HomeMy WebLinkAbout12-03-07 Drainage and Flooding Committee
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MINUTES OF THE DRAINAGE AND FLOODING COMMITTEE
December 3,2007
1. Call to Order
The meeting was called to order by Chairman Mike Mosteit at 5:00 p.m.
Committee Members Present:
Councilmembers: Tommy Moser, Chuck Engelken, Chairman Mike Mosteit, and Vice Chairman
Mike Clausen
Committee Members Absent: Howard Ebow
Members of City Emplovees Present:
Assistant City Secretary Sharon Harris, City Manager Ron Bottoms, Assistant City Manager
John Joerns, Director of Public Works Steve Gillett, Assistant Director of Public Works Don
Pennell, City Engineer Rodney Slaton, and Planning Director Wayne Sabo.
Others present: Doug Bryant, Don Killen, George Houth, Charles Nute, John Randolph, Chris
Carter, Ken Van Zandt, Tom Wendoff, Susan Wilder, Richard and Ellen Winn, Adam and
Roxana Mouton and other citizens.
2. Consider approval of Minutes of Drainage and Flooding Committee held October 29,2007.
Motion was made by Committee Member Engelken to approve the minutes as presented. A
second by Committee Member Moser. The motion carried.
Ayes: Tommy Moser, Mike Mosteit, Chuck Engelken and Mike Clausen
Nays: None
Abstain: None
Absent: Howard Ebow
3. Presentation - Repetitive Loss Project
Committee member Engelken presented a presentation from FEMA (provided by the University
of New Orleans) for a Repetitive Loss Project in the City of La Porte.
4. Petitions, Remonstrances, communications, and citizens and taxpayers wishing to address the
Flooding and Drainage Committee.
There was not anyone wishing to address the committee.
5. Discuss Qualification Statements for a Professional Engineering Services for City-Wide Drainage
study.
Public Works Director Steve Gillett provided a memo and discussed Qualification Statements for
a Professional Engineering Services for a City-Wide Drainage study.
A total of twelve invitations were sent to firms. Eleven were received on November 30,2007.
Mr. Gillett discussed the evaluation criteria for selecting a firm.
It was recommended a Selection Committee be appointed consisting of Assistant City Manager,
John Joerns (Chairman), Director of Planning Wayne Sabo, Director of Public Works Steve Gillett,
and City Engineer Rodney Slaton.
The Selection Committee was directed to return to the Drainage and Flooding Committee with a
recommended consultant including a firm scope of work and timeline prior to negotiation of a final
agreement. The recommended consultant would be brought to full City Council for consideration.
The committee directed staff to move forward.
6.
Receive an update from staff on Short Term Projects in the City of La Porte for Drainage and
Flooding problems.
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Director of Planning Wayne Sabo provided an update on Short Term Projects in the City of La
Porte for Drainage and Flooding problems in addition to reporting that Precinct Two and Harris
County Flood Control District had met onsite with him at the projects.
Mr. Sabo reported there was not a recommendation available at this time on Fleetwood Dr.
7. Discuss a "No Wake" Ordinance for future consideration by City Council.
Director of Planning Wayne Sabo discussed a "No Wake" Ordinance for future consideration by
City Council.
Chairman Mosteit recommended only two offenses for penalties instead of three.
The committee directed staff to move forward and bring an ordinance for consideration to full
City Council.
8. Discuss the Maintenance of Little Cedar Bayou.
Director of Planning Wayne Sabo discussed the Maintenance of Little Cedar Bayou.
The City of La Porte Planning Department will receive GIS file updates from Harris County Flood
Control District.
John Randolph with Harris County Flood Control District reported selective clearing of brush will
be done by Harris County Flood Control District.
The committee requested Mr. Sabo to bring an amendment to the project for Harris County
Flood Control District to perform maintenance on Little Cedar Bayou to the Bay
9. Discuss and considered making recommendations to City Council to expand the Drainage and
Flooding Committee to include citizens of La Porte as members of the Drainage and Flooding
Committee.
The committee discussed expanding the Drainage and Flooding Committee to include citizens of
La Porte as members of the Drainage and Flooding Committee.
10. Administrative Reports
Staff provided an engineering update and Harris County Flood Control District John Randolph
provided a report to the committee.
11. Set date for next meeting
The Drainage and Flooding Committee set the next date for January 7, 2008 at 5:00 p.m. in the
Council Chambers.
- 12.
Committee Comments.
The committee had comments.
13. Adjournment.
There being no further business to come before the Committee, the meeting was adjourned at
5:50 p.m.
