the rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below. a. Of primary importance to the State is compliance with the terms and conditions of this Grant. If, however, after all reasonable attempts to require compliance have failed, the State finds that the Sponsor is unwilling and/or unable to comply with any of the terms of this Grant, the State, may pursue any of the following remedies: (1) require a refund of any fmancial assistance money expended pursuant to this Grant, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any fmancial assistance money expended on the project pursuant to this Grant, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Grant null and void, or (5) any other remedy available at law or in equity. b. Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Grant, or for enforcement of any of the provisions of this Grant, is specifically set by Grant of the parties in Travis County, Texas. 4. The State reserves the right to amend or withdraw this Grant at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended by the State. 5. This Grant constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. 6. All commitments by the Sponsor and the State are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including Sections 5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. Page 7 of 12 A VN430l.DOC (8/2008) Part VI - Acceptances Sponsor The City of La Porte, Texas, does ratify and adopt all statements, representations, warranties, covenants, agreements, and all terms and conditions of this Grant. Executed this day of Witness Signature Witness Title Certificate of Attorney I, , acting as attorney for , Texas, do certify that I have fully examined the Grant and the proceedings taken by the Sponsor relating to the acceptance of the Grant, and fmd that the manner of acceptance and execution of the Grant by the Sponsor, is in accordance with the laws of the State of Texas. Dated at , Texas, this day of ,20_. Witness Signature Attorney's Signature Witness Title Page 8 of 12 A VN430l.DOC (8/2008) Acceptance of the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By: Date: Page 9 of 12 AVN4301.DOC (8/2008) Attachment A Scope of Services TxDOT CSJ No.:M112LPRTE PAVEMENTS GENERAL MAINTENANCE PAVEMENT MARKINGS GRADINGIDRAINAGE MISCELLANEOUS $0.00 $0.00 $0.00 $0.00 $100,000.00 $0.00 $0.00 $0.00 $0.00 $50,000.00 $0.00 $0.00 $0.00 $0.00 $50,000.00 Total $50,000.00 $50,000.00 Signature Title: C ;~ ~AJJ~8"" Date:~ Notes: (explanations of any specifications or variances as needed for above scope items) MISCELLANEOUS - Sponsor to contract for design and replacement of fencing and associated work. Other projects to be determined and added bv amendment. Only work items as described in Attachment A, Scope of Services of this Grant are reimbursable under this grant. Page 10 of 12 A VN4301.DOC (8/2008) CERTIFICATION OF AIRPORT FUND TxDOT CSJ No.: M112LPRTE The City of La Porte does certify that an Airport Fund has been established for the Sponsor, and that all fees, charges, rents, and money from any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport purposes. The fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. By: Title: CJ, t1w t(,. /" Date: (7 <"Z ./ State of Texas Single Audit Requiremeuts I, .i AI I Jf> 'ft.",,- ~ , do certify that the City ofLa Porte will comply with all (Designated Representative) requirements of the State of Texas Single Audit Act if the city/county spends or receives more than $500,000 in any funding sources during this fiscal year. And in following those requirements, the City of La Porte will submit the report udit division of the Texas Department of Transportation. If your entity did not m the thres old of $500,000.00 in grant expenditures, please submit a letter indicating that )J ur entity' ot require to have a State Single Audit performed for the most recent audited fi cal ye / -CJ: S~UlleV" 7/ Title~ , III /, Date Page 11 of12 A VN430 I.DOC (8/2008) DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE TxDOTCSJNumber: M1l2LPR~ / ~ The City of La Porte designates, \",.) ?do ~M.S . c- IA JO/' (Name, Title as the Sponsor's authorized representative, who shall receive all correspondence and documents associated with this grant and who shall make or shall acquire approvals and disapprovals for this grant as required on behalf of the Sponsor. By: S J ~ n,y t (,. ! t Title: Date: TPIN: Address: DESIGNATED REPRESENTATIVE Mailing Address: Overnight Mailing Address: Telephone/Fax Number: Email address: Page 12 of 12 A VN430 1. DOC (8/2008) 7 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 10. 