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
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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
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Encourages jeint ventures and alliance,
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chambers of COITlmelce to create Opportunities
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standards of competitiveness and high quality_
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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.
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AREA MAP
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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
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OGDEN DEVELOPMENT LAYOUT
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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
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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~
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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
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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.
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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
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-,._,~~-'----
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
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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
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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.
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Louis RL R~by
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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
.".,..,"",..,..,,~~,~,~~=~~~~
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,;;:~~~~~~~~:-
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
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PROPOSED DRAINAGE FLUME LOCATIONS ,,4
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LEGEND
ORI GINAL UNDERGROUND DESIGN
(APPROVED BY HCFCD)
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PRO POSED UNDERGROUND DESIGN
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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
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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.