Respectfully submitted,
J)LQJlOVL~
Sharon Harris
Assistant City Secretary
,~OfJanUa~
Chairperson Mike Mot fl
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ORDINANCE NO. 2004 - /)/16)
AN ORDINANCE AMENDING CHAPTER 102, NATURAL RESOURCES,
ARTICLE IV, PIPELINE TRANSPORTATION SECTIONS 102-231
THROUGH 102-265, INCLUSIVE, BY REPEALING CURRENT SECTIONS
102-231 THROUGH 102-265 AND REPLACING THEM WITH THE
FOLLOWING; AND FURTHER AMENDING APPENDIX A - FEES OF THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE, SECTIONS 102-
264 BY REPEALING THE FEES ESTABLISHED HEREIN AND REPLACING
THEM WITH THE FOLLOWING; PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED
IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) PER
DAY; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF;
CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1. THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE IS HEREBY AMENDED, BY ADDING NEW SECTIONS 102-231 TO
102-247, INCLUSIVE, TO CHAPTER 102 OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, WHICH SHALL HEREAFTER
READ AS FOLLOWS, TO WIT:
ARTICLE IV. PIPELINE TRANSPORTATION
Sec. 102-231. Declaration of Policy
The City Council declares that the policy of the City
in the manner of granting to any person the privilege
to construct, operate and maintain any pipe or
pipeline within the jurisdiction of the City for the
purpose of thereby transporting oil, gas, brine or any
other liquid or gaseous substance whatsoever shall be
stated in this article. The provision of this article
shall be administered by the Director of Planning or
his designee.
Sec. 102-232. Definition of Terms
All terms used herein shall be taken in their ordinary
signification except the following:
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(a) "City" shall mean the City of La Porte now
incorporated and as hereafter expanded by annexation
or consolidation.
(b) "Commodity" shall mean any liquid or gaseous
substance or other product capable of being
transported through a pipeline and which is, or may
become, flammable, toxic or otherwise hazardous to
human, animal or plant health and/or life.
(c) "Director" shall mean the Director of Planning or
his designee.
(d) "Operational Boundary" shall mean the prime
property and location of the offices and operational
facilities of a person within the City. The term is
not intended to extend to rights-of-way, easements,
licenses or privileges owned or utilized by a person
incidental to a pipeline and which radiate or depart
from such primary property, offices and operational
facilities.
(e) "Permittee" shall mean
permit is issued under
ordinance.
the
the
person to
provisions
whom a
of this
,'~
(f) "Person" shall mean an
partnership, association
however organized.
individual, corporation,
or any other entity,
(g) "Pipeline" shall mean any pipeline or part
thereof, including pipe, valves and any
appurtenances thereto, which is used for the
transportation of a commodity into, across, under or
over the City. "Pipeline" shall include any pipe,
valve, appurtenance or portion of any pipeline
crossing the operational boundary of any industry
operating, in whole or part, in the City.
"Pipeline" shall not include any pipeline, pipe,
valve or appurtenance when located entirely on,
within or under a person's operational boundary.
(h) "Relocation" shall mean the
vertical movement of a pipeline.
horizontal
or
(i) "Reposition"
pipeline when
shall mean
such movement
the movement of a
is necessary for the
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construction, maintenance and improvement of
streets, water lines, sanitary sewer lines, storm
sewers, ditches and public utilities.
Sec. 102-233. Exemption
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This Article shall not extend to:
(a) any person now or hereafter providing natural gas
service for residential and business use only
within the City pursuant to a franchise from the
City as a gas distribution utility;
(b) raw or potable water pipelines,
appurtenances; or
valves
and
(c) city, county or state agencies for storm drainage
or sanitary sewer service pipelines , valves and
appurtenances, except industrial wastes
transported by pipeline to treatment facilities
outside the corporate city limits.
Sec. 102-234. Permit Required
No person shall commence the construction, relocation
or reposition of a pipeline within the City without a
permit being obtained from the City for such pipeline
under the terms of this Chapter.
Sec. 102-235. Application for Permit
A person desiring a permit shall submit a written
application to the Director and concurrently therewith
shall pay a non-refundable fee to the City. The
application form, which can be obtained from the
Director, shall be submitted to the Director, in
duplicate, with the following information contained
thereon:
(a) The name, business address and telephone number
of the pipeline owner and operator;
(b) The names, titles and telephone numbers of the
following persons:
1. The person submitting the information;
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information; and
3 .
The 24-hour emergency contact
alternate 24-hour contact), who
(and
an
i. Can initiate appropriate actions to
respond to a pipeline emergency;
ii. Has access to information on the
location of the closest shutoff valve
to any specific point in the city or
its jurisdiction; and
iii. Can furnish the common name of the
material then being carried by the
pipeline.
The origin point and destination of the pipeline
being constructed, adjusted, relocated, replaced,
repositioned or repaired.
A description of the commodity(s) to be
transported through the pipeline. A copy of the
material safety data sheets for the commodity (s)
shall be included with the submittal if the owner
or operator is required by federal or state law
to have material safety data sheets available;
_he maximum allowable operating pressure on the
pipeline as determined according to the u.s.