2011 Appropriation Requested By: nOnll1tl T ,1Idd Source of Funds: N/A Department: Fire Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Amount Requested: Exhibits: Ordinance Budgeted Item Exhibits: Exhibits: SUMMARY & RECOMMENDATION On December 13, 2010 City Council directed staff to move forward with the creation of a Board consisting of seven people to serve as temporary directors of the La Porte Fire Control, Prevention, and Emergency Medical Service District. \ Action Required bv Council: Approve an ordinance of the Fire Department for the creation of a Board consisting of seven people to serve as temporary directors of the La Porte Fire Control, Prevention, and Emergency Medical Service District. lief!, Date ORDXHAHCB NO. 2011-3313 AN ORDXRANCB APPOXNTXNG SBVEN (7) PBRSONS TO SBRVE AS TBHPORARY D:I:RBCTORS 01' THB LA PORTE PXRB CONTROL, PREVBNT:I:ON, AND DBRGBNCY KBD:I:CAL SERVXCBS DXSTR:I:CT, PROV:I:DING POR AN ORGAN:I:ZATIONAL KBBTING OF THB TEMPORARY BOARD, AND BLBCTI:ON O~ ONS O~ ITS KBKBBRS AS PRBSI:DXHG OF~XCBR O~ THB BOARD, FI:NDING COMPLIANCB WITH THB OPBN KBBTXHGS LAW, AND PROVI:DI:NG AN BFFBCTI:VB DATB HERBO~. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte has heretofore proposed the creation of the La Porte Fire Control, Prevention, and Emergency Medical Services District under Chapter 344, Texas Local Government Code. Section 2. The City Council of the City of La Porte hereby appoints the following seven (7) persons, all of whom reside in the proposed district, which is the boundaries of the City of La Porte, to serve as temporary directors of the La Porte Fire Control, Prevention, and Emergency Services District, to-wit: Dottie Kaminski Robert Eldridge Danny campise Thomas Dye III Johnny Jones Paul R. Hickenbottom Rick A. Guzman A temporary director shall serve until his successor has been duly appointed and qualified. Section 3. Not later than the 75th day after December 13, 2010, the date the City Council of the City of La Porte proposed to create the district, the temporary board shall conduct a meeting to organize the board. The temporary directors shall elect one of its members as presiding officer of the board at that meeting. A temporary director other than the presiding officer may designate another person to serve in the director's place. The City Council of the City of La Porte shall fill a vacancy in the office of the temporary director in the same manner that it originally filled the vacant position. 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 loth day of January, 2011. By: ATTEST: 1!i4f!l.LG~~ City Secretary 2 8 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: January 10, 2011 Source of Funds: GEN 957 Requested By: Tim Tietiens Account Number: 015- 9892 - 957 -1100 Department: Planning Amount Budgeted: $1,000,000 Report: X Resolution: _Ordinance: _ Amount Requested: $49,500 Exhibit: Proposal to perform additional engineering Budgeted Item: X YES NO design services. Exhibit: Map of approved and proposed underground drainage paths SUMMARY City Council previously authorized Klotz and Associates to design solutions for several subdivisions where severe storm impacts exceeded the drainage outflow capacity. The resulting solutions were proposed as a mix of five flume /sheet flow projects and four underground relief projects. On October 25, 2010 City Council opted to reject bids for the projects in favor of the less obtrusive underground design for all nine projects. While the city had obtained approval from Harris County Flood Control District (HCFCD) for the increased runoff impact as originally designed, there was concern that additional underground systems would require an impact analysis and storm water mitigation. The Planning Department met with HCFCD in November, and was advised that no such analysis or mitigation would be necessary. Therefore it is possible to go directly to design for the underground drainage improvements. The previously authorized proposal was for design, bidding and construction phases services, however since the city did not utilize the construction phase services, that portion ($10,600) will be voided from the previous proposal. The new proposal includes redesign services for the five new underground projects as well as bidding and construction phase services for all nine projects for a total sum of $49,500. Action Required by Council: Authorize the City Manger to execute an agreement with Klotz and Associates for additional design services and to reauthorize the bidding and construction phase services to the