Department of Transportation and state Railroad
Commission procedures or the maximum design
strength for unregulated pipelines, if
applicable;
The normal operating pressure
pipeline;
range
of the
The maximum allowable temperature under which the
substance or product may be pumped or otherwise
caused or permitted to flow through any and all
of the particular portions of the pipeline, if
applicable;
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specifications showing the horizontal pipeline
location, the pipeline covering depths and
location of shutoff valves wi thin the corporate
limi ts and ETJ of the City. The location of
shutoff valves must be known in order for
emergency responders to clear the area for access
to the valves. To the extent that information
can be reasonably obtained, drawings shall show
the location of other pipelines and utilities
that will be crossed or paralleled wi thin five
(5) feet;
(i) A summary description of the time, location,
manner, means and methods of the proposed
construction, including but not limited to the
following:
1. Detailed cross section/profile drawings for
all public way crossings if requested by the
Director;
2. A plan accurately showing the location,
course and alignment of the proposed
pipeline, including valve locations
(existing and proposed), and all public ways
in which the proposed pipeline shall be
laid, provided that the degree of accuracy
shall not be required to exceed the accuracy
which can be practicably achieved by using
United States Geological Survey (USGS) maps.
(j) A statement that the pipeline will comply with
the applicable standards required by this Article
as well as all applicable federal, state and
local laws and regulations; and
(k) A statement that the Permittee shall, at any time
in the future, where such pipeline or portion
thereof crosses or is laid within, under or
across any street, road or utility right-of-way,
drainage way or public way existing or projected
at the time the permit is issued, reposition such
pipeline (which shall include lowering or raising
the pipeline, as well as casing it, if required)
at the Permittee's sole expense, when the City
reasonably requires such action incidental to
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public construction or public improvement:
construction, maintenance and improvement of
streets, water lines, sanitary sewer lines, storrr
sewers, ditches and public utili ties. The City
shall give the Permittee prior written notice of
the need for repositioning location, and such
notice shall be mailed certified mail, return
receipt requested, to the Permittee as designated
in the application. The Permittee shall have six
(6) months to complete such repositioning.
(1) A statement that the Permittee shall notify the
Director at least forty eight (48) hours prior to
performing any scheduled repairs or maintenance
on the pipeline. For unscheduled emergency
repairs or maintenance, taken to protect the
public health, safety or welfare, the Permittee
shall notify the City Police Department
dispatcher as soon as practical but no later than
one (1) hour after commencing repairs or
maintenance.
The Director expressly reserves the right to require
the submission of additional information if the
~irector reasonably deems the information necessary to
.neet the requirements of this Article. Such
supplemental information shall be submitted by the
Permittee to the Director within ten (10) days,
excluding weekends and City holidays, of the
Permittee's receipt of the Director's written request.
While awaiting the requested information, the period
in which the City must process the application shall
be suspended.
c. 102-236. City Council Consideration
(a) Within sixty (60) days from the date on which the
official application is received at the official
address for the Director, the Director shall advise
the applicant whether, based on the Director's
professional judgment, the contemplated
construction, relocation, replacement or reposition
is in compliance with this Article. If the Director
does not deem the contemplated construction to be in
compliance with this Article, the Director shall
notify the applicant, in writing, of any
deficiencies found.
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this section is given to the applicant, the
Director, based upon the assessment of the Director
and other city personnel, shall report to the City
Council upon his examination of such application and
plans, including such changes in the plans as the
applicant may have made upon his suggestion, with
his recommendation as to the granting or denying of
the permit application, based upon compliance or
noncompliance with this Article, a t the next
regularly scheduled City Council meeting for which
adequate notice may be given. The Director shall in
such report and recommendation state whether the
proposed course or alignment of the pipeline and
depth at which it is proposed to be laid thorough
undeveloped or unplatted areas is, to the extent
economically feasible, consistent with the probable
future development of such areas, location and
opening of future streets, and laying of water,
sanitary sewer, storm sewer lines, ditches and
public utilities incident to such probable future
development.
(c) After the report
the City Council,
approval or denial
and recommendation is
the City Council shall
of the permit.
made to
consider
~c. 102-237. Permits
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Jpon approval, permits shall be executed in duplicate
originals by the Director. One duplicate original
shall be delivered to the Permittee and the other
shall be retained by the City. A copy of the permit
shall be conspicuously displayed at each point where
the pipeline construction, relocation or repositioning
intersects any public street, right-of-way, easement
or public property within the corporate limits of the
city.
~c. 102-238. Permit Transference
Permits may be transferred after prior written notice
to the Director, on a form provided by the Director,
which notice shall set forth the full name and address
of the transferee, the full name and address of the
transferee's registered agent or owner (if an
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transferee shall be bound by all provisions of the
application and permit as originally acted upon and
granted by the City. The transfer application shall
be signed by an authorized officer, owner or
representati ve of both the transferor and transferee
and shall be accompanied by a non-refundable transfer
fee.