Sheet Flow /Underground Relief Project at a cost not to exceed $49,500. Duro r Ci until Agenda 7 Ron Bottoms, City Manager Date klotzellassociates 1 1 60 Dairy Ashford, Suite 500 Houston, Texas 77079 T 281.589.7257 F 281.589.7309 houston.office @klotz.com November 30, 2010 Mr. Ron Bottoms City Manager City of La Porte 604 West Fairmont Parkway La Porte, Texas 77571 Re: Proposed Additional Services for the Work for the Sheet Flow Relief Structures Project Klotz Associates Project No. 0127.009.000 Dear Mr. Bottoms: Submitted herein is a proposal for additional professional engineering services for redesigning the five (5) sheet flow swales (C -10, C -1 1, C -12, C -13 and C -16) with the remaining proposed underground improvements to be included as is. Limited construction phase services proposed here will replace the limited construction phase services from the original agreement. This proposal is an addendum to the work authorized by the City, February 6, 2009, This addendum revises the original scope of services by redesigning the sheet flow swales and preparing a bid set with bid phase services and construction phase services. The construction phase services in the amount of $10,600.00 from the original contract will be voided. Additionally, Klotz Associates, Inc will assist staff by preparing photo -based exhibits of the five (5) swale locations for underground solutions. This scope addition resulted from the City Council meeting on October 25, 2010. BACKGROUND On January 30, 2009, the City of LaPorte engaged Klotz Associates to perform the evaluation of the existing conditions, hydraulic engineering and analysis of proposed sheet flow improvements to be constructed in the Fairmont Park East, Brookglen, Creekmont and Fairmont Park West Subdivisions. Klotz Associates prepared drawings based on the evaluation and design of the sheet flow relief structures for bid on June 17, 2010 and subsequent re -bid on September 22, 2010. City Council rejected the bid and directed staff to offer a design that does not include the five (5) swales. celebrating 'Z-` years of engineering excellence klotz4l) associates Mr. Ron Bottoms November 30, 2010 Page 2 of 4 SCOPE OF SERVICES A. Basic Services 1. Assist staff in preparation for homeowner discussion by determining underground options considering aesthetics and hydraulic capacity and prepare five (5) photo based exhibits of the preferred method at each of the locations (C -10, C -11, C -12, C -13, C -16). City staff will perform all negotiations with property owners and obtain approval. 2. Strikethrough the five (5) sheet flow structures and retain the remaining four (4) underground systems as is with no changes. 3. Provide 50% design concept for City review of the subsurface extreme event systems for the five (5) locations based on discussions with City staff, aesthetics, and impact to residents. 4. Redesign and prepare additional sheets for the five (5) locations for a subsurface extreme event system. It is anticipated that 100 -year storm event capacity will not be achieved in all of the underground designs. The design will include discussion with general contractors and boring subcontractors to determine suitable underground solutions and minimal impact to affected residents. 5. Other modifications to the drawings, Project Manual and Engineer's Opinion of Cost will be performed to include the additional sheets. It is anticipated that the City will change the name of the project which will be reflected in all revised bidding documents. 6. Impact analysis and calculations to HCFCD are not included in this additional scope of work. This scope includes preliminary drawing submissions to HCFCD staff for review and concurrence followed by final submittal and subsequent revisions for plan approval by HCFCD. 7. Attend one (1) City Council meeting to support staff in the presentation of the final design. B. Bid Phase Services 1. Send copies of bid documents to local bid information services (digital copies only). 2. Manage sale of bid documents to prospective bidders and maintain a bidders list. The scope includes printing and distribution of bid sets (including reproduction expenses). Bidders are responsible for pick up and delivery of bid sets as directed by the City. 3. Conduct, and/or participate in a pre -bid conference for prospective bidders 4. Answer questions of bidders and suppliers during the bid preparation period 5. Post addenda to drawings and project manual and issue addenda, as required 6. Attend bid opening. 7. Check bids for errors, responsiveness and tabulate results klotzlIlassociates Mr. Ron Bottoms November 30, 2010 Page 3 of 4 8. Review the qualifications of the apparent low bidder if unknown 9. Issue a recommendation for award. 10. Send contract documents to Contractor and City for signatures. City will send signed contract to the Contractor. C. Construction Phase Services 1. Conduct, and /or participate in the preconstruction meeting 2. Receive, review and forward monthly pay requests with recommendation to City of La Porte 3. Review of Contractor Submittals, including shop drawings & concrete mix designs. 4. Respond to contractor's requests for information (RFIs) by phone and email 5. Address change order requests. 6. Construction schedule is estimated to be six (6) months. Klotz Associates will prepare monthly status reports included with invoicing each month which will include action items and percent complete from City for contractor's pay request. The City will provide day -to -day inspections of construction for regulatory compliance and percent complete estimates. 7. Conduct one (1) inspection at substantial completion; prepare punch list and one (1) final inspection. Contractor is responsible for submitting to HCFCD Permits, Notification of Substantial Completion, in writing. 8. Contractor is responsible for maintaining record drawings for submittal after construction. 9. Provide record drawings based on contractor markups with one hard copy and one electronic copy on CD. TERMS Klotz Associates proposes the performance of this work on a lump sum basis with three (3) tasks in accordance with the terms of the original Letter of Agreement for Consulting Services part of the Work Authorization on February 9, 2010 for the amount listed below: Basic Services $ 27,500.00 Bid Phase Services $ 6,500.00 Construction Phase Services $ 15,500.00 Total $ 49,500.00 klotz11)associates Mr. Ron Bottoms November 30, 2010 Page 4 of 4 CLOSING All terms and conditions remain in place as per our prior Letter of Agreement authorized February 6, 2009. If this proposal meets with your approval, please sign below and return one (1) original to Klotz Associates. Thank you for considering Klotz Associates, Inc. for these community improvements for the City of La Porte, Texas. Please do not hesitate to contact S - : yington or me with questions or if you would like to discuss this addendum. Sincerely, Accepte for the City of La Porte frk t Steve Stacy, P.E. Department Manager Sig Date SS:ng %S5144 d.16$ Printed Name N PROPOSED DRAINAGE FLUME LOCATIONS ,,4 std as � r , Gtr , t, ,:_„;.,,,. !,,,,,,,,:""I'''': _Cx ms , 4 , ::. ,.. ;,:,,:..,,.!.._:,..,,,,, ...: ,,.„, . „,,,..-,,, ,. ...,,,,,,,...,,,;:,,,,,,,.,,,,_.,,,,,,- :„.:.,_,, _-_,-.,.--, _:.,- - ,..:_.,,,...,;,,_,. ,75. -.....,,,,,,,,,..,,,.. ,,,,, ,,,,,>,.,_,;-,s. -,_: ,,..,-..,,,--„,„!:,,,,,:„.,,,_:-,,..?:..,,, ..:,„,,,,,.,_.,.. fF ..,. ,,,,,. :-Ts.-- - -J '''''''''''''' ' : , ,, -:::::,,,,, ,,,,,,,',,,,:, - ,,,'„,- ,,; '''*::,' ' 1 = " ''''''' I -: : - ,1 , r: - : _:.::: , - ,.,„,,,:, ,;,-' ;,'-,: ;- C 1,:q ''',',-,'---''''' ''-''-'4 ' '' - - ' ':- .'''' '',-.'-:- -,::';''--=:, '. -',';'''' ha N,1F ti „ ® �. w , n , v LEGEND ORI GINAL UNDERGROUND DESIGN (APPROVED BY HCFCD) ,,,, .: . PRO POSED UNDERGROUND DESIGN ,:.., January 10, 2011 (MUST BE APPROVED BY HCFCD) 9 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: January 10.2011 Source of Funds: GEN 957 \ Requested By: Tim Tietiens Account Number: 015-9892-957-1100 Department: Planninl! Amount Budgeted: $1.000.000 Report: ..L.Resolution: _Ordinance:_ Amount Requested: $14.000 Exhibits: Proposal to perform additional engineering desil!n services. Budgeted Item: ...L- YES _NO Exhibits: Map of proposed detention pond facilities '" SUMMARY City Council previously authorized Klotz and Associates to design two detention pond facilities to help mitigate drainage accumulation in the Brookglen area. The two detention facilities have been designed by Klotz and both have submitted for approval by Harris County Flood Control District. The detention facilities were designed to collect from the adjacent street and sheet flow into the ponds via flumes. In the design review process, survey information revealed that the ponds could be even more effective if drainage extensions were also added to collect the nearby low points of the streets thereby further reducing that depth of street ponding by approximately 15 inches. Klotz and Associates has submitted a proposal for additional design in the amount of $14,000 lump sum, to further improve the effectiveness of the Brookglen detention facilities. (Bidding and