Sec. 102-239. Permit Fees
(a) Every permit requested under the terms and
condi tions of this Article, with the exception of
those permits necessitated due to a repositioning of
a pipeline at the request or required by the City or
another Governmental entity, shall provide for the
payment by the applicant to the City of a non-
refundable application fee of one thousand dollars
($1,000) per pipeline.
(b) Every permit granted under the terms and
conditions of this Article shall provide for the
payment of an annual fee thereafter in the amount of
eight hundred dollars ($800) per pipeline per year,
payable annually in advance on or before July 1 of
each year.
(c) Every permit transfer shall be accompanied by a
non-refundable transfer fee of three hundred dollars
($300) .
Sec. 102-240. Permit Expiration
(a) If construction, relocation or reposition of the
pipeline does not commence within one (1) year from
the date of the permit, the permit shall be void
unless the Permittee makes written application for
an extension. The City Council may grant an
extension for one (1) additional year only.
(b) Pipelines abandoned after the date of this
ordinance shall have their permit voided and shall
not thereafter be subject to the terms of this
Article except as follows:
1. The owner
Director,
or
in
operator
writing,
shall report to
the abandonment
the
of a
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with this Article.
2. All known abandoned pipelines shall be
purged, disconnected from all sources or
suppliers of gas, hazardous liquids and
chemicals and shall be capped or sealed at each
end within the City limits.
Sec. 102-241. Construction Requirements
All pipelines shall be constructed in accordance with
the following guidelines:
(a) All pipelines shall be constructed
with the latest applicable minimum
applicable, established by the
department of Transportation,
Commission, or any other entity
authority over pipeline safety
matters.
in accordance
standards, if
United States
Texas Railroad
having regulatory
and construction
(b) All pipelines shall be buried to specified
depths, as follows:
1. Pipelines which run under or within twenty (20)
feet of any street or streets and/or any
proposed street which has been designated on
the Master Plan for the City or the official
Ci ty Map of the City, shall be buried to a
depth of at least six (6) feet measured between
the top of the pipeline and the natural surface
of the ground.
2. Pipelines which run under any ditch and/or
drainage area or structure shall be buried to a
depth of at least five (5) feet measured
between the top of the pipeline and the
ultimate channel or structure depth. Permittee
is responsible for determining the ultimate
depths from the appropriate agency and
reporting said information with permit
application.
3. Pipelines for areas not mentioned in 1. or 2.
above shall be buried to a minimum depth of
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pipeline and the natural surface of the ground.
Provided further, if at any particular point or
points the Director determines that a greater or
lesser depth be required, such permit shall not
be granted except upon agreement by the Permittee
to comply with such depth requirement.
(c) All pipelines shall cross public streets, public
properties and public rights-of-way as closely as
possible to a right (900) angle.
(d) All public streets, roads and ways in existence
at the time of construction of a pipeline shall be
bored under and shall not be cut for the purpose of
constructing, relocating or reposi tioning a
pipeline.
(e) All pipeline related excavations in any public
right-of-way shall be backfilled in a manner
satisfactory to the City; and if after once
refilling such excavation the earth within the
excavated area settles so as to leave a depression,
the Permittee shall be required to make further
necessary fills as ordered by the City. All areas
shall be graded and maintained so as to provide
drainage of the area.
(f) The Permittee shall be required to repair all
portions of any street across or along and under
which pipelines are laid and place the same in as
good a state of repair and condition as they were at
the time the construction, repair or removal was
commenced, such repairs to be to the satisfaction of
the City.
(g) Upon completion of the pipeline, the Permittee
shall provide the Director with three (3) as-built
(or recordl drawings of the pipeline, showing the
route, distances and shut-off valve locations.
These drawings shall be submitted in digital format
acceptable to the city.
Sec. 102-242. Pipeline Location
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within existing pipeline corridors. The feasibility
of locating new pipelines in established corridors
in the City shall be considered from the perspective
of the pipeline owner or operator, taking into
consideration the following:
1. The availability and cost of corridor space;
2. The availability and cost of right-of-way to
and from the corridor;
3. Technical, environmental, safety, efficiency
and cost issues related to building, operating
and maintaining both the portion of the
pipeline that would be located in the corridor
and the lengths of pipeline required to gain
access to and from routing through a corridor;
4. Any delays in right-of-way acquisition
pipeline construction that may result
routing through a corridor;
or
from
5. The availability of an alternative right-of-way
to the owner or operator; and
6. All other matters that a prudent
or operator would consider in
route for a new pipeline.
pipeline owner
selecting the
Provided that the owner or operator has considered in
good faith the use of existing corridors wi thin the
City, the determination of the owner or operator as to
the feasibility shall be determinative, unless there
is clear and convincing evidence that contradicts the
conclusion of the owner or operator.
(b) When it is not feasible for a new pipeline to be
located wi thin an existing corridor, the pipeline
should, to the extent practical:
1. Follow property boundaries of fee parcels or
existing easements to avoid unnecessary
fragmentation of land and avoid diagonal routes
that would create slivers of land between
public ways, except if following:
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in the public interest;
ii.
boundary lines or
is impractical
circumstances;
existing easements
under the
iii. boundary lines or existing easements
poses safety concerns; or
i v. boundary lines or existing easements
would not be feasible.
2. Avoid areas of unique recreational or aesthetic
importance, environmentally sensitive areas and
areas of historical or cultural significance,
unless appropriate mitigation measures are
undertaken to the satisfaction of the Director;
and
3. Avoid conflict with existing or planned urban
developments as well as the location of planned
future streets and laying of planned water,
sanitary sewer and storm sewer lines,
structures and ditches incident to such future
development.
Sec. 102-243. Liability
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A condition of granting any permit shall require the
Permittee to save the City harmless from liability for
injury or damage to any person or person's property
caused by the construction, relocation, repositioning,
maintenance, operation, repair or removal of any part
or all of such pipeline within any public right-of-way
or easement; and shall require the Permittee to pay to
the Ci ty all damages caused to the City by
construction relocation, repositioning, maintenance,
operation, repair or removal of such pipeline or any
part thereof.
(a) Except in an emergency, the Permittee shall
notify the Director forty eight (48) hours before
commencing at any time excavation in any portion of
any said unpaved or unimproved street, and not
wholly close any street, but shall at all times
maintain a route of travel along and wi thin such
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prior to the excavation.
(b) In the event of an emergency, it being evident
that immediate action is necessary for the
protection of the public and to minimize property
damage and loss of investment, Permittee may, at its
own responsibility and risk make necessary emergency
repairs, notifying the City Police Dispatch of this
action as soon as practical, but not later than one
(1) hour after commencing repairs or maintenance.
Sec. 102-244. Insurance and Bonding Requirements
(a) Under this Article, a Permittee must furnish,
prior to any construction, repair, adjustment,
relocation, reposition or replacement, and shall
further maintain at all times during the life of the
Permit, commercial general liability insurance for
bodily injury and property damage, including
explosion, collapse and underground hazard, coverage
in the minimum combined single limit amount of
$1,000,000 as it pertains to all pipelines or other
facilities owned by the Permittee in the public way in
the jurisdiction. Such policy shall name the City,
its officers, agents and employees as additional
insureds.
(b) A certificate of insurance specifying the coverage
required in subsection (b) of this section with an
insurance company having acceptable insurance rating
shall be furnished to the Director prior to the
issuance of any permit. Such certificates of
insurance shall provide that at least 30 days prior
written notice for the termination or modification of
the required insurance shall be given to the City.
(c) In lieu of liability insurance, a permit applicant
shall furnish evidence of financial responsibility
which demonstrates the applicant's qualifications as a
self-insurer. Such evidence may take the form of the
most recent corporate financial report which is
acceptable to the City Council as giving assurance of
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the applicant's financial ability to comply with the
requirements of this section.
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Sec. 102-245. Pipeline Permit Updates
It shall
provide,
following
be the responsibility
in writing, updated
aspects of each permit:
of the Permittee
information on
to
the
(a) Name and mailing address of the pipeline owner.
(b) Name and telephone number of two (2) officers or
persons available on a twenty four (24) hour
basis who can furnish or obtain immediately,
information as to the pressure at the point or
points of input nearest to the City and the
common name of the commodity carried by the
pipeline.
(c) A description of the commodity(s) being
transported through the pipeline. A copy of the
material Safety data sheets for the commodity (s)
shall be included with the update if the owner or
operator is required by federal or state law to
have material safety data sheets available.
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This information
update or upon
ownership.
will be provided
transference or
with
any
the annual
change in
Sec. 102-246. Pipeline Signs
Every pipeline, new or existing, within the corporate
limits of the City shall bear at all times, in plain,
indelible lettering, signs denoting the ownership of
said pipeline, permanently affixed in the pipeline
right-of-way where said pipeline rights-of-way cross
public streets, public properties or public rights-of-
way.
Sec. 102-247. Penalties
Any violation of any section, subsection or part of
this ordinance shall be deemed a misdemeanor and such
violation thereof during all or any portion of any day
shall be a separate offense and misdemeanor; and upon
final conviction, every person, firm, association,
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shall be fined in a sum not more than two thousand
dollars ($2,000) per each day of violation.