construction services remain included in current agreement. ) Action Required bv Council: Authorize the City Manger to execute an agreement with Klotz and Associates for additional design to Brookglen Detention at a cost not to exceed $14,000. Ron Bottoms, City Manager I /cr /t Date k lot z 4~_ ass 0 cia t e s 1160 Dairy Ashford, Suite 500 Houston, Texas 77079 T 281.5897257 F 281 589.7309 hcuston.officp,@kb17 corn November 4, 20 I 0 Mr. Ron Bottoms City Manager City of La Porte 604 West Fairmant Parhvay La Porte, Texas 77571 Re: Proposed Additional Services for the Work on the Brookglen Detention Ponds Klotz Associates Project No. 0127.013.000 Dear \11'. Bottoms: Submitted herein is a proposal for additional professional engineering services to revise the existing drawings and design to include new storm sewer up to the intel'sections for ponds D2 ar'td 03. Refer to attached Exhibit A. This scope addition resulted from a meeting with City staff at their request on October 18,2010. BACKGROUND On November 12, 2009, the City of LaPOlie engaged Klotz Associates to perform the drainage analysis, final design and limited construction phase services fDr the 3 Detention Pond Designs for Bl12 channel relief The project was at the approximately 90 percent completion phase when staff directed Klotz Associates to put the project on a temporary hold while they completed some additional reconnaissance and evaluation related to the project The result ofttis additional evaluation resulted in this request to provide a proposal to expand the project scope, which includes the extension of storm sewer to the existing inlets at Bandridge and Somerton and storm sewer extension to existing inlets at AsJnvyn and ~omertoi1. Additionally staff requested that this project include another pond designed in~house by staff to be bid as a single project. The project \vas in the review stage at Harris County Flood Control (HCrCD). Construction plan approval will require acceptance by HepeD to begin the abandonment process on an easement adjacent to the flood control at the location of 03. PROVIDED BY CITY The following items <.:Ire to be provided by the City in order to perform the Work: . City is to provide survey. It is assumed that this data will be in .d\vg tDrmat line drawing topogJ"aphy and a point tilc ofra\v points. . A copy of the letter to John Joerns from HCFCD regarding the easement abandonment process. Easement abandonment coordination will be the responsibility of the City. celebratmg ~ years 01 engineering excellence k lot z .~. ass 0 cia t e s Mr. Ron Bottoms November 4, 2010 Page 20f2 . Timely review of the Work. . Participation in HCFCD meetings as necessary to obtain approvals. . Sealed drawings of in-house designed pond will not be included in this bid package. . Quantities for the City-designed pond based on existing bid items. . Geotechnical evaluations are not included as part ofthi5 work. SCOPE OF SERVICES Klotz Associates proposes to perform the following: .. Minor drafting revisions to City provided topography. Ill- Two (2) additional plan and profile sheets showing the storm sewer extension. . The Drainage Report will be revised to include the additional drainage area ,md resubmitted to HCFCD for their review and approval. . Revise current drawings to include changes. .. Submit drav.ings to f-TCFCD for construction plan approval. .. Resubmit drawings to private utilities for review and approval. .. Update cost estimate to include all revisions. TERivrs Klotz Associates proposes the perfomlance of this work on a lump SLIm basis in accordance with the terms of the original Letter of Agreement for Consulting Services part or the Work Authorization on November 12,2009 for a lump sum fee of$14,000.00. CLOSING All terms and conditions remain in place as per our prior Letter of Agreement. If this proposal meets v.,rith your approval, please sign below and return one (l) original to Klotz Associates. Thank you for considering Klotz Associates for these community improvements for the City of La Porte, Texas. Please do not hesitate to contact Steve Byington or me \vith questions or if you would like to discuss this addendum. SS:ng a Porte, Texas Sincerely, .~~ ,f.t5r Steve Stacy, P.E. Department Manager <;'Z , f Date { cJ~~_~,_~.._..__ Printed Name ~ !/ ~ EXHIBIT A f :'.'IfC,. ) r------ .i Saller Point frD . / A Storm Sewer Sym Wl,sting y stem OAKIiP.VEN RD o OJ a: j w ::; IIIF/._......_./" ...... /' J _"Df.. oJ' .,;J-,6><- i I i . I . I { """,'P'i'-odl-"'" 'P~'" FI\IRBROOK L"I 0: '" Z P ~ 2 I I . I ..~' ---.::".." " i ~ . ~" ! ~ l~ r....