,-
SECTION 2. If any provision, section, subsection,
paragraph, sentence, clause or phrase of this ordinance, or
the application of same to any person or set of
circumstances is for any reason held to be
unconstitutional, void or invalid, the validity of the
remaining portions of this ordinance or their application
to other persons or sets of circumstances shall not be
affected hereby, it being the intent of the City Council in
adopting this ordinance that no portion hereof or provision
or regulation contained herein shall become inoperative or
fail by reason of any unconstitutionality, voidness or
invalidity of any other portion hereof, and all provisions
of this ordinance are declared to be severable for that
purpose.
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SECTION 3. The City Council officially finds,
determines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting
of the City Council was posted at a place convenient to the
public at the City Hall of the City for the time required
by 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 subj ect 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.
SECTON 4. This ordinance shall be in full force and effect
from and after its passage, approval and publication as
required by law.
PASSED AND APPROVED, this 12th day of July, 2004.
15
,-
:TEST:
,177 at/ia 4rxYtt/
lrtha: A. Gillett
_ ty Secretary
)PROVED:
~()/~
CITY OF LA PORTE
BY~
Mayor Pro-Tern
~ UM7_~
I
n J J;-/ Crry dl-H:J.
lOX W. Askins
_ t\l-Attorney
16
'Pe-{~/ (', (7. . " .,.....,
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PIPELINE PERMITTING PROCESS
Permit application
foons obtained from
Planning Department.
c:::>
Permit application and
required documentation with
application fee submitted to
Planning Director.
c:::>
Planning verifies and marks
existing and proposed public
infrastructure and improvements.
Planning reviews submission
for completeness and
compliance with the
ordinance.
c:::>
.0.
.0.
Planning forwards application
fee to Finance.
Departments provide comments
to planning within 10 days.
<==:J
Planning provides application
to other Departments for
review and comment
u
City Council
considers permit. If
approved, Director
signs permit (2
originals).
Planning contions
application is complete,
and schedules for city
council meeting.
Planning contacts Applicant
for changes and/or
additional information
<==:J
Applicant furnishes
Planning approvals from
other agencies, as
needed.
<==:J
<==:J
u
Finance establishes file for
future billing and updates.
Finance bills annual fee and
solicits update as needed.
c:::>
c:::>
I original to City
Secretary. I copy to
Finance, I copy
retained in Planning
Copy ofpermit and plans held
until construction begins.
c:::>
Planning Representative
makes periodic inspections.
c:::>
I original to Construction Copy of Permit EMC updates
applicant. Applicant Permit completed. and vicinity pipeline
Applicant provides 48 posted at Planning files map provided database and
submits c:::> hour notice c:::> all public c:::> plans, Permit to Emergency c:::> provides copy
required to Planning ROW and field notes c:::> Management to Fire Dept.,
insurance (except in crossings. and updates Coordinator PD Dispatch
certificate. emergency). mapping (EMC) for and EOC.
program. cataloging.
5
,c,.,-.
CITY OF LA PORTE
PUBLIC WORKS
DEPARTMENT
Memo
To: Ron Bottoms, City Manager ~.
From: Steve Gillett, Director of Public Works ~r ~
CC: Council Drainage and Flooding Committee
John Joerns, Assistant City Manager
Wayne Sabo, Director of Planning
Date: 1/3/2008
,-
Re: Request For Qualifications Evaluation
City-Wide Drainage Study
The City has received qualification statements from eleven (11) AlE firms for the
above referenced Study. An evaluation team was selected to review submissions
and score each on the criteria identified in the RFQ. The members were John
Joerns, Wayne Sabo, Rodney Slaton and Steve Gillett.
The Committee initially met to discuss and agree upon a weighing factor for each
selection criteria. A second meeting was held to discuss the initial evaluation of the
submissions, and the Committee agreed to eliminate a total of six (6) firms, based on
experience, proposed personnel and overall response to the RFQ. Claunch & Miller,
Dannenbaum, Jacobs Carter Burgess, Klotz and URS were given an in-depth review
by each committee member and individual rating sheets were completed. The
Committee then met again to discuss the individual ratings, and a combined rating
sheet for each firm was prepared.
A summary of the evaluation tabulations is attached as Exhibit I. The top respondent
was identified as Klotz Associates with a combined average score of 7.6625. It
should be noted that the entire committee selected Klotz as the top respondent.
. Page 1
EXHIBIT I
;,,..-,
EVALUATION FORM FOR QUALIFICATION STATEMENTS
CITY-WIDE DRAINAGE STUDY
Ratings are on a scale of 1-1 D, with 1 D being the highest.
OVERALL COMBINED RATING
CLAUNCH JACOBS
CRITERIA & MILLER DANNENBAUM CARTER & KLOTZ URS
BURGESS
RELEVANT CONSULTANT
EXPERIENCE - the Firm's 1.875 1.9375 1.6875 2 1.625
experience with master drainage
UNDERSTANDING OF THE
PROPOSED SCOPE - the Firm's
understanding of the issues facing 1.45 1.35 1.4 1.4 1.5
the city in regard to drainage
management, and innovative
approach to solvina these issues.