-.......-.-.- I --.-.-. I I f i f I / .I '''\, 0: co 15 o 0: " '" t' !'='~~'~, fJ .€c"", Vf!NlIo / ~ '" ~ { " ... "'.s" Jvy~ /'('" I ; ,/ .I I ;' i \ i i / i i i g ... .8 [5 ?! ,-~ Il.q'l.'h- . 0",,, S Cl "'000 0"1110 'C', fAIRBROOK LN OAK HAVEN RD g ~ " II: S' e I1cD- ue.~r. O"<C', KENS!NGTON C I tiU>I1:RSFIElD LN VENTIJRE eN if a ff' ~ Ii '" ORCHARO L"I '" ~ ~ z " (~~. '--T "'- -- , ( I , I I " ','__ ,LL; ~N : I: Y- . .. . , ,I W .' s: '. l - J__L I~ 8ifJ' . S L_ ! - I -r '\ -T~'. I dT--'TM'-rT- '"r-'--" r'~'--"-- BROOKGLEN SUBDIVISION - PROPOSED DETENTION FACILITIES (as designed by Klotz & Associates) 1---- !-...-r...,-T-.--T--I----r-.-"~__'w._T-..~'.~ 11'[: 'J! I ! i ' I ! i I LJ 1 I j_LLLLLL_~ i ..._..---_..-._---~----~ /~~~~'.:{.~ 1-.... . ,I l f~~ I / F:1<1 f----- . ~ -" 7'""~~~=:.i-/"-~-"---~~ r----.. ~/ \\ I / / / l~... i/\\ / >.---1..... 'J I I (I 'j' -->. .- ~-_. ":~(~~.r-~~:~~..J t"'-":f:"~( 2,C L______.._..m_~- 1'_. ( .--,....., 1:<: I L--_~/~:.- / l J ("~~~~iVii...il fl.-.- ! :; ----~_.~.l,_ I L {"-_........ (tv ".. C/) I t::~~~..~ ~-.- /.~:~ //>=I~: L 1 /-. (""/ / J /':'::'J" /-.~=/ / f'I-1 i '1' "" . , J.... .' /-', I , I j ""'--... I . ..."'---~ .!~"-i '\ I I /.........Z.,.. . l-... "/ )., OAKHAVEN RD -. 1- r 1- -i~<"-- '... -- /"-.,-.~~.~ -..../ ! T-r- --r ill I I j ~.... ; I.......),' I! I I I I l ~'/'/ / ~._L.~_L__ ,L~_-'--~~/ }_..~~:~:~- 1/=';-'-;--\ I I -----, /! T /' . , .' ", '>'. \ 1J ' / t. ,J I J .........._~. .I ,_ > 1 I ~ / , / I "'. l.! i i.. "~I' 'y\.-' ---- e / / i /'f::",U::t::-llTTn r/ ;. / / j ......"i /--<.~ . ~--{, ! I I 1 / "\"..' ".....~ /'. !' Til' , , ... /f \\, -'r ,.<.. /'--"" .)'.,.. ~:..j lr I I ' ! J ..".... k I, \ , , I f1:r-.~ _.. !C'DGt---~- .c._.L_..,~ " r ~ l .. (;...-~ / 'Q,L ........ -J ---...._-- 1,~""OtvE: ) '.. '...J' i I ". -. '. ! ifl ''', ,.... - I " ~ C~"'T-"'" .;--,. I . 1:'<, -,.1 J.:... / -....../ ....--/ I I ~ I ! j ._~, r............""-~_/ I ,/.';-"1 --. $,J--.........., ___ }.-- .... ,I i ( : ~ ! i \, fl.....,' j r<....f../:~,/~i~.~~:,:./:..=.~?' L7J.LjrljrTJ":/ " I J }~I! i i. '7.. '7 ---.-. __.1 "'\ . . /",....f'VOO;</_,I / '. -...j ......... / t...,;-_..c,.... ~E"!..8!~GTON CT )- / ; / /A?-./~~/;,l-c/'...,J'.....-.J / / I r TI I T(\, I / i' / i ( i ''''. <">. I r'i ~~,J, \ f"/ 0Il/:j;/ (LLLLLLLL1 Ii I' r . t' DAKHAVEN RD !/ -.....~("--<,-L_.l ...-- ..~ ,/\ - ----Jj /// i..... <I - .1 // j ! ---.f::: ~~:~~;~~~sti~~r..7~.- / i ~'1--'--_-----1"'.L_. ~~.-..../ -------...~--- J . i --_"._ III / --.. J. ! z' . ~"'"*4'~ ~/ '!/'"et .. II "'ii' .1 .. i ')'1 '......,~ i , i i !.._.----------./ , / .. I I I . I . J / ," i 'i, ~ \ I . \ \, '. \ January 10, 2011 , , '-......-.--....----.\ 10 December 21, 2010 We respectfully request the following item be placed on the January 10, 2011 City Council Agenda. Discuss the future purchase of the Virginia Street Property -lots located behind the Alamo Building and provide staff with direction. Discuss previous Memorandum of Understanding with regards to purchase of Virginia Street Property- lots located behind the Alamo Building and provide staff with direction. Discuss potential loan to developer to purchase Virginia Street Property -lots located behind the AlamQr Building for resale to the City of La Porte and provide staff with direction. Tommy Moser :)~~ John Zemanek /Jk~ a skins & askins P.c. ATIORNEYS and COUNSELORS Knox W. Askins Clark T. Askins December 28, 2010 Hon. Mayor & city Council City of La Porte City Hall La porte, Texas Re: Workshop Agenda Item on January 10, 2011, To Discuss Purchase of Virginia street Lots Gentlemen: On september 10, 2008, the City of La Porte Development Corporation entered into a Memorandum of Understanding, with East A Develop- ments, LP, and La Porte 5 Points Properties, LP. A copy of the Memorandum of Understanding is attached to this letter. The Memorandum of Understanding was approved by the Board of Directors of the City of La Porte Development Corporation, and by the city Council of the City of La Porte. Paragraph 4 of the non-binding Memorandum of Understanding provides that the City of La Porte Development Corporation will take an assignment of the Developer's property on Virginia Street. These properties consist of the Binkley property, which is all of Lots 14, 15, 16, and 17, of Block 198, Town of La Porte, Harris County, Texas, for a purchase price of $25,000.00, and the Speer property, which is Lots 18, 19, and 20, of Block 198, Town of La Porte, Harris County, Texas, for a purchase price of $30,000.00. Mr. Benjamin Miller, attorney for the Developer, has advised me that the Binkley property closing will be scheduled as soon as the owner completes its title curative work. The Memorandum of Understanding provides that typical fees and costs associated with the real estate transactions will be paid by each party accordingly. Ron Bottoms, City Manager, advised City Council in a recent email, that the City of La Porte Development Corporation will not close these purchases without first securing further authorization from the city of La Porte Development Corporation, and City Council. stacey Osborne, Economic Development Coordinator, has been contacted by a representative of the Speer family, proposing to sell its lots on virginia Street, which are under contract with Garson Silvers for $30,000.00, direct to the City of La Porte for $50,000.00. 702 W. Fairmont Parkway, P.O. Box 1218. La Porte, TX 77572.1218 281.471.1887 phone. 281.471.2047 fax . lmoxaskinS@comcast.net . ctaskins@swbell.net Hon. Mayor & City Council December 28, 2010 page 2 Benjamin Miller, attorney for Garson Silvers, has represented to the City that Mr. Silvers' purchase contracts with the Binkley and Speer families have been extended, and remain in full force and effect. The issue of whether to purchase the virginia Street lots is a policy decision for the City of La Porte Development corporation Board, and the City Council. The closing of the purchase of the lots has been seriously delayed, due to title problems. Please give staff direction at the January 10, 2011, meeting, as to whether City Council wishes to proceed with the purchase of these lots. Yours very truly, ~ Knox W. Askins City Attorney City of La Porte KWA: sw Attachment cc: Mr. Ron Bottoms City Manager city of La Porte Ms. stacey Osborne Economic Development Coordinator City of La Porte Mr. Clark T. Askins Assistant City Attorney City of La Porte ~ ~d Memorandum of Understanding This Memorandum of Understanding (this "MOU") made by and entered into this/6ft... day of September, 2008 (the "Effective Data) between the: La Porte Development Corporation, a non-profit corporation organized under the laws of the State of Texas hereinafter (the "Board"), East A Developments, lP, a Texas limited partnership ("East AI. and La Porte 5 Points Properties, LP., a Texas limited partnership ("LP5PP'). East A and LP5PP are collectively referred to as the "Developer', whether one or many. The terms acceptable to both Parties to begin the First Phase of the Town Plaz.a Project are as follows: ,/ In consideration for title to the property described as 0.3297 acres of vacant land cG>mmonly known- as the "'friangle Property" ,the Board agrees to -pay' the Developer the som of $150;000. The Board further .agrees thaHhe.. property. is sold "as-is" and wil1 be responsible for the removal of the undergro.rmd-storag:e tanks at the Boards expense. typical fees..-and costs associated with the real estate transactions wilt be paid by each party accordingly. The Board also agrees to fake the Developer assignment of the property located at 0 Virginia street with the _understanding that the approximate GOsts for the pr.operty at elosing witt be $55,000. Typical fees and. -casts associated with. ilie real estate transactions will-be paid by each party accordingly.. Both Parties acknowledge that a parking covenant between the Board and the Developer will be included in a future Development Agreement with Conditions, Covenants and Restrictions (CCR's) for the property located at 0 Virginia Street. Those conditions will be with the understanding that the Developer shall have the option to build a parking garage upon the property in conjunction with his proposed office complex. Further that the Board shall negotiate in good faith as to their respective pro- rata share of costs for the garage, if any. However, both parties also acknowledge that the adjacent office complex will require the majority of the parking and therefore, the Board participation will be substantially less than the Developer participation. The Board agrees te-Iease the building at 117 San Jacinto at a rate of $1.00/sq. ft, not to exceed $5,200/mo/nnn for a period of 36 months with subsequent renewal options. The parties also agree thatthe lease can be sublet to a tenant of the Boards choosing. A final lease- agreement must receive aIr necessary. approvals and be executed by all parties... befOre the clositlg of the TriangJe Property. The parties further agree that the Devefeper wilf be responsible for fiflaJ-finish-out of the=buHding in- a manner agreeable to both parties:.before the frrst.monthly renta~ payment is due. The Board also agrees to loan to Developer the sum of $-1-50,000.00. The term of the loan- will be: 6 months-and interest on that sum wiff accrue .at 5% per year, compounding monthly. DevefGper will use that sum to purchase 109- and 111 San Jacinto from Wade 1 Cooper, which wirrbe closed sirnultaneouslywith the sale cf-the Triangle Property. 