PROJECT APPROACH - specific
project approach (work
plan/schedule), . quality assurance 1.8125 1.75 1.625 1.9375 1.8125
processes and procedures and
technical support capabilities.
CURRENT CAPABILITIES - the
Firm's capacity to respond (current
workload and availability) and the
specific services provided by team
members regularly officing in facilities 1.3 1.5 1.35 1.55 1.35
located within the greater Houston-
Galveston area with the ability to
quickly respond to issues arising
durinQ the study.
QUALITY AND RESPONSIVENESS
OF THE SUBMITTAL - the Firm's
responsiveness to the proposed 0.625 0.625 0.65 0.775 0.825
scope of work, timeline and
evaluation criteria.
TOTAL ADJUSTED SCORE 7.0625 7.1625 6.7125 7.6625 7.1125
CITY OF LA PORTE
INTEROFFICE MEMORANDUM
Date:
December 27, 2007
TO:
Steve Gillett, Director of Public Works
CC:
Wayne Sabo, Director of Planning
Rodney Slaton, Engineer
Susan Kelley, Purchasing Manag
FROM:
John Joerns, Assistant City
SUBJECT: Evaluation of RFQ No.08601
On December 5, 2007 the Evaluation Committee met to initiate the review
of the Qualification Statements submitted in response to RFQ No.08601, City-
Wide Drainage Study. The Committee first established the weighting factors to
be used in the further evaluation of the submittals. After discussion, the following .
weighting factors were decided upon.
Criteria
Relevant Consultant Experience
Understanding of the Proposed Scope
Project Approach
Current Capabilities
Quality and Responsiveness of the Submittal
% Weiahtina Factor
25
20
25
20
10
The Committee agreed to meet on December 11, 2007 with the intention
to rank the top respondents for further consideration.
At the December 11th meeting each evaluator submitted their top three to
four respondents. This was followed by an open discussion. Obviously, there was
not a complete consensus for the top respondents. However, there was a great
deal of agreement for a top five group.
· Claunch & Miller
· Dannenbaum Engineering Corporation
· Jacobs Carter & Burgess
· Klotz Associates
· URS Corporation
The Committee then agreed to meet on December 13, 2007 for the purpose of a
second evaluation of the top five responders. At the December 13, 2007 meeting
the committee members submitted evaluation forms for the top five respondents.
After tabulating the evaluations, Klotz Associates was identified as the top
responder.
6
ORDINANCE NO. 2008
DRAFT
AN ORDINANCE AMENDING CHAPTER 70 "TRAFFIC AND VEHICLES" OF THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING SECTION
70-1 "DEFINITIONS", AMENDING SECTION 70-2 "COMPLIANCE WITH
CHAPTER", ADDING SECTION 70-76 "TRAVERSING FLOODED STREET WITH
VEHICLE", ADDING SECTION 70-77 "PENALTIES FOR VIOLATION OF
ARTICLE", AND AMENDING APPENDIX-B "FINES"; PROVIDING A PENALTY
OF $500 FOR EACH OFFENSE; PROVIDING A SEVERABLITY CLAUSE;
CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE
DATE HEREOF;
WHEREAS, the City of La Porte, Texas (herein, the "City"), being
a home-rule city having authority to utilize police power
regulation for the health, safety and general welfare of the
citizens of the City; and,
WHEREAS, the City Council is deeply concerned about recent
occurrences of flooding of streets and adjoining residential and
commercial structures;
WHEREAS, the City Council finds that the operation
on flooded streets at unreasonable speeds creates
result in damage or increased flooding to
improvements and other property located along and
flooded street; and,
of vehicles
wakes that
structural
adj acent to
WHEREAS, the City Council finds that establishing a policy to
restrict the operation of vehicles on flooded streets at speeds
that cause wakes will protect property and will reduce the
likelihood of a breach to the peace caused by the creation of
wake disturbances and resulting property damage; and
WHEREAS, the laws of the State of Texas, including those found
in Chapter 51 of the Texas Local Government Code, and the City
Charter provide the City authority to adopt ordinances for the
good government, peace, order, and welfare of the municipality;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS:
Section 1. The foregoing recitals are hereby found to be true
and correct and are hereby adopted by the City Council and made
a part hereof for all purposes as findings of fact.