109 and 111 San Jacinto will-be security for the loan, The Developer has agreed to gift 1 % of the Development fees associated the development of the office complex to a special fund in support of the City "Art in Public Places Program- currently being developed up to a maximum of $150,000. The Texas Parks and Wildlife Commission has agreed to sell to the LPDC the property located at 115 San Jacinto Street, which currently houses the Texas Parks and Wildlife Region 4 Administration Staff. The agreed to price is $450,000 and a letter of intent directing staff to proceed with the paperwork will be sent to TPW on September 11. 2008, In the Development Agreement to be drafted the Developer will agree to purchase the property from the LPDC Board for $450,000. A timeline for performance as to the construction of office complex shall be included as a condition of the sale of the property to the Developer and also included in the final Development Agreement. This constitutes lhe initial, non-bindif-lg understanding between the parties in order to begin the process of land purchases and lay the groundwork for the final Development Agreement in. order for the-Greation af the- Town Plaza to proceed wmle. assuring both parties that all elements'in.this Memorandum..of Understanding~ _PJ~ Ms. Pat. uston, PresIdent La Porte Development Corporation VJ1J f1dJiI.! 1/{-ILl Attest Martha' melt, City Secretary EAST A DEVELOPMENTS, L.P. By: GSDB Management, L.L.C., it's General Partner By: ." -- LA PORTE 5 POINTS PROPERTIES, L.P, By: GSBS La Porte Management,LL' " ifs General Partner B"y: Garson Silvers Manager 2 12 CITY COUNCIL DRAINAGE REPORT January 10,2011 Contract Design and Construction (Klotz) . Design of Sheet Flow Relief Structure Improvements to Creekmont Fairmont Park West Brookglen and Fairmont Park East. Plans are to be revised to include underground systems based upon preference of City Council. Redesign award scheduled for January 10,2011. . Brookglen Detention. Plans are to be amended to drain low points of adjacent streets as well as sheet flowing into pond. Conceptual approval received from HCFCD to allow the amended design. Design amendment award scheduled for January 10,2011. . Fairmont Park East - Fleetwood Drive. Contractor (Angel Bros.) is in progress with 15% of underground work done. Traffic control plan is being amended. work beginning at south end moving toward the north. Centerpoint is working through engineer on relocations, thus far contractor has been able to construct under the existing underground powerlines. In-House Design and Construction ofCitv-initiated Proiects. . South La Porte Bay Outfalls. Jefferson is complete. Oakhurst - Agency review by TDRA underway. The environmental review returns are not expected until March 1,2011. . F-216 Regional Detention Proiect. Clearing of F-216 regional detention is approximately 60% complete. Corps of Engineers permit is approved. Contractor is scheduled to commence again in February. . City-Wide De-silting of Maior Channels - The five desilts and Brookglen Pond #One are in bid process. Bids to be opened 1-13-11. Conducted a pre-bid meeting 12-30-10. . Coordination with Harris County Flood Control District. Staff will be presenting a pared-down list of projects for HCFCD consideration. Those that will provide the greatest benefit for the cost will be selected from the comprehensive long-term list presented in November. This list will be considered by the Drainage and Flooding Committee at the next meeting. . Battleview area. Staff met with HCFCD regarding flowing through their detention pond for the secondary channel. Received favorable response. . East Main. Civil Tech is underway with impact analysis. Kick off meeting held 1229-10. 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 Maintenance. Cleaned ditches in various areas of the city. Completed drainage maintenance of Spenwick area. Crews have moved to Lomax and the north side for drainage maintenance. . South 8th Street. Main to D Street is complete. D to Fairmont IS at 70% construction. . North and South 16th Streets. Revised proposal from Freese and Nichols for design. Contract for design has been executed. Kick off meeting complete. . The Sylvan Beach outfall is complete.