Section 2. That the Code of Ordinances of the City of La Porte,
Texas is hereby amended by amending Section 70-1 "Definitions",
.-
of Article 1 "In Generalu, Chapter 70 "Traffic and Vehiclesu of
the Code of Ordinances, to add the following definition to be
included in said section in proper alphabetical sequence:
"Flooded Street means any instance where both the curb and
the crown of a road, street, or other improved right-of-way are
under water from right-of-way line to right-of-way line, or
where any road or street, regardless of whether equipped with
curbs and gutters, is in such condition due to inundation of
water that it potentially increases possibility of damage by
flooding to surrounding property or premises.u
Section 3. That the Code of Ordinances of the City of La Porte,
Texas is hereby amended by amending Section 70-2 "Compliance
with chapterU, of Article I. "In Generalu, Chapter 70 "Traffic
and Vehiclesu of the Code of Ordinances, which said Section
shall read as follows:
"Sec. 70-2. Compliance with chapter.
It is unlawful and, unless otherwise declared in this chapter
with respect to particular offenses, it is a misdemeanor for any
person to do any act forbidden or fail to perform any act
required in this chapter. Neither allegation nor evidence of a
culpable mental state is required for the proof of an offense
defined in this chapter, during the prosecution of such offenses
in any criminal proceeding.u
Section 4. That the Code of Ordinances of the City of La Porte,
Texas is hereby amended by adding new Section 70-76 "Traversing
Flooded Street with Vehicleu, of Article III. "Operation of
Vehiclesu, Division 1 "GenerallyU, Chapter 70 "Traffic and
Vehicles U of the Code of Ordinances, which said Section shall
read as follows:
"Sec. 70-76. Traversing Flooded Street with Vehicle.
(a) It shall be unlawful for any person to traverse a flooded
street in an automobile, truck, boat, or other vehicle or vessel
at such speed as to create a wake therein that causes damage or
increased flooding to the property or premises adj oining such
flooded street or streets.
(b) It is an affirmative defense to
section that the person was performing a
protecting the public order and safety.u
prosecution under this
rescue operation or was
Section 5. That the Code of Ordinances of the City of La Porte,
Texas is hereby amended by adding new Section 70-77 "Penalties
for violation of article", of Article I. "In General", Chapter
70 "Traffic and Vehicles" of the Code of Ordinances, which said
Section shall read as follows:
"Sec. 70-77. Penalties for violation of article.
(a) A person who violates any provision of this article shall
be guilty of a class C misdemeanor and upon conviction shall be
fined an amount not exceeding $500.00.
(b) A person who violates subsection 70-75 (e) shall be fined
an amount not exceeding $50.00 upon the first conviction and an
amount not exceeding $100.00 upon the second and each subsequent
conviction.
a. The municipal court shall dismiss a charge against a person
and/or parent for a first offense under subsection 70-75 (e) ,
upon receiving proof that:
i. The defendant acquired a helmet for the person who was
operating or riding the motor assisted scooter in violation of
subsection 70-75(e); and
ii. The defendant acquired the helmet on or before the tenth
day after receiving the citation of the violation.
b. If the charge against a person is dismissed under
subsection 70-76 (b) a., a later conviction for a violation of
subsection 70-75 (e) shall be considered a second or subsequent
conviction for purposes of subsection 70-76(b)."
Section 6. That the Code of Ordinances of the City of La Porte,
Texas is hereby amended by adding new Sections 70-78--70-95
"Reserved", of Article I I I. "Operation of Vehicles" , Division 1
"Generally" Chapter 70 "Traffic and Vehicles" of the Code of
Ordinances, which said Section shall read as follows:
"Sees. 70-78--70-95. Reserved."
Section 7. That the Code of Ordinances of the City of La Porte,
Texas is hereby amended by adding Article III. "Operation of
Vehicles", Division 1 "Generally", Section 70-76 "Traversing
Flooded Street with Vehicle" to Appendix-B "Fines", Chapter 70
"Traffic and Vehicles", which as amended shall read as follows:
,-
"Article III. Operation of Vehicles
Division 1. "Generally"
(a) Fine for violation of 970-76 (a) ....
$500"
Section 8. Open Meetings. 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 subj ect matter thereof has been
discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and
the contents and posting thereof.
Section 9. Severability. Should any section or part of this
ordinance be held unconstitutional, illegal, or invalid, or the
application to any person or circumstance for any reasons
thereof ineffective or inapplicable, such unconsti tutionali ty,
illegali ty, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining
portions thereof; but as to such remaining portion or portions,
the same shall be and remain in full force and effect and to
this end the provisions of this ordinance are declared to be
severable.
Section 10. Effective Date. This Ordinance shall be effective
fourteen (14) qays after its passage and approval. The City
Secretary shall give notice of the passage of this ordinance by
causing the caption hereof to be published in the official
newspaper of the City of La Porte at least twice within ten (10)
days after the passage of this ordinance, in accordance with the
provisions of Chapter 52, Texas Local Government Code, and the
City of La Porte Charter.
PASSED AND APPROVED on the
day of
2008.
.'-
By:
Alton E. Porter
Mayor
ATTEST:
Martha A. Gillett
City Secretary
APPROVED:
c~nr~
Assistant City Attorney
7
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